Readings Philippine History - Login JTCA Publishing

Readings in

Philippine History

Dr. Imelda C. Nery

Virgilio V. Dolina Paul John G. Sion First Edition

Readings in

Philippine History

Dr. Imelda C. Nery

Virgilio V. Dolina Paul John G. Sion First Edition

Published & Distributed by:

JTCA Publishing Unit 5 2nd Flr., Brickton Bldg.,

Bricktown St., cor. Multinational Village, Moonwalk, Parañaque City

Tel. #: 260-0037 Email: [email protected]

Published & Distributed by: JTCA Publishing Unit 5 2nd Flr., Brickton Bldg.,

Bricktown St., cor. Multinational Village,

Moonwalk, Parañaque City Tel. #: 260-0037

Email: [email protected]

Readings in Philippine History

Copyright 2019 ISBN 978-621-95942-4-0

Dr. Imelda C. Nery Virgilio V. Dolina

Paul John G. Sion

ALL RIGHTS RESERVED

No portion of this book may be

replicated or reproduced, in any form

(books, pamphlets, outlines or notes)

or by any means (photocopied,

printed, electronic), for distribution or

sale, without the written permission of

the author and the publisher.

ACKNOWLEDGEMENT

This book is because of Him and for His glory. Lord, thank you for

always providing!

We thank Atty. Anna Suzanne C. Nery and Mr. Eugene B. Cruz II for the opportunity to serve the students through this book and for inspiring us to go the extra miles.

Thanks to our families, colleagues, and friends! All your support

has inspired us to finish writing this novel work that is hoped to be useful in the study of the subject.

We recognize the significant contributions of all the authors,

researchers, experts, scholars, and writers of the sources we have used and cited in this work. We hope to eternalize your words and thoughts in this book as your legacy.

To the students and readers of this book, we thank you for your

eagerness to learn from our work and we will appreciate your thoughts about our humble endeavor. Let us not stop learning!

MARAMING SALAMAT PO! Authors

iii

PREFACE

Readings in Philippine History is one of the eight core courses

under the new General Education Curriculum mandated by the

Commission on Higher Education. In this subject, students will not only become readers of the sources of Philippine history but historians,

in a way that they have to examine, understand, analyze and connect what they have read to the present society.

This book presents a number of primary sources which provides

several perspectives regarding a certain past event. It is important that

as students read these materials, they should also be able to examine the authenticity and integrity of the sources. The first part of this book

discusses the methods used in the study to allow students to identify the correct materials in the course of their learning experience.

Through this book, students are expected to understand the

selected readings on its context and content. Primary sources must be

understood as written based on interpretations of the authors with different views, background, and in diverse situations. Hence, students

will have to contemplate and put themselves into the shoes of these writers of history to see what they have seen or experienced in their

time. Understanding the content will require students to accept or reject information, which are deemed irrational and without admissible evidence.

The five chapters of this book are divided into specific lessons

that aim to guide students to analyze the primary sources of Philippine History. The analysis of these materials is hoped to help students not

only to integrate the stories and waive a historical timeline of the events that transpired, but to look into the lessons of these stories and apply them in the current situation of our society.

v

Table of Contents

CHAPTER 1 INTRODUCTION Lesson 1.1 Meaning and Relevance of History ……………………...… 2

Lesson 1.2 Distinction of Primary and Secondary Sources ………… 10 Lesson 1.3 Internal and External Criticism ……………………………. 14

Lesson 1.4 Kinds and Repositories of Primary Sources …………….. 23

CHAPTER 2 CONTENT & CONTEXTUAL ANALYSIS OF PRIMARY RESOURCES Lesson 2.1 First Voyage Around the World by Magellan…..……...… 30

Lesson 2.2 Customs of Tagalogs ………………………………….……… 36 Lesson 2.3 Kartilya ng Katipunan …………….…………………………. 44

Lesson 2.4 Declaration of the Philippine Independence …………….. 47

CHAPTER 3 ONE PAST BUT MANY HISTORIES:

CONTROVERSIES AND CONFLICTING VIEWS IN PHILIPPINE HISTORY Lesson 3.1 Site of the First Mass ……………………………....……...… 55

Lesson 3.2 Cavite Mutiny ………….……………………………….……… 60

Lesson 3.3 Retraction of Rizal …...…………….…………………………. 64 Lesson 3.4 Cry of Balintawak ………………………………...………….. 68

CHAPTER 4 SOCIAL, POLITICAL, ECONOMIC & CULTURAL ISSUES IN PHILIPPINE HISTORY Lesson 4.1 Agrarian Reform Law ……………………………....……...… 73 Lesson 4.2 The Philippine Constitution …..…………………….……… 112

Lesson 4.3 The Power of Taxation …...…………….……………………. 157

CHAPTER 5 CRITICAL EVALUATION and

PROMOTION OF LOCAL AND ORAL HISTORY Lesson 5.1 Philippine Festivals ……………………..………....……...… 175

Lesson 5.2 Philippine Cultural Performances ……...………….……… 179

Lesson 5.3 UNESCO World Heritage Sites in the Country …...……. 183

References 191

vii

Chapter 1

LEARNING OBJECTIVES: At the end of the lesson, the students should be able to :

1. Make a distinction between primary and

secondary sources.

2. Differentiate external criticism from internal criticism.

3. Discuss the repositories of primary sources. 4. Explain the different kinds of primary sources.

INTRODUCTION

CHAPTER ONE: INTRODUCTION 1

MEANING AND RELEVANCE

OF HISTORY

LESSON 1.1

“What is history? An echo of the past in the future; a reflex from the future on the past.” – Victor Hugo

Think of the first thing that comes to your mind when you hear the word history.

Heroes, past events, and historic places are some ideas that you

might have. History is an interesting subject for some, but for a number of students, they may find it boring or irrelevant in relation to their chosen college degree, or even to their lives! Perhaps, one of the

reasons is, not knowing what history really means and not realizing its relevance to one’s life and to a nation’s destiny as well.

As a discipline, Merriam-Webster (2018) defined history as “a

chronological record of significant events (such as those affecting a nation or institution), often including an explanation of their causes.” This definition merely pertains to the events that are significant to an

organization sequentially arranged to tell a coherent story of the past.

However, looking into the etymology of the word, ‘history’ was derived from the Greek word ‘historia,’ which means ‘inquiry or

knowledge acquired by investigation.’ Hence, the subject is not just about knowing which event comes first, but it requires readers to examine every information coming from a source to justify the cause of

a certain event and to identify the reasons for the actions of the personalities involved.

On the other hand, historiography refers to how, what, and why

history is written. It is about the methods and practices used in producing history, the development of history as a discipline, or the philosophy or significance of historical writing.

Encyclopedia Britannica (2017) shortly defines it as the writing of

history based on the critical examination of sources, the selection of particular details from the authentic materials used in those sources,

and the synthesis of the details into a narrative that stands the test of critical examination. The term historiography also refers to the theory and history of historical writing.

2 READINGS IN PHILIPPINE HISTORY

In short, history is the study of past events and historiography is the study of history.

Prehistory and History

In this study, it is important to distinguish what is prehistory, history, and historiography. Prehistory refers to that period where

information of the past were recorded in materials other than written documents, which may not be understood by a historian. These

include artifacts, drawings, paintings, sculptures and any other forms. History covers information derived from largely written records of past

experiences. The prehistory of the Philippines is said to cover the events until 21

April 900 (equivalent in the Proleptic Gregorian Calendar), the date indicated on the Laguna Copperplate Inscription (LCI) – the earliest

written document known in the Philippines today.

The LCI is considered to be the first legal document recorded in the Philippines. It is said to contain the release of the children of Namwaran, the bearers, from their obligation. Below is the original

translation by Antoon Postma in 1991 of the Old Malay inscription in year 822 of the Saka Era, the month of Waisaka, and the fourth day of

the waning moon, which corresponds to Monday, April 21, 900 AD:

Photo taken from https://en.wikipedia.org/wiki/Laguna_Copperplate_Inscription#/media/File:Laguna_Copperplate_Inscription.gif

1. Hail! In the Saka-year 822; the month of March-April; according to the astronomer: the 4th day of the dark half of the moon; on

2. Monday. At that time, Lady Angkatan together with her relative, Bukah by name,


3. the child of His Honor Namwran, was given, as a special favor, a document of full acquittal, by the Chief and Commander of Tundun,

4. the former Leader of Pailah, Jayadewah. To the effect that His Honor Namwran, through the Honorable Scribe

5. was totally cleared of a debt to the amount of 1 kati and 8 suwarna (weight of gold), in the presence of His Honor the Leader of Puliran,

6. Kasumuran; His Honor the Leader of Pailah, namely: Ganasakti;

(and) His Honor the Leader 7. of Binwangan, namely: Bisruta. And (His Honor Namwran) with his

whole family, on orders by the Chief of Dewata, 8. representing the Chief of Mdang, because of his loyalty as a subject

(slave?) of the Chief, therefore all the descendants 9. of His Honor Namwran have been cleared of the whole debt that His

Honor owed the Chief of Dewata. This (document) is (issued) in case

10. there is someone, whosoever, some time in the future, who will state that the debt is not yet acquitted of His Honor…

The LCI was very instrumental in identifying the demarcation line

between the Philippine’s prehistory and history. The later chapters of this Book will present a number of significant written documents which will aid us in understanding the society years ago.

Why study history?

Peter N. Stearns in 1998 has published an article with the

American Historical Association that enumerated the reasons why we should study history. Here are some of his justifications why the subject is worth our attention:

1. History helps us understand people and societies. In the first

place, history offers a storehouse of information about how people and societies behave. Understanding the operations of people and

societies is difficult, though a number of disciplines make an attempt. An exclusive reliance on current data would needlessly handicap our efforts. How can we evaluate war if the nation is at

peace - unless we use historical materials? How can we understand genius, the influence of technological innovation, or

the role that beliefs play in shaping family life, if we do not use what we know about experiences in the past? Some social

scientists attempt to formulate laws or theories about human behavior. But even these recourses depend on historical information, except for in limited, often artificial cases in which

experiments can be devised to determine how people act. Major aspects of a society's operation, like mass elections, missionary

activities, or military alliances, cannot be set up as precise experiments. Consequently, history must serve, however


imperfectly, as our laboratory, and data from the past must serve as our most vital evidence in the unavoidable quest to figure out

why our complex species behaves as it does in societal settings. This, fundamentally, is why we cannot stay away from history: it

offers the only extensive evidential base for the contemplation and analysis of how societies function, and people need to have some sense of how societies function simply to run their own lives.

2. History helps us understand change and how the society we

live in came to be. The second reason history is inescapable as a subject of serious study follows closely on the first. The past

causes the present, and so the future. Any time we try to know why something happened, we have to look for factors that took shape earlier. Sometimes fairly recent history will suffice to

explain a major development, but often we need to look further back to identify the causes of change. Only through studying

history can we grasp how things change; only through history can we begin to comprehend the factors that cause change; and only

through history can we understand what elements of an institution or a society persist despite change.

3. History contributes to moral understanding. History also provides a terrain for moral contemplation. Studying the stories of

individuals and situations in the past allows a student of history to test his or her own moral sense, to hone it against some of the

real complexities individuals have faced in difficult settings. People who have weathered adversity not just in some work of fiction, but in real, historical circumstances can provide

inspiration. "History teaching by example" is one phrase that describes this use of a study of the past - a study not only of

certifiable heroes, the great men and women of history who successfully worked through moral dilemmas, but also of more

ordinary people who provide lessons in courage, diligence, or constructive protest.

4. History provides identity. History also helps provide identity, and this is unquestionably one of the reasons all modern nations

encourage its teaching in some form. Historical data include evidence about how families, groups, institutions and whole

countries were formed and about how they have evolved while retaining cohesion. For many [Filipinos], studying the history of one's own family is the most obvious use of history, for it provides

facts about genealogy and (at a slightly more complex level) a basis for understanding how the family has interacted with larger

historical change. Family identity is established and confirmed.


Many institutions, businesses, communities, and social units, such as ethnic groups in the [Philippines], use history for similar

identity purposes. Merely defining the group in the present pales against the possibility of forming an identity based on a rich past.

And of course nations use identity history as well—and sometimes abuse it. Histories that tell the national story, emphasizing distinctive features of the national experience, are meant to drive

home an understanding of national values and a commitment to national loyalty.

6. Studying History Is Essential for Good Citizenship. A study of

history is essential for good citizenship. This is the most common justification for the place of history in school curricula. Sometimes advocates of citizenship history hope merely to

promote national identity and loyalty through a history spiced by vivid stories and lessons in individual success and morality. But

the importance of history for citizenship goes beyond this narrow goal and can even challenge it at some points.

History that lays the foundation for genuine citizenship returns, in one sense, to the essential uses of the study of the past.

History provides data about the emergence of national institutions, problems, and values—it's the only significant

storehouse of such data available. It offers evidence also about how nations have interacted with other societies, providing

international and comparative perspectives essential for responsible citizenship. Further, studying history helps us understand how recent, current, and prospective changes that

affect the lives of citizens are emerging or may emerge and what causes are involved. More important, studying history encourages

habits of mind that are vital for responsible public behavior, whether as a national or community leader, an informed voter, a

petitioner, or a simple observer.

Moreover, Stern has identified a number of skills that a student may

develop in studying history. These include the following:

1. The ability to assess evidence. The study of history builds experience in dealing with and assessing various kinds of

evidence—the sorts of evidence historians use in shaping the most accurate pictures of the past that they can. Learning how to interpret the statements of past political leaders—one kind of

evidence—helps form the capacity to distinguish between the objective and the self-serving among statements made by

present-day political leaders. Learning how to combine different


kinds of evidence - public statements, private records, numerical data, visual materials - develops the ability to make coherent

arguments based on a variety of data. This skill can also be applied to information encountered in everyday life.

2. The ability to assess conflicting interpretations. Learning

history means gaining some skill in sorting through diverse, often

conflicting interpretations. Understanding how societies work - the central goal of historical study—is inherently imprecise, and

the same certainly holds true for understanding what is going on in the present day. Learning how to identify and evaluate

conflicting interpretations is an essential citizenship skill for which history, as an often-contested laboratory of human experience, provides training. This is one area in which the full

benefits of historical study sometimes clash with the narrower uses of the past to construct identity. Experience in examining

past situations provides a constructively critical sense that can be applied to partisan claims about the glories of national or group

identity. The study of history in no sense undermines loyalty or commitment, but it does teach the need for assessing arguments, and it provides opportunities to engage in debate and achieve

perspective.

3. Experience in assessing past examples of change. Experience in assessing past examples of change is vital to understanding

change in society today - it is an essential skill in what we are regularly told is our "ever-changing world." Analysis of change means developing some capacity for determining the magnitude

and significance of change, for some changes are more fundamental than others. Comparing particular changes to

relevant examples from the past helps students of history develop this capacity. The ability to identify the continuities that always

accompany even the most dramatic changes also comes from studying history, as does the skill to determine probable causes of change. Learning history helps one figure out, for example, if one

main factor - such as a technological innovation or some deliberate new policy - accounts for a change or whether, as is

more commonly the case, a number of factors combine to generate the actual change that occurs.

Clearly, the reasons and skills that one may develop in studying history is not only beneficial for students in schools but to everyone to be

equipped with the right knowledge and reasons for our every actions and decisions to become good and responsible citizens.


WORKSHEET 1.1A

NAME:

SCORE:

YEAR/SECTION:

DATE:

Draw the first thing that comes into your mind

when you hear the word ‘history.’


WORKSHEET 1.1B

NAME:

SCORE:

YEAR/SECTION:

DATE:

Write a short essay on the relevance of studying history

in relation to your course.

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DISTINCTION BETWEEN PRIMARY AND

SECONDARY SOURCES

LESSON 1.2

In the study of history, historians give interpretations of the past by investigating historical sources. No interpretations, however, shall be

accepted unless it is supported by evidence from the examined sources. Historical sources may refer to everything, written or not, that may tell

something about the past. These sources are generally classified into primary and secondary sources.

Primary sources are original records of a certain event by people who have actually experienced or witnessed it. These may include

original works such as letters, legislations, newspaper articles, diaries, interviews, government documents, reports, photographs, literature and

other creative outputs. Secondary sources, on the other hand, are records based on

primary sources. They explain a certain event of the past through evaluation and interpretation of the records created during a historical

period. These may include researches, textbooks, journals, commentaries, biographies, and criticism or reviews of literary and

creative works. To illustrate, if students wish to study the 1987 Constitution, the

primary sources includes the Record of the 1986 Constitutional Commission, proclamations, speeches of the 48 representatives who

collectively drafted the current Constitution, and the text of the Constitution itself. Its secondary sources, on the hand, may include

textbooks, annotations, and published opinions about the Constitution. Primary and secondary sources are both important in studying

history. However, it is preferred that students use primary sources in their analysis and synthesis of the past events. The use of primary

sources is important because of the following reasons:

1. Direct contact with the original records and artifacts invites students to explore the content with active and deeper analysis, and to respond thoughtfully;

2. Critical thinking is developed as students probe the context, purpose, meaning, bias, and perspectives in their analysis of

the past;


3. In the interaction with the various sources from the past, a learn-led inquiry is being fostered;

4. There is a realization that history is a reflection of various perspectives of those who interpret the past events; and

5. It brings back to story to history allowing students to share the author’s perspectives.


WORKSHEET 1.2A

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions:

Name a historical event you wish to study; and

Identify the primary and secondary sources of that historical event.

HISTORICAL EVENT:

_____________________________________________________________________

_____________________________________________________________________

PRIMARY SOURCES:

1.________________________________________________________________

________________________________________________________________

________________________________________________________________

2.________________________________________________________________

________________________________________________________________

________________________________________________________________

SECONDARY SOURCES:

1.________________________________________________________________

________________________________________________________________

________________________________________________________________

2.________________________________________________________________

________________________________________________________________

________________________________________________________________


WORKSHEET 1.2B

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Identify whether the statement is a PRIMARY or

SECONDARY source. Write your answer before each number.

_______________1. You were watching news and the reporter said that

she had heard bad reviews about a new action film. When she talks

about the movie, what is she?

_______________2. You found a letter to one of your classmates in the

room after school yesterday. What is the letter?

_______________3. You and your brother found an old wedding dress in

your archives. Your mother told you that it belonged to your

grandmother. What is the dress?

_______________4. At school you use textbooks to learn about the

history of the Philippines. When you use textbooks, what are you

using?

_______________5. You like to magazines. You love the articles written

by other about airplanes and aviation. When you read these stories,

what are you?

_______________6. You father has audio files of your grandfather

narrating his memorable experience as a pilot. What are you listening

to?

_______________7. When you are working on your assignment about the

Philippine government, you have read about the commentaries of the

Justices in the Supreme Court on landmark cases. What are you

reading?

_______________8. Your friend told you that she will be reading a book

that she really liked. When she talks about the book, what is she?

_______________9. When you were at summer camp last year, you

found an interesting porcelain jar; You researched and found out that

it has been made by the precolonial Chinese traders. What is the jar?

_______________10. You are writing a paper on President Rodrigo Roa

Duterte for your History class. You used articles from an online

encyclopedia and Wikipedia. What are you using?


INTERNAL AND EXTERNAL

CRITICISM

LESSON 1.3

Being able to identify primary sources from secondary sources is

the first step of historical method. Historical method refers to the process of probing primary sources that will be used in writing history.

This includes source criticism which studies the external and internal validity of sources.

According the Gilbert J. Garraghan and Jean Delanglez in 1946, source criticism asks the following questions:

When was the source, written or unwritten, produced?

Where was it produced? By whom was it produced? From what pre-existing material was it produced?

In what original form was it produced? What is the evidential value of its contents?

The first five questions are considered to be part of external

criticism. Historians determine the authenticity of sources by examining the date, locale, creator, analysis and integrity of the historical sources. These information must be consistent with each

other. It means, for example, that the materials used in a source must match the time and place when it was produced.

The last question is treated as internal criticism as it helps the

historians determine the credibility of the source. It studies the content of the source to know its truthfulness. For a source to be valid, its content must be reasonable and historically precise. One should now

rely on a data which is not supported by evidence.

Neuman in 2013 has explained the difference between external and internal criticism in the illustration on the next page.

One of the disputed documents which may illustrate the application of external and internal criticism is the Code of Kalantiaw.

The Code was introduced as written by Datu Kalantiaw of Negros in 1433. However, in a study presented by William Henry Scott, it was

found out to be a hoax – a forgery written by Jose E. Marco in 1913.


Internal and External Criticism (from Neuman, 2003, p.421)

Today, history books no longer include the said Code. But Atty. Cecilio Duka, in 2018, has interestingly provided the 18 articles of the

Code in his book, Struggle for Freedom, to be critically examined by the students and conclude its truthfulness. For similar reasons and to feed

our curiosity here are the said laws:

Article I - Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur the danger of death. All those who

this order shall infringe shall be tied to a stone and drowned in a river or in boiling water.

Article II - Ye shall punctually meet your debt with your headman. He who fulfills not, for the first time shall be lashed

a hundredfold, and If the obligation is great, his hand shall be dipped threefold in boiling water. On conviction, he shall be

flogged to death.

Article III - Obey ye: no one shall have wives that are too young, nor shall they be more than what he can take care of, nor spend much luxury. He who fulfils not, obeys not, shall

be condemned to swim three hours and, for the second time, shall be scourged with spines to death.

Article IV - Observe and obey ye: Let not the peace of the

graves be disturbed; due respect must be accorded them on passing by caves and trees where they are. He who observes not shall die by bites of ants or shall be flogged with spines till

death.

Article V - Obey ye: Exchange in food must be carried out faithfully. He who complies not shall be lashed for an hour.

He who repeats the act shall, for a day be exposed to the ants.


Article VI - Ye shall revere respectable places, trees of known value, and other sites. He shall pay a month's work, in gold or

money, whoever fails to do this; and if twice committed, he shall be declared a slave.

Article VII - They shall die who kill trees of venerable aspect; who at night shoot with arrows the aged men and the women;

he who enters the house of the headman without permission; he who kills a fish or shark or striped crocodile.

Article VIII - They shall be slaves for a given time who steal

away the women of the headmen; he who possesses dogs that bite the headmen; he who burns another man's sown field.

Article IX - They shall be slaves for a given time, who sing in their night errands, kill manual birds, tear documents

belonging to the headmen; who are evil-minded liars; who play with the dead.

Article X - It shall be the obligation of every mother to show her daughter secretly the things that are lascivious, and

prepare them for womanhood; men shall not be cruel to their wives, nor should they punish them when they catch them in

the act of adultery. He who disobeys shall be torn to pieces and thrown to the Caymans.

Article XI - They shall be burned, who by force or cunning have mocked at and eluded punishment, or who have killed

two young boys, or shall try to steal the women of the old men (agurangs).

Article XII - They shall be drowned, all slaves who assault

their superiors or their lords and masters; all those who abuse their luxury; those who kill their anitos by breaking them or throwing them away.

Article XIII - They shall be exposed to the ants for half a day,

who kill a black cat during the new moon or steal things belonging to the headmen.

Article XIV - They shall be slaves for life, who having beautiful

daughters shall deny them to the sons of the headman, or shall hide them in bad faith.


Article XV - Concerning their beliefs and superstitions: they shall be scourged, who eat bad meat of respected insects or

herbs that are supposed to be good; who hurt or kill the young manual bird and the white monkey.

Article XVI - Their fingers shall be cut off, who break wooden or clay idols in their olangangs and places of oblation; he who

breaks Tagalan's daggers for hog killing, or breaks drinking vases.

Article XVII - They shall be killed, who profane places where

sacred objects of their diwatas or headmen are buried. He who gives way to the call of nature at such places shall be burned.

Article XVIII - Those who do not cause these rules to be observed, if they are headmen, shall be stoned and crushed to

death, and if they are old men, shall be placed in rivers to be eaten by sharks and crocodiles.

The Code is just one of the many sources that was included in our former study of the Philippine history and there may be other sources

that are, up until now, accepted but not fully examined. As students of history, the challenge is for us to externally and internally criticize

sources before accepting them as evidence to the history of our past. In addition to the questions of Garraghan and Delanglez,

historians also have presented the following principles of source criticism for determining reliability (Olden-Jørgensen, 1998 and

Thurén, 1997):

Human sources may be relics such as a fingerprint; or narratives such as a statement or a letter. Relics are more credible sources than narratives.

Any given source may be forged or corrupted. Strong

indications of the originality of the source increase its

reliability. The closer a source is to the event which it purports to

describe, the more one can trust it to give an accurate historical description of what actually happened. A primary source is more reliable than a secondary

source, which is more reliable than a tertiary source, and so on.

If a number of independent sources contain the same message, the credibility of the message is strongly


increased. The tendency of a source is its motivation for providing

some kind of bias. Tendencies should be minimized or supplemented with opposite motivations.

If it can be demonstrated that the witness or source has no direct interest in creating bias then the credibility of the message is increased.

What if there are two or more sources to prove a certain historical event? Bernheim (1889) and Langlois & Seignobos (1898) have

presented the following procedures to examine contradictory sources:

1. If the sources all agree about an event, historians can consider the event proved;

2. However, majority does not rule; even if most sources relate

events in one way, that version will not prevail unless it passes the test of critical textual analysis;

3. The source whose account can be confirmed by reference to outside authorities in some of its parts can be trusted in its

entirety if it is impossible similarly to confirm the entire text; 4. When two sources disagree on a particular point, the historian

will prefer the source with most "authority"—that is the source

created by the expert or by the eyewitness; 5. Eyewitnesses are, in general, to be preferred especially in

circumstances where the ordinary observer could have accurately reported what transpired and, more specifically,

when they deal with facts known by most contemporaries; 6. If two independently created sources agree on a matter, the

reliability of each is measurably enhanced;

7. When two sources disagree and there is no other means of evaluation, then historians take the source which seems to

accord best with common sense.

Primary sources are mostly accounts of eyewitnesses. As proposed above, they are generally preferred. In history, however, one should not immediately accept statements of an eyewitness without evaluation. RJ

Shafer had suggested that we ask the following questions:

Is the real meaning of the statement different from its literal meaning? Are words used in senses not employed today? Is the

statement meant to be ironic (i.e., mean other than it says)? How well could the author observe the thing he reports? Were his

senses equal to the observation? Was his physical location suitable


to sight, hearing, touch? Did he have the proper social ability to observe: did he understand the language, have other expertise

required (e.g., law, military); was he not being intimidated by his wife or the secret police?

How did the author report and what was his ability to do so?

Regarding his ability to report, was he biased? Did he have

proper time for reporting? Proper place for reporting? Adequate recording instruments?

When did he report in relation to his observation? Soon? Much later? Fifty years is much later as most eyewitnesses

are dead and those who remain may have forgotten relevant material.

What was the author's intention in reporting? For whom did

he report? Would that audience be likely to require or suggest distortion to the author?

Are there additional clues to intended veracity? Was he indifferent on the subject reported, thus probably not

intending distortion? Did he make statements damaging to himself, thus probably not seeking to distort? Did he give incidental or casual information, almost certainly not

intended to mislead?

Do his statements seem inherently improbable: e.g., contrary to human nature, or in conflict with what we know?

Remember that some types of information are easier to observe and

report on than others.

Are there inner contradictions in the document?

In some cases when there is no primary source available to confirm

the happening of one event or history, indirect eyewitnesses or secondary sources may be inquired from. In these cases, Gottschalk has suggested to ask the following:

1. From whose primary testimony does the secondary witness base

his statements? 2. Did the secondary witness accurately report the primary

testimony as a whole? 3. If not, in what details did he accurately report the primary

testimony?

Having reasonable answers from these questions will give the

historian a source, which may be considered original and reliable.


Historians may also look into oral traditions as a source of history. These traditions, however, may only be accepted if they satisfy

the following conditions: 1. Broad conditions:

a. The tradition should be supported by an unbroken series of witnesses, reaching from the immediate and first reporter of the fact to the living mediate witness from whom we take it

from, or to the one who was the first to commit it to writing.

b. There should be several parallel and independent series of witnesses testifying to the fact in question.

2. Particular conditions:

a. The tradition must report a public event of importance, such

as would necessarily be known directly to a great number of persons.

b. The tradition must have been generally believed, at least for definite period of time.

c. During that definite period it must have gone without

protest, even from persons interested in denying it.

d. The tradition must be one of relatively limited duration

(Elsewhere, Garraghan suggests a maximum limit of 150 years, at least in cultures that excel in oral remembrance)

e. The critical spirit must have been sufficiently developed while the tradition lasted, and the necessary means of critical

investigation must have been at hand.

f. Critical-minded persons who would surely have challenged the tradition – had they considered it false – must have made

no such challenge.

Other traditions may also be proven by presentation of

comparable evidence such as archeological records or remains.

The guidelines presented above may help in the examination of sources, which may be accepted in writing history. These should be

coupled by further assessments using proper historical reasoning.


WORKSHEET 1.3A

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Provide a primary source in Philippine history and answer

the following questions on source criticism.

PRIMARY SOURCE:

_____________________________________________________________________

_____________________________________________________________________

SOURCE CRITICISM:

1. When was the source, written or unwritten, produced?

_____________________________________________________________________

_____________________________________________________________________

2. Where was it produced?

_____________________________________________________________________

_____________________________________________________________________

3. By whom was it produced?

_____________________________________________________________________

_____________________________________________________________________

4. From what pre-existing material was it produced?

_____________________________________________________________________

_____________________________________________________________________

5. In what original form was it produced?

_____________________________________________________________________

_____________________________________________________________________

6. What is the evidential value of its contents?

_____________________________________________________________________

_____________________________________________________________________


WORKSHEET 1.3B

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: The following are lesser known controversies published by

filipiknow.net entitled “10 Mind-Blowing Controversies of Philippine

History.”

Read the online article at filipiknow.net/historical-controversies-

philippines and study the sources being presented in each controversy.

Check whether or not you agree to the following statements based on

your examination of sources.

CONTROVERSIES AGREE DISAGREE

1. We already had an excellent public

school system before the Americans came.

__________

__________

2. Jose Rizal disliked the Chinese.

__________ __________

3. Jose Burgos was framed for the

Cavite mutiny.

__________

__________

4. The Americans used pigs’ blood and

body parts on Moro insurgents.

__________

__________

5. The Jabidah Massacre never

happened.

__________ __________

6. A Filipino helped found Los Angeles.

__________ __________

7. Gregorio del Pilar was Aguinaldo’s

assassin.

__________

__________

8. Bonifacio ‘acted like a king’ in

Cavite.

__________ __________

9. Miguel Malvar, not Manuel Quezon,

should be the second Philippine President.

__________

__________

10. An ancient family owns the entire

Philippines.

__________

__________


KINDS AND REPOSITORIES

OF PRIMARY RESOURCES

LESSON 1.4

Establishing the reliability of primary sources is vital in studying

history. As students, it is equally important for one to identify the

various kinds of primary sources as used in different avenues. This

lesson presents the classification of primary sources and the obtainability of each.

Primary sources may be published or unpublished documents. Published documents are those that are intended for public

distribution or use. Newspapers, magazines, books, reports, government documents, laws, court decisions, literary works, posters, maps, and

advertisements are some of the examples. The fact that these documents are published does not mean that they are reliable, accurate, or truthful. The readers must comprehend not just the

substance of the document but also the background of the author, as it may be written based on the author’s perspective.

Documents such as diaries, journals, letters, wills, and other

personal papers that are not published may be used as primary sources. Unpublished documents, unlike published ones, may be difficult to locate as they are kept in private and hence, may not be

easily accessed by the public. These documents are also confidential and are restricted from public use like personal letters, which are in the

possession of the recipients.

Primary sources may also be unwritten. These may include oral traditions, oral histories, artworks, and artifacts. Traditions and histories or stories transferred through generations may tell us

something about the past. Accepted as primary sources of this kind are those that come from people who have actually witnessed or

experienced the past events. Personal or first-hand knowledge is necessary in considering these sources as primary. Although some oral

traditions (from some cultures) that are still unwritten up to date may be used in writing history, it is essential that that their reliability is properly evaluated.

Other unwritten sources include artworks and artifacts. These are visual documents that tell us several views of the past from the

perspectives of creators. Drawings, paintings, sculptures, photographs,


and artifacts are some of the visual documents that may have captured historic moments and provide evidence to changes that happened over

time.

Knowing the type of primary source helps in identifying its repository. Written documents may be found in libraries or archives while unwritten documents may be stored in museums and galleries.

Primary sources of Philippine history are placed in several

repositories around the country. Some of these places are the National Archives, National Library, the National Museums, and other local

government repositories. The National Archives of the Philippines

Organized under Republic Act No. 9470 passed on May 21, 2007, the National Archives of the Philippines (NAP) was established to store,

preserve, conserve, and make available to the public the records, papers, periodicals, books or other items, articles or materials, that

have been selected for permanent reservation. These materials may be in the form of electronic, audio-visual or print, which by their nature and characteristics have enduring value.

The NAP is holding about 60,000,000 archival documents with Spanish Collection comprising an estimated 13,000,000 manuscripts

from the 16th to 19th Century with 400 titles on various aspects of Philippine history under the a) Spanish rule such as royal decrees of

Spanish monarchs, reports of Spanish governors-general, documents on Filipino uprisings, records of different provinces and pueblos, royal titles on lands and landed estates, pastoral letters of the clergy, papers on

churches and convents, maps and architectural plans of buildings and houses, civil records like birth, marriages and death; b) American and

Japanese occupation records including Philippine National Guard records, civil service rosters, war trials; and c) recent records

composed of notarial documents, registers, civil service records, and 1,000 cubic meter of inactive records of national/local governments, including those of abolished, transferred or merged offices.

The National Library of the Philippines

The National Library of the Philippines (NLP) is the repository of the printed and recorded cultural heritage of the country and other

intellectual, literary and information sources. It was established by a royal decree on 12 August 1887 and named as the Museo-Biblioteca de Filipinas. Its mission is to acquire, organize, conserve, and preserve

Filipiniana materials and provide equitable access to library resources through a system of public libraries throughout the country.

The NLP has one of the largest collections of materials in various


forms in the country covering around 1.6 million books, manuscripts, newspapers, theses and dissertations, government publications, maps,

and photographs. Some of the valuable pieces it holds are Rizal’s novels, including the unfinished novels, and the Philippine Declaration of

Independence which are all kept in a special vault. The National Museum of the Philippines

As an educational, scientific, and cultural institution, the National Museum (NM) operates the National Museum of Fine Arts, National

Museum of Anthropology, National Museum of Natural History, National Planetarium and other branch museums around the country. Its

collection covers fine arts, archeology, ethnography, and natural history.


WORKSHEET 1.4A

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Give at least two examples of primary resources of

Philippine history under each type.

PUBLISHED DOCUMENTS:

_____________________________________________________________________

_____________________________________________________________________

UNPUBLISHED DOCUMENTS:

_____________________________________________________________________

_____________________________________________________________________

ORAL TRADITIONS/ORAL HISTORIES:

_____________________________________________________________________

_____________________________________________________________________

ARTWORKS:

_____________________________________________________________________

_____________________________________________________________________

ARTIFACTS:

_____________________________________________________________________

_____________________________________________________________________


WORKSHEET 1.4B

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Provide the address and contact details of the following repositories, and name two primary sources which may found in them.

The National Archives of the Philippines

Address: _____________________________________________________________________

Contact details: _____________________________________________________________________

Primary Sources:

_____________________________________________________________________

_____________________________________________________________________

The National Library of the Philippines

Address: _____________________________________________________________________

Contact details: _____________________________________________________________________

Primary Sources:

_____________________________________________________________________

_____________________________________________________________________

The National Museum of the Philippines

Address: _____________________________________________________________________

Contact details:

_____________________________________________________________________ Primary Sources:

_____________________________________________________________________

_____________________________________________________________________



1. Analyze the context, content, and perspective of

the different kinds of primary sources. 2. Identify the historical importance of the historical

texts. 3. Develop critical and analytical skills from one’s

exposure to primary sources.

4. Examine the author’s main argument and point of view.

CONTENT AND CONTEXTUAL ANALYSIS

OF SELECTED PRIMARY RESOURCES


Chapter 2

The next two chapters of this book will present selected readings about Philippine history. After each selection, students will

be asked to analyze its context and content in accordance with CMO No. 20, series of 2013, which states that context analysis

discusses (a) the historical context of the source [time and place it was written and the situation at the time], (b) the author’s background, intent (to the extent discernable), and authority on the

subject; and (c) the source’s relevance and meaning today. On the other hand, content analysis various on the kind of source. The

students will have to identify the author’s main argument of thesis, compare points of view, identify biases, and evaluate the author’s

claim based on the pieces of evidence presented or other available evidence at the time.

Students will also be asked to prepare a source analysis and source summary using the format provided in the worksheets.

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS 29

FIRST VOYAGE AROUND THE WORLD

BY MAGELLAN

LESSON 2.1

Translated from the accounts of Antonio Pigafetta accompanied by original documents, with notes and introduction by Lord Stanley of Alderley.

Saturday, the 16th of March, 1521, we arrived at daybreak in sight

of a high island, three hundred leagues distant from the before-mentioned Thieves' island. This isle is named Zamal. The next day the captain-general

wished to land at another uninhabited island near the first, to be in greater

security and to take water, also to repose there a few days. He set up there

two tents on shore for the sick, and had a sow killed for them. Monday, the 18th of March, after dinner, we saw a boat come

towards us with nine men in it: upon which the captain-general ordered

that no one should move or speak without his permission. When these people had come into this island towards us, immediately the principal one

amongst them went towards the captain-general with demonstrations of

being very joyous at our arrival. Five of the most showy of them remained with us, the others who remained with the boat went to call some men who

were fishing, and afterwards all of them came together. The captain seeing

that these people were reasonable, ordered food and drink to be given them, and he gave them some red caps, looking glasses, combs, bells,

ivory, and other things. When these people saw the politeness of the

captain, they presented some fish, and a vessel of palm wine, which they

call in their language Uraca; figs more than a foot long, and others smaller and of a better savour, and two cochos. At that time, they had nothing to

give him, and they made signs to us with their hands that in four days,

they would bring us Umai, which is rice, cocos, and many other victuals. To explain the kind of fruits above-named it must be known that the

one which they call cochi, is the fruit which the palm trees bear. And as we

have bread, wine, oil, and vinegar, proceeding from different kinds, so these

people have those things proceeding from these palm trees only. It must be said that wine proceeds from the said palm trees in the following manner.

They make a hole at the summit of the tree as far as its heart, which is

named palmito, from which a liquor comes out in drops down the tree, like white must, which is sweet, but with somewhat of bitter. They have canes as

thick as the leg, in which they draw off this liquor, and they fasten them to

the tree from the evening till next morning, and from the morning to the evening, because this liquor comes little by little. This palm produces a fruit

named cocho, which is as large as the head, or thereabouts: its first husk is

green, and two fingers in thickness, in it they find certain threads, with

which they make the cords for fastening their boats. Under this husk, there is another very hard, and thicker than that of a walnut. They burn this

second rind, and make with it a powder which is useful to them. Under this

rind, there is a white marrow of a finger's thickness, which they eat fresh with meat and fish, as we do bread, and it has the taste of an almond, and if

anyone dried it he might make bread of it. From the middle of this marrow

there comes out a clear sweet water, and very cordial, which, when it has rested a little, and settled, congeals and becomes like an apple.


When they wish to make oil, they take this fruit, the coco, and let it

rot, then they corrupt this marrow in the water, then they boil it, and it becomes oil in the manner of butter. When they want to make vinegar,

they let the water in the cocoa-nut get bad, and they put it in the sun,

when it turns to vinegar like white wine. From this fruit milk also can be

made, as we experienced, for we scraped this marrow and then put it with its water, and passed it through a cloth, and thus it was milk like that of

goats. This kind of palm tree is like the date-palm, but not so rugged. Two

of these trees can maintain a family of ten persons: but they do not draw wine as above-mentioned always from one tree, but draw from one for eight

days, and from the other as long. For if they did not, otherwise the trees

would dry up. In this manner they last a hundred years. These people became very familiar and friendly with us, and

explained many things to us in their language, and told us the names of

some islands, which we saw with our eyes before us. The island where they dwelt is called Zuluam, and it is not large. As they were sufficiently

agreeable and conversable, we had great pleasure with them. The captain

seeing that they were of this good condition, to do them greater honor

conducted them to the ship, and showed them all his goods, that is to say, cloves, cinnamon, pepper, ginger, nutmeg, mace, gold and all that was in

the ship. He also had some shots fired with his artillery, at which they

were so much afraid that they wished to jump from the ship into the sea. They made signs that the things, which the captain had shown them, grew

where we were going. When they wished to leave us, they took leave of the

captain and of us with very good manners and gracefulness, promising us to come back to see us. The island we were at was named Humunu;

nevertheless because we found there two springs of very fresh water we

named it the Watering Place of good signs, and because we found here the first signs of gold. There is much white coral to be found here, and large

trees which bear fruit smaller than an almond, and which are like pines.

There were also many palm trees both good and bad. In this place there

were many circumjacent islands, on which account we named them the archipelago of St. Lazarus, because we stayed there on the day and feast

of St. Lazarus. This region and archipelago is in ten degrees north latitude,

and a hundred and sixty-one degrees longitude from the line of demarcation.

Friday, the 22nd of March, the above-mentioned people, who had

promised us to return, came about midday, with two boats laden with the said fruit cochi, sweet oranges, a vessel of palm wine, and a cock, to give

us to understand that they had poultry in their country, so that we bought

all that they brought. The lord of these people was old, and had his face painted, and had gold rings suspended to his ears, which they name

Schione, and the others had many bracelets and rings of gold on their

arms, with a wrapper of linen round their head. We remained at this place

eight days: the captain went there every day to see his sick men, whom he had placed on this island to refresh them: and he gave them himself every

day the water of this said fruit the cocho, which comforted them much.

Near this isle is another where there are a kind of people who wear holes in their ears so large that they can pass their arms through them; these

people are Caphre, that is to say, Gentiles, and they go naked, except that

round their middles they wear cloth made of the bark of trees. But there are some of the more remarkable of them who wear cotton stuff, and at the

end of it there is some work of silk done with a needle. These people are

tawny, fat, and painted, and they anoint themselves with the oil of


coconuts and sesame, to preserve them from the sun and the wind. Their

hair is very black and long, reaching to the waist, and they carry small daggers and knives, ornamented with gold, and many other things, such

as darts, harpoons, and nets to fish, like........., and their boats are like

ours.

The Monday of Passion week, the 25th of March, and feast of our Lady, in the afternoon, and being ready to depart from this place, I went to

the side of our ship to fish. And putting my feet on a spar to go down to the

store room, my feet slipped because it had rained, and I fell into the sea without any one seeing me. Being near drowning by luck I found at my left

hand the sheet of the large sail which was in the sea. I caught hold of it

and began to cry out till they came to help and pick me up with the boat. I was assisted not by my merits, but by the mercy and grace of the fountain

of pity. That same day, we took the course between west and southwest,

and passed amidst four small islands, that is to say, Cenalo, Huinanghar, Ibusson, and Abarien.

Thursday, the 28th of March, having seen the night before fire upon

an island, at the morning we came to anchor at this island; where we saw

a small boat which they call Boloto, with eight men inside, which approached the ship of the captain-general. Then a slave of the captain's,

who was from Sumatra, otherwise named Traprobana, spoke from afar to

these people, who understood his talk, and came near to the side of the ship, but they withdrew immediately, and would not enter the ship from

fear of us. So the captain seeing that they would not trust to us showed

them a red cap, and other things, which he had tied and placed on a little plank, and the people in the boat took them immediately and joyously, and

then returned to advise their king. Two hours afterwards, or thereabouts,

we saw come two long boats, which they call Ballanghai, full of men. In the largest of them was their king sitting under an awning of mats; when

they were near the ship of the captain-general, the said slave spoke to the

king, who understood him well, because in these countries the kings know

more languages than the common people. Then the king ordered some of his people to go to the captain's ship, whilst he would not move from his

boat, which was near enough to us. This was done, and when his people

returned to the boat, he went away at once. The captain gave good entertainment to the men who came to his ship, and gave them all sorts of

things, on which account the king wished to give the captain a rather large

bar of solid gold, and a chest full of ginger. However, the captain thanked him very much but would not accept the present. After that, when it was

late, we went with the ships near to the houses and abode of the king.

The next day was Good Friday. The captain sent on shore the before-mentioned slave, who was our interpreter, to the king to beg him to

give him for money some provisions for his ships, sending him word that

he had not come to his country as an enemy, but as a friend. The king on

hearing this came with seven or eight men in a boat, and entered the ship, and embraced the captain, and gave him three china dishes covered with

leaves full of rice, and two dorades, which are rather large fish, and of the

sort above-mentioned, and he gave him several other things. The captain gave this king a robe of red and yellow cloth, made in the Turkish fashion,

and a very fine red cap, and to his people he gave to some of them knives,

and to others mirrors. After that refreshments were served up to them. The captain told the king, through the said interpreter, that he wished to be

with him, cassi cassi, that is to say, brothers. To which the king answered

that he desired to be the same towards him. After that the captain showed


him cloths of different colours, linen, coral, and much other merchandise,

and all the artillery, of which he had some pieces fired before him, at which the king was much astonished; after that the captain had one of his

soldiers armed with white armour, and placed him in the midst of three

comrades, who struck him with swords and daggers. The king thought this

very strange, and the captain told him, through the interpreter, that a man thus in white armour was worth a hundred of his men; he answered that it

was true; he was further informed that there were in each ship two

hundred like that man. After that the captain showed him a great number of swords, cuirasses, and helmets, and made two of the men play with

their swords before the king; he then showed him the sea chart and the

ship compass, and informed him how he had found the strait to come there, and of the time which he had spent in coming; also of the time he

had been without seeing any land, at which the king was astonished. At

the end the captain asked if he would be pleased that two of his people should go with him to the places where they lived, to see some of

the things of his country. This the king granted, and I went with another.

When I had landed, the king raised his hands to the sky, and turned

to us two, and we did the same as he did; after that he took me by the hand, and one of his principal people took my companion, and led us

under a place covered with canes, where there was a ballanghai, that is to

say, a boat, eighty feet long or thereabouts, resembling a fusta. We sat with the king upon its poop, always conversing with him by signs, and his

people stood up around us, with their swords, spears, and bucklers. Then

the king ordered to be brought a dish of pig's flesh and wine. Their fashion of drinking is in this wise, they first raise their hands to heaven, then take

the drinking vessel in their right hand, and extend the left hand closed

towards the people. This the king did, and presented to me his fist, so that I thought that he wanted to strike me; I did the same thing towards him;

so with this ceremony, and other signs of friendship, we banqueted, and

afterwards supped with him.


WORKSHEET 2.1A

NAME:

SCORE:

YEAR/SECTION:

DATE:

SOURCE ANALYSIS

Title of Source:

_____________________________________________________________________

Type of Primary Source:

_____________________________________________________________________

What do you know about the author that may shape his/her

perspective?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Who is the intended audience of the primary source?

_____________________________________________________________________

_____________________________________________________________________

Where and when was the primary source published or created?

_____________________________________________________________________

_____________________________________________________________________

Describe the historical context. What was happening during this event

or time period?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________


WORKSHEET 2.1B

NAME:

SCORE:

YEAR/SECTION:

DATE:

SOURCE SUMMARY

________________________________________________________________

(title of the source)

suggest/shows that

________________________________________________________________

(the author)

thought/did/had

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

(author’s sentiment about the historical event or time period)

because

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

(cite specific evidence in the reading as supporting details)


CUSTOMS OF THE

TAGALOGS

LESSON 2.2

From the Two Relations by Juan de Plasencia, O.S.F.

After receiving your Lordship's letter, I wished to reply immediately;

but I postponed my answer in order that I might first thoroughly inform myself in regard to your request, and to avoid discussing the conflicting

reports of the Indians, who are wont to tell what suits their purpose.

Therefore, to this end, I collected Indians from different districts - old men,

and those of most capacity, all known to me; and from them I have obtained the simple truth, after weeding out much foolishness, in regard to

their government, administration of justice, inheritances, slaves, and

dowries. It is as follows:

Customs of the Tagalogs

This people always had chiefs, called by them datos, who governed them and were captains in their wars, and whom they obeyed and

reverenced. The subject who committed any offense against them, or spoke

but a word to their wives and children, was severely punished. These chiefs ruled over but few people; sometimes as many as a

hundred houses, sometimes even less than thirty. This tribal gathering is

called in Tagalo a barangay. It was inferred that the reason for giving

themselves this name arose from the fact (as they are classed, by their language, among the Malay nations) that when they came to this land, the

head of the barangay, which is a boat, thus called—as is discussed at

length in the first chapter of the first ten chapters—became a dato. And so, even at the present day, it is ascertained that this barangay in its origin

was a family of parents and children, relations and slaves. There were

many of these barangays in each town, or, at least, on account of wars, they did not settle far from one another. They were not, however, subject to

one another, except in friendship and relationship. The chieves, in their

various wars, helped one another with their respective barangays. In addition to the chiefs, who corresponded to our knights, there

were three castes: nobles, commoners, and slaves. The nobles were the free

-born whom they call maharlica. They did not pay tax or tribute to the

dato, but must accompany him in war, at their own expense. The chief offered them beforehand a feast, and afterward they divided the spoils.

Moreover, when the dato went upon the water those whom he summoned

rowed for him. If he built a house, they helped him, and had to be fed for it. The same was true when the whole barangay went to clear up his lands

for tillage. The lands which they inhabited were divided among the whole

barangay, especially the irrigated portion, and thus each one knew his own. No one belonging to another barangay would cultivate them unless

after purchase or inheritance. The lands on the tingues, or mountain-

ridges, are not divided, but owned in common by the barangay. Consequently, at the time of the rice harvest, any individual of any

particular barangay, although he may have come from some other village,


if he commences to clear any land may sow it, and no one can compel him

to abandon it. There are some villages (as, for example, Pila de la Laguna) in which these nobles, or maharlicas, paid annually to the dato a hundred

gantas of rice. The reason for this was, at the time of their settlement,

another chief occupied the lands, which the new chief, upon his arrival,

bought with his own gold; and therefore the members of his barangay paid him for the arable land, and he divided it, among those whom he saw fit to

reward. But now, since the advent of the Spaniards, it is not so divided.

The chieves in the villages had also fisheries, with established limits, and sections of the rivers for markets. At these, no one could fish,

or trade in the markets, without paying for the privilege, unless he

belonged to the chief's barangay or village. The commoners are called aliping namamahay. They are married,

and serve their master, whether he be a dato or not, with half of their

cultivated lands, as was agreed upon in the beginning. They accompanied him whenever he went beyond the island, and rowed for him. They live in

their own houses, and are lords of their property and gold. Their children

inherit it, and enjoy their property and lands. The children, then, enjoy the

rank of their fathers, and they cannot be made slaves (sa guiguilir) nor can either parents or children be sold. If they should fall by inheritance

into the hands of a son of their master who was going to dwell in another

village, they could not be taken from their own village and carried with him; but they would remain in their native village, doing service there and

cultivating the sowed lands.

The slaves are called aliping sa guiguilir. They serve their master in his house and on his cultivated lands, and may be sold. The master

grants them, should he see fit, and providing that he has profited through

their industry, a portion of their harvests, so that they may work faithfully. For these reasons, servants who are born in the house of their master are

rarely, if ever, sold. That is the lot of captives in war, and of those brought

up in the harvest fields.

Those to whom a debt was owed transferred the debt to another, thereby themselves making a profit, and reducing the wretched debtors to

a slavery which was not their natural lot. If any person among those who

were made slaves (sa guiguilir)—through war, by the trade of goldsmith, or otherwise—happened to possess any gold beyond the sum that he had to

give his master, he ransomed himself, becoming thus a namamahay, or

what we call a commoner. The price of this ransom was never less than five taels, and from that upwards; and if he gave ten or more taels, as they

might agree, he became wholly free. An amusing ceremony accompanied

this custom. After having divided all the trinkets which the slave possessed, if he maintained a house of his own, they divided even the pots

and jars, and if an odd one of these remained, they broke it; and if a piece

of cloth were left, they parted it in the middle.

The difference between the aliping namamahay and the aliping sa guiguilir, should be noted; for, by a confusion of the two terms, many have

been classed as slaves who really are not. The Indians seeing that the

alcaldes-mayor do not understand this, have adopted the custom of taking away the children of the aliping namamahay, making use of them as they

would of the aliping sa guiguilir, as servants in their households, which is

illegal, and if the aliping namamahay should appeal to justice, it is proved

that he is an aliping as well as his father and mother before him and no reservation is made as to whether he is aliping namamahay or atiping sa guiguilir. He is at once considered an alipin, without further declaration. In


this way he becomes a sa guiguilir, and is even sold. Consequently, the

alcaldes-mayor should be instructed to ascertain, when anyone asks for

his alipin, to which class he belongs, and to have the answer put in the document that they give him.

In these three classes, those who are maharlicas on both the

father's and mother's side continue to be so forever; and if it happens that they should become slaves, it is through marriage, as I shall soon explain.

If these maharlicas had children among their slaves, the children and their

mothers became free; if one of them had children by the slave-woman of another, she was compelled, when pregnant, to give her master half of a

gold tael, because of her risk of death, and for her inability to labor during

the pregnancy. In such a case half of the child was free - namely, the half

belonging to the father, who supplied the child with food. If he did not do this, he showed that he did not recognize him as his child, in which case

the latter was wholly a slave. If a free woman had children by a slave, they

were all free, provided he were not her husband. If two persons married, of whom one was a maharlica and the other

a slave, whether namamahay or sa guiguilir, the children were divided: the

first, whether male or female, belonged to the father, as did the third and fifth; the second, the fourth, and the sixth fell to the mother, and so on. In

this manner, if the father were free, all those who belonged to him were

free; if he were a slave, all those who belonged to him were slaves; and the

same applied to the mother. If there should not be more than one child he was half free and half slave. The only question here concerned the division,

whether the child were male or female. Those who became slaves fell under

the category of servitude which was their parent's, either namamahay or sa guiguilir. If there were an odd number of children, the odd one was half

free and half slave. I have not been able to ascertain with any certainty

when or at what age the division of children was made, for each one suited himself in this respect. Of these two kinds of slaves the sa guiguilir could

be sold, but not the namamahay and their children, nor could they be

transferred. However, they could be transferred from the barangay by in-heritance, provided they remained in the same village.

The maharlicas could not, after marriage, move from one village to

another, or from one barangay to another, without paying a certain fine in

gold, as arranged among them. This fine was larger or smaller according to the inclination of the different villages, running from one to three taels and

a banquet to the entire barangay. Failure to pay the fine might result in a

war between the barangay which the person left and the one which he en-tered. This applied equally to men and women, except that when one mar-

ried a woman of another village, the children were afterwards divided

equally between the two barangays. This arrangement kept them obedient to the dato, or chief, which is no longer the case—because, if the dato is

energetic and commands what the religious fathers enjoin him, they soon

leave him and go to other villages and other datos, who endure and protect them and do not order them about. This is the kind of dato that they now

prefer, not him who has the spirit to command. There is a great need of

reform in this, for the chiefs are spiritless and faint-hearted.

Investigations made and sentences passed by the dato must take place in the presence of those of his barangay. If any of the litigants felt

himself aggrieved, an arbiter was unanimously named from another village

or barangay, whether he were a dato or not; since they had for this purpose some persons, known as fair and just men, who were said to give

true judgment according to their customs. If the controversy lay between


chieves, when they wished to avoid war, they also convoked judges to act

as arbiters; they did the same if the disputants belonged to two different barangays. In this ceremony they always had to drink, the plaintiff inviting

the others.

They had laws by which they condemned to death a man of low

birth who insulted the daughter or wife of a chief; likewise witches, and others of the same class.

They condemned no one to slavery, unless he merited the

death-penalty. As for the witches, they killed them, and their children and accomplices became slaves of the chief, after he had made some

recompense to the injured person. All other offenses were punished by

fines in gold, which, if not paid with promptness, exposed the culprit to serve, until the payment should be made, the person aggrieved, to whom

the money was to be paid. This was done in the following way: Half the

cultivated lands and all their produce belonged to the master. The master provided the culprit with food and clothing, thus enslaving the culprit and

his children until such time as he might amass enough money to pay the

fine. If the father should by chance pay his debt, the master then claimed

that he had fed and clothed his children, and should be paid therefor. In this way he kept possession of the children if the payment could not be

met. This last was usually the case, and they remained slaves. If the

culprit had some relative or friend who paid for him, he was obliged to render the latter half his service until he was paid - not, however, service

within the house as aliping sa guiguilir, but living independently, as

aliping namamahay. If the creditor were not served in this wise, the culprit had to pay the double of what was lent him. In this way slaves were made

by debt: either sa guiguilir, if they served the master to whom the

judgment applied; or aliping namamahay, if they served the person who lent them wherewith to pay.

In what concerns loans, there was formerly, and is today, an excess

of usury, which is a great hindrance to baptism as well as to confession;

for it turns out in the same way as I have showed in the case of the one under judgment, who gives half of his cultivated lands and profits until he

pays the debt. The debtor is condemned to a life of toil; and thus borrowers

become slaves, and after the death of the father the children pay the debt. Not doing so, double the amount must be paid. This system should and

can be reformed.

As for inheritances, the legitimate children of a father and mother inherited equally, except in the case where the father and mother showed a

slight partiality by such gifts as two or three gold taels, or perhaps a jewel.

When the parents gave a dowry to any son, and, when, in order to marry him to a chief's daughter, the dowry was greater than the sum given

the other sons, the excess was not counted in the whole property to be

divided. But any other thing that should have been given to any son,

though it might be for some necessity, was taken into consideration at the time of the partition of the property, unless the parents should declare that

such a bestowal was made outside of the inheritance. If one had had

children by two or more legitimate wives, each child received the inheritance and dowry of his mother, with its increase, and that share of

his father's estate which fell to him out of the whole. If a man had a child

by one of his slaves, as well as legitimate children, the former had no share in the inheritance; but the legitimate children were bound to free the

mother, and to give him something - a tael or a slave, if the father were a

chief; or if, finally, anything else were given it was by the unanimous


consent of all. If besides his legitimate children, he had also some son by a

free unmarried woman, to whom a dowry was given but who was not considered as a real wife, all these were classed as natural children,

although the child by the unmarried woman should have been begotten

after his marriage. Such children did not inherit equally with the legitimate

children, but only the third part. For example, if there were two children, the legitimate one had two parts, and the one of the inaasava one part.

When there were no children by a legitimate wife, but only children by an

unmarried woman, or inaasava, the latter inherited all. If he had a child by a slave woman, that child received his share as above stated. If there were

no legitimate or natural child, or a child by an inaasava, whether there was

a son of a slave woman or not, the inheritance went only to the father or grandparents, brothers, or nearest relatives of the deceased, who gave to

the slave-child as above stated.

In the case of a child by a free married woman, born while she was

married, if the husband punished the adulterer this was considered a dowry; and the child entered with the others into partition in the

inheritance. His share equaled the part left by the father, nothing more. If

there were no other sons than he, the children and the nearest relatives inherited equally with him. But if the adulterer were not punished by the

husband of the woman who had the child, the latter was not considered as

his child, nor did he inherit anything. It should be noticed that the offender was not considered dishonored by the punishment inflicted, nor

did the husband leave the woman. By the punishment of the father the

child was fittingly made legitimate. Adopted children, of whom there are many among them, inherit the

double of what was paid for their adoption. For example, if one gold tael

was given that he might be adopted when the first father died, the child was given [in inheritance] two taels. But if this child should die first, his

children do not inherit from the second father, for the arrangement stops

at that point.

This is the danger to which his money is exposed, as well as his being protected as a child. On this account this manner of adoption

common among them is considered lawful.

Dowries are given by the men to the women's parents. If the latter are living, they enjoy the use of it. At their death, provided the dowry has

not been consumed, it is divided like the rest of the estate, equally among

the children, except in case the father should care to bestow something additional upon the daughter. If the wife, at the time of her marriage, has

neither father, mother, nor grandparents, she enjoys her dowry - which, in

such a case, belongs to no other relative or child. It should be noticed that unmarried women can own no property, in land or dowry, for the result of

all their labors accrues to their parents.

In the case of a divorce before the birth of children, if the wife left

the husband for the purpose of marrying another, all her dowry and an equal additional amount fell to the husband; but if she left him, and did

not marry another, the dowry was returned. When the husband left his

wife, he lost the half of the dowry, and the other half was returned to him. If he possessed children at the time of his divorce, the whole dowry and the

fine went to the children, and was held for them by their grandparents or

other responsible relatives. I have also seen another practice in two villages. In one case, upon

the death of the wife who in a year's time had borne no children, the

parents returned one-half the dowry to the husband whose wife had died.


In the other case, upon the death of the husband, one-half the dowry was

returned to the relatives of the husband. I have ascertained that this is not a general practice; for upon inquiry I learned that when this is done it is

done through piety, and that all do not do it.

In the matter of marriage dowries which fathers bestow upon their

sons when they are about to be married, and half of which is given immediately, even when they are only children, there is a great deal more

complexity. There is a fine stipulated in the contract, that he who violates

it shall pay a certain sum which varies according to the practice of the village and the affluence of the individual. The fine was heaviest if, upon

the death of the parents, the son or daughter should be unwilling to marry

because it had been arranged by his or her parents. In this case the dowry which the parents had received was returned and nothing more. But if the

parents were living, they paid the fine, because it was assumed that it had

been their design to separate the children. The above is what I have been able to ascertain clearly concerning

customs observed among these natives in all this Laguna and the tingues,

and among the entire Tagalo race. The old men say that a dato who did

anything contrary to this would not be esteemed; and, in relating tyrannies which they had committed, some condemned them and adjudged them

wicked.

Others, perchance, may offer a more extended narrative, but leaving aside irrelevant matters concerning government and justice among

them, a summary of the whole truth is contained in the above. I am

sending the account in this clear and concise form because I had received no orders to pursue the work further. Whatever may be decided upon, it is

certainly important that it should be given to the alcal-des-mayor,

accompanied by an explanation; for the absurdities which are to be found in their opinions are indeed pitiable.

May our Lord bestow upon your Lordship His grace and spirit, so

that in every step good fortune may be yours; and upon every occasion

may your Lordship deign to consider me your humble servant, to be which would be the greatest satisfaction and favor that I could receive. Nagcarlán,

October 21, 1589.

Fray Juan De Plasencia


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KARTILYA NG

KATIPUNAN

LESSON 2.3

Ni Emilio Jacinto

Ang buhay na hindi ginugugol sa isang malaki at banal na kadahilanan

ay kahoy na walang lilim, kundi damong makamandag.

Ang gawang magaling na nagbuhat sa paghahambog o pagpipita sa

sarili, at hindi talagang nasang gumawa ng kagalingan, ay di

kabaitan.

Ang tunay na kabanalan ay ang pagkakawang-gawa, ang pag-ibig sa

kapwa at ang isukat ang bawat kilos, gawa't pangungusap sa talagang Katuwiran.

Maitim man o maputi ang kulay ng balat, lahat ng tao'y magkakapantay; mangyayaring ang isa'y hihigtan sa dunong, sa yaman, sa ganda...;

ngunit di mahihigtan sa pagkatao.

Ang may mataas na kalooban, inuuna ang puri kaysa pagpipita sa sarili;

ang may hamak na kalooban, inuuna ang pagpipita sa sarili kaysa sa

puri.

Sa taong may hiya, salita'y panunumba.

Huwag mong sayangin ang panahon; ang yamang nawala'y mangyayaring magbalik; ngunit panahong nagdaan ay di na muli

pang magdadaan.

Ipagtanggol mo ang inaapi; kabakahin ang umaapi.

Ang mga taong matalino'y ang may pag-iingat sa bawat sasabihin; matutong ipaglihim ang dapat ipaglihim.

Sa daang matinik ng buhay, lalaki ang siyang patnugot ng asawa at mga

anak; kung ang umaakay ay tungo sa sama, ang pagtutunguhan ng inaakay ay kasamaan din.

Ang babae ay huwag mong tingnang isang bagay na libangan lamang, kundi isang katuwang at karamay sa mga kahirapan nitong buhay;

gamitin mo nang buong pagpipitagan ang kanyang kahinaan, at

alalahanin ang inang pinagbuharan at nag-iwi sa iyong kasanggulan.

Ang di mo ibig gawin sa asawa mo, anak at kapatid, ay huwag mong

gagawin sa asawa, anak at kapatid ng iba.


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DECLARATION OF THE

PHILIPPINE INDEPENDENCE

LESSON 2.4

Translation by Sulpicio Guevara

In the town of Cavite-Viejo, Province of Cavite, this 12th day of June 1898:

BEFORE ME, Ambrosio Rianzares Bautista, War Counsellor and Special

Delegate designated to proclaim and solemnize this Declaration of

Independence by the Dictatorial Government of the Philippines, pursuant

to, and by virtue of, a Decree issued by the Engregious Dictator Don Emilio Aguinaldo y Famy,

The undersigned assemblage of military chiefs and others of the army who could not attend, as well as the representatives of the various towns,

Taking into account the fact that the people of this country are already tired of bearing the ominous joke of Spanish domination,

Because of arbitrary arrests and abuses of the Civil Guards who cause deaths in connivance with and even under the express orders of their

superior officers who at times would order the shooting of those placed

under arrest under the pretext that they attempted to escape in violation of

known Rules and Regulations, which abuses were left unpunished, and because of unjust deportations of illustrious Filipinos, especially those

decreed by General Blanco at the instigation of the Archbishop and friars

interested in keeping them in ignorance for egoistic and selfish ends, which deportations were carried out through processes more execrable

than those of the Inquisition which every civilized nation repudiates as a

trial without hearing.

Had resolved to start a revolution in August 1896 in order to regain the

independence and sovereignty of which the people had been deprived by Spain through Governor Miguel Lopez de Legazpi who, continuing the

course followed by his predecessor Ferdinand Magellan who landed on the

shores of Cebu and occupied said Island by means of a Pact of Friendship

with Chief Tupas, although he was killed in the battle that took place in said shores to which battle he was provoked by Chief Kalipulako of Mactan

who suspected his evil designs, landed on the Island of Bohol by entering

also into a Blood Compact with its Chief Sikatuna, with the purpose of later taking by force the Island of Cebu, and because his successor Tupas

did not allow him to occupy it, he went to Manila, the capital, winning

likewise the friendship of its Chiefs Soliman and Lakandula, later taking possession of the city and the whole Archipelago in the name of Spain by

virtue of an order of King Philip II, and with these historical precedents

and because in international law the prescription established by law to legalize the vicious acquisition of private property is not recognized, the

legitimacy of such revolution can not be put in doubt which was calmed


but not complete stifled by the pacification proposed by Don Pedro A.

Paterno with Don Emilio Aguinaldo as President of the Republic established in Biak-na-Bato and accepted by Governor-General Don

Fernando Primo De Rivera under terms, both written and oral, among

them being a general amnesty for all deported and convicted persons; that

by reason of the non-fulfillment of some of the terms, after the destruction of the plaza of Cavite, Don Emilio Aguinaldo returned in order to initiate a

new revolution and no sooner had he given the order to rise on the 31st of

last month when several towns anticipating the revolution, rose in revolt on the 28th , such that a Spanish contingent of 178 men, between Imus

Cavite-Viejo, under the command of major of the Marine Infantry

capitulated , the revolutionary movement spreading like wild fire to other towns of Cavite and the other provinces of Bataan, Pampanga, Batangas,

Bulacan, Laguna, and Morong, some of them with seaports and such was

the success of the victory of our arms, truly marvelous and without equal in the history of colonial revolutions that in the first mentioned province

only the Detachments in Naic and Indang remained to surrender; in the

second all Detachments had been wiped out; in the third the resistance of

the Spanish forces was localized in the town of San Fernando where the greater part of them are concentrated, the remainder in Macabebe,

Sexmoan, and Guagua; in the fourth, in the town of Lipa; in the fifth, in

the capital and in Calumpit; and in last two remaining provinces, only in their respective capitals, and the city of Manila will soon be besieged by

our forces as well as the provinces of Nueva Ecija, Tarlac, Pangasinan, La

Union, Zambales, and some others in the Visayas where the revolution at the time of the pacification and others even before, so that the

independence of our country and the revindication of our sovereignty is

assured.

And having as witness to the rectitude of our intentions the Supreme

Judge of the Universe, and under the protection of our Powerful and

Humanitarian Nation, The United States of America, we do hereby proclaim and declare solemnly in the name by authority of the people of

these Philippine Islands,

That they are and have the right to be free and independent; that they

have ceased to have allegiance to the Crown of Spain; that all political ties

between them are should be completely severed and annulled; and that, like other free and independent States, they enjoy the full power to make

War and Peace, conclude commercial treaties, enter into alliances, regulate

commerce, and do all other acts and things which and Independent State Has right to do,

And imbued with firm confidence in Divine Providence, we hereby mutually

bind ourselves to support this Declaration with our lives, our fortunes, and with our sacred possession, our Honor.

We recognize, approve, and ratify, with all the orders emanating from the same, the Dictatorship established by Don Emilio Aguinaldo whom we

reverse as the Supreme Head of this Nation, which today begins to have a

life of its own, in the conviction that he has been the instrument chosen by God, in spite of his humble origin, to effectuate the redemption of this

unfortunate country as foretold by Dr. Don Jose Rizal in his magnificent

verses, which he composed in his prison cell prior to his execution,


liberating it from the Yoke of Spanish domination,

And in punishment for the impunity with which the Government

sanctioned the commission of abuses by its officials, and for the unjust

execution of Rizal and others who were sacrificed in order to please the

insatiable friars in their hydropical thirst for vengeance against and extermination of all those who oppose their Machiavellian ends, trampling

upon the Penal Code of these Islands, and of those suspected persons

arrested by the Chiefs of Detachments at the instigation of the friars, without any form nor semblance of trial and without any spiritual aid of

our sacred Religion; and likewise, and for the same ends, eminent Filipino

priest, Doctor Don Jose Burgos, Don Mariano Gomez, and Don Jacinto Zamora were hanged whose innocent blood was shed due to the intrigues

of these so-called Religious corporations which made the authorities to

believe that the military uprising at the fort of San Felipe in Cavite on the night of January 21, 1872 was instigated by those Filipino martyrs,

thereby impeding the execution of the decree- sentence issued by the

Council of State in the appeal in the administrative case interposed by the

secular clergy against the Royal Orders that directed that the parishes under them within the jurisdiction of this Bishopric be turned over to the

Recollects in exchange for those controlled by them in Mindanao which

were to be transferred to the Jesuits, thus revoking them completely and ordering the return of those parishes, all of which proceedings are on file

with the Ministry of Foreign Affairs to which they are sent last month of

the year of the issuance of the proper Royal Degree which, in turn, caused the grow of the tree of the liberty in our dear land that grow more and

more through the iniquitous measures of oppressions, until the last drop

of our chalice of suffering having been drained, the first spark of revolution broke out in Caloocan, spread out to Santa Mesa and continued its course

to the adjoining regions of the province were the unequalled heroism of its

inhabitants fought a one sided battle against superior forces of General

Blanco and General Polavieja for a period of 3 months, without proper arms nor ammunitions, except bolos, pointed bamboos, and arrows.

Moreover, we confer upon our famous Dictator Don Emilio Aguinaldo all the powers necessary to enable him to discharge the duties of Government,

including the prerogatives of granting pardon and amnesty,

And lastly, it was results unanimously that this Nation, already free and

independent as of this day, must use the same flag which up to now is

being used, whose designed and colored are found described in the attached drawing, the white triangle signifying the distinctive emblem of

the famous Society of the "Katipunan" which by means of its blood

compact inspired the masses to rise in revolution; the tree stars, signifying

the three principal Islands of these Archipelago - Luzon, Mindanao, and Panay where the revolutionary movement started; the sun representing the

gigantic step made by the son of the country along the path of Progress

and Civilization; the eight rays, signifying the eight provinces - Manila, Cavite, Bulacan, Pampanga, Nueva Ecija, Bataan, Laguna, and Batangas -

which declares themselves in a state of war as soon as the first revolt was

initiated; and the colors of Blue, Red, and White, commemorating the flag of the United States of America, as a manifestation of our profound

gratitude towards this Great Nation for its disinterested protection which it

lent us and continues lending us.


And holding up this flag of ours, I present it to the gentlemen here

assembled:

Don Segundo Arellano

Don Tiburcio del Rosario Sergio Matias

Don Agapito Zialcita

Don Flaviano Alonzo

Don Mariano Legazpi Don Jose Turiano Santiago y Acosta

Don Aurelio Tolentino

Don Felix Ferrer Don Felipe Buencamino

Don Fernando Canon Faustino

Don Anastacio Pinzun Don Timoteo Bernabe

Don Flaviano Rodriguez

Don Gavino Masancay Don Narciso Mayuga

Don Gregorio Villa

Don Luis Perez Tagle

Don Canuto Celestino Don Marcos Jocson

Don Martin de los Reyes

Don Ciriaco Bausa Don Manuel Santos

Don Mariano Toribio

Don Gabriel de los Reyes Don Hugo Lim

Don Emiliano Lim

Don Faustino Tinorio Don Rosendo Simon

Don Leon Tanjanque

Don Gregorio Bonifacio

Don Manuel Salafranca Don Simon Villareal

Don Calixto Lara

Don Buenaventura Toribio Don Gabriel Reyes

Don Zacarias Fajardo

Don Florencio Manalo Don Ramon Gana

Don Marcelino Gomez

Don Valentin Politan Don Felix Politan

Don Evaristo Dimalanta

Don Gregorio Alvarez Don Sabas de Guzman

Don Esteban Francisco

Don Guido Yaptinchay

Don Mariano Rianzares Bautista Don Francisco Arambulo

Don Antonio Gonzales

Don Juan Antonio Gonzales Don Juan Arevalo

Don Ramon Delfino

Don Honorio Tiongco Don Francisco del Rosario

Don Epifanio Saguil

Don Ladislao Afable Jose Don Sixto Roldan

Don Luis de Lara

Don Marcelo Basa

Don Jose Medina Don Efipanio Crisia

Don Pastor Lopez de Leon

Don Mariano de los Santos Don Santiago Garcia

Don Andres Tria Tirona

Don Estanislao Tria Tirona Don Daniel Tria Tirona

Don Andres Tria Tirona

Don Carlos Tria Tirona Don Sulpicio P. Antony

Don Epitacio Asuncion

Don Catalino Ramon

Don Juan Bordador Don Jose del Rosario

Don Proceso Pulido

Don Jose Maria del Rosario Don Ramon Magcamco

Don Antonio Calingo

Don Pedro Mendiola Don Estanislao Galinco

Don Numeriano Castillo

Don Federico Tomacruz Don Teodoro Yatco

Don Ladislao Diwa

Who solemnly swear to recognize and defend it unto the last drop of their

blood.

In witness thereof, I certify that this Act of Declaration of Independence

was signed by me and by all those here assembled including the only

stranger who attended those proceedings, a citizen of the U.S.A., Mr. L.M. Johnson, a Colonel of Artillery.

Ambrosio Rianzares Bautista War Counsellor and Special Delegate-Designate


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(the author)

thought/did/had

________________________________________________________________

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because

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1. Demonstrate the ability to formulate arguments in favor or against a particular issue using

primary sources. 2. Develop critical thinking skills in analyzing

the various controversies and conflicting views in the Philippine history.

3. Acquire an understanding of the past events to better understand the matters that affect its antiquity, the present and the future.

ONE PAST BUT MANY HISTORIES:

CONTROVERSIES AND CONFLICTING VIEWS

IN THE PHILIPPINE HISTORY

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 53

Chapter 3

This chapter presents some of the controversial events in the history of the Philippines. Each lesson will present the primary

sources pertaining to these disputed accounts followed by a discussion on the main issues and arguments. The task of the

students is to decide which argument to side on by analyzing the primary sources available.


SITE OF THE

FIRST MASS

LESSON 3.1

One of the most controversial topic in Philippine history is the site of the first Catholic Mass, which happened on March 31, 1521 (Easter

Sunday).

Today, debates on the matter are being opened

as the Philippines celebrates the 500th years of Christianity, and this

time it is not just Masao, Butuan and Limasawa

Island in Leyte, but including other places in

Butuan such as Baug Island, Suatan and Bood Promontory. In this

lesson, we will continue reading the accounts of

Antonio Pigafetta which is considered as a complete record of the journey of Magellan.

Primary Source:

The First Voyage Round the World, translated from the accounts of Antonio Pigafetta accompanied by original documents, with notes and an introduction by Lord Stanley of Alderley.

Taken from Google Maps

In the island belonging to the king who came to the ship there are

mines of gold, which they find in pieces as big as a walnut or an egg, by seeking in the ground. All the vessels which he makes use of are made of

it, and also some parts of his house, which was well fitted up according to

the custom of the country, and he was the handsomest man that we saw

among these nations. He had very black hair coming down to his shoulders, with a silk cloth on his head, and two large gold rings hanging from his ears,

he had a cloth of cotton worked with silk, which covered him from the waist

to the knees, at his side he wore a dagger, with a long handle which was all of gold, its sheath was of carved wood. Besides he carried upon him scents

of storax and benzoin. He was tawny and painted all over. The island of this

king is named Zuluan and Calagan, and when these two kings wish to visit one another they come to hunt in this island where we were. Of

these kings the painted king is called Raia Calambu, and the other Raia

Siani.


On Sunday, the last day of March, and feast of Easter, the captain sent

the chaplain ashore early to say mass, and the interpreter went with him to tell the king that they were not coming on shore to dine with him, but only to

hear the mass. The king hearing that sent two dead pigs. When it was time

for saying mass the captain went ashore with fifty men, not with their arms,

but only with their swords, and dressed as well as each one was able to dress, and before the boats reached the shore our ships fired six cannon

shots as a sign of peace. At our landing the two kings were there, and

received our captain in a friendly manner, and placed him between them, and then we went to the place prepared for saying mass, which was not far

from the shore. Before the mass began the captain threw a quantity of musk

rose water on those two kings, and when the offertory of the mass came, the two kings went to kiss the cross like us, but they offered nothing, and at the

elevation of the body of our Lord they were kneeling like us, and adored our

Lord with joined hands. The ships fired all their artillery at the elevation of the body of our Lord. After mass had been said each one did the duty of

a Christian, receiving our Lord. After that the captain had some sword-play

by his people, which gave great pleasure to the kings. Then he had a cross

brought, with the nails and crown, to which the kings made reverence, and the captain had them told that these things which he showed them were the

sign of the emperor his lord and master, from whom he had charge and

commandment to place it in all places where he might go or pass by. He told them that he wished to place it in their country for their profit, because if

there came afterwards any ships from Spain to those islands, on seeing this

cross, they would know that we had been there, and therefore they would not cause them any displeasure to their persons nor their goods; and if they

took any of their people, on showing them this sign, they would at once let

them go. Besides this, the captain told them that it was necessary that this cross should be placed on the summit of the highest mountain in their

country, so that seeing it every day they might adore it, and that if they did

thus, neither thunder, lightning, nor the tempest could do them hurt. The

kings thanked the captain, and said they would do it willingly. Then he asked whether they were Moors or Gentiles, and in what they believed. They

answered that they did not perform any other adoration, but only joined

their hands, looking up to heaven, and that they called their God, Aba. Hearing this, the captain was very joyful, on seeing that, the first king raised

his hands to the sky and said that he wished it were possible for him to be

able to show the affection which he felt towards him. The interpreter asked him for what reason there was so little to eat in that place, to which the king

replied that he did not reside in that place except when he came to hunt and

to see his brother, but that he lived in another island where he had all his family. Then the captain asked him if he had any enemies who made war

upon him, and that if he had any he would go and defeat them with his men

and ships, to put them under his obedience. The king thanked him, and

answered that there were two islands the inhabitants of which were his enemies; however, that for the present it was not the time to attack them.

The captain therefore said to him that if God permitted him to return

another time to this country, he would bring so many men that he would put them by force under his obedience. Then he bade the interpreter tell them

that he was going away to dine, and after that he would return to place the

cross on the summit of the mountain. The two kings said they were content, and on that they embraced the captain, and he separated from them.


After dinner we all returned in our dress coats, and we went together

with the two kings to the middle of the highest mountain we could find, and there the cross was planted. After that the two kings and the captain rested

themselves; and, while conversing, I asked where was the best port for

obtaining victuals. They replied that there were three, that is to say, Ceylon,

Zzubu, and Calaghan, but that Zzubu was the largest and of the most traffic. Then the kings offered to give him pilots to go to those ports, for

which he thanked them, and deliberated to go there, for his ill-fortune would

have it so. After the cross had been planted on that mountain, each one said the Paternoster and Ave Maria, and adored it, and the kings did the like.

Then we went down below to where their boats were. There the kings had

brought some of the fruit called cocos and other things to make a collation and to refresh us. The captain, being desirous to depart the next day in the

morning, asked the king for the pilots to conduct us to the above-mentioned

ports, promising him to treat them like themselves, and that he would leave one of his own men as a hostage. The first king said that he would go

himself and conduct him to this port, and be his pilots but that he should

wait two days, until he had had his rice gathered in and done other things

which he had to do, begging him to lend him some of his men so as to get done sooner. This the captain agreed to.

This kind of people are gentle, and go naked, and are painted. They

wear a piece of cloth made from a tree, like a linen cloth, round their body to cover their natural parts: they are great drinkers. The women are dressed in

tree cloth from their waists downwards; their hair is black, and reaches

down to the ground; they wear certain gold rings in their ears. These people chew most of their time a fruit which they call areca, which is something of

the shape of a pear; they cut it in four quarters, and after they have chewed

it for a long time they spit it out, from which afterwards they have their mouths very red. They find themselves the better from the use of this fruit

because it refreshes them much, for this country is very hot, so that they

could not live without it. In this island there is a great quantity of dogs, cats,

pigs, fowls, and goats, rice, ginger, cocos, figs, oranges, lemons, millet, wax, and gold mines. This island is in nine degrees and two-thirds north latitude,

and one hundred and sixty-two longitude from the line of demarcation: it is

twenty-five leagues distant from the other island where we found the two fountains of fresh water. This island is named Mazzava.

Main Issue: The questions about where the first mass happened in the Philippines came from the dichotomy of understanding of

“Mazaua” based on the accounts of Pigafetta. This led to the Limasawa and Masao, Butuan debate.

1) MASAO, BUTUAN – The claim is based on a tradition that was highly observed from the 17th to19th century. Historians claim that there has

been no mention of the Limasawa Island in the primary sources of this

dispute history. Masaua according to them is now Masao. 2) LIMASAWA ISLAND – The accounts of Pigafetta, jointly read with

Francisco Albo’s diary (in a form of a log book), showed that Magellan’s

expedition did not reach Mindanao when they landed in Homonhon. Instead, they have settled in an island in a latitude similar to the position

of Limasawa today, south of Leyte. In addition, the disputed location in

Masao is near a river, but in there has been no mention of such


geographical feature in the story of Pigafetta.

From your reading of the above primary source and other

sources, which of the following arguments do you believe in? Organize

your thoughts and write your answer on Worksheet 3.1. The debate may have been settled today in favor of Limawasa,

but the people of Butuan, with their evidence and faith, are still in the fight for their claims. Regardless of the result in the future, one this is

for sure, Magellan has planted on the Philippine soil the seed of Christianity and everything has changed since then.


WORKSHEET 3.1

NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Analyze the primary sources and the arguments presented

in this lesson, and decide on the main issue/s using your own

arguments.

MAIN ISSUE: _______________________________________________________

_____________________________________________________________________

DECISION:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

ARGUMENT/S:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________


CAVITE MUTINY

LESSON 3.2

You have learned from the previous chapter that primary sources are written from the perspectives of their respective authors. Hence, accounts on a specific event may differ and later result to disputes. This

exactly what happened in understanding the 1872 Cavite Mutiny from the Spanish and Filipino reports.

Primary sources: The major sources of this past event are the

documents by the Spanish historian, Jose Montero y Vidal; official report of Gov. Gen. Rafael Izquierdo; by a Filipino researcher, Dr. Trinidad Hermenigildo Pardo de Tavera; and French writer, Edmund

Plauchut.

Main issue: The accounts on this particular history presents conflicts on the real reasons of the mutiny.

Arguments:

1) SPANISH PERSPECTIVE – The reports of Vidal and Izquierdo

both implicated that the rebellion was an attempt to overthrow the Spanish government. In particular, Izquierdo reports that

the Filipino clergy is behind the mutiny to rally secularization.


Both has originally reported that this “plan” was caused by the abolition of the privileges of the workers of Cavite arsenal, which

include the non-payment of taxes of tributes and the exemption from force labor. But, the two added several causes like the

overthrowing of secular throne through the Spanish revolution, the unrestrained press disseminating unclean propagandas, the books with liberal, republican, and democratic ideals, and the

support and conspiracy of native priests to replace the Spanish friars. For these reasons, the GOMBURZA in February 17, 1872

were executed.

2) FILIPINO PERSPECTIVE - For the Filipinos, the mutiny was a response to the injustice in the society. This bloody event, according to Tavera, was caused by the eradication of privileges

granted to the soldiers and workers of the arsenals in Cavite as a result of Izquierdo’s hard-hearted policies. When they found out

that taxes and other burden have been deducted from their salaries, they rose in arms on January 20, 1987. However, after

two days, the insurgency has been subdued when Gen Izquierdo ordered immediate reinforcement of troops in Cavite.

In addition, Tavera reports that the friars and Izquierdo have used

the mutiny to report a conspiracy of Filipino residents and clergy to abolish the government. This is in the eve of the plan of the Central

Government in Madrid to remove the certain powers from the friars in the government and in management of educational institutions.

In an article published by the National Historical Commission of the Philippines in 2012, these four primary sources have been

considered and some basic suggested the following unvarying facts:

1) There was dissatisfaction among the workers of the arsenal as well as the members of the native army after their privileges were drawn back by Gen. Izquierdo;

2) Gen. Izquierdo introduced rigid and strict policies that made the Filipinos move and turn away from Spanish government out of

disgust; 3) The Central Government failed to conduct an investigation on

what truly transpired but relied on reports of Izquierdo and the friars and the opinion of the public;

4) The happy days of the friars were already numbered in 1872 when

the Central Government in Spain decided to deprive them of the power to intervene in government affairs as well as in the direction

and management of schools prompting them to commit frantic moves to extend their stay and power;


5)The Filipino clergy members actively participated in the secularization movement in order to allow Filipino priests to take

hold of the parishes in the country making them prey to the rage of the friars;

6)Filipinos during the time were active participants, and responded to what they deemed as injustices; and

7) The execution of GOMBURZA was a blunder on the part of the

Spanish government, for the action severed the ill-feelings of the Filipinos and the event inspired Filipino patriots to call for

reforms and eventually independence.

The mutiny may have a number of versions from both sides, but one this is for sure, it has been a gateway to a number of events that led to the Philippine Independence in 1898.


WORKSHEET 3.2

NAME:

SCORE:

YEAR/SECTION:

DATE:



arguments.

MAIN ISSUE: _______________________________________________________

_____________________________________________________________________

DECISION:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

ARGUMENT/S:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________


RETRACTION OF RIZAL

LESSON 3.3

One of the most controversial documents in Philippine history is the retraction of Jose Rizal. Two texts have been published on this

matter – the first was on December 30, 1986 in Diaro de Manila and La Voz Española; the second one was on February 14, 1897 in La

Juventud. Both were said to be written by Fr. Balaguer. Primary source: Here’s the alleged original copy found by Fr. Manuel

Garcia, CM on May 18, 1935. Following are the text from Fr. Balaguer in January 1987 and its English translation.

Me declaro catolica y en esta Religion en que naci y me eduque quiero vi-vir y morir.

Me retracto de todo corazon de cuanto en mis palabras, escritos, inpresos y conducta ha habido contrario a mi cualidad de hijo de la Iglesia Catolica. Creo y profeso cuanto ella enseña y me somento a cuanto ella manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y como Sociedad prohibida por la Iglesia. Puede el Prelado Diocesano, como Autoridad Superior Eclesiastica hacer publica esta manifastacion espon-tanea mia para reparar el escandalo que mis actos hayan podido causar y para que Dios y los hombers me perdonen.

Manila 29 de Deciembre de 1896

Jose Rizal

Me declaro catolica y en esta Religion en que naci y me eduque quiero vi-vir y morir. Me retracto de todo corazon de cuanto en mis palabras, escri-tos, inpresos y conducta ha habido contrario a mi calidad de hijo de la Iglesia. Creo y profeso cuanto ella enseña y me somento a cuanto Ella manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y como Sociedad prohibida por la misma Iglesia. Puede el Prelado diocesano, como Autoridad superior eclesiastica hacer publica esta manifastacion espontanea mia, para reparar el escandalo que mis actos hayan podido causar, y para que Dios y los hombers me perdonen.

Manila, 29 de Diciembre de 1896 Jose Rizal


English translation:

Main issue: Whether or not Jose Rizal retracted in favor of the Catholic Church.

Arguments:

1) NO. RIZAL DID NOT RETRACT – A number of historians question the authenticity of the retraction document citing sever-

al inconsistencies from Rizal’s writing and even ideals. The following are some of the observed variances from the “original”

document and that of Fr. Balaguer:

a) Instead of the words "mi cualidad" (with "u") which appear in

the original and the newspaper texts, the Jesuits’ copies have "mi calidad" (without "u").

b) The Jesuits’ copies of the retraction omit the word "Catolica" after the first "Iglesias" which are found in the original and the

newspaper texts. c) The Jesuits’ copies of the retraction add before the third

"Iglesias" the word "misma" which is not found in the original

and the newspaper texts of the retraction. d) With regards to paragraphing which immediately strikes the eye

of the critical reader, Fr. Balaguer’s text does not begin the second paragraph until the fifth sentences while the original

and the newspaper copies start the second paragraph immediately with the second sentences.

e) Whereas the texts of the retraction in the original and in the

manila newspapers have only four commas, the text of Fr. Balaguer’s copy has eleven commas.

I declare myself a catholic and in this Religion in which I was born and

educated I wish to live and die. I retract with all my heart whatever in my words, writings, publications

and conduct has been contrary to my character as son of the Catholic

Church. I believe and I confess whatever she teaches and I submit to

whatever she demands. I abominate Masonry, as the enemy which is of the Church, and as a Society prohibited by the Church. The Diocesan

Prelate may, as the Superior Ecclesiastical Authority, make public this

spontaneous manifestation of mine in order to repair the scandal which my acts may have caused and so that God and people may pardon me.

Manila 29 of December of 1896 Jose Rizal


f) The most important of all, Fr. Balaguer’s copy did not have the names of the witnesses from the texts of the newspapers in

Manila.

2) YES. RIZAL RETRACTED – Rizal was Catholic when he died as a consequence of his retraction. In fact he was buried in a Catholic cemetery. The said document was alleged to be signed two years

before his execution. This was done along with his profession of faith as a requirement to marry Josephine Bracken.

Today, a number of known historians would believe in the

retraction after the presentation of Cuerpo de Vigilancia de Ma-nila, also known as the Katipunan and Rizal documents, which consist of important primary sources of the Philippine revolutions

purchased by the government from Spain in the mid-1990s.

This debate will continue until enough evidence will put the issue

to rest. But regardless of what it may result to, one thing is for sure, the works of Rizal has inspired a number of Filipinos of his time to fight for the freedom of the country.


WORKSHEET 3.3


NAME:

SCORE:

YEAR/SECTION:

DATE:



arguments.

MAIN ISSUE: _______________________________________________________

_____________________________________________________________________

DECISION:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

ARGUMENT/S:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

CRY OF BALINTAWAK

LESSON 3.4

1Photo from http://www.kasaysayan-kkk.info/studies/notes-on-the-cry-of-august-1896

The exact date and location of a certain past event are very im-

portant in the study of history. The event that happened in August 1896 is highly considered as a significant turning point in Philippine history.

In this lesson, the issues and arguments for the exact date and location of the Cry will be examined.

The “cry” may be understood as decision to revolt, the tearing of community tax certificates or cedulas, or the encounter with Spanish

forces. Several sources to this event presents several interpretation of the word. But, what is worth dealing is its exact date and location.

One of the often examined source to this is of Pio Valenzuela.

However, as years passed by, his accounts also changed. Ultimately, in

1935 with Pacheco and Pantas, Valenzuela proclaimed that, “hindi sa

Balintawak nangyari ang unang sigaw ng paghihimagsik na kinalalagian

ngayon ng bantayog, kung di sa pook na kilala sa tawag na Pugad

Lawin.” (The first Cry of the revolution did not happen in Balintawak

where the monument is, but in a place called Pugad Lawin.)


This greatly influenced the research findings of National Historical Institute (formerly Philippine Historical Committee) when it identified in

1940 that Pugad Lawin is actually located as part of sitio Gulod, Banlat, Kalookan City. Subsequently, it was identified to be the place of

Tandang Sora and the cry happened on August 23.

On another primary source, Mga Gunita ng Himagsikan (1964) by

Emilio Aguinaldo has presented the following letter from Andres Bonifacio:

Noong ika-22 ng Agosto, 1896, ang Sangguniang Magdalo ay

tumanggap ng isang lihim na sulat mula sa Supremo Andres Bonifacio, sa Balintawak, na nagsasaad na isang mahalagang pulong ang kanilang idadaos sa ika-24 ng nasabing buwan, at lubhang kailangan na kami ay magpadala roon ng dalawang kinatawan o delegado sa ngalan ng Sanggunian. Ang pulong aniya’y itataon sa kaarawan ng kapistahan ng San Bartolome sa Malabon, Tambobong. kapagkarakang matanggap ang nasabing paanyaya, an gaming Pangulo na si G. Baldomero Aguinaldo, ay tumawag ng pulong sa tribunal ng Cavite el Viejo… Nagkaroon kami ng pag-aalinlangan sa pagpapadala roon ng aming kinatawan dahil sa kaselanang pagdararanang mga pook at totoong mahigpit at abot-abot ang panghuli ng mag Guardia Civil at Veterana sa mga naglalakad lalung-lalo na sa mag pinaghihinalaang mga mason at Katipunan. Gayon pa man ay aming hinirang at pinagkaisahang ipadalang tanging Sugo ang matapang na kapatid naming si G. Domingo Orcullo… Ang aming Sugo ay nakarating ng maluwalhati sa kanyang paroonan at nagbalik din na wala naming sakuna, na taglay ang sulat ng Supremo na may petsang 24 ng Agosto. Doon ay wala naming sinasabing kautusan, maliban sa patalastas na kagugulat-gulat na kanilang lulusubin ang Maynila, sa Sabado ng gabi, ika-29 ng Agosto, at ang hudyat ay ang pagpatay ng ilaw sa Luneta. Saka idinugtong pa na marami diumano ang nahuli at napatay ng Guardia Civil at Veterana sa kanyang mga kasamahan sa lugar ng Gulod…

English translation:

On 22 August 1896, the Magdalo Council received a secret letter from Supremo Andres Bonifacio, in Balintawak, which stated that the

Katipunan will hold an important meeting on the 24th of the said

month, and that it was extremely necessary to send two representatives or delegates in the name of the said Council. The meeting would be

timed to coincide with the feast day of Saint Bartolomew in Malabon,

Tambobong. Upon receiving the said invitation, our President, Mr. Baldomero Aguinaldo, called a meeting at Tribunal of Cavite el Viejo…

We were apprehensive about sending representatives because the areas

they would have pass through were dangerous and was a fact that the Civil Guard and Veterans were arresting travelers, especially those

suspected of being freemasons and members of Katipunan.

Nevertheless, we agreed and nominated to send a single representative

in the person of our brave brother, Mr. Domingo Orcullo… Our representative arrived safely at his destination and also returned


This primary source clearly has overthrown the Cry of Pugad Lawin

on August 23, 1896 in the Bahay Toro, Kalookan. The letter cited in the memoirs suggests that the event was closer to Balintawak.

Furthermore, in the discussions of the Philippine Historical Association in February 2003, a descendant of Tandang Sora protested that “Pugad Lawin” was literally pertaining to the hawk nests on top of a Sampaloc

tree at Gulod near Balintawak. Contemporary studies may have concluded that it was the Cry of

Balintawak at around noon of Monday, August 24, 1896 at the site of the barn and house of Tandang Sora in Gulod, now barangay Banlat,

Quezon City. Moreover, the studies reiterated that Filipinos, in light of this event, must celebrate the following:

a) The establishment of a revolutionary or the facto government that

was republican in aspiration; b) The designation of Bonifacio as the Kataastaasang Pangulo

(Supreme Presiddent),

c) The election of the members of his cabinet ministers and

Sanggunian and Balangay heads.

unharmed, bearing a letter from the Supremo dated 24 August. It

contained no orders but the shocking announcement that the Katipunan

would attack Manila at night on Saturday, 29 August, the signal for which

would be the putting out of the lamps in Luneta. He added that many of

his comrade had been captured and killed by the Civil Guard and

Veterans in Gulod…


WORKSHEET 3.3


NAME:

SCORE:

YEAR/SECTION:

DATE:

Directions: Research and analyze the primary sources and their

arguments about the Cry of August 1896. Decide on the main issues

and present your own arguments.

MAIN ISSUE: _______________________________________________________

_____________________________________________________________________

DECISION:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

ARGUMENT/S:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

LEARNING OBJECTIVES: At the end of the lesson of chapter 4 the students should be able to :

1. Effectively communicate matters about the

origin, coverage, applications, and updates of the Comprehensive Agrarian Reform Laws, the

Philippine Constitution and Taxations. 2. Understand the underlying purpose of each law

including its coverage.

3. Evaluate the present situation from the past. 4. Recommend possible solutions to present-day

problems based on their own understanding of the root causes, and their anticipation of future

scenarios. 5. Display the ability to work in a multi-disciplinary

team and contribute to a group endeavor.

SOCIAL, POLITICAL, ECONOMIC AND

CRITICAL ISSUES IN PHILIPPINE HISTORY


Chapter 4

AGRARIAN LAW

LESSON 4.1

REPUBLIC ACT NO. 6657 also known as “The Comprehensive Agrarian Reform

Law of 1998” [as amended by Republic Act Nos. 7881, 7905, 532 and 9700]

Agrarian Law

“Agrarian reform” means redistribution of lands, regardless of

crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of

factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor

administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work.

However, the term “Agrarian” is derived from the Latin word “ager” which means “a field.” Lexically, the word agrarian means “relating to

land or to the ownership or division of land”. On the other hand, reform presupposes something is defective, hence, needs reformation and correction.

Therefore, agrarian law governs and regulates the rights and

relationship over agricultural lands between landowners, tenants, lessees or agricultural workers.

Brief History of the Agrarian Reforms in the Philippines

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES 73

Pre-Spanish Era - “This land is Ours God gave this land to us.” The Filipinos of the 15th

century must have engaged primarily hunting, fishing and

cultivation. Moreover, in land cultivation, the common method used is the slash and burn method

also known as the “kaingin system” where the land is cleared

by burning bushes before planting the crops. Only in the mountains

of northern Luzon, where elaborate rice terraces were built some 2,000 years ago, were livelihood and

social organization linked to a fixed territory. The lowland peoples lived in extended kinship groups known

as barangay each under the leadership of a datu or chieftain. The barangay, which ordinarily numbered no more than a few hundred

individuals, was usually the largest stable economic and political unit. In this community, everyone has access on the lands and whatever resources it may have, which must be mutually shared to the villagers.

Also within the barangay, the status system, though not rigid, appears to have consisted of three broad classes: 1) the datu and his family and

the nobility, 2) the freeholders, and 3) the “dependents.” This third category consisted of three levels - sharecroppers, debt peons, and war

captives—the last two levels being termed “slaves” by Spanish observers. The slave status was inherited but, through manumission and interclass marriage, seldom extended over more than two

generations. The fluidity of the social system was in part the consequence of a bilateral kinship system in which lineage was

reckoned equally through the male and female lines. Marriage was apparently stable, though divorce was socially acceptable under certain

circumstances.

Early Filipinos followed

various local religions, a

mixture of monotheism and

polytheism in which the latter

dominated. The propitiation of

spirits required numerous

rituals, but there was no

obvious religious hierarchy. In

religion, as in social structure

and economic activity, there

was considerable variation

between - and even within -

Photo taken from filipinoknows.net

Photo taken from slideplayer.com


islands. Despite the existence of different classes in the social structure,

practically everyone had access to the fruits of the soil. Money was unknown, and rice served as the medium of exchange. The concept of

“Stewardship” is also practiced during this period because they believe that the relationship of human and nature are important.

(Adopted from www.dar.gov.ph)

Pre-Spanish Era - “This land is Ours God gave this land to us.”

During the Spanish Era, the relationship between

landowners and tenants was governed by the Civil Code,

particularly by the Special

Provisions for Rural Leases. When the Spaniards came

to the Philippines, the concept of encomienda (Royal Land

Grants) was introduced. This system grants that Encomenderos must defend

his encomienda from external attack, maintain peace and order within, and support the missionaries. In turn, the encomendero acquired the

right to collect tribute from the indios (native). The native families were merely landholders and not landowners.

By law, the land assigned to them was the property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the form of agricultural products they produced.

Through the Laws of the Indies, the Spanish crown awarded vast tracts of land to wit: 1) a Friar lands for the religious orders;

2) Repartiamentos for lands granted to the Spanish military as a reward for their service; and 3) Encomienda a large tracts of land given to

Spaniards (encomendero) to manage and have the right to receive tributes from the natives tilling it. Natives within these areas became mere tillers working for a share of crops. They did not even have any

rights to the land. The system, however, degenerated into abuse of power by the

encomenderos. The tribute soon became land rents to a few powerful landlords. And the natives who once cultivated the lands in freedom

were transformed into mere share tenants. The Spanish crown made a law in 1865 ordering landholders to register their landholdings. Only those who were aware of these decrees

benefited. Ancestral lands were claimed and registered in other people’s names (Spanish officials or local chieftains). As a result, many peasant

families were driven out from the lands they have been cultivating for centuries or were forced to become tillers.


As more tillers were abused, exploited and deprived of their rights, the revolution of peasants and farmers in 1896 articulated their aspira-

tions for agrarian reform and for a just society. Women also fought for freedom and played an important role in the planning and implement-

ing the activities of the revolutionary movements. The revolutionary government confiscated the large landed estates, especially the friar lands and declared these as properties of the govern-

ment. (Malolos Constitution, 1896, Article XVII). American Regime - “Long live America!”

Significant legislations enacted during the American Period include

the following:

Philippine Bill of 1902 – Set the ceilings on the hectarage of

private individuals and corporations may acquire: 16 has. for

private individuals and 1,024 has. for corporations.

Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration of land titles under the Torrens

system.

Public Land Act of 1903 – introduced the homestead system in the Philippines.

Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated

relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands.

The Torrens system, which the Americans instituted for the

registration of lands, did not solve the problem completely. Either they were not aware of the law or if they did, they could not pay the survey cost and other fees required in applying for a Torrens title.

Commonwealth Period - “Government for the Filipinos”

President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon.

Significant legislations enacted during Commonwealth Period include the following:

1935 Constitution – "The promotion of social justice to ensure the

well-being and economic security of all people should be the concern of the State"

Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act

No. 4045), Nov. 13, 1936 – Provided for certain controls in the landlord-tenant relationships

National Rice and Corn Corporation (NARIC), 1936 – Established

the price of rice and corn thereby help the poor tenants as well as consumers.

Commonwealth Act. No. 461, 1937 – Specified reasons for the

dismissal of tenants and only with the approval of the Tenancy


Division of the Department of Justice. Rural Program Administration created March 2, 1939 – Provided

the purchase and lease of haciendas and their sale and lease to the tenants.

Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement Administration with a capital stock of P20,000,000.

Japanese Occupation - “The Era of Hukbalahap” The Second World War II started in Europe in 1939 and in the

Pacific in 1941. Hukbalahap controlled whole areas of Central Luzon; landlords

who supported the Japanese lost their lands to peasants while those who supported the Huks earned fixed rentals in favor of the tenants.

Unfortunately, the end of war also signaled the end of gains acquired by the peasants. Upon the arrival of the Japanese in the Philippines in 1942,

peasants and workers organizations grew strength. Many peasants took up arms and identified themselves with the anti-Japanese group, the

HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon). Philippine Republic – “The New Republic”

After the establishment of the Philippine Independence in 1946, the problems of land tenure remained. These became worst in certain

areas. Thus the Congress of the Philippines revised the tenancy law.

President Manuel A. Roxas (1946-1948) enacted the following laws:

Republic Act No. 34 - Established the 70-30

sharing arrangements and regulating share-tenancy contracts.

Republic Act No. 55 - Provided for a more effective

safeguard against arbitrary ejectment of tenants.

Elpidio R. Quirino (1948-1953) enacted the following law:

Executive Order No. 355 issued on October 23,

1950 - Replaced the National Land Settlement Administration with Land Settlement Development

Corporation (LASEDECO) which takes over the responsibilities of the Agricultural Machinery

Equipment Corporation and the Rice and Corn Production Administration.


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President Ramon Magsaysay (1953-1957) enacted the following laws:

Republic Act No. 1160 of 1954 - Abolished the

LASEDECO and established the National Resettlement and Rehabilitation Administration

(NARRA) to resettle dissidents and landless farmers. It was particularly aimed at rebel

returnees providing home lots and farmlands in Palawan and Mindanao.

Republic Act No. 1199 (Agricultural Tenancy Act

of 1954) - governed the relationship between

landowners and tenant farmers by organizing share-tenancy and leasehold system. The law provided the security of tenure of tenants. It

also created the Court of Agrarian Relations.

Republic Act No. 1400 (Land Reform Act of 1955) - Created the Land

Tenure Administration (LTA) which was responsible for the acquisition and distribution of large tenanted rice and corn lands over 200 hectares for individuals and 600 hectares for corporations.

Republic Act No. 821 (Creation of Agricultural Credit Cooperative

Financing Administration) - Provided small farmers and share tenants loans with low interest rates of six to eight percent.

President Carlos P. Garcia (1957-1961)

He continued the programs of President Ramon Magsaysay. There was no new legislation passed.

President Diosdado P. Macapagal (1961-1965) enacted the following law:

Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform

Code) - Abolished share tenancy, institutionalized leasehold, set retention limit at 75

hectares, invested rights of preemption and redemption for tenant farmers, provided for an administrative machinery for implementation,

institutionalized a judicial system of agrarian cases, incorporated extension, marketing and supervised credit system of services of farmer

beneficiaries. The RA was hailed as one that would emancipate Filipino farmers

from the bondage of tenancy. President Ferdinand E. Marcos (1965-1986)

Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society. Five days after the proclamation of Martial Law, the

entire country was proclaimed a land reform area and simultaneously

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the Agrarian Reform Program was decreed. President Marcos enacted the following laws:

Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 - Created the Department

of Agrarian Reform and the Agrarian Reform Special Account Fund. It strengthen the position of farmers and expanded the scope of agrarian reform.

Presidential Decree No. 2, September 26, 1972 - Declared the country under land reform program. It

enjoined all agencies and offices of the government to extend full cooperation and assistance to the

DAR. It also activated the Agrarian Reform Coordinating Council. Presidential Decree No. 27, October 21, 1972 - Restricted land

reform scope to tenanted rice and corn lands and set the retention

limit at 7 hectares.

President Corazon C. Aquino (1986-1992)

The Constitution ratified by the Filipino people

during the administration of President Corazon C. Aquino provides under Section 21 under Article II that “The State shall promote comprehensive rural

development and agrarian reform.” On June 10, 1988, former President Corazon C.

Aquino signed into law Republic Act No. 6657 or otherwise known as the Comprehensive Agrarian

Reform Law (CARL). The law became effective on June 15, 1988. Subsequently, four Presidential issuances were

released in July 1987 after 48 nationwide consultations before the actual law was enacted. President Corazon C. Aquino enacted the

following laws:

Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified farmer-beneficiaries covered by PD 27. It also determined

the value remaining unvalued rice and corn lands subject of PD 27 and provided for the manner of payment by the FBs and mode of

compensation to landowners.

Executive Order No. 229, July 22, 1987 – Provided mechanism for the implementation of the Comprehensive Agrarian Reform Program

(CARP).

Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major program of the government. It provided for a special fund

known as the Agrarian Reform Fund (ARF), with an initial amount of Php50 billion to cover the estimated cost of the program from 1987

to 992.

Executive Order No. 129-A, July 26, 1987 – streamlined and


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expanded the power and operations of the DAR.

Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) – An act which became effective June 15, 1988 and

instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its

implementation and for other purposes. This law is still the one being implemented at present.

Executive Order No. 405, June 14, 1990 – Vested in the Land Bank

of the Philippines the responsibility to determine land valuation and compensation for all lands covered by CARP.

Executive Order No. 407, June 14, 1990 – Accelerated the

acquisition and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain

suitable for agriculture.

President Fidel V. Ramos (1992-1998)

When President Fidel V. Ramos formally took over in 1992, his administration came face-to-face

with the public who have lost confidence in the agrarian reform program. His administration

committed to the vision, “Fairer, faster and more meaningful implementation of the Agrarian Reform

Program.” President Fidel V. Ramos enacted the following laws:

Republic Act No. 7881, 1995 – Amended certain

provisions of RA 6657 and exempted fishponds and prawns from the coverage of CARP.

Republic Act No. 7905, 1995 – Strengthened the implementation of

the CARP.

Executive Order No. 363, 1997 – Limits the type of lands that may be converted by setting conditions under which limits the type of

lands that may be converted by setting conditions under which specific categories of agricultural land are either non-negotiable for

conversion or highly restricted for conversion.

Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – Plugged the legal loopholes in land use

conversion.

Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50 billion for CARP and extended its implementation

for another 10 years. President Joseph E. Estrada (1998-2000)

“ERAP PARA SA MAHIRAP’ -- This was the battle cry that endeared President Joseph Estrada and made him very popular during the 1998

presidential election.

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President Joseph E. Estrada initiated the enactment of the following law:

Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the voluntary consolidation of

small farm operation into medium and large-scale integrated enterprise that can access long-term capital.

During his administration, President Estrada launched the Magkabalikat Para sa Kaunlarang Agraryo

or MAGKASAKA. The DAR forged into joint ventures with private investors into agrarian sector to make FBs competitive.

However, the Estrada Administration was short lived. The masses who put him into office demanded for his ouster.

President Gloria Macapacal-Arroyo (2000-2010)

The agrarian reform program under the Arroyo

administration is anchored on the vision “To make the countryside economically viable for the Filipino family by

building partnership and promoting social equity and new economic opportunities towards lasting peace and sustainable rural development.”

Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition and

distribution component of CARP. The DAR will improve land tenure system through land distribution and

leasehold. Provision of Support Services - CARP not only involves the

distribution of lands but also included package of support services

which includes: credit assistance, extension services, irrigation facilities, roads and bridges, marketing facilities and training and

technical support programs. Infrastructure Projects - DAR will transform the agrarian reform

communities (ARCs), an area focused and integrated delivery of support services, into rural economic zones that will help in the creation of job opportunities in the countryside.

KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also launched. These zones consists of one or more municipalities

with concentration of ARC population to achieve greater agro-productivity.

Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more paralegal officers to support undermanned adjudicatory boards and introduce quota system to compel

adjudicators to work faster on agrarian reform cases. DAR will respect the rights of both farmers and landowners.


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President Benigno Aquino III (2010-2016)

President Benigno Aquino III vowed during his

2012 State of the Nation Address that he would complete before the end of his term the Comprehensive

Agrarian Reform Program (CARP), the centerpiece program of the administration of his mother, President Corazon Aquino.

The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac. Apart from the said

farm lots, he also promised to complete the distribution of privately-owned lands of productive

agricultural estates in the country that have escaped the coverage of the program.

Under his administration, the Agrarian Reform Community

Connectivity and Economic Support Services (ARCCESS) project was created to contribute to the overall goal of rural poverty reduction

especially in agrarian reform areas. Agrarian Production Credit Program (APCP) provided credit support

for crop production to newly organized and existing agrarian reform beneficiaries’ organizations (ARBOs) and farmers’ organizations not qualified to avail themselves of loans under the regular credit windows

of banks. The Legal Case Monitoring System (LCMS), a web-based legal

system for recording and monitoring various kinds of agrarian cases at the provincial, regional and central offices of the DAR to ensure faster

resolution and close monitoring of agrarian-related cases, was also launched. Aside from these initiatives, Aquino also enacted Executive Order

No. 26, Series of 2011, to mandate the Department of Agriculture, Department of Environment and Natural Resources and Department of

Agrarian Reform Convergence Initiative to develop a National Greening Program in cooperation with other government agencies.

President Rodrigo Roa Duterte (2016 to present)

Under his leadership, the President wants to pursue an “aggressive” land reform program that

would help alleviate the life of poor Filipino farmers by prioritizing the provision of support

services alongside land distribution. The President directed the DAR to launch the 2nd phase of agrarian reform where landless

farmers would be awarded with undistributed lands under the Comprehensive Agrarian Reform

Program (CARP).

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Duterte plans to place almost all public lands, including military reserves, under agrarian reform.

The President also placed 400 hectares of agricultural lands in Boracay under CARP.

Under his administration the DAR created an anti-corruption task force to investigate and handle reports on alleged anomalous activities by officials and employees of the department.

The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in relation to agrarian justice delivery of the agrarian

reform program to fast-track the implementation of CARP. AGRARIAN REFORM DEFINED

Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are

landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the

beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor

administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work.(Sec.3 (a), R.A. No. 6657)

Gleaned from the foregoing definition, agrarian reform is not confined to distribution of lands to landless farmers and regular

farmworkers – it includes other alternative modes, such as: (a) labor administration; (b) profit – sharing; and (c) stock distribution. The

reason is because to confine agrarian reform to land distribution is simply not feasible, considering, there is not enough agricultural land that can be distributed to every farmer or regular farmworker.

However, under Presidential Decree. No. 27, Land Reform refers to land distribution restricting the scope of land reform to tenanted private

agricultural lands primarily devoted to rice and corn lands operating under a system of share-crop or lease tenancy whether classified as

landed estate or not. and set the retention limit at 7 hectares. Having said that, the land coverage of RA 6657 is different from Presidential Decree No. 27 because the former covers ALL agricultural

lands while the latter covers Private agricultural lands (primarily devoted to rice and corn). It also differs with respect to the retention

limits of the land; the former is limit is five hectares while the latter is seven hectares.

Constitutional or Unconstitutional

Article XIII, Section 4 of the 1987 Constitution provides that the State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own

directly or collectively the lands they till or, in the case of other


farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all

agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, considering ecological,

developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide

incentives for voluntary land-sharing. The Comprehensive agrarian reform law is constitutional because

it is a valid exercise of police power. PURPOSE AND APPLICATION OF AGRARIAN REFORM

The primary purpose of agrarian reform is to divide agricultural lands and transform them into economic – size farms to be owned by

the farmers themselves, in view of uplifting their socio – economic

status.

Economic family – size farm means an area of farm land that permits efficient use of labor and capital resources of the farm family

and will produce an income sufficient to provide a modest standard of living to meet a farm family’s needs for food, clothing, shelter and education with possible allowance for payment of yearly installments on

the land, and reasonable reserves to absorb yearly fluctuations in income.

However, the Comprehensive Agrarian Reform Law does not apply to lands classified as residential, commercial, industrial, mineral, or

forest land but ONLY APPLIES to agricultural land. Agricultural land, on the other hand, refers to land devoted to agricultural activity and not classified as mineral, forest, residential,

commercial or industrial land. It contemplates lands that are arable and suitable for farm.

Question: How about the lands devoted to raising livestock, poultry, or fish? Is it considered in the term “agriculture”?

Answer: NO, Lands devoted to raising of livestock, poultry, and swine are classified as industrial, not agricultural, hence, exempt from the agrarian reform program.

The inclusion of lands devoted to raising of livestock, poultry, and

swine within the term “agriculture” is incorrect because in livestock, poultry, or swine farming, no land is tilled, and no crop is harvested.

Land is not the primary resource in raising of livestock, poultry, or even swine. Livestock, poultry, or swine do not sprout from the land, hence, they are not “fruits of the land”.

Moreover, any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands

devoted to agriculture, including disputes concerning farmworkers'


associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of

such tenurial arrangements is called agrarian disputes. It includes any controversy relating to compensation of lands

acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate

relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

LANDS COVERED BY THE AGRARIAN REFORM LAW AND ITS EXCLUSIONS

The comprehensive Agrarian Reform Law, generally covers all public and private agricultural lands, including other lands of the

public domain suitable for agriculture. More specifically the following lands:

(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral

lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by

law, the specific limits of the public domain.

(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph;

(c) All other lands owned by the Government devoted to or suitable

for agriculture; and

(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

On the contrary, the following lands are not covered:

(a) Private lands with a total area of five (5) hectares and below;

(b) Lands actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, reforestation, fish

sanctuaries and breeding grounds, watersheds, and mangroves,

(c) Lands actually, directly and exclusively used and found to be necessary national defense, school sites and campuses including

experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto,

mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms

actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%)

slope and over, except those already developed;


(d) Private lands actually, directly and exclusively used for prawn farms and fishponds.

Therefore, we now conclude that if the land is one of those

abovementioned not covered, the agrarian reform law does not apply but only to those land that are specifically mentioned.

ANCESTRAL LAND DEFINED; AS EXEMPTIONS; JURISDICTION TO EXEMPT PROPERTY

Ancestral land refers to the lands of the indigenous cultural community that includes, but not be limited to, lands in the actual,

continuous and open possession and occupation of the community and its members. It is the land occupied, possessed and utilized by

individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,

continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence

of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not

limited to, residential lots, rice terraces or paddies, private forests, and tree lots; land of the public domain. Furthermore, ancestral lands are considered as exemption from

the coverage of the agrarian reform program because it respects and recognizes the system of land ownership, land use and mode of settling

land disputes of all indigenous cultural communities, in line with the principle of self-determination and autonomy.

In addition, lands actually, directly, and exclusively used and found necessary for school cites are exempted from the coverage of the agrarian reform for the reason that the School is in the best position to

determine whether or not the land is necessary for use as school site. Furthermore, the jurisdiction to exempt or to exclude a property from

agrarian reform coverage is vested to the Secretary of Agrarian Reform. Commercial Farming

Commercial farm are private

agricultural lands devoted to saltbeds,

fishponds and prawn ponds, fruit farms, orchards, vegetable and

cut-flower farms, and cacao, coffee and rubber plantations.

Acquisition of commercial farms may be done through voluntary offer to sell (VOS), Compulsory Acquisition

(CA), or Direct payment scheme (DPS). Consequently, commercial farms may https://www.google.com/search?q=commercial+farming&rlz=1C1CHBD_enPH767PH767&source=l nms&tbm=

isch&sa=X&ved=0ahUKEwjquZ6-6ZDjAhVMeXAKHRvjBrUQ_AUIECgB&biw=1093&bih=486#imgrc=cJk-kTAnM3RMWM:


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be distributed individually or collectively. Individual beneficiaries are entitled to three (3) hectares each or a minimum of one (10) hectare

each, if the land is insufficient to accommodate them. If it is not economically feasible and sound to divide the beneficiaries will be

obliged to form a worker’s cooperation or association. However, the order of priority shall be observed in the distribution in the following order:

a) Agricultural lessees and share tenants; b) Regular farm workers;

c) Seasonal farm workers; d) Other farm workers;

e) Actual tillers or occupants of public lands; f) Collectives or cooperatives of the above beneficiaries; and g) Other directly working on the land.

Moreover, for one to be considered a qualified commercial farm beneficiary the following qualifications must be present:

a) Must be 18 years old at the time of the filing of the application as a beneficiary;

b) Must have the willingness, aptitude, and ability to cultivate and make the land productive; and

c) Must have been employed in the commercial farm between June

15, 1988 and June 15, 1998 or upon the expiration of the deferment.

Take note, however that the compulsory acquisition and distribution has been deferred for ten (10) years from the effectivity of

the Act (June15, 1988) for farms already existing when the law took effect and in the case of new farms, from the first year of commercial production and operation, as determined by the DAR. Also farm workers

who have worked the longest on the land continuously will be given priority.

On the contrary, the following are disqualified from becoming a commercial farm beneficiary:

a) Those who have mandatorily retired from service; b) Those who have optionally retired from service; c) Those who have resigned from working in the farm;

d) Those who have been Dismissed for cause by final judgment as prescribed under labor laws;

e) Those who have Waive or refuse to be a beneficiary; and f) Those who have committed violation of agrarian reform laws and

regulations as determined with finality after proper proceedings by appropriate tribunal or agency.

Criteria for the Awards of Retention in Commercial Farms

The following are the criteria for the awards of retention:


a) The land is a private agricultural land; b) The area is compact and contiguous, and the least prejudicial to

the entire landholding and the majority of farmers therein; c) The Landowner shall execute an affidavit as to the aggregate area

of his landholding in the entire Philippines; d) The Landowner shall also submit a list of his children which are

at least 15 years of age and above, who are actually cultivating the

land or directly managing the farm since 6/15/1988 for identification of the preferred beneficiaries, as well as evidence

thereof. e) The Landowner shall also to execute an affidavit stating the

names of all farmers, agricultural lessees and share tenants, regular farmworkers, seasonal farmworkers, other farmworkers, actual tillers or occupants, and/or other persons directly working

on the land; if there are no such persons, a sworn statement attesting to such fact.

Furthermore, the right of retention is granted to the owners of commercial farms, whether individual or corporate pursuant to Section

6 of R.A. 6657. The landowner may choose the area to be retained, provided it is compact and contiguous, and shall be the least prejudicial to the entire landholdings and the majority of farmers therein. He can

exercise his right to retain any time before receipt of the notice of coverage, any time before the landholding is subject to schedule of

implementation under CARP coverage. If it is under the CA scheme, within 60 days from the receipt of notice of coverage and if under the

VOS/VLT or DPS schemes, simultaneous with the offer to sell or transfer. Consequently, the obligation of the landowner over the retained

lands are as follows: a) To cultivate the land directly or thru labor administration;

b) To make it productive; c) To respect the security of tenure of the farmers or farmworkers on

the land prior to the approval of RA 6657; d) To retain the actual tenant farmers in the landholdings; and e) To register within 3 months after 6/15/1988 all transactions such

as sale, disposition, lease or transfer with the Regional Director (RD) to be valid.

In addition, beneficiaries of distributed commercial farms shall

have full freedom to choose the type of agribusiness venture arrangement that will maintain the economic viability and productivity of the farm, the freedom to market their products or enter into

appropriate marketing arrangements, and the freedom to avail of the services of individuals, associations or non-government organizations

who will assist them in negotiating for the most advantageous


agribusiness venture arrangement, enterprise development, and capability building to wit:

The following are the types agribusiness venture arrangements which commercial farm beneficiaries or their cooperatives may enter;

a) Build – Operate – Transfer Scheme b) Contract Growing/Growership Arrangement c) Joint Venture Arrangement

d) Lease Agreement e) Management Contract

Firstly, Build-Operate-Transfer (BOT) Scheme is a contractual arrangement entered into, whereby the project proponent undertakes

the construction, including financing, of a given infrastructure facility and the operation and maintenance thereof for an agreed period of time, but not to exceed twenty-five (25) years, subject to extension pursuant

to R.A. 6947, as amended. Secondly, Contract Growing Arrangement is an agribusiness

arrangement whereby the ARBs own the land and commit, either collectively through their cooperative or individually, to produce certain

crops for an investor or agribusiness firm that contracts to buy the produce at pre-arranged terms. Thirdly, Joint Venture Agreement is an agribusiness venture

whereby a company is organized and co-owned by an investor and the agrarian reform beneficiaries through their cooperatives or associations.

The investor may provide the management and marketing skills, technology infrastructure, and capital while the ARBs' contribution/

participation in the joint venture includes labor, the usufructuary rights to the land, and capital, infusion, if available. Fourthly, Lease Arrangement is an agribusiness scheme whereby

the ARB's, through their cooperative or farmworkers' association, enter into a contract of lease with the landowner/investor. The lessee shall

have farm control and operations within an agreed period but not to

exceed ten (10) years, subject to extension upon mutual agreement of

both parties. The lease rental shall not be less than the amortization to be paid by the ARBs to the Land Bank of the Philippines (LBP) pursuant to DAR Administrative Order No. 6, Series of 1998, and other pertinent

laws, rules and regulation. Lastly, Management Contract is an agribusiness arrangement

whereby the ARBs, or their cooperative/organization, hire the services of the landowner or an investor to manage and operate the farm in

exchange for fixed wages or commission. Determination of Lease Rentals

In order to protect and improve the tenurial and economic status of the farmers in tenanted lands under the retention limit and lands not

yet acquired under this Act, the DAR is mandated to determine and fix


http://www.lis.dar.gov.ph/documents/394

immediately the lease rentals thereof in accordance with Section 34 of Republic Act No. 3844, as amended:

provided, that the DAR shall immediately and periodically review and adjust the rental structure for different crops, including rice

and corn, or different regions in order to improve progressively the conditions of the farmer, tenant or lessee.

The following are the fixed rentals: a) The lease rental for sugarcane lands shall be not more than

twenty five percent (25%) of average normal harvest less the value of the cost of seeds/cane points, harvesting (cutting), loading,

hauling, and/or trucking fee, and cost of processing, pursuant to Section 34 of R.A. No. 3844.

b) The lease rental for the coconut lands shall not be more than twenty-five percent (25%) of the average normal harvest for a specific area for the preceding three (3) calendar years less the

value of production cost; c) The lease rentals for lands devoted to rice and other crops shall

be twenty five percent (25%) of the normal harvest after deducting the amount used for seeds and the cost of harvesting, or

threshing. If if there has been no normal harvests, then the estimated normal harvest during the three (3) agricultural years immediately preceding the date the lease hold was established.

Production Sharing Plan

Any enterprise adopting the scheme provided for in Section 32 of R.A 6657 or operating under a production venture, lease, management

contract or other similar arrangement and any farm covered by Sections 8 and 11 of R.A. 6657 is hereby mandated to execute within ninety (90) days from the effectivity of this Act, a production-sharing plan, under

guidelines prescribed by the appropriate government agency. Hence, Production Sharing Plan applies only to Commercial Farms, Farms

operating under a production venture, lease, management contract or other similar arrangements, and Farms leased by multinational

companies. Registration of Landowners

Generally, all persons, natural or juridical, including government entities, that own or claim to own agricultural lands, whether in their

names or in the name of others shall file a sworn statement within one hundred eighty (180) days from the effectivity of this Act in the proper

assessor's office in the form to be prescribed by the DAR, stating the following information:

(a) the description and area of the property;

(b) the average gross income from the property for at least three (3) years;


(c) the names of all tenants and farmworkers therein;

(d) the crops planted in the property and the area covered by each crop as of June 1,

1987; (e) the terms of mortgages, lease, and

management contracts subsisting as of

June 1, 1987, and (f) the latest declared market value of the

land as determined by the city or provincial assessor.

Except those who have already registered pursuant to Executive Order No. 229, who shall

be entitled to such incentives as may be provided for the PARC.

Registration of Beneficiaries On the other hand, The DAR in coordination with the Barangay

Agrarian Reform Committee (BARC) as organized in this Act, shall register all agricultural lessees, tenants and farmworkers who are

qualified to be beneficiaries of the CARP. These potential beneficiaries with the assistance of the BARC and the DAR shall provide the following

data: (a) names and members of their immediate farm household; (b) owners or administrators of the lands they work on and the

length of tenurial relationship; (c) location and area of the land they work;

(d) crops planted; and (e) their share in the harvest or amount of rental paid or wages

received. A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the barangay hall, school or other

public buildings in the barangay where it shall be open to inspection by the public at all reasonable hours.

The reason for such registration of landowners is for the

Department of Agrarian Reform to identify the owners of the lands and

to be able to assess whether such land is covered and effectively implement the program. While, the reason for the registration of

beneficiaries is to have data records of potential and qualified beneficiaries. Procedure for Acquisition of Private Lands

For purposes of acquisition of private lands, the following

procedures shall be followed:


Photo from kittlesoncarpo.com & snappedandscribbled.com

(a) After having identified the land, the landowners and the beneficiaries, the DAR shall send its notice to acquire the land to

the owners thereof, by personal delivery or registered mail, and post the same in a conspicuous place in the municipal building

and barangay hall of the place where the property is located. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance with the valuation set forth in Sections 17,

18, and other pertinent provisions hereof. (b) Within thirty (30) days from the date of receipt of written notice

by personal delivery or registered mail, the landowner, his administrator or representative shall inform the DAR of his

acceptance or rejection of the offer. (c) If the landowner accepts the offer of the DAR, the Land Bank of

the Philippines (LBP) shall pay the landowner the purchase price

of the land within thirty (30) days after he executes and delivers a deed of transfer in favor of the government and surrenders the

Certificate of Title and other muniments of title. (d) In case of rejection or failure to reply, the DAR shall conduct

summary administrative proceedings to determine the compensation for the land requiring the landowner, the LBP and other interested parties to submit evidence as to the just

compensation for the land, within fifteen (15) days from the receipt of the notice. After the expiration of the above period, the

matter is deemed submitted for decision. The DAR shall decide the case within thirty (30) days after it is submitted for decision.

(e) Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the

compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take immediate possession of the land and

shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the

Philippines. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries.

(f) Any party who disagrees with the decision may bring the matter

to the court of proper jurisdiction for final determination of just compensation.

Hence, it is important to note that for a law to be considered validly implemented, the elements of due process must be present, which is

notice and hearing, failure to do so will render such enforcement null and void. Under the law, there are two notices that must be given to the landowner. First, is the Notice of coverage pursuant to DAR

Administrative Order No. 12, series of 1989; and second, Notice of Acquisition Pursuant to Section 16 of R.A. 6657. Likewise, before any

title an ownership is transferred to the Government, just compensation


must be given to the landowners in full payment as determined by the court of proper jurisdiction.

DETERMINATION OF JUST COMPENSATION

Just Compensation refers to the full and fair equivalent of the property taken; the fair market value of the property. It embraces not

only the correct determination of the amount to be paid to the owners of the land but also the

payment for the land. The measure is not the taker’s gain, but the owner’s loss.

In determining just compensation, the cost of acquisition of the land, the current value of the like properties, its nature, actual use and income, the

sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. The social and

economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes

or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. The determination of just compensation under the Comprehensive

Agrarian Reform Law commences with the Land Bank determining the value of the lands. Using the Land Bank’s valuation, the Department of

Agrarian Reform makes an offer to the landowner. In case the landowner rejects the offer, the Department of Agrarian Reform

conducts a summary administrative proceeding to determine the compensation for the land by requiring the landowner, the Land Bank and other interested parties to submit evidence as to the just

compensation. The just compensation payment can only be source from the agrarian reform fund and if the fund is insufficient, payment shall

be charged against the debt service program of the national government or any unprogrammed item in the General Appropriation Act.

Furthermore, a party who disagrees with the decision of adjudicator may bring the matter to the Regional Trial Court designated as a Special Agrarian Court for final determination of just compensation.

Valuation and Mode of Compensation

The LBP shall compensate the landowner in such amounts as may be agreed upon by the landowner and the DAR and the LBP, in

accordance with the criteria provided for in Sections 16 and 17 of R.A. 6657, and other pertinent provisions, or as may be finally determined by the court, as the just compensation for the land.

The compensation shall be paid on one of the following modes, at the option of the landowner:


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093&bih=486#imgrc=Ops7579SoeEezM:

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1) Cash payment, under the following terms and conditions:

(2) Shares of stock in government-owned or controlled corporations,

LBP preferred shares, physical assets or other qualified investments

in accordance with guidelines set by the PARC; (3) Tax credits which can be used against any tax liability;

(4) LBP bonds, which shall have the following features: (a) Market interest rates aligned with 91-day treasury bill rates. Ten

percent (10%) of the face value of the bonds shall mature every year

from the date of issuance until the tenth (10th) year: provided, that should the landowner choose to forego the cash portion, whether in

full or in part, he shall be paid correspondingly in LBP bonds; (b) Transferability and negotiability. Such LBP bonds may be used

by the landowner, his successors in interest or his assigns, up to the amount of their face value, for any of the following:

(i) Acquisition of land or other real properties of the

government, including assets under the Asset Privatization Program and other assets foreclosed by government financial institutions in

the same province or region where the lands for which the bonds were paid are situated;

(ii) Acquisition of shares of stock of government-owned or -controlled corporations or shares of stocks owned by the government in private corporations;

(iii) Substitution for surety or bail bonds for the provisional release of accused persons, or performance bonds;

(iv) Security for loans with any government financial institution, provided the proceeds of the loans shall be invested in

an economic enterprise, preferably in a small-and medium-scale industry, in the same province or region as the land for which the bonds are paid;

(v) Payment for various taxes and fees to government; provided, that the use of these bonds for these purposes will be

limited to a certain percentage of the outstanding balance of the financial instruments: provided, further, that the PARC shall

determine the percentage mentioned above;

(a) For lands above fifty (50)

hectares, insofar as the excess hectarage is concerned.

Twenty-five percent (25%) cash, the balance

to be paid in government financial instruments negotiable at any time.

(b) For lands above twenty-four

(24) hectares and up to fifty (50) hectares.

Thirty percent (30%) cash, the balance to be

paid in government financial instruments negotiable at any time.

(c) For lands twenty-four (24)

hectares and below.

Thirty-five percent (35%) cash, the balance to

be paid in government financial instruments negotiable at any time.


(vi) Payment for tuition fees of the immediate family of the original bondholder in government universities, colleges, trade

schools, and other institutions; (vii) Payment for fees of the immediate family of the original

bondholder in government hospitals; and (viii) Such other uses as the PARC may from time to time

allow.

In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy.

Meanwhile, the factors in the valuation of lands are as follows:

a) Capitalized Net Income which is based on land use and productivity;

b) Comparable Sales which is based 70% of the BIR zonal value; and

c) Market Value which is based on the Tax Declaration. When Landowners, other than banks and other financial

institutions voluntarily offer their lands for sale, an additional five percent (5%) cash payment is given. Landowners of agricultural lands

may enter into a voluntary arrangement for direct transfer of their lands to qualified beneficiaries subject to the following guidelines:

(a) All notices for voluntary land transfer must be submitted to the

DAR within the first year of the implementation of the CARP. Negotiations between the landowners and qualified beneficiaries

covering any voluntary land transfer which remain unresolved after one (1) year shall not be recognized and such land shall

instead be acquired by the government and transferred pursuant to this Act.

(b) The terms and conditions of such transfer shall not be less

favorable to the transferee than those of the government's standing offer to purchase from the landowner and to resell to

the beneficiaries, if such offers have been made and are fully known to both parties.

(c) The voluntary agreement shall include sanctions for non-compliance by either party and shall be duly recorded and its implementation monitored by the DAR.

However, Voluntary land transfer was only allowed up to June 30, 2009. At present the modes of acquisition are limited to voluntary offer

to sell and compulsory acquisition. In addition, the farmer beneficiary pays the agreed price of the land directly to the landowner.

LAND REDISTRIBUTION Qualified Beneficiaries

General Qualifications. All agrarian reform beneficiaries must be: Land-less as defined by R.A. No. 6657, as amended, to wit:

He must be Filipino citizen;


He is a permanent resident of the barangay and/or municipality where the landholding is located as provided under Section 22 of

R.A. No. 6657, as amended. He is at least fifteen (15) years of age at the time of identification,

screening and selection of farmer-beneficiaries; and Willing, able, and equipped with the aptitude to cultivate and

make the land productive.

In addition to the abovementioned requisites, the applicant must have been employed as of June 15, 1988 in the landholding covered

under CARP for Farmworkers in Commercial Farms and Plantations. However, all farmworkers who are holding managerial or supervisory

positions as of June 15, 1988 shall NOT QUALIFY as Agrarian Reform Beneficiaries (ARB). Nevertheless, farmworkers who were promoted to managerial or supervisory positions after they were identified, screened

and selected shall remain as qualified ARBs. Order of priority of qualified beneficiaries

Qualified beneficiaries shall be prioritized as follows:

a) Fifteen years old of age who actually tills the land or directly managing the farm;

b) agricultural lessees and share tenants;

c) regular farmworkers; d) seasonal farmworkers;

e) other farmworkers; f) actual tillers or occupants of public lands;

g) collectives or cooperatives of the above beneficiaries; and h) others directly working on the land.

Take note that pursuant to Sec. 22 of R.A. 6657, children of the

landowners enjoy preference among others. Thereafter, it will accommo-date (b) agricultural lessees to (h) others directly working on the land in

that order. Grounds of Disqualifications

The following are grounds for disqualification in the identification of ARBs of the CARP:

(a) Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657, as amended;

(b) Execution of a waiver of right to become an ARB in exchange for due compensation and such waiver has not been questioned in the

proper government entity as of the approval of this Order; (c) Non-payment of an aggregate of three (3) annual amortizations

and failure to exercise the right of redemption/repurchase within two (2) years resulting in the foreclosure of mortgage by the LBP of a previously awarded land;


(d) Deliberate non-payment of three (3) annual amortizations to the landowner (LO) resulting in the repossession by the landowner

(in the case of voluntary land transfer/direct payment scheme or VLT/DPS) of the awarded land;

(e) Dismissal from the service for cause upon a judgment that is final and executory (and there is no case filed questioning said dismissal) as of the approval of this Order and if there is any

such case, the same has been affirmed with finality by the proper entity of government;

(f) Obtaining a substantially equivalent and regular employment, as defined in Item III (9) of this Order;

(g) Retirement from the service, whether optional or mandatory, or voluntary resignation, provided this was not attended by coercion and/or deception, and there is no case questioning said

retirement or voluntary resignation by the applicant as of the date of approval of this Order;

(h) Misuse or diversion of financial support services extended by government (Section 37 of R.A. No. 6657, as amended);

(i) Negligence or misuse of the land or any support extended by government (Section 22 of R.A. No. 6657, as amended);

(j) Material misrepresentation of the ARB's basic qualifications as

provided for under Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws;

(k) Sale, disposition, or abandonment of the lands awarded by government under CARP or P.D. No. 27 which is violative of the

agrarian laws; (l) Conversion of agricultural lands to non-agricultural use without

prior approval from the DAR;

(m) Final judgment for forcible entry into the property or for unlawful detainer; and IDETCA

(n) Commission of any violation of the agrarian reform laws and regulations, or related issuances, as determined with finality

after proper proceedings by the appropriate tribunal or agency. Only after the agricultural lessees and share tenants, and regular

farmworkers have each been awarded three (3) hectares pursuant to Section 8 of R.A. No. 9700, shall other qualified beneficiaries such as

seasonal farmworkers, other farmworkers, actual tillers/occupants of public lands, collectives or cooperatives of the above beneficiaries, and

others directly working on the land, be accommodated. The child of a Landowner (LO) shall be given preference in the distribution of his/her parent's land pursuant to existing rules and

regulations on award to children of LOs provided he/she meets all of the following criteria:

(a) Filipino citizen;


(b) At least fifteen (15) years of age; and (c) Actual tiller or directly managing the farm as of the time of the

conduct of field investigation of the landholding under CARP. However, only untenanted portions of the landholding may be

subject to award to qualified children of the LO and actual tenant-tillers in the landholding shall not be ejected or removed therefrom. An LO's child cannot claim that he/she is directly managing the farm or a

specific area of tillage, if the same has tenants or lessees, considering that the tenants on the land have the right to directly manage the land

or area of tillage with the obligation to pay the LO lease rental therefor. Regarding the distribution limit of agricultural land that can be

awarded and owned by an agrarian reform beneficiary the maximum area is three (3) hectares. Thus, if a farm worker or tenant owns one (1) hectare of agricultural land, he can still be awarded two (2) hectares. If

the landholding is insufficient to cover the three (3) hectare limit for each agricultural lessee or tenant, the area to be divided to them will be

based on the actual tillage by each of them, but if it is more than enough, the excess will be distributed to the ARB’s in the following

order of priority: a) seasonal farm workers; b) other farm workers; c) actual tillers or occupants of public lands; d) collectives or cooperatives of the above beneficiaries.

Certificate of Land Ownership Award (CLOA)

Title and ownership over the land can only be transferred to the

beneficiaries upon full payment of the just compensation to landowner. The CLOA shall only be issued upon full

payment of amortization by the farmer beneficiary.

As a result of the CLOA, an original or transfer certificate of title will be

issued. In case a cancellation of the CLOAs and other title issued under the

program, the Secretary of the Department of Agrarian Reform has

exclusive and original jurisdiction on those matters. Grounds for the Cancelation of CLOAs

CLOAs may be cancelled if the following grounds are present, to

wit: Abandonment of the Land; Neglect or misuse of land;

Failure to pay three (3) annual amortization; Misuse or diversion of financial and support services;

Sale, Transfer or conveyance of the right to use the land; and

https://www.google.com/search?q=certificate+of+land+ownership+award&rlz=1C1CHBD_enPH767PH767&sour ce=lnms&tb m=isch&sa=X&ved=0ahUKEwiMl7Hf-JDjAhVUPHAKHZKSDRsQ_AUIECgB&cshid=15618 887913091 77&b iw=1093 &bih=

486#imgdii=7ZAOelUArTQa3M:&imgrc=1Zu0-M1YPbqQgM:


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Illegal conversion Agrarian Reform Beneficiaries Obligations

The obligation of the ARB are as follows:

a) To exercise due diligence in the use, cultivation, and maintenance of the land, including improvements; and

b)To pay the Land Bank thirty (30) annual amortizations with six

percent (6%) interest per annum. The Land Bank can forfeit the landholding and award it to the

other qualified beneficiaries if the beneficiary fails to pay the annual amortization for three (3) times. Furthermore, forfeiting or foreclosing

the land will make the beneficiary permanently disqualified. The rights and responsibilities of the beneficiaries will start from the receipt of a duly registered CLOA and their actual physical

possession of the awarded land. Hence, the amortization will start one year FROM THE DATE OF THE REGISTRATION of the CLOA, otherwise

the one year shall be reckoned from constructive occupation of the land by the beneficiary if actual occupancy of the land takes place after the

registration of the CLOA. Generally, the land should be awarded individually and should be covered by an individual title, however, if the beneficiaries choose for

collective ownership like cooperative, collective ownership title may be issued. Provided, the following conditions are complied with namely:

a) The farm management system of the land covered is not appropriate for individual farming;

b) The farm labor system is specialized, where the farm workers are organized by functions;

c) The beneficiaries are currently not farming individual parcels but

collectively work on large contiguous area; and d) The farm consists of multiple crops being farmed in an integrated

manner or includes non- crop being farmed in an integrated manner or includes non – crop production areas packing plants,

storage areas, dikes, and other similar facilities that cannot be subdivided or assigned to individual farmers.

An emancipation Patent or CLOA must be indicated in the title of the land awarded.

Transferability of Awarded Land

Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed for a period of ten (10) years, except through hereditary succession, or to the government, or the LBP, or to other

qualified beneficiaries. Provided, however, that the children or the spouse of the transferor

shall have a right to repurchase the land from the government or LBP


within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the Barangay Agrarian Reform Committee

(BARC) of the barangay where the land is situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein

provided, shall, in turn, be given due notice thereof by the BARC. If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the

DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land

himself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the

manner specified in the immediately preceding paragraph. In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter

has already paid, together with the value of improvements he has made on the land.

It is worthy to note that beneficiary can lease the land to its former owner. But this can only be done after obtaining approval from the DAR

through PARCCOM. It can also sell or transfer his rights over the land to another even if it is not yet fully paid the amortization of the land under the following conditions:

a) It must first obtain the approval of the Department of Agrarian Reform;

b) The land should be sold only to an heir of the beneficiary or to any other qualified beneficiary; and

c) The transferee must undertake to cultivate the land himself, otherwise, the Land Bank will take the land for proper disposition;

The Land Bank will compensate the beneficiary (seller) in one lump

sum for the amounts he has already paid, together with the value of improvements he has made on the land if the following conditions of

sale and transfer has been complied with. Land Consolidation

The DAR shall carry out land consolidation projects to promote equal distribution of landholdings, to provide the needed infrastructures

in agriculture, and to conserve soil fertility and prevent erosion. Special Areas of Concern

As an integral part of the Comprehensive Agrarian Reform

Program, the following principles in these special areas of concern shall be observed:

a) Subsistence Fishing

b) Logging and Mining Concessions. c) Sparsely Occupied Public Agricultural Lands

d) Idle, Abandoned, Foreclosed and Sequestered Lands


e) Rural Women f) Veterans and Retirees

g) Agriculture Graduates Take note however, that farm settlements may be opened in the

areas of logging and mining concessions provided that the beneficiaries will undertake reforestation and conservation production methods; as well as sparsely occupied public agricultural lands for qualified landless

people pursuant to an organized program to ensure orderly development. On the other hand, Section 40 (5) of the CARL provides

that all qualified women members of the agricultural labor force are guaranteed and assured of the following rights in relation to support

services: Equal rights to ownership of the land; Equal shares of the farm’s produce; and

Representation in advisory or appropriate decision- making bodies. Financial Intermediary for the CARP

The financial intermediary for the CARP is the Land Bank of

the Philippines. Hence, LBP shall insure that the social justice objectives of the CARP shall enjoy a preference among its priorities. Conversion of lands

Conversion is the act of changing the current use of an agricultural

land into non – agricultural use as approved by the DAR. On the other hand, reclassification is the act of specifying how agricultural lands

shall be utilized for non – agricultural uses such as residential, industrial and commercial as embodied in the land use plan, subject to the requirements and procedures for land use conversion, A mere

reclassification of an agricultural land does not automatically allow a landowner to change its use. He must undergo the process of

conversion before he is permitted to use the agricultural land for other purposes.

The legal basis for the conversion of an agricultural land are as follows:

a) Section 65 of REPUBLIC ACT (R.A.) No. 6657, AS AMENDED;

b) DAR AO No. 1, Series of 2002; c) DOJ Opinion No. 44, SERIES of 1990;

d) Memorandum Circular No.1, Series of 2015; Owners of private agricultural lands or other persons duly

authorized by the landowner; Beneficiaries of the agrarian reform program after the lapse of five (5) years from award, reckoned from the date of the issuance of the Certificate of Land Ownership Award (CLOA),

and who have fully paid their obligations and are qualified under these Rules, or persons duly authorized by them; or Government agencies,

including government-owned or controlled corporations, and local


government units, which own agricultural land as their patrimonial property may apply for land conversion. Furthermore, the conversion of

the land is only allowed after the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for

agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes.

If the conversion application is granted, the beneficiary is required to invest 10% of the proceeds from the conversion in government

securities and pay the Land Bank the full price of the land upon conversion. In addition, the land will continue to be covered by the

CARP if the approved conversion plan is not implemented within five (5) years from approval.

Areas that are Non-Negotiable for Conversion. The following areas shall not be subject to conversion:

(a) Agricultural lands within protected areas designated under the National Integrated Protected Areas System (NIPAS), including

watershed and recharged areas of acquifers, as determined by the Department of Environment and Natural Resources (DENR);

(b) All irrigated lands, as delineated by the Department of

Agriculture (DA) and/or the National Irrigation Administration (NIA), where water is available to support rice and other crop

production, and all irrigated lands where water is not available for rice and other crop production but are within areas

programmed for irrigation facility rehabilitation by the DA and/or the NIA; prcd

(c) All irrigable lands already covered by irrigation projects with firm

funding commitments, as delineated by DA and/or NIA; and (d) All agricultural lands with irrigation facilities operated by private

organizations. Applications for conversion involving areas non-negotiable for

conversion shall not be given due course, regardless of whether all or some portions thereof are within areas highly restricted from conversion or within priority development areas for conversion.

Areas Highly Restricted from Conversion

The following areas shall be classified as highly restricted from conversion:

(a) Irrigable lands not covered by irrigation projects with firm funding commitment;

(b) Agro-industrial croplands, or lands presently planted to

industrial crops that support the economic viability of existing agricultural infrastructure and agro-based enterprises;

(c) Highlands or areas located in elevations of 500 meters or above


and have the potential for growing semi-temperate and usually high-value crops;

(d) Lands issued with notice of land valuation and acquisition, or subject of a perfected agreement between the landowner and the

beneficiaries under the voluntary land transfer/direct payment scheme (VLT/DPS) under the Comprehensive Agrarian Reform Program (CARP); and

(e) Environmentally critical areas (ECAs) as determined by the DENR in accordance with law.

Applications for conversion involving areas highly restricted from conversion shall require apart from the standard requirements, a

project feasibility study and environmental compliance certificate (ECC) if within ECAs; The application shall be deliberated upon by the PARC Land Use Technical Committee (PLUTC) and shall be approved by the

Secretary regardless of the area. Conversion into Fishpond and Prawn Farms

Public agricultural lands can be converted into fishponds and

prawn farms provided the coastal zone is declared as suitable for fishpond development by the provincial government with the concurrence of the Bureau of Fisheries and Aquatic Resources (BFAR).

In such case, the Department of Environment and Natural Resources (DENR) shall allow the lease and development of such area. However,

such declaration shall not apply to environmentally critical projects to ensure the protection of river systems, aquifers and mangrove

vegetations from pollution and environmental degradation. Moreover, small-farmer cooperatives and organizations shall be given preference in the award of the Fishpond Lease Agreement (FLAs).

In case of private agricultural land, its conversion into fishpond and prawn farms is also allowed but only up to five (5) hectares.

However, the Department of Agrarian Reform may approve the conversion of more than five (5) hectares of private agricultural land to

fishponds and prawn under the following situations: a) when the use of the land is more economically feasible and sound

for fishpond and/or prawn farm, as certified by the BFAR; and

b) when a simple and absolute majority of the regular farmworkers or tenants agree to the conversion.

Take note that conversion of fishponds and prawns is one of the amendments made to R.A. 6657.

Inventory, Protection of Mangrove Areas and Change of crops In addition to the conversion of fishponds and prawns, it is worthy

to note that these topics of Inventory, Protection of mangrove areas change of crops are part of the amendments made in the

Comprehensive Agrarian Reform Law.


Hence, the purpose of law in adding these provisions are to help the Department of Agrarian Reform monitor the unauthorized conversion of

lands into fishponds and prawn farms and to harmonize agrarian reform with the environmental law.

As mentioned in the previous topics, there are lands that are not covered by the agrarian reform law and areas that are highly restricted from conversion. It is highly restricted from conversion because apart

from the standard requirements, a project feasibility study and environmental compliance certificate is required.

In regard to the change of crops to commercial crops or high value crops the provision provides that it shall not be considered as a

conversion in the use or nature of the land provided the change of crops shall not prejudice the rights of the tenants or leaseholders. The DARs approval is also not required for its change of crops.

Exemptions from Taxes and Fees of Land Transfers

Transactions under this Act involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from taxes

arising from capital gains. These transactions shall also be exempted from the payment of registration fees, and all other taxes and fees for the conveyance or transfer thereof; provided, that all arrearages in real

property taxes, without penalty or interest, shall be deductible from the compensation to which the owner may be entitled. The land acquired by

the agrarian beneficiaries and those retained by the landowner are also exempted from transfer fees, registration fees etc. Moreover, in cases

falling within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by the regional trial courts,

municipal trial courts, municipal circuit trial courts, and metropolitan trial courts against the DAR, the DA, the DENR, and the Department of

Justice to ensure that there will be no delays but to have and speedy and smooth implementation of their program. Bank Mortgages

Banks include banking institutions, commercial banks, savings

banks, mortgage banks, trust companies, building and loan associations, branches and agencies in the Philippines of foreign banks,

and all other corporations, companies, partnerships and associations performing banking functions in the Philippines.

Mortgage is an accessory contract whereby the debtor (or a third

person) guarantees the performance of the principal obligation by subjecting real property or real rights as security in case of non-fulfillment of said obligation within the period agreed upon.

Mortgagor is one who, having all or some title to property, by written instrument, pledges that property for some particular purpose

such as security for a debt.


Redemption is a transaction by which the mortgagor reacquires or buys back the property which may have passed under the mortgage or

divests the property of the lien which he may have created.

Right of Redemption is the right of the mortgagor to redeem the mortgaged property within a certain period after it was sold for the

satisfaction of the mortgage debt.

For purposes of covering the property under the agrarian reform program, the mortgagee shall be considered as the new landowner if

before the deposit of just compensation is made: a) The mortgagee is the purchaser in the foreclosure sale and the redemption period, as provided by law, has already expired in cases

where the right of redemption exists; or b) The mortgagee is the purchaser in the foreclosure sale and said

foreclosure sale is confirmed by the court in cases where only equity of redemption is provided.

The rights and privileges of the mortgagee as new landowner are as follows:

As new landowner, the bank, financial institution, or other concerned person shall be entitled, among others, to:

1) Receive all notices, advices, correspondence, and all other communications from the DAR and/or LBP, such as, but not

limited to, Notice of Coverage, Notice of Land Valuation and Acquisition, Letter-Requirement for Processing and Payment of Claim, etc.;

2) Transact with DAR and/or LBP regarding all aspects of subject land transfer claim, to the exclusion of all other persons;

3) Be named as the recipient of all cash and bond deposits; and 4) Receive all the proceeds of subject land transfer claim, less

deductions to which the land may be liable. The obligations of the mortgagee as new landowner are as follows:

As new landowner, the mortgagee shall: 1) Comply with all the requirements for processing and payment of

the claim such as surrender of the Owner's Duplicate Copy of Title; and

2) Sign all land transfer documents required as a consequence of the processing and payment of the land transfer claim such as: Deed of Assignment, Warranties and Undertaking, Deed of

Transfer, Deed of Confirmation of Coverage and Transfer, etc.

The mortgagee shall be considered a lienholder if on the date the land transfer claim was received by the Land Bank of the Philippines

(LBP) from the Department of Agrarian Reform (DAR):


a) The mortgage debt is not yet due and demandable; or b) The mortgage debt is already due and demandable, but the

mortgagee has not foreclosed on the property; or c) The mortgage has already been foreclosed but the period to

exercise the right of redemption, in cases provided by law, has not yet expired; or the foreclosure sale has not yet been confirmed by the court in cases where there is only equity of redemption.

The rights and privileges of the mortgagee as a lienholder are as

follows: As lienholder, the bank, financial institution, or other concerned

person shall be entitled, among others, to: 1) Receive payment for the obligation of the mortgagor from the land

transfer proceeds up to an amount equivalent to the landowner's

compensation value; and 2) Receive notices, advices, and all other communications pertaining

to the obligation of the landowner-debtor (mortgagor).

The obligations of the mortgagee as lienholder are as follows: As lienholder, the mortgagee shall: 1) Issue a release of mortgage, or execute a deed of redemption, and

deliver the Owner's Duplicate Copy of Title after payment of the value of the lien; and

2) Sign all other documents necessary to affect the cancellation of the mortgage.

The term of contractual arrangements will be respected if at the time when the land placed under agrarian reform coverage, any contract of lease, management contract, grower or service contracts, will be

respected until their expiry, notwithstanding the fact that the land has already been transferred to the beneficiaries. As to the debt secured by

mortgage on the land the government will assume the obligation in an amount not exceeding what the landowner would receive as just

compensation if the land subject of agrarian reform coverage has been mortgaged. Hence, the sale or transfer of a mortgaged agricultural land as a

result of a bank’s foreclosure is not a criminal violation of the Comprehensive Agrarian Reform Law.

The Presidential Agrarian Reform Council (PARC) Composition

The PARC is composed of the following: Chairperson - The president of the Philippines Vice - Chairperson - Secretary of Agrarian Reform

Members - Secretary of the Department of Agriculture; - Department of Environment and Natural Resources;

- Department of Budget and Management;


- Department of Local Government; - Department of Public Works and Highways;

- Department of Trade and Industry; - Department of Finance;

- Department of Labor and Employment; - Director-General of the National Economic and Development Authority;

- President, Land Bank of the Philippines; - Administrator, National Irrigation Administration;

- Administrator, Land Registration Authority; - six (6) representatives of affected landowners to

represent Luzon, Visayas and Mindanao; - six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao,

provided that one of them shall be from the cultural communities.

Provided, that at least one (1) of them shall be from the indigenous peoples: Provided, further, That at least one (1)

of them shall come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of

women members: Provided, finally, That at least twenty percent (20%) of the members of the PARC shall be women

but in no case shall they be less than two (2).

Provincial Agrarian Reform Coordinating Committee (PARCCOM)

The composition of PARCCOM are as follows: Chairman - appointed by the President upon the recommendation

of the EXCOM; Executive Officer - Provincial Agrarian Reform Officer;

One representative each - The Departments of Agriculture; The Department of Environment and Natural Resources;

and The Land Bank of the Philippines, One representative each - existing farmers' organizations,

agricultural cooperatives and non- governmental organizations in the province;

Two representatives - from landowners, at least one of whom shall be a producer representing the principal crop of the province;

Two representatives - from farmer and farmworker-beneficiaries, At least one - farmer or farmworker representing the principal crop

of the province, as members: provided, that in areas where there are cultural communities, the latter

shall likewise have one representative.


The implementation of the Comprehensive Agrarian Reform Program shall be made in a province by province basis taking into

account the peculiarities and needs of each place kind of crops needed, land distribution workload, beneficiaries development activities and

other factors prevalent or obtaining in the area. Moreover, the PARCCOM shall coordinate and monitor the implementation of the CARP in the province. It shall provide

information on the provisions of the CARP, guidelines issued by the PARC and on the progress of the CARP, in the province; in addition, it

shall recommend to the PARC the following: (1) Market prices to be used in the determination of the profit

sharing obligation of agricultural entities in the province; (2) Adoption of the direct payment scheme between the landowner

and the farmer and/or farmworker beneficiary: Provided, that the amount and terms of payment are not more burdensome to the agrarian reform beneficiary than under the compulsory coverage

provision of the CARL: Provided, further, That the agrarian reform beneficiary agrees to the amount and terms of

payment: Provided, furthermore, That the DAR shall act as mediator in cases of disagreement between the landowner and

the farmer and/or farmworker beneficiary; Provided, finally, That the farmer and/or farmer beneficiary shall be eligible to borrow from the LBP an amount equal to eighty-five percent (85%) of the

selling price of the land that they have acquired; (3) Continuous processing of applications for lease back

arrangements, joint-venture agreements and other schemes that will optimize the operating size for agricultural production and

also promote both security of tenure and security of income to farmer beneficiaries: Provided, That lease back arrangements should be the last resort.

Composition of the Barangay Agrarian Reform Council (BARC)

The BARC is composed of the following coming from: a) Farmers and Farmworkers beneficiaries;

b) Farmer and Farmworkers non – beneficiaries; c) Agricultural cooperatives; d) Other farmer organizations;

e) Barangay Council; f) Non – government organizations;

g) Landowners; h)Land Bank;

i) Official of the Department of Agriculture assigned to the barangay; j) Official of the Department of Environment and Natural Resources

assigned to the area; and

k) Department of Agrarian Reform Technologist assigned to the area


who shall act as the Secretary.

Functions of the BARC

The functions of the BARC shall be:

(a) To participate and give support to the implementation of programs on agrarian reform;

(b) To mediate, conciliate or arbitrate agrarian conflicts and issues

that are brought to it for resolution; and (c) To perform such other functions that the PARC, its Executive

Committee, or the DAR Secretary may delegate from time to time. In addition to abovementioned functions provided, the BARC shall

have the following functions: (a) Mediate and conciliate between parties involved in an agrarian

dispute including matters related to tenurial and financial

arrangements; (b) Assist in the identification of qualified beneficiaries and

landowners within the barangay; (c) Attest to the accuracy of the initial parcellary mapping of the

beneficiary's tillage; (d) Assist qualified beneficiaries in obtaining credit from lending

institutions;

(e) Assist in the initial determination of the value of the land; (f) Assist the DAR representatives in the preparation of periodic

reports on the CARP implementation for submission to the DAR; (g) Coordinate the delivery of support services to beneficiaries; and

(h) Perform such other functions as may be assigned by the DAR.

The BARC shall also endeavor to mediate, conciliate and settle

agrarian disputes lodged before it within thirty (30) days from its taking cognizance thereof. after the lapse of the thirty day period, it is unable

to settle the dispute, it shall issue a certificate of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days after

the expiration of the thirty-day period.


WORKSHEET 4.1A

NAME:

SCORE:

YEAR/SECTION:

DATE:

Identification: Fill in the blank the correct answer.

1. ______________________ is a transaction by which the mortgagor reacquires or buys back the property which may have passed under

the mortgage or divests the property of the lien which he may have created.

2. _______________________is an agribusiness arrangement whereby the ARBs, or their cooperative/organization, hire the services of the

landowner or an investor to manage and operate the farm in exchange for fixed wages or commission. 3. _______________________is the act of changing the current use of an

agricultural land into non – agricultural use as approved by the DAR. 4. _______________________ are private agricultural lands devoted to

saltbeds, fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations.

5. _______________________ refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial or industrial land.

6. _______________________ refers to the lands of the indigenous cultural community that includes, but not be limited to, lands in the

actual, continuous and open possession and occupation of the community and its members.

7. _______________________ is an agribusiness venture whereby a company is organized and co-owned by an investor and the agrarian reform beneficiaries through their cooperatives or associations.

8. _______________________refers to the full and fair equivalent of the property taken; the fair market value of the property.

9. _______________________ is the act of specifying how agricultural lands shall be utilized for non – agricultural uses such as residential,

industrial and commercial as embodied in the land use plan. 10. _______________________ means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who

are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic

status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing,

labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work.


WORKSHEET 4.1B

NAME:

SCORE:

YEAR/SECTION:

DATE:

Matching Type. Match Column A with Column B. Write the letter

of the correct answer before each number.

Column A

Column B

______1. American Regime

a. “This land is Ours God gave this land to us”

______2. Spanish Era b. Launched the Magkabalikat Para

s a K aun la ran g A g ra r yo o r MAGKASAKA

______3. Pres. Arroyo c. “Long live America”

______4. Japanese Era d. Created the Department of

Agrarian Reform and the Agrarian Reform Special Account Fund.

______5.Pres. Estrada e. Created an anti-corruption task

force to investigate and handle reports on alleged anomalous

activities by officials and employees of the department.

______6. Commonwealth Era f. “United we stand, divided we fall”

______7. Pres. Duterte g. “Government for the Filipinos”

______8. Pres. Marcos h. “The Era of Hukbalahap”

______9. Pres. Ramos i. “To make the countryside

economically viable for the Filipino family by building partnership and

promoting social equity and new economic opportunities towards

lasting peace and sustainable rural development.”

______10. Pre-Spanish Era j. Provided an additional Php50

billion for CARP and extended its implementation for another 10 years


THE PHILIPPINE

CONSTITUTION

LESSON 4.2

BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION

The Malolos Constitution a. The Philippine Revolution of 1896

b. Proclamation of Philippine independence, at Kawit, Cavite, on June 12, 1898

c. Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan, on September 15, 1898. Three drafts were submitted

namely, the drafts of Pedro Paterno, Apolinario Mabini and Felipe Calderon.

d. The Calderon proposal was reported to the Congress on October 8,

1898, and the Congress approved the proposed Constitution on November 29, 1898.

e. President Emilio Aguinaldo approved the same on December 23, 1898; Congress ratified it on January 20, 1899.

f. Aguinaldo promulgated the Constitution the following day, along with the establishment of the Philippine Republic on January 21, 1899.

g. This was the first Republican Constitution in Asia, framed by a revolutionary convention which included 40 lawyers, 16

physicians, 5 pharmacists, 2 engineers and 1 priest. The Constitution recognized that sovereign power was vested in the

people, provided for a parliamentary government, acknowledged separation of powers, and contained a bill of rights.


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The photo on the right is the iconic photograph of the 1899 Malolos

Congress: digitally colored, based on written accounts and the restoration

of the Barasoian Church for the 1998 Centennial. President Aguinaldo sits at the center, as a gentleman reads a

document to his left. The American Regime and the

Organic Acts a. The Treaty of Paris of De-

cember 10, 1898. The treaty of peace entered into between the

US and Spain upon the ces-sation of the Spanish-American

War. It provided, among others, for the cession of the Philippine Islands by Spain to the US.

b. US President McKinley’s Instructions of April 7, 1900, to

transform the military into a civil government as rapidly as conditions would permit. On September 1, 1900, the authority to

exercise that part of the military power of the US President, which is legislative in character was transferred from the military

government to the Philippine Commission [first, the Schurman Commission, then, the Taft Commission].

c. The Spooner Amendment to the Army Appropriation Bill of March

2, 1901 provided that all military, civil and judicial powers necessary to govern the Philippine Islands shall be exercised in

such manner x x x for the establishment of a civil government and for maintaining and protecting the inhabitants in the free

enjoyment of their liberty, property and religion. On July 1, 1901, the Office of the Civil Governor was created, and the executive authority previously exercised by the military governor was

transferred to the Civil Governor. d. The Philippine Bill of July 1, 1902 continued the existing civil

government, with the commitment from the US Congress to convene and organize in the Philippines a legislative body of their

own representatives. On October 16,1907, the Philippine Assembly was convened to sit as the Lower House in a bicameral legislature, with the Philippine Commission as the Upper House.

e. The Jones Law [Philippine Autonomy Act] of August 29, 1916. It superseded the Spooner Amendment and the Philippine Bill of

1902. It was the principal organic act of the Philippines until November 15,1935, when the Philippine Commonwealth was

inaugurated (under the 1935 Constitution). It contained a


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preamble, a bill of rights, provisions defining the organization and powers of the departments of government, provisions defining the

electorate, and miscellaneous provisions on finance, franchises and salaries of important officials. Executive power was vested in

the Governor General, legislative power in a bicameral legislature composed of the Senate and House of Representatives, and judicial power in the Supreme Court, the Courts of First Instance

and inferior courts. f. The Tydings-McDuffie Act [Philippine Independence Act] of March

24, 1934 authorized the drafting of a Constitution for the Philippines, the establishment of a Commonwealth Government

and, after ten years, independence. The 1935 Constitution

a. Pursuant to the authority granted under the Tydings-McDuffie

Law, the Philippine Legislature passed Act No. 4125 (May 26,1934) calling for the election of delegates to the Constitutional

Convention. b. Election of delegates: July 10, 1934; Constitutional Convention

inaugural: July 30,1934.

c. Draft Constitution approved by the Constitutional Convention on February 8, 1935; brought to Washington on March 18, 1935, and

on March 23, 1935, US President Franklin Delano Roosevelt certified that the draft constitution conformed substantially with

the Tydings-McDuffie Law. d. The Constitution was ratified in a plebiscite held on May 14,1935. e. The Philippine Commonwealth established under the Constitution

was inaugurated on November 15, 1935; full independence was attained with the inauguration of the (Third) Philippine Republic

on July 4, 1946.

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f. The Constitution was amended in 1939: Ordinance appended to the Constitution, in accordance with the Tydings-Kocialkowski

Act of August 7, 1939 [Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939]

g. It was amended again in 1940: Changed President’s and Vice President’s term from six to four years, but no person shall serve as President for more than 8 years; changed the unicameral to a

bicameral legislature; established an independent Commission on Elections [Resolution: April 11, 1940; Plebiscite: June 18, 1940]

h. Another amendment was adopted in 1947: Parity Amendment, effective July 4, 1949, granting to Americans, for a period of

twenty-five years, the same privileges as Filipinos in the utilization and exploitation of natural resources in the Philippines [Resolution: September 18, 1946; Plebiscite: March 11, 1947],

See: Mabanag v. Lopez Vito, 78 Phil. 1

The Japanese (Belligerent) Occupation

a. With the occupation of Manila, the Commander in Chief of the

Japanese Forces proclaimed, on January 2, 1942, the military administration over the territory occupied by the army, and ordered that “all the laws now in force in the Commonwealth, as

well as executive and judicial institutions shall continue to be effective for the time being as in the past”, and “all public officials

shall remain in their present posts and carry on faithfully their duties as before”.

b. Order No. 1 of the Japanese Commander in Chief, on January 23, 1942, organized the Philippine Executive Commission.

c. Executive Orders Nos. 1 and 4, dated January 30 and February 6,

1942, respectively, continued the Supreme Court, the Court of Appeals, the Courts of First Instance and Justices of the Peace

Courts, with the same jurisdiction, in conformity with later instructions given by the Commander in Chief of the Japanese

Imperial Army in Order No. 3, dated February 20, 1942. d. October 14, 1943, the (Second) Philippine Republic was

inaugurated, with Jose P. Laurel as President.

The 1973 Constitution

a. Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasing the membership of the House of Representatives from

120 to 180 b. RBH No. 2, March 16,1967, calling for a Constitutional

Convention to revise the 1935 Constitution

c. RBH No. 3, March 16, 1967, allowing members of Congress to sit as delegates in the Constitutional Convention without forfeiting

their seats in Congress.


d. RBH 1 and RBH 3 were submitted to the people in a plebiscite simultaneously with local elections in November 1967, but both

were rejected by the people. e. RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing

that specific apportionment of delegates to the Constitutional Convention and other details relating to the election of delegates be embodied in an implementing legislation

f. Republic Act No. 6132: Constitutional Convention Act of 1970. g. Election of delegates: November 10, 1970; Constitutional

Convention was inaugurated on June 1, 1971. ** Attempt of the Constitutional Convention to submit for

ratification one resolution (reducing the voting age from 21 to 18) in a plebiscite to coincide with the 1971 local elections was declared unconstitutional by the Supreme Court in

Tolentino v. Comelec, 41 SCRA 702. The Court held that when a Constitutional Convention is called for the purpose of

revising the Constitution, it may not submit for ratification “piecemeal amendments” because the 1935 Constitution

speaks of submission of the proposed amendments in “an election” (in the singular), and also because to allow the submission would deprive the people of a “proper frame of

reference”. h. Presidential Proclamation No. 1081, on September 21, 1972:

Declaration of martial law by President Ferdinand E. Marcos. i. Constitutional Convention approved the draft Constitution on

November 29, 1972 . j. On November 30,1972, President Marcos issued a decree setting

the plebiscite for the ratification of the new Constitution on

January 15, 1973; on December 17, 1972, issued an order suspending the effects of Presidential Proclamation 1081 in order

to allow free and open debate on the proposed Constitution. k. On December 23, 1972, President Marcos announced the

postponement of the plebiscite, but it was only on January 7, 1973, that General Order No. 20 was issued, directing that the plebiscite scheduled on January 15,1973, be postponed until

further notice, and withdrawing the order of December 17, 1972, suspending the effects of Pres. Proclamation 1081, which allowed

free and open debate on the proposed Constitution. l. On December 31, 1972, Marcos issued Presidential Decree No. 86,

organizing the Citizens Assemblies to be consulted on certain public issues; and on January 5, 1973, issued Presidential Decree No. 86-A, calling the Citizens Assemblies to meet on Jan-

uary 10-15, 1973, to vote on certain questions, among them: “Do you approve of the new Constitution?” and “Do you still want a

plebiscite to be called to ratify the new Constitution?”


m. On January 17, 1973, President Marcos issued Presidential Proclamation No. 1102, declaring that the new Constitution had

been ratified by the Citizens Assemblies, and “has thereby come into force and effect”.

n. The 1973 Constitution was amended in 1976: Package often (10) amendments, proposed by Marcos on September 2, 1976, without specifying the particular provisions being changed. This

package contained the infamous Amendment No. 6. The amendments were ratified in a plebiscite held on October 16,

1976. o. The Constitution was amended again on January 30, 1980:

Restored original retirement age of judges to 70 years of age p. Another amendment was adopted on April 7, 1981: Restored the

presidential system, while retaining certain features of the

parliamentary system; granted natural-born Filipinos who had been naturalized in a foreign country the right to own a limited

area of residential land in the Philippines q. Still another amendment was made on January 27,1984:

Provided for new rules on presidential succession, replaced the Executive Committee with a revived Office of the Vice President, and changed the composition of the Batasan Pambansa

r. Snap presidential election of 1986. **A petition to prohibit the holding of the snap election was filed

with the SC in Philippine Bar Association v. Comelec, 140 SCRA 455. But the petition was dismissed because considerations

other than legal had already set in, the candidates were in the thick of the campaign, and the people were already looking forward to the election.

s. February 22-25,1986: EDSAI People’s Revolution, the court ruled that the Cory Aquino government was not only a de facto but a

de jure government.


President Corazon C. Aquino addressing the 1986 Constitutional Commission at its inaugural session.

The 1987 Constitution

Proclamation of the Freedom Constitution

a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and Vice President Laurel were assuming power.

b. Executive Order No. 1 [February 28, 1986] c. Proclamation No. 3, March 25,1986, announced the promulgation

of the Provisional [Freedom] Constitution, pending the drafting

and ratification of a new Constitution. It adopted certain provisions of the 1973 Constitution, contained additional articles

on the executive department, on government reorganization, and on existing laws. It also provided for the calling of a Constitutional

Commission to be composed of 30-50 members, to draft a new Constitution. See: Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986; In Re: Saturnino

Bermudez, 145 SCRA 160. d. As stated in Proclamation No. 3, the EDSA revolution was “done in

defiance of the 1973 Constitution”. The resulting government was indisputably a revolutionary government bound by no constitution

or legal limitations except treaty obligations that the revolutionary government, as the de jure government in the Philippines, assumed under international law [Republic v. Sandiganbayan,

407 SCRA 10 (2003)]. e. During the interregnum, after the actual take-over of power by the

revolutionary government (on February 25, 1986) up to March 24, 1986 (immediately before the adoption of the Provisional

Constitution), the directives and orders of the revolutionary government were the supreme law because no constitution limited the extent and scope of such directives and orders. With the

abrogation of the 1973 Constitution by the successful revolution, there was no municipal law higher than the directives and orders

of the revolutionary government. Thus, during this interregnum, a person could not invoke an exclusionary right under a Bill of

Rights because there was neither a Constitution nor a Bill of Rights [Republic v. Sandiganbayan, 407 SCRA 10].

Adoption of the Constitution

a. Proclamation No. 9, creating the Constitutional Commission of 50

members. b. Approval of draft Constitution by the Constitutional Commission

on October 15, 1986. c. Plebiscite held on February 2, 1987. d. Proclamation No. 58, proclaiming the ratification of the

Constitution. e. Effectivity of the 1987 Constitution: February 2, 1987, the date of

the plebiscite when the people ratified the Constitution [De Leon v.


Esguerra, 153 SCRA 602]. FEATURES OF 1987

CONSTITUTION

The new Constitution consists of 18 articles and is excessively long compared to the 1935 and 1973

constitutions. The independence of the judiciary

has been strengthened with new provisions for appointment

thereto and an increase in its authority, which now covers even political questions formerly

beyond its jurisdiction. The Bill of Rights of the Commonwealth and Marcos constitutions

has been considerably improved in the 1987 Constitution and even bolstered with the creation of a Commission of Human Rights.

Philosophical View of the Constitution The Constitution is a social contract. The Constitution may be

considered as the Social Contract itself in the sense that it is the very basis of the decision to constitute a civil society or State, breathing life

to its juridical existence, laying down the framework by which it is to be governed, enumerating and limiting its powers and declaring certain

fundamental rights and principles to be inviolable. The Constitution as a political document may be considered as the

concrete manifestation or expression of the Social Contract or the decision to abandon the ‘state of nature’ and organize and found a civil

society or State. Constitution

It is the body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. It is a written instrument

enacted by the direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by

which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics.

Purpose of the Constitution To prescribe the permanent framework of a system of government,

to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is

founded.


President Corazon C. Aquino receives the 1987 Constitution from Constitutional Commission President Cecilia Muñoz – Palma

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Effectivity of the Constitution

The Present Philippine Constitution took effect on February 2,

1987, which is the date of its ratification in the plebiscite held on that same date and not on the date its ratification was proclaimed.

Types of Constitution 1. Written or Unwritten

Written Constitution – one whose precept are embodied in one document or set of documents.

Unwritten Constitution - consists of rules which have not been integrated into a single, concrete form but are scattered in various

sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles.

2. Conventional (Enacted) or Cumulative (Evolved)

Conventional Constitution – one that is formally struck off at a definite time and place following a conscious or deliberate effort

taken by a constituent body or ruler. Cumulative Constitution - is the result of political evolution, not

inaugurated at any specific time but changing by accretion rather

than by any systematic method.

3. Rigid or Flexible

Rigid Constitution - is one that can be amended only by a formal

and usually difficult process. Flexible Constitution - is one that can be changed by ordinary

legislation as I the case of an unwritten constitutions.

Take note that the Philippine Constitution is written, conventional

and rigid. Qualities of a Good Written Constitution

1. Broad – It must be comprehensive enough to provide for every contingency and not just because it provides for the organization

of the entire government and covers all persons and things within the territory of the State.

2. Brief – It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to

amend. 3. Definite – It prevent ambiguity in its provisions which could

result in confusion and divisiveness among the people.


Essential Parts of a Good Written Constitution

1. Constitution of Liberty - The series of prescriptions setting forth the

fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the

enjoyment of those rights, e.g., Art. III. 2. Constitution of Government - The series of provisions outlining the

organization of the government, enumerating its powers, laying down

certain rules relative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and IX.

3. Constitution of Sovereignty - The provisions pointing out the mode or procedure in accordance with which formal changes in the

fundamental law may be brought about, e.g., Art. XVII. Amendments and Revision

Amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principles involved. Generally, affects

only the specific provision. Revision, on the other hand, broadly implies a change that alters at least one basic principle in the Constitutions,

like altering the principle of separation of powers or the system of check and balances. There is also revision if the change alters the substantial

entirety of the constitutions, as when the change affects substantial provisions of the constitution. Generally, affects several provisions of the Constitution.

Is the Proposal a Revision or Amendment?

There are two tests to determine whether the proposal is a revision or amendment:

1. Quantitative test – asks whether the proposed change is so extensive in its provisions as to change directly the “substance en-tirety” of the Constitution by the deletion or alteration of

numerous provisions. Note that the Court examines only the number of provisions and not the degree of change.

2. Qualitative test - asks whether change will accomplish such far – reaching changes in the nature of our basic governmental plan

as to amount to a revision. Whether there is an alteration in the structure of government is a proper subject of inquiry.

Thus, a change in the nature of the basic nature of the basic governmental plan includes change in its fundamental powers of its

branches. Steps in the Amendment or Revision of the Constitution:

1. Proposal (Article XVII, Sec. 1, 1987 Constitution) 2. Submission

3. Ratification


Proposal may be made by: 1. Congress as Constitutional Assembly acting upon a vote of ¾

of all its members. 2. Constitutional Convention called for such purpose by a 2/3

vote of all the members of the Congress or by majority vote of all its members, Congress may submit to the electorate the question of calling such a convention.

3. People’s Initiative applies only to an amendment, not a revision, of the Constitution. A people’s initiative can only propose

amendments to the Constitution, inasmuch as the Constitution itself limits initiatives to amendments, as shown by the deliberations of the

Constitutional Commission. Initiative is the power of the people to propose amendments to the

Constitution or to propose and enact legislation through an election called for that purpose. It may be initiative on the constitution, statutes,

or local legislation. On the other hand, Referendum is the power of the electorate to approve or reject legislation through an election called for

that purpose. Referendum may be on statues and local laws. Having said that, the former is the power of the people to propose bills and laws, and to enact or reject them at the polls independent of

the legislative assembly. While the latter, is the right reserved to the people to adopt or reject any act or measure which has been passed by

legislative body and which in most cases would, without action on the part of electors become a law.

Two essential elements of initiative:

1. People must author and personally sign the entire proposal; and

2. Proposal must be embodied in a petition. Submission of Proposal

Submission of piecemeal amendments is unconstitutional. All the

amendments must be submitted or ratification at one plebiscite only. The people must be given a proper frame of reference in arriving at their decision.

Ratification of Proposal

After submission, the proposed changes shall be valid when ratified by the majority of the vote cast in a plebiscite, held not earlier than 60

days nor later than 90 days: a. After approval by the Congress or Constitutional Convention of

the proposed amendments or revision; or

b. After certification by the COMELEC of the sufficiency of the

petition by the people.


Date of Effectivity of the Amendment or Revision

The date of effectivity of the amendment or revision shall be the

same day as that of the ratification, the day on which the votes are cast, however, the amendments themselves might specifically otherwise.

Judicial Review of Proposals Judicial review refers to the power of the courts to test the validity

of governmental acts in light of their conformity with a higher norm like the Constitution.

That being said, the manner is making the proposal is subject to judicial review not the substance of the proposal because the

Constituent Assembly owes its existence and derives all its authority and power from the Constitution. Thus, whether it has acted according to the Constitution must always be a matter of judicial cognizance.

BASIS OF PHILIPPINE POLITICAL LAW

The principles of government and political law of the Philippines are fundamentally derived from American jurisprudence. This condition

was the inevitable outcome of the establishment of the American rule in the Philippines. When Spain ceded the Philippines to the US, the Spanish Political laws were automatically displaced by those of the US.

Basic Concepts Separation of Powers

Separation of powers became the pith and core of the American system of government largely through the influence of the French

political writer Montesquieu. By the establishment of the American


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sovereignty in the Philippines, the principle was introduced as an inseparable feature of the governmental system organized by the United

States in this country. Separation of powers means that the legislation belongs to

Congress, execution to the executive, settlement of legal controversies to the judiciary. Each is prevented from invading the domain of others. Division and Assignment. Its starting point is the assumption of the

division of the functions of the government into three distinct classes - the Executive, the Legislative and the Judicial. Its essence relies on the

assignment of functions to one of the three organs of government for the purpose of preventing the concentration of authority in one person

or group of persons that might lead to irreparable error or abuse in its exercise detriment to republican institutions. Checks and Balances

Allows one department to resist encroachments upon it

prerogatives or to rectify mistakes or excesses committed by the other department. However, the Supreme Court is the final arbiter to determine whether there has been an encroachment between the

branches. The purpose is to secure coordination in the workings of the

various departments of the government. Examples of checks and

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balances are the following: a. The approval of the president is required in the law – making

process of the Congress. He may exercise veto power b. The president may also nullify a conviction in a criminal case by

pardoning the offender. c. Sole power to impeach officers who may only be removed by

impeachment is vested to the Congress.

d. May also override the veto power of the President by a vote of 2/3 of all the members of each house.

Doctrine of Parens Patriae

Literally, “parent of the people.” One of the important tasks of the government is to act for the State as parens patriae, or guardian of the rights of the people. It may initiate legal actions for and in behalf of a

particular individual. Doctrine of Incorporation

The Philippines adopts the generally accepted principles of

international law as part of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Hence, the Philippine Court can use international law to settle

domestic disputes in much the same way that they would use the Civil Code or the Penal Code and other laws passed by Congress. It is also

called Doctrine of Transformation when generally accepted principles of international law are localized through legislation.

Doctrine of Separation of Church and State The rationale behind this doctrine is that “Strong fences make good

neighbors.” The idea is to delineate boundaries between the two institutions and thus avoid encroachments by one against the other

because of a misunderstanding of the limits of their respective exclusive jurisdictions.

PREAMBLE


The Preamble serves as an introduction to the Constitution. The word 'preamble' comes from the Latin word 'praeambulus,' meaning

'walking before'. It is considered a source of light and not a source of rights or obligations.

The functions of the Preamble are as follows:

1. It sets down the origin, scope and purpose of the Constitution.

2. It enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution.

3. Useful as an aid in the construction and interpretation of the text of the Constitution.

Its origin is the will of the “sovereign Filipino people.” The identification of the Filipino people as the author of the constitution also

calls attention to an important principle: that the document is not just the work of representatives of the people but of the people themselves

who put their mark of approval by ratifying it in a plebiscite. GENERAL CONSIDERATIONS

National Territory

The national territory

comprises the Philippine archipelago, with all the

islands and waters embraced therein, and all

other territories over which the Philippines has sovereignty or jurisdiction,

consisting of its terrestrial, fluvial and aerial domains,

including its territorial sea, the seabed, the subsoil,

the insular shelves, and other submarine areas. The waters around,

between, and connecting the islands of the

archipelago, regardless of their breadth and dimensions, form part of the internal waters of the

Philippines pursuant to Article 1 of the 1987 Constitution. The definition in article 1 covers the following territories:

a. Those ceded to the U.S. by Spain under the Treaty of Paris in 1898;

b. Those defined in the treaty between the U.S. and the Spain on

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November 7, 1900, i.e., the islands of Cagayan, Sulu, and Sibuto.

c. Those defined in the treaty between the U.S and Great Britain in January 2, 1930, i.e., the turtle and Mangsee Islands;

d. The Islands of Batanes under the 1935 Constitution; and e. Those contemplated in the phrase “belonging to the Philippines by

historic right or legal title” in the 1973 Constitution.

Territory is the fixed portion of the surface of the earth inhabited

by the people of the state. Territory as an element of a state means an area over which a state has effective control. Archipelago, on the other

hand, is a body of water studded with islands. Moreover, Archipelagic state means a state constituted wholly by one or more archipelagos and may include other islands.

Under the second sentence of Article 1 of the Constitution is an af-

firmation of the Archipelago Doctrine, under which we connect the outermost point of our archipelago with straight baselines and consider

all the waters enclosed thereby as internal waters. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands, components of which are

the following: terrestrial, fluvial, maritime and aerial domains.

The Philippine archipelago is that body of water studded with islands, which is delineated in the Treaty of Paris, modified by the

Treaty of Washington and the Treaty of Great Britain. The following are the purposes of Archipelagic Doctrine: territorial integrity, national security, and economic reasons.

THE CONCEPT OF STATE

A State refers to a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of

external control, and possessing an organized government to which the great body of inhabitants render habitual obedience. State is different form Nation because, the former is a legal

concept while the latter is an ethnic or racial concept. It is also different from Government because government is merely an instrumentality of

the State through which the will of the State is implemented and realized.

Elements of a State 1. People – refers to the inhabitants of the State whose number is

capable for self – sufficiency and self defense. They must come from both sexes for perpetuity. It may also refer to a community of persons

sufficient in number and capable of maintaining the continued


existence of the community and held together by a common bond of law.

2. Territory – is the fixed portion of the surface of the earth inhabited by the people of the state and subject to exclusive sovereign territory.

3. Sovereignty – is the supreme and uncontrollable power inherent in a State by which that State is governed. Kinds Sovereignty:

a. Legal Sovereignty – is the authority which has the power to issue

final commands. In the Philippines, the Congress is the legal sovereign.

b. Political Sovereignty – is the sum total of all the influences of a State, legal and non-legal, which determine the course of law.

c. Internal Sovereignty – refers to the power of the State to control

its domestic affairs. It is the supreme power over everything within its territory.

d. External Sovereignty – also known as Independence, which is freedom from external control. It is the power of State to direct its

relations with other States. Characteristics of Sovereignty: It is permanent, exclusive,

comprehensive, absolute, indivisible, inalienable, and imprescriptible. Principles of Sovereignty

a. Effects of Belligerent Occupation

As to political laws. No change of sovereignty occurs during a belligerent occupation - the political laws of the occupied territory are merely suspended, subject to revival under the jus

postliminium upon the end of the occupation. Note that the rule suspending political laws affects only the civilian

inhabitants of the occupied territory and is not intended to bind the enemies in arms. Also, the rule does not apply to the

law on treason although decidedly political in character. As to non-political laws. The non-political laws are deemed

continued unless changed by the belligerent occupant since

they are intended to govern the relations of individuals as among themselves and are not generally affected by changes in

regimes of rulers. As for judicial decisions. As for judicial decisions the same

are valid during the occupation and even beyond except those of a political complexion, which are automatically annulled up-

on the restoration of the legitimate authority. b. Effects of Change in Sovereignty

As to political laws. Where there is a change in sovereignty,


the political laws of the former sovereign are not merely suspended but abrogated unless they are retained or re-enacted

by positive act of the new sovereign. As to non-political laws. Non-political laws continue in

operation. Doctrine of Auto Limitation

The Philippines adheres to the principles of international law as a limitation to the exercise of its sovereignty. It means that any

state may, by its consent, express or implied, submit to a restriction of its sovereign rights. A state then, if it chooses to, may

refrain from the exercise of what otherwise is illimitable competence. There may this be a curtailment of what otherwise is power plenary in the character.

Imperium v. Dominium

Imperium refers to the State’s authority to govern. It covers such activities such as passing laws, governing territory,

maintaining peace and order over it, and defending against foreign invasion. This is the authority possessed by the State embraced in the concept of sovereignty.

Dominium is the capacity of the State to own a property or

properties. It covers such rights as title to land, exploitation and use of it, and disposition or sale of the same.

Principle of Jus Postliminium The political laws that had been suspended during the

occupation shall automatically become effective again at the end of the occupation, when the occupant is removed or ousted from the

territory. Likewise the political laws of the belligerent occupant are automatically abrogated upon the cessation of the occupation.

4. Government – is the agency or instrumentality, through which the will of the state is formulated, expressed and realized.

The Government of the Republic of the Philippines is a term

that refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippine

Islands, including, save as the contrary appears from context, the various arms through which political authority is made effective in said Islands, whether pertaining to the central Government or to the

provincial or municipal branches or other form of local government.

On the national scale, the term “Government of the Philippines”


refers to the three great departments: the Executive, Legislative and the Judiciary. On the local level, it means the Regional Provincial, City

Municipal and Barangay Governments. It does not include government entities, which are given a corporate personality separate and distinct

for the government and which are governed by the corporation law. Government vs. Administration

It is important to set a distinction between the above-mentioned terms. Government is the institution through which the state

exercises power while Administration consists of the set of people currently running the institution

Classification of Government on the Basis of Legitimacy 1. De Jure Government - is one that is established by authority of

the legitimate sovereign. 2. De Facto Government - is one that is established in defiance of

the legitimate sovereign. It actually exercises power or control without legal title.

3 Kinds of De Facto Government: a. The government that gets possession and control or, or usurps,

by force or by the voice of majority, the rightful legal government and maintains itself against the will of the latter (i.e., the

government of England under the Commonwealth, first by Parliament and later by Cromwell as Protector).

b. Established and maintained by invading military forces as an

independent government by the inhabitants of a country who rise

in insurrection against the parent state (such as the government of the Southern Confederacy in revolt against the Union during the

war of secession in the United States).

c. Government of paramount force, that which is established and maintained by military forces who invade and occupy a territory of enemy in the course of war (such as the cases of Castine in

Maine).

It is worthy to note that, the government under the Former President Cory Aquino and the Freedom Constitution is a de jure

government. It was established by authority of the legitimate sovereign - the people. It was a revolutionary government established in defiance of

the 1973 Constitution [In: Re Letter of Associate Justice Puno, 210 SCRA 589 (1992)]. The government under President Gloria Macapagal Arroyo established after the ouster of President Estrada is de jure government.


Functions of the Government:

1. Governmental (Constituent)- are the compulsory functions which

constitute the very bonds of society. 2. Proprietary (Ministerial) - are optional functions of the government

for achieving a better life for the community. ACTS OF STATE

An act of State is done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. Within

reference to Political Law, an act of State is an act done by the political departments of the government and not subject to judicial review. An

illustration is the decision of the President, in the exercise of his diplomatic power, to extend recognition to a newly established foreign State or government.

State Immunity

The State may not be sued without its consent. There can be no legal right against the authority which makes the law on which the right

depends. However, the state may be sued if it gives consent, whether express or implied. The doctrine is also known as the Royal Prerogative of Dishonesty because it grants the state the prerogative to defeat any

legitimate claim against it by simply invoking its non – suability. DECLARATION OF PRINCIPLES AND STATE POLICIES

1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government

authority emanates from them. Democratic State

Understood as participatory democracy; contemplates

instances where people act directly, and not through their representative. It shares some aspects of direct democracy such as

“initiative and referendum”. The word democratic is also a monument to the February Revolution which re-won freedom through direct action of the people.

Republican State

Republic is a representative government run by the people and for the people. While, Republican State is a state wherein all

government authority emanates from the people and is exercised by representatives chosen by the people. The essence of republicanism is representation and

renovation. The citizenry selects a corps of public functionaries who derive their mandate from the people and act on their behalf,

serving for a limited period only, after which they are replaced or


retained at the option of their principal. Manifestations of Republicanism

a. Ours is a government of laws and not of men.

b. Rule of Majority (Plurality in elections) c. Accountability of public officials d. Bill of Rights

e. Legislature cannot pass irrepealable laws f. Separation of powers

2. Renunciation of War

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace,

equality, justice, freedom, cooperation, and amity with all nations.

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war.

Philippines Renounces Not Only War as member of the United Nations - the Philippines does not merely renounce war but adheres to Article 2(4) of the UN charter, which states: “All

members shall refrain, in their international relations, from the threat or use of force against the territorial integrity or political

independence of any state, or in any other manner inconsistent with Purposes of the United Nations.”

Historical Development of the Policy Condemning or

Outlawing War in the International Scene:

a. Covenant of the League of Nations provided conditions for the right to go to war.

b. Kellogg-Briand Pact of 1928, also known as the General Treaty for the Renunciation of War, ratified by 62 states, which forbade

war as “an instrument of national policy.” c. Charter of the United Nations prohibits the threat or use of force

against the territorial integrity or political independence of a

State.

Incorporation Clause

The Philippine adopts the generally accepted principles of

international law as part of law of the land. Acceptance of Dualist View Implicit in this provision is the acceptance of the dualist view of legal systems, namely that domestic law is distinct from international law.

Since dualism holds that international law and municipal law belong to different spheres, international law becomes part of municipal law only

if it is incorporated into municipal law.


3. Civilian Supremacy

Civilian authority is, at all times, supreme over the military.

The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State

and the integrity of the national territory. Thus, civilian authority is always supreme over the military is

implicit in a republican system. Still, it was felt advisable to expressly affirm this principle in the Constitution to allay all fears

of a military take-over of our civilian government. It was also fittingly declared that the President, who is a civilian official, shall

be the commander-in-chief of all the armed forces of the Philippines.

The deployment of the military in the metropolis to conduct joint visibility patrols with the PNP does not constitute breach of

the civilian supremacy clause. 4. Compulsory Military and Civil Service; Protection of People

and State The prime duty of the Government is to serve and protect the

people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required,

under conditions provided by law, to render personal, military or civil service.

5. Peace and Order; General Welfare The maintenance of peace and order, the protection of life,

liberty, and property, and promotion of the general welfare are es-sential for the enjoyment by all the people of the blessings of

democracy. 6. Separation of Church and State

The separation of Church and State shall be inviolable. The State is not task to favor any religion by protecting it against an

attack by another religion in relation to religious differences. Separation of Church and State is reinforced by: a) Freedom of

Religion Clause (Article III, Section 5); b) Religious sect cannot be registered as a political party (Article IX-C, Section 2(5)); c) No

sectoral representatives from the religious sector. (Article VI, Section 5 (2)); d) Prohibition against appropriation against sectarian benefit. (Article VI, 29(2)).

However, there are exceptions, to wit: a) Churches, parsonages, etc. actually, directly and exclusively used for

religious purposes shall be exempt from taxation (Article VI,


Section 28(3)); b) When a priest, preacher, minister or dignitary is assigned to the armed forces, or any penal institution or

government orphanage or leprosarium, public money may be paid to them (Article VI, Section 29(2)); c) Optional religious instruction

for public elementary and high school students (Article XIV, Section 3(3)); d) Filipino ownership requirement for education institutions, except those established by religious groups and

mission boards. (Article XIV, Section 4(2)). 7. Independent Foreign Policy

The State shall pursue an independent foreign policy. In its

relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

The word “relations” covers the whole gamut of treaties and international agreements and other kinds of intercourse.

8. Freedom from Nuclear Weapons

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. The policy includes the prohibition not only of the

possession, control, and manufacture of nuclear weapons but also nuclear arms tests. Exception to this policy may be made by

the political department but it must be justified by the demands of the national interest. The policy does not prohibit the peaceful

use of nuclear energy. 9. Social Order

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free

the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of

living, and an improved quality of life for all. 10. Social Justice

The State shall promote social justice in all phases of national development.

Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the

equalization of the social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated (Calalang v. Williams).

Social justice simply means the equalization of economic, political, and social opportunities with special emphasis on the

duty of the state to tilt the balance of social forces by favoring the


disadvantaged in life 11. Respect for Human Dignity

The State values the dignity of every human person and

guarantees full respect for human rights. The concretization of this provision is found principally in the Bill of Rights and in the human rights provision of Article XIII.

12. Right to life of the unborn

The State shall equally protect the life of the mother and the life of the unborn from conception. The protection accorded to

the unborn starts from conception, which is equivalent to fertilization.

13. Balanced and Healthful Ecology

The State shall protect and advance the right of the people to

a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The right to health and to balanced and healthful ecology is a right that can exist independent of any constitutional grant or recognition. This right emanates from being a human.

While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and

not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in

the latter. Such a right belongs to a different category of rights for it concerns nothing less than self-preservation and self-perpetuation. These basic rights need not even be written in

the Constitution for they are assumed to exist from the inception of humankind.

14. Labor

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. What concerns the Constitution more paramountly is

employment be above all, decent, just and humane. It is bad enough that the country must send its sons and daughters to

strange lands, because it cannot satisfy their employment needs at home. Under these circumstances, the Government is duty

bound to provide them adequate protection, personally and economically, while away from home.

15. Agrarian Reform

The State shall promote comprehensive rural development and

agrarian reform.


The policy of agrarian reform allows the actual distribution of land individually to farmer beneficiaries or collectively in

consonance with Section 4, Article XIII. 16. Local Autonomy

The State shall ensure the autonomy of local governments. Under the 1987 Constitution local autonomy simply means

“decentralization” and does not make the local governments sovereign within the State or an imperium in imperio.

Decentralization of administration is merely a delegation of administrative powers to the local government unit in order to

broaden the base of governmental powers. Decentralization of power is abdication by the national government of governmental powers. Even as it is recognized that the Constitution guarantees

autonomy to local government units, the exercise of local autonomy remains subject to the power of control by Congress

and the power of general supervision by the President.

BRANCHES OF THE GOVERNMENT

The Philippines is a republic with a presidential form of

government wherein power is equally divided among its three branches: executive, legislative, and judicial.

One basic corollary in a presidential system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of legal

controversies to the Judiciary.


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1. The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This

institution is divided into the Senate and the House of Representatives.

2. The Executive branch carries out laws. It is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the

President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.

3. The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and

enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a

Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows:

a. The President can veto laws passed by Congress. b. Congress confirms or rejects the President's appointments and can

remove the President from office in exceptional circumstances.

c. The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and

confirmed by the Senate.

The Philippine government seeks to act in the best interests of its citizens through this system of checks and balances. The Constitution expressly grants the Supreme Court the power of

Judicial Review as the power to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order,

instruction, ordinance or regulation unconstitutional. Legislative Department

The Legislative Branch enacts legislation, confirms or rejects Presidential appointments, and has the authority to declare war. This

branch includes Congress (the Senate and House of Representatives) and several agencies that provide support services to Congress.

a. Senate – The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines, as may

be provided by law. b. House of Representatives – The House of Representatives shall be

composed of not more than 250 members, unless otherwise fixed

by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in

accordance with the number of their respective inhabitants, and on


http://www.senate.gov.ph/

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the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of

registered national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute 20% of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution,

one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor,

peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious

sector.

Executive Department

The Executive Branch carries out and enforces laws. It includes the President, Vice President, the Cabinet, executive departments,

independent agencies, and other boards, commissions, and committees. Key roles of the executive branch include:

a. President – The President leads the country. He/she is the head of

state, leader of the national government, and Commander in Chief of all armed forces of the Philippines. The President serves a

six-year term and cannot be re-elected.

b. Vice President – The Vice President supports the President. If the

President is unable to serve, the Vice President becomes President.

He/she serves a six-year term. c. The Cabinet – Cabinet members serve as advisors to the President.

They include the Vice President and the heads of executive departments. Cabinet members are nominated by the President and must be confirmed by the Commission of Appointments.

Judicial Department

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. The

judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle

actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave

abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The judicial

branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution.

FUNDAMENTAL POWERS OF THE STATE The inherent powers of the State include: 1) Police Power; 2) Power


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of Eminent Domain; and 3) Power of Taxation. Similarities among the Inherent Powers of the State

Inherent in the State, exercised even without need of express

constitutional grant; Necessary and indispensable, State cannot be effective without

them;

Methods by which State interferes with private property; Presuppose equivalent compensation; and

Exercised primarily by the Legislature. Distinctions:

Police power regulates both liberty and property; eminent domain and taxation affect only property rights.

Police power and taxation are exercised only by government; eminent domain may be exercised by private entities.

Property taken in police power is usually noxious or intended for a noxious purpose and may thus be destroyed; while in eminent

domain and taxation, the property is wholesome and devoted to public use or purpose.

Compensation in police power is the intangible, altruistic feeling

that the individual has contributed to the public good; in eminent domain, it is the full and fair equivalent of the property taken;

while in taxation, it is the protection given and/or public improvements instituted by government for the taxes paid.

Limitations: The exercise of these fundamental powers is subject at all times to

the limitations and requirements of the Constitution and may, in proper cases be annulled by the Court of Justice.

1) Police power

It is the State authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. Generally, police power is lodged primarily in the National

Legislature. However, it may delegate it to the President and administrative boards as the lawmaking bodies of municipal

corporations or local government units. Once delegated, the agent can exercise only such powers as are conferred on them by the national

lawmaking. Characteristics of Police Power:

Police power is the most pervasive, the least limitable, and the most demanding of the three powers. It is the most essential, insistent,

and the least limitable power, extending as it does “to all the great


public needs.” It may be exercised if the activity or the property sought to be regulated has some relevance to the public welfare.

The justification is found in the Latin maxims, salus populi est suprema lex, which means the welfare of the people is the supreme law,

sic utere tuo ut alienum non laedas which means “No one should make evil use of his own property”, and the law of overruling necessity which means that the State has the power to restrain and regulate the use of

liberty and property for the promotion of public welfare.

Limitations include: Due Process Clause and Equal Protection Clause. Requisites for Valid Exercise:

1. Lawful Subject - that the activity or property sought to be

regulated affects the public welfare.

2. Lawful Means – it must be reasonably necessary for the accomplishment of the purpose. Both the end and the means must

be legitimate.

The taxing power may be used as an implement of police. Recent trends, however, would indicate not a polarization but a mingling of the police power and the power of eminent domain, with the latter being

used as an implement of the former like the power of taxation. In other words, eminent domain may be used as an implement to attain the

police objective. Superiority of Police Power

Police power cannot be bargained away through the medium of a treaty, contract or property rights. A treaty is always subject to

qualifications or amendments by a subsequent law; it can never curtail or restrict the scope of police power. While with contract the impairment

clause must yield to the police power whenever the contract deals with a subject affecting the public welfare. Thus, Police power cannot be

barred by the invocation of a treaty or contract. 2) Power of Eminent Domain

Power of Eminent Domain also known as the “power of expropriation” is the power to forcibly take private property for public

use upon payment of just compensation. Requisites of the Exercise of Eminent Domain:

a) Necessity – Purpose must be of public in character. If the genuine public necessity disappears, then there is no more point for the

government’s retention of the expropriated land. b) Private Property – Generally, all private property capable of

ownership may be expropriated and may include public utility.


However, expropriation of money would be futile act because the requirement for the payment of just compensation is also made in

money. c) Public Use – It includes any use that is of “usefulness, utility, or

advantage, or what is productive of general benefit of the public.” d) Taking – It is the appropriation of title to and possession of the

expropriated property; but may be availed of to impose only a

burden upon the owner of condemned property, without loss of title and possession.

Instances of taking are as follows:

a) The owner is actually deprived of his property; b) The owner is deprived of the ordinary use of his property; or c) He owner is deprived of jurisdiction, supervision, and control of his

property. Requirement of Actual taking:

a) Expropriator must enter the property;

b) Entry must not be for a momentary period only; c) Entry must be under a warrant or color of authority; d) Property must be devoted to Public use or otherwise informally

appropriated or injuriously affected; and e) Utilization of the property must be in such a way as to Oust the

owner and Deprive him of beneficial enjoyment of the property

Just Compensation – It is the full and fair equivalent of the property take; also known as the fair market value of the property. Note that the measure is the owner’s loss not the taker’s gain.

3) Power of Taxation

Taxation refers to the inherent power of the state to demand enforced contributions for public purposes.

Power of Taxation is the power by which the sovereign, through its law-making body, raises revenue to defray the necessary expenses of government. It is a way of apportioning the expenses of government

among those who in some measure are privileged to enjoy its benefits and must bear its burdens.

Scope of Taxation

It covers persons, property, or occupation to be taxed within the taxing jurisdiction. It is inherent in the power to tax that a State be free to select the subjects of taxations.

Generally, the legislature exercises such power however, upon valid delegation, the law-making bodies of LGUs and the President or as an

incident of emergency powers that Congress may grant to him may


exercise the power of taxation. Limitations on the Power of Taxation:

Inherent Limitations:

Situs or Territoriality of Taxation; Public Purpose; International Comity;

Non-delegability of power; and Exemption of government from taxation

Constitutional Limitations:

Due Process of Law Equal Protection of Law

Double Taxation

It is defined as taxing the same person twice by the same

jurisdiction over the same thing. However, there is no double taxation where one tax is imposed by the State and the other by City.

Tax Exemptions No law granting any tax exemptions shall be passed without the

concurrence of a majority of all the members of the Congress. BILL OF RIGHTS

In general, the Bill of Rights is the set of prescriptions setting

forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. The Bill of Rights is designed to

preserve the ideals of liberty, equality and security “against the assaults of opportunism, the expediency of the passing hour, the erosion of small

encroachments, and the scorn and derision of those who have no patience with general principles”

Primacy of Human Rights The primacy of human rights over property rights is recognized,

because these freedoms are delicate and vulnerable, as well as supremely precious in our society and the threat of sanctions may deter

their exercise almost as potently as the actual application of sanctions, they need breathing space to survive, permitting government regulation

only with narrow specificity. Human Rights are imprescriptible. 1. Due Process of Law and Equal Protection Law

Due process is a guaranty against any arbitrariness on the part of the government, whether committed by the legislative, executive, or the

judiciary. A law which hears before it condemns, which proceeds upon


inquiry and renders judgment only after trial. The embodiment of the sporting idea of fair play. The essence of Due Process is simple: It

gives an individual the opportunity to be heard, or an opportunity to explain one’s side, or an opportunity to seek a reconsideration of the

action or ruling complained of. Rights Protected are as follows:

1. Right to life – is not merely a right to the preservation of life but also the security of the limbs and organs of the human body against any

unlawful harm. 2. Right to Liberty – refers to something which is more than mere

freedom from physical restraint or bounds of a prison. It includes the right of the citizen to be free to use his faculties in all lawful ways.

3. Right to Property - is anything that can come under the right of

ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and

dispose of them Aspects of Due Process:

1. Substantive - this serves as a restriction on government's law and rule-making powers. It requires the intrinsic validity of the law in

interfering with the rights of the person to his life, liberty or property. The requisites are as follows: a) The law and the means to

accomplish the objective must be valid not oppressive; b) There must be a valid law upon which it is based; c) The Objective must be

pursued in a lawful manner; and d) The law must have been passed or approved to accomplish a valid Governmental objective.

2. Procedural Due Process - serves as a restriction on actions of judicial and quasi-judicial agencies of government.

The twin requirement of notice and hearing constitute the essential elements of procedural due process and neither of the elements can

be eliminated without running afoul of the constitutional guaranty. Exceptions are as follows: a) Cancellation of passport of a person

sought for the commission of a crime; b) The abatement of nuisance

per se; c) The preventive suspension of a civil service facing administrative charge; d) The distraint of properties for tax

delinquency; e) The padlocking of restaurant found to be unsanitary; and f) The issuance of temporary protection orders, writ of

preliminary attachment or of possession. The Requisites include: a) The Court trying the case is properly

clothed with judicial Power to hear and decide the case before it; b)

Jurisdiction is lawfully acquired by it over the person of the accused; c) The accused is given Opportunity to be heard; and d) Judgement is

rendered only upon lawful hearing.


2. Equal Protection of Law

Equal Protection of law provides that all persons or things similarly

situated should be treated alike, both as to rights conferred and responsibilities imposed. Natural and juridical persons are entitled to

this guarantee; but with respect to artificial persons, they enjoy the protection only insofar as their property is concerned. Classification means the grouping of persons or things similar to

each other in certain particulars and different from all other in these same particulars.

Requisites of Valid Classification include: a) It applies equally to all members of the same class; b) Such classification rest upon Substantial

distinction; c) It is Germane to the purpose of the law; and d) It is not confined to existing conditions. 3. Privacy of Communication and Correspondence

The right to privacy has been concisely defined as the right to be

left alone. It has also been defined as the right of a person to be free from unwarranted publicity and the right to live without interference by

the public in matters to live without the public is not necessarily concerned. Requisites of existence of right to privacy include:

a) Subjective – a person has exhibited an actual expectation of privacy; and b) Objective – the expectation is one that society is prepared to

recognize as reasonable. 4. Searches and Seizures

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of

whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue, except upon probable cause to

be determined personally by a judge, after examination under oath or affirmation of the complainant and the witnesses he may produce,

particularly describing the place to be searched, or the persons or things to the seized. Scope of the Protection

The protection is available to all persons, including aliens, whether

accused of a crime or not. Artificial persons are also entitled to the guarantee, although they may be required to open their books of

accounts for examination by the State in the exercise of police and taxing powers (See Moncada v. People’s Court, 80 Phil 1).

Nature

The right is personal; it may be invoked only by the person entitled

to it. As such, the right may be waived either expressly or impliedly but


the waiver must be made by the person whose right is invaded, not by one who is not duly authorized to effect such waiver.

The right applies as a distraint directed only against the government and its agencies tasked with the enforcement of the law.

The protection cannot extend to acts committed by private individuals to bring them within the ambit of alleged unlawful intrusion by the government.

The term unreasonable search and seizure is not defined in the Constitution or in General Order No. 58, and it is said to have no fixed,

absolute, or unchangeable meaning, although the term has been defined in general language. Thus, all illegal search and seizures are

unreasonable while lawful ones are reasonable. Requisites of a valid warrant:

1. Existence of Probable Cause Such facts and circumstances antecedent to the issuance of

the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof. While for a

search, such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense

are in the place sought to be searched. 2. Determination of probable cause personally by a judge

The determination of probable cause is the function of the judge; and the judge alone makes this determination. The

determination of probable cause depends to a large extent upon the finding or opinion of the judge who conducted the required examination of the applicant and the witnesses.

The Constitution seeks to avoid search warrants of broad and

general characterization or sweeping descriptions, which will authorize police officers to undertake a fishing expedition to seize and confiscate

any and all kinds of evidence or articles relating to an offense. A warrant of arrest is said to particularly describe the person to

be seized if it contains the name/s of the person/s to be arrested. While a search warrant may be said to particularly describe the things to be

seized when the description therein is as specific as the circumstances will ordinarily allow or when the description expresses a conclusion of

fact, not of law, by which the warrant officer may be guided in making the search and seizure; or when the things described are limited to those which bear direct relation to the offense for which the warrant is

being issued.

General warrant is one that allows the seizure of one thing under


a warrant describing another and gives the officer executing the warrant the discretion over which items to take.

John Doe Warrant is a warrant that is issued if the name of the person to be arrested is not known. Such warrant will satisfy the

constitutional requirement of particularity of description if there is some descriptio persona, which will enable the officer to identify the accused. Scattered – shot warrants are those warrants that are issued for

more than one specific offense. However, it is settled that a search warrant that covers several counts of a certain specific offense does not

violate the one–specific-offense rule. Searches for Fishing Expedition is a search warrant is not a

sweeping authority empowering a raiding party to undertake a fishing expedition to seize and confiscate any and all kinds of evidence or articles relating to a crime.

Exclusionary Rule is also known as the “Fruit of the Poisonous Tree” which provides that all evidence obtained in violation of Sec. 2,

Article III shall be inadmissible for any purpose in any proceeding. Seizure is limited to those items particularly described in a valid search

warrant. Stop-and-Frisk Doctrine is defined as the vernacular designation of the right of a police officer to stop a citizen on the street, interrogate

him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that criminal activity may be afoot.

Plain View Doctrine states that the object within the sight of an officer who has a right to be in a position to have that view are subject

to seizure and may be presented as evidence. 5. Freedom of Expression

This covers any and all modes of expression that are embraced in the guaranty. These freedom of expression includes freedom of speech

and free press, free assembly; free of petition, free to profess and practice religion and right of association or the right to form

associations. Aspects:

1. Freedom from censorship or prior restraint

There need not be total suppression; even restriction of circulation constitutes censorship. Prior restraint refers to official

governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.

2. Freedom from subsequent punishment This is a limitation on the power of the State to impose a

punishment after publication or dissemination. Criticism on the

government, no matter how severe is within the range of liberty of speech, unless the intention and effect be seditious.


Right of Association

The right to join associations also include the right not to join any

organizations. It is embraced in the freedom of expression because it can be used as vehicle for expression of views that has a bearing on the

public welfare. 6. Freedom of Religion

Religion is any specific system of belief, worship, conduct, etc., often involving a code of ethics and philosophy; profession of faith to an

active power that binds and elevated man to his creator. The principle of separation of church and state is based in mutual

respect. The State cannot meddle in the internal affairs of the Church, much less question its faith and dogmas or dictate upon it. On the contrary, the Church cannot impose its beliefs and convictions on the

State and the rest of the citizenry. It cannot demand that the nation follow its beliefs, even if it sincerely believes that they are good for the

country. 7. Liberty of Abode and Right to Travel

Liberty of Abode includes the right to choose one’s residence, to leave whenever he pleases and to travel wherever he will while right to

travel refers to the right to move from one place to another. Note that that there are limitations – the Liberty of Abode may be

impaired only upon lawful order of the court and within the limits prescribed by law. In contrast, right to travel may be curtailed even by

administrative authorities in the interest of national security, public safety or public health as may be provided. However, the right to return to one’s country is not included in the

right to travel. The right to travel only includes the right to travel from the Philippines to another country and the right to travel within the

Philippines. 8. Right to Information

The right to information contemplates inclusion of negotiations leading to the consummation of the transaction. Otherwise, the people

can never exercise the right if no contract is consummated, or if one is consummated, it may be too late for the public to expose its defects.

However, the right only affords access to records, documents and papers, which means the opportunity to inspect and copy them at his

expense. The exercise is also subject to reasonable regulations to protect the integrity of public records and to minimize disruption of government operations.

However, there are exceptions to the general rule. Having said that, the right does not extend to matters recognized as privileged

information rooted in separation of powers, nor to information on


military and diplomatic secrets, information affecting national security, and information on investigations of crimes by law enforcement

agencies before the prosecution of the accused. Likewise, an access to trade and industrial secrets.

The law may exempt certain types of information from public scrutiny, such as those affecting national security. The right to information is limited to disclosure and access. This means that the

constitution does not accord them to compel custodians of official records to prepare list, abstracts, summaries and the like in their desire

to acquire information on matters of public concern. 9. Right to Form an Association

The right to form associations cannot be impaired without due

process of law. It is deemed embraced in freedom of expression because

the organization can be used as a vehicle for the expression of views that have a bearing on the public welfare.

The right to assembly does not include the right to strike. The former is a separate civil right granted to workers of private employers

under the Labor Code. 10. Non – Impairment of Contracts

A contract is any lawful agreement on the property rights, whether real or personal, tangible or intangible. Impairment is anything that

diminishes the efficacy of a contract. To constitute a substantial impairment, the law must effect a change in the rights of the parties

with reference to each other and not with respect to non–parties. The non – impairment clause also protects public contracts including onerous franchise and privileges granted by the State.

However, licenses, marriage contract and public office are excluded. Hence, there is impairment when there is a change in the term of legal

contract between parties, either in the time or mode of performance, or imposes new conditions, or dispenses with those expressed, or

authorizes for its satisfaction something different from that provided in its terms. 11. Right of Suspects under Custodial Investigation

Custodial Investigation is any questioning initiated by law

enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It

includes the practice of issuing “invitation” to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for

any violations. The rights available for suspects are the Miranda Rights, which

include the 1) Right to remain silent wherein if the suspect refuses to


give a statement, no adverse inference shall be made from his refusal to answer questions; 2) the Right to have competent and independent

counsel [preferably of his own choice] at all stages of the investigation. If he cannot afford the services of counsel, he must be provided by the

Government) with one. The Right to counsel is intended to preclude the slightest coercion as would lead the accused to admit something false. The phrase “preferably of his own choice” does not convey the

message that the choice of a lawyer by a person under investigation is exclusive as to preclude other equally competent and independent

attorneys from handling the defense; otherwise, the tempo of custodial investigation will be solely in the hands of the accused who can impede,

nay, obstruct the progress of the interrogation by simply selecting a lawyer who, for one reason or another, is not available to protect his interest; 3) Right to be informed of such rights contemplates the

transmission of meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle.

Making the accused read his constitutional rights is simply not enough. The prosecution must show that the accused understood what he read,

and that he understood the consequences of his waiver; 4) Rights cannot be waived except in writing and signed by the person in the presence of his counsel; 5) No torture, force, etc., which vitiates

the free will shall be used; 6) Secret detention places, etc., are prohibited; and 7) Confessions/admissions obtained in violation of rights are inadmissible in evidence.

12. Right to bail

A bail is the security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance

before any court as required under conditions specified under the Rules of Court. A bail may be in the form of: 1) Cash deposit; 2) Property

bond; 3) Corporate surety; and 4) Recognizance. The right to bail emanates from the right to be presumed innocent.

It is accorded to a person in custody of the law who may by reason of the presumption of innocence he enjoys, be allowed provisional liberty upon filing a security to guarantee his appearance before any court, as

required under specific circumstances. Any person under detention, even if no formal charges have yet been filed, can invoke the right to

bail. Generally, the constitutional guaranty is only available in criminal

proceedings. However, it is not available to deportation proceeding which is administrative in nature. Thus, right is not available in such case as well as to military because it is an exception to the Bill of

Rights. The right to speedy trial is given more emphasis in the military where the right to bail does not exist. The denial of the right to bail to

the military does not violate the equal protection clause because there is


substantial distinction between the military and civilians. A person may bail when there is a matter of right. All person in

custody shall be admitted to bail as a matter of right except where the person is charged with an offense punishable by reclusion perpetua, life

imprisonment, or death and evidence of guilt is strong. However, a person may still bail under a matter of discretion. Even upon conviction by the RTC of an offense not punishable by death,

reclusion perpetua, or life imprisonment, the court on application may admit the accused to bail. However, after conviction in the RTC, bail

may be denied if there risk of absconding. When is bail denied?

a. When the accused is charged with a capital offense, or an offense punishable by reclusion perpetua or higher and evidence of guilt is

strong, then bail shall be denied, as it is neither a matter of right or of discretion

b. If the court imposed a penalty of imprisonment exceeding six (6) years but not more than twenty (20) years or if he is previously

granted bail be cancelled, upon showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

That the accused is recidivist, quasi – recidivist, or habitual delinquent or has committed the crime aggravated by the

circumstance of reiteration That the accused is found to have previously escaped from legal

confinement, evaded sentence, or has violated the conditions of his bail without valid justification

That the accused committed the offense while in probation,

parole, or under conditional pardon That the circumstances of the accused or his case indicate the

probability of flight if release on bail That there is undue risk that during the pendency of the appeal,

the accused may commit another crime Standards for Fixing Bail

Among the factors to be considered by the judge in fixing bail are as follows: 1) financial ability of the accused; 2) the nature and

circumstances of the offense; 3) the penalty for the offense charged; 4) the character and reputation of the accused; 5) his age and health;

6) the weight of the evidence against him; 7) the probability of his appearing at the trial; 8) the forfeiture of other bonds by him; 9) the fact that he was a fugitive from justice when arrested; and 10) the pendency

of other cases in which he is under bond.


Cancellation of bail takes place upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.

13. Rights of the Accused

A. Criminal due process. Requisites of due process as applied to criminal proceedings are as follows:

The accused has been heard in a court of competent jurisdiction;

The accused is proceeded against under the orderly processes of law; The accused has been given notice and the opportunity to be heard;

The judgment rendered was within the authority of a constitutional law

B. Presumption of Innocence

Every circumstance favoring the innocence of the accused must be taken into account. The proof against him must survive the test of

reason; the strongest suspicion must not be permitted to sway judgment.

Reasonable Doubt is doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind

rest easy upon the certainty of guilt. Proof Beyond Reasonable Doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty.

Only moral certainty is required. The Equipoise Rule is a principle that provides that when the

pieces of evidence of both sides are equally balanced, the constitutional presumption of innocence must be given greater weight in favor of the

accused. C. Right to be heard by Himself and Counsel The right to be heard is the totality of the rights embodied in an

adequate criminal procedural system, which can be viewed as expressing both the qualities of the hearer and the manner of hearing. If

he opts to be silent where he has a right to speak, he cannot later be heard to complain that he was unduly silenced. D. Right to be Informed of the nature and cause of the accusation

against Him The Rationale/Purpose for this right are as follows:

To furnish the accused with such a description of the charge against him as will enable him to prepare for his defense;

To avail himself of his conviction or acquittal for protection against a further prosecution for the same cause; and

To inform the Court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction.

Requisites. In order that the constitutional right of the accused to be informed of the nature and cause of the accusation against him may

not be violated, the following must be present:


a. The information must state the name of the accused, b. The designation given to the offense by statute,

c. A statement of the acts or omission so complained of as constituting the offense,

d. The name of the offended party, e. The approximate time and date of the commission of the offense and f. The place where the offense had been committed.

Note that the information must set forth the facts and circumstances that have a bearing on the culpability and liability of the

accused, so that the accused can prepare for and undertake his defense.

E. Right to Speedy, Impartial, and Public Trial A Speedy Trial is a trial free from vexatious, capricious and

oppressive delays. But justice and fairness, not speed, are the objectives. Accused is entitled to dismissal, equivalent to acquittal, if

trial is unreasonably delayed. Impartial trial is when the accused is entitled to the “cold

neutrality of an impartial judge”. Public trial, on the other hand, is intended to prevent possible abuses which may be committed against the accused.

The rule is not absolute. An accused has a right to a public trial, but it is a right that belongs to him more than anyone else, where his

life or liberty can be held critically in balance. A public trial aims to ensure that he is fairly dealt with and would not be unjustly condemned

and that his rights are not compromised in secret conclaves of long ago. A public trial is not synonymous with a publicized trial; it only implies that the court doors must be open to those who wish to come, sit in the

available seats, conduct themselves with decorum and observe the trial process. F. Right to Self – Incrimination

An incriminating question is a question that would have a

tendency to incriminate if it tends to elicit, even just one, of the elements of a criminal act. The right is available not only in criminal prosecutions but also in

all other government proceedings, including civil actions and

administrative or legislative investigations. It may be claimed not only

by the accused but also by any witness to whom a question calling for an incriminating answer is addressed.

The kernel of the right is not against all compulsion, but testimonial compulsion only The right against self - incrimination is simply against the legal process of extracting from the lips of the

accused an admission of his guilt. It does not apply where the evidence sought to be excluded is not an incriminating statement but an object

evidence.


What is actually proscribed is the use of physical or moral compulsion to extort communication from the accused-appellant and

not the inclusion of his body in evidence when it may be material. The right against self-incrimination may be waived, either directly

or by a failure to invoke it, provided the waiver is certain and unequivocal and intelligently made. Thus, the accused who takes the witness stand voluntarily and offers testimony in his behalf may be

cross-examined and asked incriminating questions on any matter he testified to on direct examination. G. Non-detention by reason of political beliefs or aspirations

No man is to be interfered with because of his opinions, provided

his avowal of them does not disturb public order or established law. H. Involuntary servitude It is the condition where one is compelled by force, coercion, or

imprisonment, and against his will, to labor for another, whether he is paid or not. I. Excessive Fines and Cruel and Inhumane Punishments

A fine is excessive when it is clearly shown that the nature of the

violation compared with the fine is disproportionate, or if it exceeds the utmost limit of the punishment which the vindication of the law demands.

Mere severity does not constitute cruel or unusual punishment To violate the constitutional guarantee, the penalty must be flagrantly and

plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community Settled is the rule that a

punishment authorized by statute is not cruel or degrading unless it is flagrantly and plainly oppressive or wholly disproportionate to the nature of the offense. It takes more than merely being harsh, excessive,

out of proportion or severe for a penalty to be obnoxious to the Constitution. J. Non – Impairment for Debt

While the debtor cannot be imprisoned for failure to pay his debt,

he can be validly punished in a criminal action if he contracted his debt through fraud, as his responsibility arises not from the contract of loan, but from the commission of the crime. K. Double Jeopardy

Requisites include:

A previous case must be filed and must contain the following: 1. A valid Complaint or Information;

2. Filed before a Competent Court; 3. To which defendant has pleaded; and 4. Defendant was previously acquitted or convicted or the case is

dismissed or otherwise terminated without his express consent

The subsequent complaint or information filed containing a crime


that is: a. The same offense;

b. An attempt to commit the said offense; c. A frustration of the said offense;

d. Any offense which is necessarily includes the first offense charged; and

e. Any offense which is necessarily included in the first offense

charged. Hence, the filing of the subsequent complaint or information

constitute double jeopardy against the accused. L. Ex Post Facto Law and Bill of Attainder Kinds of Ex Post Facto Law:

a. Every law that makes criminal an action done before the passage of the law and which was innocent when done, and punishes such

action; b. Every law that aggravates a crime, or makes it greater than it was

when committed; c. Every law that changes punishment, and inflicts a greater

punishment than the law annexed to the crime when committed; d. Every law that alters the legal rules of evidence, and receives less

or different testimony than the law required at the time of the

commission of the offense, in order to convict the offender; e. Every law which, assume right for something which when done

was lawful; f. Every law which deprives persons accused of a crime of some

lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnesty;

Characteristics include:

a. It refers to criminal matters; b. It is retroactive in application; and

c. It works to the prejudice of the accused. Bill of Attainder is defined as a legislative act that inflicts

punishment without trial. It substitutes legislative fiat for a judicial determination of guilt. Thus, it is only when a statute applies either to

named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial that

it becomes a bill of attainder.


WORKSHEET 4.2A


NAME:

SCORE:

YEAR/SECTION:

DATE:

Fill in the Blank. Complete the Preamble below by filling-in with the correct word/s.

Preamble

We, the 1.__________ Filipino people, imploring the 2._______ of

Almighty God, in order to build a just and 3.__________ society, and

establish a Government that shall embody our 4.__________ and

aspirations, promote the 5.______________, conserve and develop our

6.____________, and secure to ourselves and our posterity, the blessings

of 7._____________ and 8._____________ under the rule of law and a

regime of truth, 9.____________, freedom, 10.______, equality, and

peace, do ordain and promulgate this Constitution.

What do you think is the primary purpose of the Preamble?

_____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ Write the part of the Preamble that says that the Constitution is

Pro-God.

_____________________________________________________________________ _____________________________________________________________________

_____________________________________________________________________ Write the part of the Preamble that says that the Constitution is Pro-Country.

_____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________

Write the part of the Preamble that says that the Constitution is Pro-Filipino.

_____________________________________________________________________ _____________________________________________________________________

_____________________________________________________________________

Suggested Learning Activities:

1. Divide the class into 5 groups. The task of each group is to give

at least five (5) differences and five similarities of the 1935, 1973 and the 1987 Constitution and explain the rationale behind such distinction in the form of a short report.

2. Write a 100-word Reflection Paper on the topic: What is

Philippine Bill of 1902? Is there any significance of it to the Filipino people?

3. Give the rationale behind the Tydings – Mcduffie Act? Write an Analysis Paper on the pros and cons of the said act.


BRIEF HISTORY OF TAXATION

Pre – Colonial Period

During the pre – colonial era there was no national government only

barangays that is headed by a Datu. The Filipino people then pays taxes to the Datu for their protection. This taxes are

called “buwis”. Consequently, the non-payment of taxes during this period

was already punishable but the chieftain’s family members were enjoying

exemption from paying taxes as well. Judicial process was influenced by

religion and by waiting the intervention of the deities. Wherein Datu served as the chief judge who was assisted by group of elders in the barangay that acted as members of the jury.

During this time there were three classes: 1) ”tumao” class (includes datu) were the nobility of pure royal descent; 2) ”timawa”

class, warrior class or the “the third rank of nobility;" and 3) the "free men, neither chiefs nor slaves" required to render military service to the

datu in hunts, land wars or sea raids . They could acquire property, acquire any job they want, pick their own wives, and acquire an alipin. They were however expected to pay taxes, and support the Maginoo

class. They are the only class to pay taxes, and hence their importance in the community. “Oripun”class (commoners and slaves), renders

services to the tumao and timawa for debts or favors. The Alipin did not likely make any money for their services, and hence did not pay taxes.

Spanish Era During the 17th and 18th

centuries, the Contador de' Resultas served as the Chief Royal

Accountant whose functions were similar to the Commissioner of

Internal Revenue. He was the Chief Arbitrator whose decisions on financial matters were final except

when revoked by the Council of Indies. During these times, taxes


THE POWER OF TAXATION

LESSON 4.3

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https://www.google.com/search?q=TAXATION&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjF1ZaAu6jjAhUDZt4KHUYiDasQ_AUIECgB&biw=1093&bih=526#imgrc=qkUN6MFQYLQHSM:

https://www.google.com/search?q=spanish+era+taxation+in+the+philippines&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiBreOsvKjjAhVWfd4KHSwlDSoQ_AUIECgB&biw=1093&bih=526#imgrc=9hbNNVSM1Dy6kM:

https://www.google.com/search?q=spanish+era+taxation+in+the+philippines&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiBreOsvKjjAhVWfd4KHSwlDSoQ_AUIECgB&biw=1093&bih=526#imgrc=9hbNNVSM1Dy6kM:

that were collected from the inhabitants varied from tribute or

head tax of one gold maiz annually; tax on value of jewelries

and gold trinkets; indirect taxes on tobacco, wine, cockpits, burlas and powder. From 1521 to 1821,

the Spanish treasury had to subsidize the Philippines in the

amount of P 250,000.00 per annum due to the poor financial

condition of the country, which can be primarily attributed to the poor revenue collection system.

American Era

In the early American regime from the period 1898 to 1901, the country was ruled by American military governors. In 1902, the first

civil government was established under William H. Taft. However, it was only during the term of second civil governor Luke E. Wright that the Bureau of Internal Revenue (BIR) was created through the passage of

Reorganization Act No. 1189 dated July 2, 1904. On August 1, 1904, the BIR was formally organized and made operational under the

Secretary of Finance, Henry Ide (author of the Internal Revenue Law of 1904), with John S. Hord as the first Collector (Commissioner). The first

organization started with 69 employees, which consisted of a Collector, Vice-Collector, one Chief Clerk, one Law Clerk, one Records Clerk and three (3) Division Chiefs.

Following the tenure of John S. Hord were three (3) more American collectors, namely: Ellis Cromwell (1909-1912), William T. Holting (1912

-1214) and James J. Rafferty (1914-1918). They were all appointed by the Governor-General with the approval of the Philippine Commission

and the US President. During the term of Collector Holting, the Bureau had its first reorganization on January 1, 1913 with the creation of eight (8)

divisions, namely: 1) Accounting, 2) Cash, 3) Clerical, 4) Inspection, 5) Law, 6) Real Estate, 7) License and 8) Records. Collections by the Real

Estate and License Divisions were confined to revenue accruing to the City of Manila.

In line with the Filipinization policy of then US President McKinley, Filipino Collectors were appointed. The first three (3) BIR Collectors were: Wenceslao Trinidad (1918-1922); Juan Posadas, Jr. (1922-1934)

and Alfredo Yatao (1934-1938). On May 1921, by virtue of Act No. 299, the Real Estate, License

and Cash Divisions were abolished and their functions were transferred


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to the City ofManila. As a result of this transfer, the Bureau was left with five (5) divisions, namely: 1) Administrative, 2) Law, 3) Accounting,

4) Income Tax and 5) Inspection. Thereafter, the Bureau established the following: 1) the Examiner's Division, formerly the Income Tax

Examiner's Section which was later merged with the Income Tax Division and 2) the Secret Service Section, which handled the detection and surveillance activities but was later abolished on January 1, 1951.

Except for minor changes and the creation of the Miscellaneous Tax Division in 1939, the Bureau's organization remained the same from

1921 to 1941. In 1937, the Secretary of Finance promulgated Regulation No. 95,

reorganizing the Provincial Inspection Districts and maintaining in each province an Internal Revenue Office supervised by a Provincial Agent. Japanese Era

At the outbreak of World War II, under the Japanese regime (1942-

1945), the Bureau was combined with the Customs Office and was headed by a Director of Customs and Internal Revenue.

Post-War Era On July 4, 1946, when the Philippines gained its independence

from the United States, the Bureau was eventually re-established separately. This led to a reorganization on October 1, 1947, by virtue of

Executive Order No. 94, wherein the following were undertaken: 1) the Accounting Unit and the Revenue Accounts and Statistical Division

were merged into one; 2) all records in the Records Section under the Administrative Division were consolidated; and 3) all legal work were centralized in the Law Division.

Revenue Regulations No. V-2 dated October 23, 1947 divided the country into 31 inspection units, each of which was under a Provincial

Revenue Agent (except in certain special units which were headed by a City Revenue Agent or supervisors for distilleries and tobacco factories).

The second major reorganization of the Bureau took place on January 1, 1951 through the passage of Executive Order No. 392. Three (3) new departments were created, namely: 1) Legal, 2) Assessment and

3) Collection. On the latter part of January of the same year, Memorandum Order No. V-188 created the Withholding Tax Unit, which

was placed under the Income Tax Division of the Assessment Department. Simultaneously, the implementation of the withholding tax

system was adopted by virtue of Republic Act (RA) 690. This method of collecting income tax upon receipt of the income resulted to the collection of approximately 25% of the total income tax collected during

the said period. The third major reorganization of the Bureau took effect on March

1, 1954 through Revenue Memorandum Order (RMO) No. 41. This led to


the creation of the following offices: 1) Specific Tax Division, 2) Litigation Section, 3) Processing Section and the 4) Office of the City Revenue

Examiner. By September 1, 1954, a Training Unit was created through RMO No. V-4-47.

As an initial step towards decentralization, the Bureau created its first 2 Regional Offices in Cebu and in Davao on July 20, 1955 per RMO No. V-536. Each Regional Office was headed by a Regional Director,

assisted by Chiefs of five (5) Branches, namely: 1) Tax Audit, 2) Collection, 3) Investigation, 4) Legal and 5) Administrative. The creation

of the Regional Offices marked the division of the Philippine islands into three (3) revenue regions.

The Bureau's organizational set-up expanded beginning 1956 in line with the regionalization scheme of the government. Consequently, the Bureau's Regional Offices increased to (8) eight and later into ten

(10) in 1957. The Accounting Machine Branch was also created in each Regional Office.

In January 1957, the position title of the head of the Bureau was changed from Collector to Commissioner. The last Collector and the first

Commissioner of the BIR was Jose Aranas. A significant step undertaken by the Bureau in 1958 was the establishment of the Tax Census Division and the corresponding Tax

Census Unit for each Regional Office. This was done to consolidate all statements of assets, incomes and liabilities of all individual and

resident corporations in the Philippines into a National Tax Census. To strictly enforce the payment of taxes and to further discourage

tax evasion, RA No. 233 or the Rewards Law was passed on June 19, 1959 whereby informers were rewarded the 25% equivalent of the revenue collected from the tax evader.

In 1964, the Philippines was re-divided anew into 15 regions and 72 inspection districts. The Tobacco Inspection Board and Accountable

Forms Committee were also created directly under the Office of the Commissioner.

Marcos Administration The appointment of Misael Vera as Commissioner in 1965 led the

Bureau to a "new direction" in tax administration. The most notable programs implemented were the "Blue Master Program" and the

"Voluntary Tax Compliance Program". The first program was adopted to curb the abuses of both the taxpayers and BIR personnel, while the

second program was designed to encourage professionals in the private and government sectors to report their true income and to pay the correct amount of taxes.

It was also during Commissioner Vera's administration that the country was further subdivided into 20 Regional Offices and 90

Revenue District Offices, in addition to the creation of various offices


which included the Internal Audit Department (replacing the Inspection Department), Administrative Service Department, International Tax

Affairs Staff and Specific Tax Department. Providing each taxpayer with a permanent Tax Account Number

(TAN) in 1970 not only facilitated the identification of taxpayers but also resulted to faster verification of tax records. Similarly, the payment of taxes through banks (per Executive Order No. 206), as well as the

implementation of the package audit investigation by industry are considered to be important measures which contributed significantly to

the improved collection performance of the Bureau. The proclamation of Martial Law on September 21, 1972 marked

the advent of the New Society and ushered in a new approach in the developmental efforts of the government. Several tax amnesty decrees issued by the President were promulgated to enable erring taxpayers to

start anew. Organization-wise, the Bureau had also undergone several changes during the Martial Law period (1972-1980).

In 1976, under Commissioner Efren Plana's administration, the Bureau's National Office transferred from the Finance Building in

Manila to its own 12-storey building in Quezon City, which was inaugurated on June 3, 1977. It was also in the same year that President Marcos promulgated the National Internal Revenue Code of

1977, which updated the 1934 Tax Code. On August 1, 1980, the Bureau was further reorganized under the

administration of Commissioner Ruben Ancheta. New offices were created and some organizational units were relocated for the purpose of

making the Bureau more responsive to the needs of the taxpaying public. Aquino Administration

After the People's Revolution in February 1986, a renewed thrust

towards an effective tax administration was pursued by the Bureau. "Operation: Walang Lagay" was launched to promote the efficient and

honest collection of taxes. On January 30, 1987, the Bureau was reorganized under the administration of Commissioner Bienvenido Tan, Jr. pursuant to

Executive Order (EO) No. 127. Under the said EO, two (2) major functional groups headed and supervised by a Deputy Commissioner

were created, and these were: 1) the Assessment and Collection Group; and 2) the Legal and Internal Administration Group.

With the advent of the value-added tax (VAT) in 1988, a massive campaign program aimed to promote and encourage compliance with the requirements of the VAT was launched. The adoption of the VAT

system was one of the structural reforms provided for in the 1986 Tax Reform Program, which was designed to simplify tax administration and

make the tax system more equitable. It was also in 1988 that the


Revenue Information Systems Services Inc. (RISSI) was abolished and transferred back to the BIR by virtue of a Memorandum Order from the

Office of the President dated May 24, 1988. This transfer had implications on the delivery of the computerization requirements of the

Bureau in relation to its functions of tax assessment and collection. The entry of Commissioner Jose Ong in 1989 saw the advent of the "Tax Administration Program" which is the embodiment of the Bureau's

mission to improve tax collection and simplify tax administration. The Program contained several tax reform and enhancement measures,

which included the use of the Taxpayer Identification Number (TIN) and the adoption of the New Payment Control System and Simplified Net

Income Taxation Scheme. Ramos Administration

The year 1993 marked the entry into the Bureau of its first lady Commissioner, Liwayway Vinzons-Chato. In order to attain the Bureau's

vision of transformation, a comprehensive and integrated program known as the ACTS or Action-Centered Transformation Program was

undertaken to realign and direct the entire organization towards the fulfillment of its vision and mission. It was during Commissioner Chato's term that a five-year Tax

Computerization Project (TCP) was undertaken in 1994. This involved the establishment of a modern and computerized Integrated Tax System

and Internal Administration System. Further streamlining of the BIR was approved on July 1997

through the passage of EO No.430, in order to support the implementation of the computerized Integrated Tax System. Highlights of the said EO included the: 1) creation of a fourth Revenue Group in

the BIR, which is the Legal and Enforcement Group (headed by a Deputy Commissioner); and 2) creation of the Internal Affairs Service,

Taxpayers Assistance Service, Information Planning and Quality Service and the Revenue Data Centers.

Estrada Administration With the advent of President Estrada's administration, a Deputy

Commissioner of the BIR, Beethoven Rualo, was appointed as Commissioner of Internal Revenue. Under his leadership, priority

reform measures were undertaken to enhance voluntary compliance and improve the Bureau's productivity. One of the most significant

reform measures was the implementation of the Economic Recovery Assistance Payment (ERAP) Program, which granted immunity from audit and investigation to taxpayers who have paid 20% more than the

tax paid in 1997 for income tax, VAT and/or percentage taxes. In order to encourage and educate consumers/taxpayers to

demand sales invoices and receipts, the raffle promo "Humingi ng


Resibo, Manalo ng Libo-Libo" was institutionalized in 1999. The Large Taxpayers Monitoring System was also established under Commissioner

Rualo's administration to closely monitor the tax compliance of the country's large taxpayers.

The coming of the new millennium ushered in the changing of the guard in the BIR with the appointment of Dakila Fonacier as the new Commissioner of Internal Revenue. Under his administration, measures

that would enhance taxpayer compliance and deter tax violations were prioritized. The most significant of these measures include: full

utilization of tax computerization in the Bureau's operations; expansion of the use of electronic Documentary Stamp Tax metering machine and

establishment of tie-up with the national government agencies and local government units for the prompt remittance of withholding taxes; and implementation of Compromise Settlement Program for taxpayers with

outstanding accounts receivable and disputed assessments with the BIR.

Memoranda of Agreement were also forged with the league of local government units and several private sector and professional

organizations (i.e. MAP, TMAP, PCCI, FFCCCI, etc.) to help the BIR implement tax campaign initiatives. On September 1, 2000, the Large Taxpayers Service (LTS) and the

Excise Taxpayers Service (ETS) were established under EO No. 175 to reinforce the tax administration and enforcement capabilities of the

BIR. Shortly after the establishment of said revenue services, a new organizational structure was approved on October 31, 2001 under EO

No. 306 which resulted in the integration of the functions of the ETS and the LTS. In line with the passage of the Electronic Commerce Act of 2000 on

June 14, the Bureau implemented a Full Integrated Tax System (ITS) Rollout Acceleration Program to facilitate the full utilization of tax

computerization in the Bureau's operations. Under the Program, seven (7) ITS back-end systems were released in stages in RR 8 - Makati City

and the Large Taxpayers Service. Arroyo Administration

Following the momentous events of EDSA II in January 2001, newly-installed President Gloria Macapagal-Arroyo appointed a former

Deputy Commissioner, Atty. René G. Bañez, as the new Commissioner of Internal Revenue.

Under Commissioner Bañez's administration, the BIR’s thrust was to transform the agency to make it taxpayer-focused. This was undertaken through the implementation of change initiatives that were

directed to: 1) reform the tax system to make it simpler and suit the Philippine culture; 2) reengineer the tax processes to make them

simpler, more efficient and transparent; 3) restructure the BIR to give it


financial and administrative flexibility; and 4) redesign the human resource policies, systems and procedures to transform the workforce to

be more responsive to taxpayers' needs. Measures to enhance the Bureau's revenue-generating capability

were also implemented, the most notable of which were the implementation of the Voluntary Assessment Program and Compromise Settlement Program and expansion of coverage of the creditable

withholding tax system. A technology-based system that promotes the paperless filing of tax returns and payment of taxes was also adopted

through the Electronic Filing and Payment System (eFPS). With the resignation of Commissioner Bañez on August 19, 2002,

Finance Undersecretary Cornelio C. Gison was designated as interim BIR Commissioner. Eight days later (on August 27, 2002), former Customs Commissioner, Guillermo L. Parayno, Jr. was appointed as the

new Commissioner of Internal Revenue (CIR). Barely a month since his assumption to duty as the new CIR,

Commissioner Parayno offered a Voluntary Assessment and Abatement Program (VAAP) to taxpayers with under-declared sales/receipts/

income. To enhance the collection performance of the BIR, Commissioner Parayno adopted the use of new systems such as the Reconciliation of Listings for Enforcement or RELIEF System to detect

under-declarations of taxable income by taxpayers and the electronic broadcasting system to enhance the security of tax payments. It was

also under Commissioner Parayno’s administration that the BIR expanded its electronic services to include the web-based TIN

application and processing; electronic raffle of invoices/receipts; provision of e-payment gateways; e-substituted filing of tax returns and electronic submission of sales reports. The conduct of special

operations on high profile tax evaders, which resulted to the filing of tax cases under the Run After Tax Evaders (RATE) Program marked

Commissioner Parayno’s administration as well as the conduct of Tax Compliance Verification Drives and accreditation and registration of

cash register machines and point-of-sale machines. To improve taxpayer service, the Bureau also established a BIR Contact Center in the National Office and eLounges in Regional Offices.

On October 28, 2006, Deputy Commissioner for Legal and Inspection Group, Jose Mario C. Buñag was appointed as full-fledged

Commissioner of Internal Revenue. Under his administration, the Bureau attained success in a number of key undertakings, which

included the expansion of the RATE Program to the Regional Offices; inclusion of new payment gateways, such as the Efficient Service Machines and the G-Cash and SMART Money facilities; implementation

of the Benchmarking Method and installation of the Bureau’s e-Complaint System, a new e-Service that allows taxpayers to log their

complaints against erring revenuers through the BIR website. The


Nationwide Rollout of Computerized Systems (NRCS) was also undertaken to extend the use of the Bureau’s Integrated Tax System

across its non-computerized Revenue District Offices. In 2007, the National Program Support for Tax Administration Reform (NPSTAR), a

program funded by various international development agencies, was launched to improve the BIR efficiency in various areas of tax administration (i.e. taxpayer compliance, tax enforcement and control,

etc.). On June 29, 2007, Commissioner Buñag relinquished the top post

of the BIR and was replaced by Deputy Commissioner for Operations Group, Lilian B. Hefti, making her the second lady Commissioner of the

BIR. Commissioner Hefti focused on the strengthening of the use of business intelligence by embarking on data matching of income payments of withholding agents against the reported income of the

concerned recipients. Information sharing between the BIR and the Local Government Units (LGUs) was also intensified through the LGU

Revenue Assurance System, which aims to uncover fraud and non-payment of taxes. To enhance the Bureau’s audit capabilities, the

use of Computer-Assisted Audit Tools and Techniques (CAATTs) was also introduced in the BIR under her term. With the resignation of Commissioner Hefti in October 2008,

former BIR Deputy Commissioner for Legal and Enforcement Group, Sixto S. Esquivias IV was appointed as the new Commissioner of

Internal Revenue. Commissioner Esquivias’ administration was marked with the conduct of nationwide closure of erring business

establishments under the “Oplan Kandado” Program. A Taxpayer Feedback Mechanism (through the eComplaint facility accessible via the BIR Website) was also established under his term where complaints on

erring BIR employees and taxpayers who do not pay taxes and do not issue ORs/invoices can be reported. In 2009, the Bureau revived its

“Handang Maglingkod” Project where the best frontline offices were recognized for rendering effective taxpayer service.

When Commissioner Esquivias resigned in November 2009, Senior Deputy Commissioner, Joel L. Tan-Torres assumed the position of Commissioner of Internal Revenue. Under his administration,

Commissioner Tan-Torres pursued a high visibility public awareness campaign on the Bureau’s enforcement and taxpayers’ service

programs. He institutionalized several programs/projects to improve revenue collections, and these include Project R.I.P (Rest in Peace);

intensified filing of tax evasion cases under the re-invigorated RATE Program; conduct of Taxpayers Lifestyle Check and development of Industry Champions. Linkages with various agencies (i.e. LTO, SEC,

BLGF, PHALTRA, etc.) were also established through the signing of several Memoranda of Agreement to improve specific areas of tax

administration.


P-Noy Aquino Administration Following the highly acclaimed inauguration of President Benigno

C. Aquino III on June 30, 2010, a former BIR Deputy Commissioner, Atty. Kim S. Jacinto-Henares, was appointed as the new Commissioner

of Internal Revenue. During her first few months in the BIR, Commissioner Henares focused on the filing of tax evasion cases under the RATE Program, in compliance with the SONA pronouncements of

President Aquino. Duterte Administration

Last December 19, 2017, the President signed into law Package 1 of the

Comprehensive Tax Reform Program also known as the Tax Reform for Acceleration and Inclusion (TRAIN) as Republic Act (RA) No. 109631. The law provides for the amendments to several provisions of the

National Internal Revenue Code of 1997 (NIRC of 1997) on personal income taxation, passive income for both individuals and corporations,

estate tax, donor’s tax, value-added tax (VAT), excise tax, documentary stamp tax (DST), and tax administration, among others.

It likewise introduced new taxes such as the excise tax on cosmetic surgery and sugar-sweetened beverages. The additional revenues that will be generated in the implementation of the Act shall be used to fund

the President’s priority infrastructure and social programs that will ultimately benefit the poor. RA 10963 was published in the Philippines’

Official Gazette last December 27, 2017 and took effect last January 1, 2018.

TAXATION Taxation refers to the inherent power of the state to demand

enforced contributions for public purposes. It is the power by which the sovereign, through its law-making body, raises revenue to defray the

necessary expenses of government. It is a way of apportioning the

expenses of government among those who in some measure are

privileged to enjoy its benefits and must bear its burdens. Taxes are enforced proportional contribution from persons and property, levied by the state by virtue of its sovereignty for the support

of the government and for all its public needs.

Scope of Taxation

It covers persons, property, or occupation to be taxed within the taxing jurisdiction. It is inherent in the power to tax that a State be free

to select the subjects of taxations. Generally, the legislature exercises such power however, upon valid

delegation, the law-making bodies of LGUs and the President or as an incident of emergency powers that Congress may grant to him may exercise the power of taxation.


Taxes are collected for the following purposes and objectives: 1) Revenue Raising from those collected taxes that are intended

primarily to finance the government and its activities; and 2) Non–Revenue/Sumptuary Purposes for: a) Promotion of General Welfare,

b) Regulation, c) Reduction of Social Inequality/Compensatory Purpose, d) Encourage Economic Growth and e) Protectionism. The Limitations on the Power of Taxation include: 1) Inherent

Limitations (such as Situs or Territoriality of Taxation; Public Purpose; International Comity; Non-delegability of power; and Exemption of

government from taxation), and 2) Constitutional Limitation (such as Due Process of Law and Equal Protection of Law).

The Basis of Taxation is founded on the Life Blood Theory. Taxation is indispensable and inevitable price for civilized society, without taxes, the government would be paralyzed for lack of the

motives power to activate and operate it. Hence, the collection of taxes must be made without hindrance if the State is to maintain its orderly

existence. Theories of Taxation

1. Necessity Theory The existence of the government is necessity. It cannot continue

without a means to pay its expenses and therefore has a right to compel all citizens and property within its power to contribute. 2. Benefits – Protection/Reciprocity Theory

Obligation to pay taxes is involuntary and compulsory, in exchange for

the protection and benefits one receives from the government; taxes are paid for the enjoyment of the benefit of organized society. Liabilities Involved

A tax creates civil liability on the part of the delinquent taxpayer

although the non – payment thereof (due to failure or refusal to pay) creates a criminal liability which could be the subject of criminal

prosecution under existing law. To sum, in taxation, it is one’s failure to comply with the civil liability to pay taxes which gives rise to the criminal liability. Nevertheless, taxes to be paid are personal to the

taxpayer. Principles of a Sound Tax System

1. Fiscal Adequacy – sources of the government revenue must be

sufficient to meet government expenditures and other public needs. 2. Administrative Feasibility – tax laws must be capable of being

effectively enforced with the least inconvenience to the taxpayer.

3. Theoretical Justice – a sound tax system must be based on the taxpayers’ ability to pay. Taxation must be uniform and equitable.


Nature of Taxing Power

Inherent in sovereignty. The power of taxation is inherent in

sovereignty as an incident or attribute thereof, being essential to the existence of every government. It can be exercised by the government

even if the Constitution is entirely silent on the subject. a. Constitutional provisions relating to the power of taxation do not operate as grants of the power to the government. They merely

constitute limitations upon a power which would otherwise be practically without limit.

b. While the power to tax is not expressly provided for in our constitutions, its existence is recognized by the provisions relating to

taxation. Legislative in character. The power to tax is exclusively legislative

and cannot be exercised by the executive or judicial branch of the government except where the Constitution provides otherwise.

Scope of Legislative Taxing Power

a. Subjects of Taxation – as to the persons, property or occupation etc. to be taxed

b. Amount or rate of the tax

c. Purposes for which taxes shall be levied provided they are public purpose.

d. Apportionment of the tax e. Situs of taxation – place of taxation

f. Method of collection DOCTRINES IN TAXATION Prospectivity of Tax Laws

Generally, tax laws are prospective in application. Except when the

language of the statute clearly demands or expresses that it shall have a retroactive effect. No – Retroactivity of Rulings

Generally, any revocation, modification or reversal of any of the rules and regulations, rulings and circular promulgated by the

Commissioner shall not be given retroactive application if it will be prejudicial to the taxpayers. Except where the taxpayer deliberately

misstates or omits material facts from his return or any document, where the facts subsequently gathered by the BIR are materially

different from the facts on which the ruling is based, or where the taxpayer acted in bad faith. Doctrine of Equitable Recoupment

This doctrine provides that a tax claim for refund, which is prevented by prescription, may be allowed to be used as payment for

unsettled tax liabilities if both taxes arise from the same transaction in


which overpayment is made and underpayment is due. Nevertheless, this doctrine is not applicable in our jurisdiction. Imprescriptibility of Taxes

Generally, the right to assess and to collect are imprescriptible,

except when the laws provide for statute of limitations. Uniformity and Equitable Uniformity requires that all subjects or objects of taxation similarly

situated are to be treated alike or put on equal footing both in privileges and liabilities; means all taxable articles or kinds or property of the

same class shall be taxed at the same rate. Thus, a tax is uniform when the same force and effect in every place where the subject of it is

found. On the other hand, equitable means fair, just, reasonable and proportionate to one’s ability to pay.

Double Taxation

It is defined as taxing the same person twice by the same jurisdiction over the same thing. However, there is no double taxation

where one tax is imposed by the State and the other by City. Kinds of Double Taxation:

a. Obnoxious or Direct Duplicate Taxation

b. Permissive or Indirect Duplicate

In the strict sense, double taxation means direct double taxation. This means that the same property is taxed twice when it should be

taxed only once and that both taxes are imposed on the same subject matter for the same purpose, by the same taxing authority within the same jurisdiction during the same taxing period and covering the same

kind of tax. In the broad sense, double taxation means indirect double

taxation. Double taxation is indirect where some elements of direct double taxation are absent. It applies to all cases in which there are two

or more pecuniary impositions. In other words, double taxation in its strict sense means that the same property is taxed twice when it should be taxed only once.

Requisites include: 1) Same property is taxed twice; 2) Same purpose; 3) Same taxing authority; 4) Within the same jurisdiction;

5) During the same taxing period; and 6) Same kind or character of tax. Generally, the absence of one or more of the foregoing requisites of

the obnoxious direct tax makes it indirect and allowed. Escape from Taxation

The following are some means on which a taxpayer may minimize if not to escape the payment of taxes: Tax Exemptions, Tax Avoidance and

Tax Evasion.


Tax Exemption

No law granting any tax exemptions

shall be passed without the concurrence of a majority of all the members of the

Congress. The power to exempt from taxations as well as the power to tax is an essential attribute of sovereignty and may

be exercised by virtue of the Constitution, expressly or by implication. The inherent power of the State to impose

taxes naturally carries with it the power to grant tax exemptions. Kinds of Tax Exemptions

1. Express – when exemptions are expressly granted by the Constitution, Statutes, Treaties, franchises or similar legislative

acts; an example of which is the exemptions from real property. 2. Implied – whenever particular persons, properties or excises are

deemed exempt as they fall outside the scope of the taxing provision itself; and

3. Contractual – when in consideration of contractual agreement with the government.

Since taxation is the rule and the exemptions are the exception,

the exemption may be withdrawn in the pleasure of the taxing authority. However, if the tax exemptions constitute a binding contract

and for valuable consideration, the government cannot unilaterally

revoke the tax exemptions.

Tax Avoidance It is reducing or totally escaping payment

of taxes through legally permissible means. This Method should be used by

the taxpayer in good faith and at arm’s length. An example of which is the

availing of all deductions allowed by law or refraining from engaging in activities subject to tax.

Tax Evasion

It is the illegal means of escaping taxation. A Scheme used outside of those lawful means and

when availed of, usually subjects the taxpayer to (further or additional) civil or criminal liabilities. An example of which is the failure to declare for taxa-

tions purposes the true and actual income derived from business for two (2) consecutive years.


Taken from www.google.com


Taken from firstlinesecurities.com

Compensation and set-off

A claim for taxes is not such a debt, demand, contract or

judgment. Taxes cannot be the subject of compensation because the government and taxpayer are not mutually creditors and debtors of

each other. A person also cannot refuse to pay taxes on the ground that the government owes him an amount equal or greater than the tax being collected. There can be no off-setting of taxes against the claims

that the taxpayer may have against the government. Taxes cannot be the subject of set-off because they are not in the

nature of contracts between parties but grow out of a duty to, and, are positive acts, of the Government, to the making and enforcing of which,

the personal consent of the taxpayer is not required. Tax Amnesty

A tax amnesty is a general pardon or intentional overlooking by the State of its authority to impose penalties on persons otherwise guilty of

evasion or violation of a revenue or tax. It partakes absolute waiver by the government of its right to collect what is due it and to give tax

evaders who wish to relent a chance to start with a clean slate. TAX LAWS

The following are the sources of tax laws :

Constitution;

1. Tariff and Custom Code as amended – RA 8181; 2. Local Government Code;

3. Local Tax Ordinance/City/Municipal Tax Code; 4. Tax Treaties/International Agreements; 5. Presidential Decree/ Executive Order;

6. Decisions of SC/CTA/CA; 7. Revenue Rules and Regulations, Rulings implemented by the BIR

8. NIRC as amended – R.A. 10963 or TRAIN LAW

Updates of the Tax Law

Last December 19, 2017, the President signed into law Package 1 of the

Comprehensive Tax Reform Program also known as the Tax Reform for Acceleration

and Inclusion (TRAIN) as Republic Act (RA) No. 109631. The law provides for the

amendments to several provisions of the National Internal Revenue Code of 1997 (NIRC of 1997) on personal income

taxation, passive income for both

individuals and corporations, estate tax, donor’s tax, value-added tax

(VAT), excise tax, documentary stamp tax (DST), and tax administration



among others. It likewise introduced new taxes such as the excise tax on cosmetic

surgery and sugar-sweetened beverages. The additional revenues that will be generated in the implementation of the Act shall be used to fund

the President’s priority infrastructure and social programs that will ultimately benefit the poor. RA 10963 was published in the Philippines’ Official Gazette last December 27, 2017 and took effect last January 1,

2018. The Tax Reform for Acceleration and Inclusion (TRAIN) is the

first package of the comprehensive tax reform program (CTRP) envisioned by President Duterte’s administration, which seeks to correct

a number of deficiencies in the tax system to make it simpler, fairer, and more efficient. It also includes mitigating measures that are designed to redistribute some of the gains to the poor.

Through TRAIN, every Filipino contributes in funding more infrastructure and social services to eradicate extreme poverty and

reduce inequality towards prosperity for all. TRAIN addresses several weaknesses of the current tax system by lowering and simplifying

personal income taxes, simplifying estate and donor’s taxes, expanding the value-added tax (VAT) base, adjusting oil and automobile excise taxes, and introducing excise tax on sugar-sweetened beverages.

Impact of the Tax Reform

With the tax reform, it can further strengthen the macroeconomic position to create an environment more conducive to high growth and

investment, good job creation, and faster poverty reduction. Rating agencies have warned against the stalling of the tax reform and a possible downgrade. Tax reform will allow the government to

invest in the people through infrastructure, education, health, housing, and social protection.

Fears of spikes in inflation are unfounded. Inflation will still be within the 2-4% target of the Bangko Sentral ng Pilipinas, and monetary

policy tools can be used to target inflation. Growth in the Economy

Package 1 will help the economy grow by 1.3% by 2022. The GDP will be boosted as a result of higher household consumption due to

lower income tax and the cash transfers. The increased economic activity is buoyed by increased household consumption and increased

investments. Effect in Inflation

Increase in inflation is low and within the BSP’s target range. The increase in excise taxes will raise inflation by .42% in 2018, but will

quickly dissipate in succeeding years.


Employment Generation

Package 1 will create about half a

million jobs over the next half-decade and could lift up to 250,000 Filipinos out

of poverty over the same period. Package 1 can generate PHP 134 billion. If at least half of that is invested

in infrastructure, 67,000 jobs can be directly generated in construction, and

almost 70,000 jobs can be created in the rest of the economy, for a total of 137,000 jobs. Packages 1-5,

meanwhile, can generate PHP 309 billion. This implies that a total of 315,000 jobs can be created in the economy. The tax reform will also enable to Build Build Build program to be realized. The program, which

is estimated to cost PHP 8.4 trillion, can create around 17 million jobs over the implementation period. Even at only 50 percent

implementation, the program can create more than 8 million jobs over its life.

Suggested Class Activities:

1. Group yourselves into three (3) and research about the TRAIN LAW, its coverages and packages. What are the salient features

of R.A 10963?

2. What is your understanding of the TRAIN LAW? Are you for or against it? Explain your answer by writing a one-page Reflection Paper about your stand on the TRAIN LAW.

3. What is the meaning of the phrase “the power to tax is the power to

destroy?” Explain your answer by providing real-life examples.

4. Distinguish Taxation from the other inherent powers of the State. Cite 5 differences.


Taken from ledgent.com


LEARNING OBJECTIVES:

1. Manifest interest in local history and show concern by promoting and preserving the country’s historical and cultural heritage.

2. Critically evaluate the various cultural heritage of the country.

3. Develop an appreciation of the local and oral history, museums, historical shrines, cultural

performances, indigenous practices, religious rites and rituals

4. Create a program that will help promote and

preserve the country’s heritage.

CRITICAL EVALUATION AND PROMOTION

OF LOCAL AND ORAL HISTORY

Chapter 5

The Philippines has a rich historical beginning from pre-colonial

period down to the Japanese Occupation. However, the Spanish

colonization made an indelible impression on the country. This mercurial era, along with the

American occupation, played a vital role in shaping the Philippines and

its people. In the course of Spanish colonization in the Philippines, the

friars constructed opulent Baroque-style church edifices. These structures are still found today everywhere across the country and they symbolize the cultural influence of Spain in Filipino

life. The opulence of these edifices was clearly visible in the ornate facades, paintings, and sculpture, as well as in the behavioral patterns

of the people and in the intricate rituals associated with Roman Catholic churches.

In this way, the Roman Catholic Church and religion influenced Filipino architectural and building style, even as the rituals and festivities of the Church influenced Filipino dances, songs, paintings,

and literary writings. Through these influences, the Church afforded the Filipinos abundant opportunities for both solemn rites and joyous

festivities and celebrations known as "fiestas." On the other hand, when the United States took over the

Philippines, the people began to be free to join whatever religion they wanted, they also introduce free education and use the English language as the medium of expression. They also introduce the style of

clothing that they use to the Filipino culture like belts, suspenders, short skirts/dresses, and bonnets/hats. They likewise introduce some

of the food to the Philippines that have been widely adopted into their lifestyle like hamburgers and sandwiches

Thus, a vivid past has left its mark all over the archipelago in many different forms that present-day visitors to the country are now discovering.

The rich Philippine heritage can be experienced, not only in textbooks and museums, but also in beautifully preserved historical

sites across the country. A simple textbook description of a historical event comes to life upon a visit to the place where it unfolded. In a

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY 175

PHILIPPINE FESTIVALS

LESSON 5.1


like the Philippines, where history is kept alive, one does not need to go far to travel back in time.

The tradition of the fiesta is an ancient one handed down from the many Spanish religious practices. These celebrations may either be

Religious, Tribal, National celebration or Cultural Festival. However, most fiestas are celebrated among patron saints and or the major events in the life of Jesus Christ and His Mother. To name a few are

the Feast of the Black Nazarene, Ati-Atihan, Peñafrancia Fluvial Festival, and Carabao Festival. Our Muslim brothers also observe the

Ramadan of the Hari-raya Puasa Feast. There are also feast that existed prior to Spanish colonialization like the Tengao and Fagfagto which are

rituals among the Ifugaos, Bontocs and Kalingas of Mountain Province. Filipino hospitality is legendary and at no time is it more in evidence than at fiesta time.

Filipinos love to have fun, and it is obvious in the way they celebrate fiestas or festivals. Fiestas or any community celebration

usually feature music, dancing, and food feasts, and they are considered special opportunities for people to extend hospitality and

friendship to one another. The Feast of the Black Nazarene

During the 9th of January every year, devotees flock to Quiapo in Manila to be a

part of the yearly procession of the replica of the Black Nazarene – a statue of Jesus

Christ suffering under the weight of the cross. The original statue was brought to the country from Mexico in the 1600s and is

believed to bring miracles to the people. The statue, which normally resides

above the altar of the Quiapo basilica, draws crowds to that church throughout the year, packing the hourly Masses

and the area around the basilica all day on Fridays and Sundays. The Black Nazarene image is brought out of the shrine for public veneration three times a year. On New Year’s Day, it is brought out to begin a

novena that leads up to the January 9 feast. On Good Friday, the day most typically associated with Jesus carrying the cross, it is also

revered in public. But January 9 is the feast that draws massive crowds to see and touch the statue. The event is carried live on television, and

the movement through the streets creates a religious frenzy unmatched by any other religious event in the country. The procession usually takes 18 to 22 hours, and sometimes even longer. The passion over the

opportunity to touch or accompany the Nazarene sometimes results in serious casualties.

The procession of the Black Nazarene is also called



the Translacion, a Spanish word which means “to transfer” as the devotees transfer the replica of Jesus Christ from its original home in

Rizal Park to where it’s currently at today, in the Quiapo Church. Most Filipino Catholics consider the Nazarene statue to be miraculous, able

to heal terminal cancers and other sicknesses, to grant petitions, and to help those in need. Ati - Atihan

Ati-Atihan was originally a

pagan festival. Missionaries gradually added Christian

meaning. Today, Ati-Atihan is celebrated in honor of the Christ Child, the Santo Niño. Three days

of parades lead up to the main procession that starts in the

church on Sunday afternoon. The parades are colorful and vibrant,

much like the Mardi Gras carnival in Brazil. Ati-Atihan is celebrated in Kalibo, Aklan, on the third Sunday of

January. It is held in honor of the Infant Jesus or Santo Niño. It derived its name from the word Atis, the aboriginal Negritos in the area.

This resonant cry fills the air as the people of Kalibo (Aklan) and their visitors – dressed in outlandish costumes and get-ups -- gyrate

through the streets in a hypnotized mass of dancing and shaking. Feet stamping, hands clapping, bongos beating , and whistles blowing, all cry out the rhythmic beat of the Ati-Atihan, undoubtedly the most

fantastic fiesta in the Philippines. During Ati-Atihan, streets are filled with people singing and

dancing in striking costumes. These costumes are usually brightly colored, with tall, impressive headdresses. Faces blackened with soot,

parade participants move to the rhythm of drumbeats and the clanging sound of tin cans, crying "Hala, bira!" (ha-LAH bee-RAH) which means "to strike a blow." School bands and orchestras add to the music, and

the revelers celebrate late into the night. When festivities officially reach the penultimate point that happen

throughout the three-day celebration, Ati-Atihan ends somberly with a procession on Sunday. Participants carry torches and, starting from

their town churches, walk along the streets that outline the town. Carabao Festival

This is held on the feast day of San Isidro on May 15th in the farming towns of San Isidro (Nueva Ecija); Pulilan (Bulacan); and

Angono (Rizal). On this day, the three towns pay homage to the beast of


Taken from choosephilipiines.com

burden which is the farmer’s best friend – the lowly carabao. Early in the morning of May

15th, each farmer assembles his carefully groomed and gaily dressed carabao at the

church yard, where the priest comes to bless them, sprinkling them with holy water. After this ceremony, the beasts of burden are lined

up to parade around the town. The climax of the day’s activities arrives

when the carabaos line up and prepare to race against each other across the fields. A signal

goes up and the thunderous hooves stampede toward the finish line. At the finish line, the bulky beasts thunder to a halt and kneel as if in prayer. The priest then comes out and once more

blesses them.

Thus, the culture of the Philippines comprises a blend of traditional Filipino and Spanish Catholic traditions, with influences

from America and other parts of Asia. The Filipinos are family oriented and often religious with an appreciation for art, fashion, music and food.

Filipinos are also hospitable people who love to have a good time. This often includes getting together to sing, dance, and eat. The annual

calendar is packed with festivals, many of which combine costumes and rituals from the nation’s pre-Christian past with the Catholic beliefs and

ideology of present day.


Taken from traditionscustoms.com

PHILIPPINE FOLK DANCE

Photo from gmanetwork.com

The Philippines enjoys a rich cultural heritage which includes a

diverse collection of traditional dances. From the well-known national dance the Tinikling, which pays homage to the movements of a

much-loved bird, to dances that reflect elements of daily Philippine life, these folk dances all offer a glimpse into the history of the country. Philippine folk dance mirrors the culture and tradition of the

Filipinos. It has also been a source of culture identify of the people. In this diversified country, there are also great diversity of dances in

different forms and dynamics that grow out of various times, situation and experiences. How do Philippine folk dances reflect the culture and

tradition of Filipinos? Well, Philippine folk dances are a tradition dance of the people from one generation to another. They are means of expressing the beliefs, moods and emotions of a people, and have been

the mode of communication. Philippine folk dance helps keep the people connected to their

ancestry and their traditions. Folk dance helps to preserve the cultural unity of the people. Filipinos think folk dances are important because

they help keep the culture alive. People have been doing folk dances for hundreds of years, and there is value keeping that tradition alive. Folk dances are important because they preserve the Philippine culture and

pass it on to the next generation. They are a uniting force to the Philippine people.


PHILIPPINE CULTURAL

PERFORMANCES

LESSON 5.2

Some Folk dances in the Philippines

Singkil

Singkil dance takes its name from the bells worn on the ankles

of the Muslim princess. Perhaps one of the oldest of truly Filipino dances, the Singkil recounts the

epic legend of the "Darangan" of the Maranao people of Mindanao.

This epic, written sometime in the 14th century, tells the fateful story

of Princess Gandingan, who was caught in the middle of a forest during an earthquake caused by the diwatas, or fairies or nymph of the

forest.

The rhythmic clapping of criss-crossed bamboo poles represent the

trees that were falling, which she gracefully avoids. Her slave loyally ac-companies her throughout her ordeal. Finally, she is saved by the

prince. Dancers wearing solemn faces and maintaining a dignified pose being dancing at a slow pace which soon progresses to a faster tempo

skillfully manipulate apir, or fans which represent the winds that prove to be auspicious. The dancers weave expertly through criss-crossed bamboos.

When performed by ladies of the royalty of Lanao, the dancer is usually accompanied by a waiting lady, who holds a beautifully

decorated umbrella over the Princess' head wherever she goes. Royal princesses to this day in the Sulu Archipelago are required to learn this

most difficult and noble dance. Maglalatik: The Dance of War

All traditional dances tell a story. The indigenous Maglalatik dance of

Philippines mimics the battle between the Christian and the Muslim Moro

tribesmen. Maglalatik is also called as Magbabao where ‘bao’ means ‘a coconut shell’. It is an all–male dance with

coconut shells used as props. The Maglalatik embodies the

element of a battle, reconciliation and a prize as well. It is usually performed

during religious processions at the town fiesta of Binan. It is also a mark of obeisance to the patron saint of the town, San Isidro de Labrador. A calm and elegant display of harmless weaponry, Maglalatik


Taken from seasiteniu.edu

Photo from simple knowledge.com

four--part war dance, which the Moro had won technically. Pandanggo sa Ilaw: Grace and Balance

Pandanggo sa Ilaw - The word

pandanggo comes from the Spanish dance “fandango” characterized with lively steps and clapping while following a

varying ¾ beat. Pandanggo requires excellent balancing skill to maintain the

stability of three tinggoy, or oil lamps, placed on head and at the back of each

hand. This famous dance of grace and balance originated from Lubang Island, Mindoro.

This dance was first created in the Philippines during the 15th century when the country was for the first time colonized by the

Spanish. Itik-Itik

At one baptismal party in the Surigao del Norte province, a young lady named

Kanang (the nickname for Cayetana), considered the best dancer and singer of her

time, was asked to dance the Sibay. She became so enthusiastic and

spirited during the performance that she

began to improvise movements and steps similar to the movements of itik, the duck,

as it walks with short, choppy steps and splashes water on its back while calling to its mate. The people liked the

dance so much that they all imitated her. There are six separate foot sequences in the series of Itik-Itik steps.

Tinikling: Birds Dancing Over Bamboo Perhaps the best-known dance in

Philippine folk dance history, the Tinikling mimics the high-stepping strut of

birds in the Philippine jungles over the bamboo traps the hunters would set for them. Two

dancers, usually male and female, gracefully step in and out of crossed sets of bamboo poles being moved together and apart to the music.

The dance gets faster and faster as it goes on, and it has been an audience favorite for Philippine dance companies touring the world.

Tinikling illustrates the complexity and rhythmic challenge of expressive


Photo from danceask.com

Taken from globalnation.inquirer.net

Taken from sites.gsu.edu

and intricate Filipino folk dance forms. Mother of Philippine Dance

To preserve these dances,

Francisca Reyes Aquino, who is considered the legendary “Mother of Philippine Dancing,” dedicated more

than four decades of her life to the

collection and dissemination of much of

the available information about

Philippine folk dances. Since 1921, she

has visited various places, including remote areas, for research. She then

recorded all the information she had collected to preserve the

authenticity of folk dances. She also founded The Philippine Folk Dance Society, bringing

together people who are interested in folk dancing. This led to the

formation of various dance troupes, who performed the dance

movements of these folk dances the same way as our ancestors. Among the famous groups in the industry are Bayanihan Folk Dance Company, Filipiniana Dance Company, Baranggay Troupe, FEU Troupe, and UE

Dance Troupe. At present, most folk dance performances can be enjoyed at the

Cultural Center of the Philippines (CCP), which showcases an eclectic range of local and international performance in dance, music, theatre,

and more. Local restaurants, in addition to a few hotels, also have weekly folk and ethnic dance presentations. Dance never stops growing and changing, and it can either flourish or die depending on how we

nurture it. The efforts of the Philippine government, as well as that of the local

community, are essential to preserve and promote this national treasure. Folk dance tells us a story. It gives us a peek into our

ancestors’ lives long ago, as well as the vibrant side of our people and culture. More effort is needed to conserve and showcase these folk dances today so that people will remember their beauty and future

generations will be able to appreciate our wonderful heritage. Thus, Cultural awareness is a must; it is the foundation of literate

national communication. It involves one’s ability to stand back from where he or she is to become more aware of cultural values, beliefs and

perceptions. Strengthening and preserving these values, beliefs, and traditions can pose a great challenge especially today when culture has become vulnerable because of globalization.



“The Care of our own Historical Memory reveals the Degree of Civilization and Morality of a country”

Cultural Heritage is an expression of the ways of living developed by a community and passed

on from generation to generation,

including customs, practices, places,

objects, artistic expressions and values.

The term cultural heritage encompasses several main categories of heritage namely Cultural heritage

and Natural Heritage. Cultural Heritage are the tangible and the intangible cultural

heritage while Natural Heritage are natural sites with cultural aspects. Tangible heritage may also be movable (paintings, sculptures, coins,

manuscripts), immovable (monuments and archaeological sites) and underwater cultural heritage (shipwrecks, underwater ruins and cities). While Intangible cultural heritage are oral traditions, performing arts,

rituals. Natural heritage on the other hand are natural sites with cultural

aspects such as cultural landscapes, physical, biological or geological formations.

The six (6) World Heritage Sites listed by the UNESCO in the Philippines:

1. Baroque Churches of the Philippines 2. Historic Town of Vigan

3. Rice Terraces, Ifugao 4. Tubbataha Reef Natural Park

5. Mount Hamiguitan Range Wildlife Sanctuary 6. Puerto – Princesa Subterranean River National Park

1. Baroque Churches of the Philippines (1993)

These four Baroque churches was built during the Spanish Era in the

late 16th and 18th century. These churches are in Paoay, Ilocos Norte,


UNESCO WORLD HERITAGE SITES

IN THE COUNTRY

LESSON 5.3

Image from culturaldevelopment.nl

Santa Maria, Ilocos Sur, Intramuros, Manila, and Miag-ao, Iloilo, Philippines. All of them were inscribed to the UNESCO World

Heritage Site list on 1993.

San Agustin Church, Paoay, Ilocos Norte

photo from Ferdinand Manuel

Church of Nuestra Señora de la Asuncion, Santa Maria, Ilocos Sur

photo from Remar Lapastora

Church of the Immaculate Conception of

San Agustín, Intramuros, Manila

photo from artesdelasfilipinas.com


Church of Santo Tomas de Villanueva, Miag-ao, Iloilo

photo from BluePrint

This group of churches established a style of building and design

that was adapted to the physical conditions in the Philippines and had an important influence on later church architecture in the region. The

four churches are outstanding examples of the Philippine interpretation of the Baroque style and represent the fusion of European church

design and construction with local materials and decorative motifs to form a new church-building tradition. 2. Rice Terraces of Cordilleras (1995)

The Banaue Rice Terraces, another name for the Rice Terraces of

the Philippine Cordilleras, was named a UNESCO World Heritage Site in 1995 for its cultural importance. There are five sites included in this

inscription, all of which are part of the Cordillera region in the Philippines. The rice terraces is a showcase of the complex method of farming employed by the native Ifugao who lived in the area. It is

believed that the rice terraces took about 2,000 years to complete as the rice terraces carved out the slopes of the mountains. It also took an

entire community to maintain these living rice terraces.

photo from bworldonline

The Rice Terraces of the Philippine Cordilleras is an outstanding

example of an evolved, living cultural landscape that can be traced as far back as two millennia ago in the pre-colonial Philippines. The

terraces are in the remote areas of the Philippine Cordillera mountain


range on the northern island of Luzon, Philippine archipelago. While the historic terraces cover an extensive area, the inscribed property consists

of five clusters of the most intact and impressive terraces, located in four municipalities. They are all the product of the Ifugao ethnic group,

a minority community that has occupied these mountains for thousands of years. 3. Historic Town Of Vigan (1999)

Established in the 16th century, Vigan is the best-preserved

example of a planned Spanish colonial town in Asia. Its architecture reflects the coming together of cultural elements from elsewhere in the

Philippines, from China and from Europe, resulting in a culture and townscape that have no parallel anywhere in East and South-East Asia.

photo fromwhc.unesco.org & primer.com.ph

Vigan is unique for having preserved much of its Hispanic colonial character, particularly its grid street pattern and historic urban lay out.

Its significance also lies on how the different architectural influences are blended to create a homogenous townscape. 4. Tubbataha Reefs Natural Park (1993 & 2009)

Tubbataha Reefs Natural Park lies in a unique position in the

centre of the Sulu Sea, and includes the Tubbataha and Jessie Beazley Reefs. It protects an area of almost 100,000 hectares of high-quality

marine habitats containing three atolls and a large area of deep sea.

Photo from unesco & q phia

The property is home to a great diversity of marine life. Whales, dolphins, sharks, turtles and Napoleon wrasse are amongst the key

species found here. The reef ecosystems support over 350 species of


https://everything-everywhere.com/unesco-world-heritage-site-historic-city-of-vigan/

coral and almost 500 species of fish. The reserve also protects one of the few remaining colonies of breeding seabirds in the region.

5. Puerto Princesa Subterranean River National Park (1999)

This park features a spectacular limestone karst landscape with an underground river. One of the river's distinguishing features is that it emerges directly into the sea, and its lower portion is subject to tidal

influences. The area also represents a significant habitat for biodiversity conservation. The site contains a full 'mountain-to-sea' ecosystem and

has some of the most important forests in Asia.

Photo from whc.unesco.org

The Puerto Princesa Subterranean River National Park was

designated as a UNESCO World Heritage Site in 1999 for its natural importance. It is commonly referred to by tourists as the Underground

River. The national park is located within a cave that you must travel by boat. The cave dome measures at about 300 meters in length wherein it

is filled with river channels, rock formations, and a deep water hole. Aside from being recognized as a UNESCO World Heritage Site, it was also named as one of the New 7 Wonders of Nature in 2011.

6. Mt. Hamiguitan Range Silent Sanctuary (2014)

Forming a north-south running mountain ridge along the Pujada Peninsula in the southeastern part of the Eastern Mindanao

Biodiversity Corridor, the Mount Hamiguitan Range Wildlife Sanctuary has an elevation range of 75-1,637 m above sea level, and provides critical habitat for a range of plant and animal species. The property

showcases terrestrial and aquatic habitats and the species that they host at a series of different elevations are responding to highly

dissimilar soil and climate conditions. The Mount Hamiguitan Range Wildlife Sanctuary provides a

sanctuary to a host of globally threatened and endemic flora and fauna species, eight of which are found nowhere else except Mount Hamiguitan. These include critically endangered trees, plants and the

iconic Philippine Eagle and Philippine Cockatoo.


Photo from IUCN Naomi Doak Peter Harlow

Thus, Philippines is undeniably beautiful paradise. Its unique location in asia that covers 7,107 islands that has different culture to offer everyone. If we can go abroad, why not try to visit these beautiful

places and celebrate different colorful festivals around the archipelago. the feast that everyone wants to experience and continues to celebrate

every year around. Heritage Cycle


WORKSHEET 5


NAME:

SCORE:

YEAR/SECTION:

DATE:

True or False. Write T if the statement is True, otherwise, write F.

_______1. Mt. Hamiguitan Range Silent Sanctuary is inscribed in the year 2004.

_______2. Church of Santo Tomas de Villasis is located in Iloilo.

_______3. These four Baroque churches were built during the Spanish Era in the late 16th and 18th century.

_______4. Francisca Reyes Aquino, who is considered the legendary

“Mother of Philippine Dancing,”. _______5. Maglalatik is also called as Mababao where ‘bao’ means ‘a

coconut shell’.

_______6. Tinikling is the national dance of the Philippines.

_______7. Ati-Atihan is celebrated in Kalibo, Aklan, on the third Sunday of January.

_______8. The tradition of the fiesta is an ancient one handed down from the many Spanish religious practices. These celebrations may

either be Religious, Tribal, National celebration or Cultural Festival.

_______9. Filipinos think folk dances are important because they help keep the culture alive.

_______10. Singkil dance takes its name from the bells worn on the an-kles of the Muslim princess.

Suggested Learning Activities:

1. What are the Sites that are on the tentative list intended to be

nominated according to the UNESCO? 2. Choose one (1) among the tentative list of the World Heritage Sites

in the Philippines. Analyze why you have chosen such and cite your reason/s why you think it should be considered as one of the

historical sites of the country.

3. Aside from the folk dances mentioned, look for other folk dances that represent Luzon, Visayas and Mindanao. Explain the origins, purpose, cultural aspect and the importance to the Philippine

Heritage.


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ABOUT THE AUTHORS

Imelda C. Nery, Ed.D. finished her Bachelor’s degree in Secondary

Education Major in History, Minor in English; Master’s Degree in

Educational Management; and Doctor of Philosophy degree in Educational

Management at the Centro Escolar University. She is also a holder of

Bachelor of Laws from Lyceum of the Philippines University. Dr. Nery is a

true-blooded Escolarian for 41 years, having worked as Head of the Social

Sciences for seven years. She also worked as the Dean of MLQU for two

years. Currently, she holds various positions in the academe - she is the

College Dean and the Chairman of the Continuing Professional Education of

Chiang Kai Shek College; a Lecturer in the Graduate School of CEU Manila,

MLQU and Chiang Kai Shek College; and a part-time Professor at San Beda

College, Adamson College, MLQU and Chiang Kai Shek College. She is also

a PACUCOA Accreditor for Education since 2016 up to present. Indeed, Dr.

Nery is a true Academician for 43 years.

Virgilio Valera Dolina Jr. is a graduate of AB Legal Management from the

Pontifical and Royal University of Santo Tomas in Manila. He has been

teaching Social Sciences subjects since June 2013 in Pamantasan ng

Lungsod ng Maynila, National University – Manila, and currently at PATTS

College of Aeronautics. He has served as a Trustee and Officer of the

National Association of UNESCO Clubs in the Philippines since 2012,

especially promoting programs and projects under social and human

sciences, and culture. In 2016 he co-founded AD REM Projects

Management, a company that is creatively engaged in initiating and

innovating projects that matter. He has been awarded in 2018 as one of

the Outstanding UNESCO Club Young Professionals of the Philippines. Mr.

Dolina is also studying Philippine laws under a Juris Doctor program at San

Sebastian College of Recoletos – Manila.

Paul John Guzman Sion is a graduate of Bachelor of Science in Commerce

Major in Legal Management from San Sebastian College – Recoletos Manila.

He is a former Artistic Director of the San Sebastian Recollect Dance Troupe

in 2012. After graduation, he worked as Claims Investigator before pursuing

his dream to become a lawyer. Mr. Sion is currently enrolled at San Beda

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