Readings in Philippine History Unit 6.1: The American Period in The Philippines Spanish American Secret Agreement
Readings in Philippine History Unit 6.1: The American Period in The Philippines Spanish American Secret Agreement
Juadenes insisted that the Filipino troops should be excluded from participating in the surrender of
Manila. They should not be allowed to enter the city. Dewey and Merritt accepted this, which meant treachery to
Aguinaldo. Dewey promised to hold back the Filipino troop’s while the mock battle was being enacted.
1. Spain would cede the Philippines, Guam, and Puerto Rico to the United States
2. The US would pay Spain the Sum of $20,000,000.
3. Spain should withdraw her sovereignty from Cuba.
4. Civil and political status of the inhabitants of the ceded territory was to be determined by the American
progress.
5. Spanish troops and movable property were to be shipped to Spain at the expense of the US.
Indicated the American intention of exercising the right sovereignty over the Philippines; worsened the
Filipino-American relations, which were already affected by the American treachery of not allowing their
supposed allies (Filipinos) to enter Intramuros after the surrender of the Spaniards.
Immediate cause of the outbreak of the Filipino-American war, where Private William Grayson shot death
one Filipino soldier before they retreated.
Macario Sakay: President of the Tagalog Republic; showed the strongest resistance against the
Americans; even when he was released after the proclamation of amnesty in July 1902, he assumed his
revolutionary activities and went to the mountains eventually talking command of the guerillas in the Rizal-
Cavite-Laguna-Batangas areas.
Sedition Law/Act No. 292 (November 4, 1901): Imposition of death penalty or long prison terms to any
Filipino advocating independence.
Reconcentration Act (Novemeber 12, 1902): Allowed provincial governors to reconcentrate all
residents of oulaying barrios to facilitate the apprehension of rebels who are being hidden and protected
by the people; resulted in food scarcity, malnutrition and diseases and epidemics due to overcrowding
and the poor sanitary conditions in the camps.
Flag Law (August 23, 1907): banned the display or use of all Filipino banners, flags and emblems.
Bates Treaty (August 20, 1899): signed by John Bates and Sultan Jamalul Kiram II of Sulu with three datus;
provided that the rights and dignities of the sultan and his datus shall be respected; Muslims shall be respected;
Muslims shall not be interfered with an account of their religion, the Muslim province remained under American
rule until 1914.
Military Government was set up in the Philippines after the Fall of Manila. McKinley appointed General
Wesley Merritt as the military governor-general (August 26, 1898) He was succeeded by General Elwood Otis,
and General Arthur MacArthur, who exercised military power over the country in until 1901 when civil government
was set up.
The civil government was the result of the Spooner Amendment of 1901 sponsored by Senator John
Spooner of Wisconsin, USA. This act authorizes the US President to establish the Civil Government of the
Country. William Howard Taft was appointed the first civilian governor general of the Philippines on July 4, 1901.
He outlined a comprehensive development plan that he described as the “the Philippines for the Filipinos”.
B. Philippine Assembly
1. First Philippine Assembly was inaugurated at the Manila Grand Opera on October 16, 1907.
2. Manuel Quezon: Majority Floor Leader and Sergio Osmena: Speaker of the House
3. Gabaldon Act: First Law enacted by the assembly which appropriated 1M for the establishment of
barrio schools in the country.
1. The executive power was vested in the governor-general who was appointed by the US President with
the consent of the US Senate. Governor-General was assisted by a cabinet composed of department
secretaries whom he appointed with the consent of the Philippine senate. The cabinet would be
composed of the Filipinos except the secretary of public instruction who was currently the vice-governor
and had to be an American.
2. The creation of Philippine legislature, the two houses - the House of Representatives and the Philippine
Senate. Members of both houses were elected by the Filipinos.
3. The judicial power was vested in a Supreme Court to be composed of a Filipino Chief Justice and
Associate Justices, Filipino and American; in courts of first instance and justice of the peace courts.
Tydings-McDuffie Law
This was granted by Milard Tydings and John McDuffie, thru the effort of Quezon Signed by President
Franklin Roosevelt on March 24, 1935.
This was accepted by the Philippine Legislature.
A constitutional convention was called to frame a constitution for the transitory government.
Thus, 1935 constitution was signed by Roosevelt on March 23, 1935 and was ratified by the Filipino
people on May 14, 1935.
The results of the American occupation can be attributed to the Filipinization program of US. They are as
follows:
1. Give the Filipinos opportunity to manage their own local affairs to the fullest extent to which they were
capable.
2. Improve the system of education particularly in the primary schools.
3. Personal and social rights of the people islands and aimed to treat them with the same courtesy and
respect for their personal dignity.
Socio-Economic Fields
The Huks
In the midst of fear and chaos, some farmers of Pampanga banded together and created local brigades
for their protection. Luis Taruc, Juan Feleo, Castro Alejandrino, and other leaders of organized farmers held a
meeting in February 1942 in Cabiao, Nueva Ecija. In that meeting, they agreed to fight the Japanese as a unified
guerrilla army. Another meeting was held the following month, where in representatives from Tarlac, Pampanga
and Nueva Ecija threshed out various details regarding their organization, which they agreed to call "Hukbo ng
Bayan Laban sa mga Hapon" or HUKBALAHAP. Taruc was chosen to be the Leader of the group, with
Alejandrino as his right hand man. The members were simply known as Huks!
The following month, an election was held for members of The Preparatory
Commission for Philippine Independence (PCPI). The purpose of PCPI is to draw
up a constitution for a free Philippines. Jose Laurel became its head. Against the
will of the PCPI delegates the new Constitution was finalized on July 10, 1943. Two
months later it was ratified by the KALIBAPI, which was the only political party
allowed to exist at that time. KALIBAPI is the acronym for "Kapisanan sa
Paglilingkod sa Bagong Pilipinas".
The new constitution, which noticeably lacked a bill of rights contained 12 articles lifted from the
1935 constitution that fitted the wishes of the Japanese. It was meant to be in effect only temporarily, while the
Philippines still in chaos. After the war, a new constitution would again be drafted for the new Philippine Republic.
On September 20 1943, the KALIBAPI- under the leadership of its director general, Benigno Aquino Sr.
held a party convention to elect 54 members of the National Assembly. The Assembly was actually made up of
108 members; but half of this number was composed of incumbent governors and city mayors. Jose P. Laurel
was elected as president of the second republic (the first republic was Aguinldo's Malolos Republic) and both
Benigno Aquino Sr. & Ramon Avancena as a vice-presidents.
The new republic was inaugurated on October 14 1943 on the front steps of the legislative building in
Manila. The Philippine flag was hoisted as the national anthem was played. Meanwhile, the Japanese started
using propaganda to gain the trust and confidence of Filipinos who refused to cooperate with them. They hung
giant posters and distribute their materials that contains such slogans as "the Philippines belong to the Filipinos."
they also used newspapers, movies, and others to publicize the same idea. Promoting Japanese propaganda
was one of the main objectives of the KALIBAPI, but still Japanese failed to gain the trust of the Filipinos.
From Australia, Allied forces slowly advanced toward the Philippines, bombing several Japanese
strongholds until they regained control of areas previously occupied by the enemy. The bombings began on
September 21 1944, and barely a month later, on October 20, 1944, the Americans landed triumphantly in Leyte.
Once a shore, General Douglas MacArthur said; "I have Returned."
Sergio Osmeña was Part of MacArthur’s group. He had taken over Manuel L.
Quezon as president after the latter past way at Saranac Lake, New York on
August 1944. From October 23 to October 26, 1944 the Americans engaged
Japanese forces in the Battle of Leyte Gulf. Consider as the biggest naval battle
in World History, this historic encounter almost destroyed the entire Japanese
fleet and rendered in incapable of further attack. The US victory in the battle of
Leyte Gulf is said to have signaled the beginning of Philippine liberation from the
Japanese.
On December 8, 1944, President Laurel and his cabinet moved to Baguio upon orders of Yamashita,
who is also known as the tiger of Malaya. The Japanese forces retreated to Yamashita line a
jungle battlefront stretching along the Sierra Madre Mountains from Antipolo, Rizal to Appari Cagayan.
The Japanese in Manila would not give up easily. In fact, it took 3 weeks of intense fighting before they finally
surrendered on February 23. Gen. MacArthur continued to liberate other parts of the country. And finally proclaim
general freedom from the Japanese on July 4, 1945.
1. Economic Problems
2. Cultural Problems
3. Financial Problems
4. Peace and Order Problems
5. Moral Problems
The economy was plans geared destroyed by the ill-suited Japanese war aims, by the violence of war
and by abandonment for three years. The plans of the prewar Commonwealth were rendered askew, and the
Philippines had to start virtually from scratch. Because of the destruction of the economy, the Philippine
government had to turn to the United States for assistance; free trade was extended beyond the period set by
the tidings McDuffie Act, and thus made the Philippines economically dependent on the US even after formal
political independence was recognized. Besides the ravaging of the economy, the Philippines lost more than a
million lives out of a population of 17 million. More suffered physical and moral wounds, which would towards
their take time to heal; for some, the wounds would never be healed.
The severity of the Occupation experience led to a collapse of morals and a loss of respect for the
administration. In the Japanese-occupied areas, it became almost patriotic to go against the government, since
it served as a symbol of the Japanese regime; after the war it proved difficult for the government to regain its
prewar status. Furthermore, since the survival lifestyle resulted in some people turning to crime in order to
survive, such a lifestyle could not be eradicated immediately after the war.
But the war and the Japanese Occupation served as a crucible, from which we can learn the best and
the worst about the Philippines. Cases of patriotism and selfless heroism abounded as Filipinos took various
actions to defend or further the aims of the country and its people. Some took the best way as siding with the
Americans, as many contributed to do so after the war. Others became anti-American, but pro-Filipino. Others
saw the importance of being in Asia and seeking a more Asian and Philippine stance. Views of what was best
for the Filipinos varied, but the occupation had taught that Filipinos can survive severe crisis. The Filipinos could
stand on his own.
Learning Objectives:
At the end of the unit, you should be able to:
a. analyze social, political, economic, and cultural issues in the Philippines using the lens of history.
b. recognize that the problems of today are consequences of decisions and events that happened in the
past.
c. understand several enduring issues in Philippine society through history
d. propose recommendations or solutions to present-day problems based on the understanding of the past
and anticipation of the future through the study of history.
This chapter is dedicated to enduring issues in Philippine society, which history could lend a hand in
understanding, and hopefully, proposing solutions. These topics include the mandated discussion on the
Philippine constitution, policies on agrarian reform, and taxation. It is hoped that these discussions will help us
propose recommendations or solutions to present-day problems based on our understanding of root causes and
how we anticipate future scenarios in the Philippine setting.
The Constitution of the Philippines, the supreme law of the Republic of the Philippines, has been in effect
since 1987. There were only three other constitutions that have effectively governed the country: the 1935
Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, there were
earlier constitutions attempted by Filipinos in the struggle to break free from the colonial yoke.
Constitution
The Constitution of the Philippines is the Fundamental and supreme law of the Republic of the
Philippines.
All laws must conform to it for otherwise, they are invalid.
Even the highest officials of the land are bound to follow the constitution.
The function as a citizen, one must know the constitution.
Highest law of the land.
Protector of individual rights.
Framework of government
The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine Republic during the
Philippine Revolution, and was promulgated by the Philippine Revolutionary Government on 1 November 1897.
The constitution, borrowed from Cuba, was written by Isabelo Artacho and Félix Ferrer in Spanish, and later on,
translated into Tagalog.
The organs of the government under the Constitution were: (1) the Supreme Council, which was vested
with the power of the Republic, headed by the president and four department secretaries: the interior, foreign
affairs, treasury, and war; (2) the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice),
which was given the authority to make decisions and affirm or disprove the sentences rendered by other courts
and to dictate rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of
Representatives), which was to be convened after the revolution to create a new Constitution and to elect a new
Council of Government and Representatives of the people.
The Constitution of Biak-na-Bato was never fully implemented, since a truce, the Pact of Biak-na-Bato, was
signed between the Spanish and the Philippine Revolutionary Army.
The separation of the Philippines from the Spanish monarchy and their formation into an independent
state with its own government called the Philippine Republic has been the end sought by the Revolution
in the existing war, begun on the 24th of August, 1896; and, therefore, in its name and by the power
delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives
of the Revolution, in a meeting at Biak-na-Bato, November 1, 1897, unanimously adopted the following
articles for the constitution of the State.
After the signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain and went
to exile in Hong Kong. Upon the defeat of the Spanish to the Americans in the Battle of Manila Bay on 1 May
1898 the United States Navy transported Aguinaldo back to the Philippines. The newly reformed Philippine
revolutionary forces reverted to the control of Aguinaldo, and the Philippine Declaration of Independence was
issued on 12 June 1898, together with several decrees that formed the First Philippine Republic. The Malolos
Congress was elected, which selected a commission to draw up a draft constitution on 17 September 1898,
which was composed of wealthy and educated men.
The document they came up with, approved by the Congress on 29 November 1898, and promulgated
by Aguinaldo on 21 January 1899, was titled "The Political Constitution of 1899" and written in Spanish The
constitution has 39 articles divided into 14 titles, with eight articles of transitory provisions, and a final additional
article. The document was patterned after the Spanish Constitution of 1812, with influences from the charters of
Belgium, Mexico, Brazil, Nicaragua, Costa Ricu, and Guatemala. and the French Constitution of 1793. According
to Felipe Calderon, main author of the constitution, these countries were studied because they shared similar
social, political, ethnological, and governance conditions with the Philippines. Prior constitutional projects in the
Philippines also influenced the Malolos Constitution, namely, the Kartilya and the Sanggunian Hukuman, the
charter of laws and morals of the Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato Constitution of
1897 planned by Isabelo Artacho: Mabini's Constitutional Program of the Philippine Republic of 1898, the
provisional constitution of Mariano Ponce in 1898 that followed the Spanish constitutions, and the autonomy
projects of Paterno in 1898.
We, the Representatives of the Filipino People, lawfully convened, in order to establish justice,
provide for common defense, promote the general welfare and insure the benefits of liberty, imploring
the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed,
and sanctioned the following political constitution.
The constitution created the Commonwealth of the Philippines, an administrative body that governed the
Philippines from 1935 to 1946. It is a transitional administration to prepare the country toward its full achievement
of independence. It originally provided for a unicameral National Assembly with a president and vice president
elected to a six year term without re-election. It was amended in 1940 to have a bicameral Congress composed
of a Senate and a House of Representatives, as well as the creation of an independent electoral commission,
and limited the term of office of the president and vice president to four years, with one re-election Rights to
suffrage were originally afforded to male citizens of the Philippines who are twenty-one years of age or over and
are able to read and write this was later on extended to women within two years after the adoption of the
constitution.
While the dominant influence in the constitution was American, it also bears traces of the Malolos
Constitution, the German, Spanish, and Mexican constitutions, constitutions of several South American
countries, and the unwritten English Constitution.
The draft of the constitution was approved by the constitutional convention on 8 February 1935, and
ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935. Elections were held in September 1935
and Manuel L. Quezon was elected President of the Commonwealth.
The Commonwealth was briefly interrupted by the events of the World War II, with the Japanese
occupying the Philippines. Afterward, upon liberation, the Philippines was declared an independent republic on
4 July 1946.
The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of independence under a regime of justice, liberty,
and democracy, do ordain and promulgate this constitution.
In 1965, Ferdinand E. Marcos was elected president, and in 1967. Philippine Congress passed a
resolution calling for a constitutional convention to change the 1935 Constitution. Marcos won the re-election in
1969, in a bid boosted by campaign overspending and use of government funds. Elections of the delegates to
the constitutional convention were held on 20 November 1970, and the convention began formally on 1 June
1971, with former President Carlos P. Garcia being elected as convention president. Unfortunately, he died, and
was succeeded by another former president, Diosdado Macapagal.
Before the convention finished its work, Martial Law was declared. Marcos cited a growing communist
insurgency as reason for the Martial Law, which was provided for in the 1935 Constitution. Some delegates of
the ongoing constitutional convention were placed behind bars and others went into hiding or were voluntary
exiled. With Marcos as dictator, the direction of the convention turned, with accounts that the president himself
dictated some provisions of the constitution, manipulating the document to be able to hold on to power for as
long as he could. On 29 November 1972, the convention approved its proposed constitution.
The constitution was supposed to introduce a parliamentary-style government, where legislative power
was vested in a unicameral National Assembly, with members being elected to a six-year term. The president
was to be elected as the symbolic and ceremonial head of state chosen from the members of the National
Assembly. The president would serve a six-year term and could be re-elected to an unlimited number of terms.
Executive power was relegated to the Prime Minister, who was also the head of government and Commander-
in-Chief of the Armed Forces who was also to be elected from the National Assembly.
President Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to ratify or reject
the proposed constitution on 30 November 1973. This plebiscite was postponed later on since Marcos feared
that the public might vote to reject the constitution. Instead of a plebiscite, Citizen Assemblies were held, from
10-15 January 1973, where the citizens coming together and voting by hand, decided on whether to ratify the
constitution, suspend the convening of the Interim National Assembly, continue Martial Law, or place a
moratorium on elections for a period of at least several years. The President, on 17 January 1973, issued a
The constitution was amended several times. In 1976, Citizen Assemblies, once again, decided to allow
the continuation of Martial Law, as well as approved the amendments: an Interim Batasang Pambansa to
substitute for the Interim National Assembly, the president to also become the Prime Minister and continue to
exercise legislative powers until Martial Law was lifted and authorized the President to legislate on his own on
an emergency basis.
After all the amendments introduced, the 1973 Constitution was merely a way for the President to keep
executive powers, abolish the Senate, and by any means, never acted as a parliamentary system, instead
functioned as an authoritarian presidential system, with all the real power concentrated in the hands of the
president, with the backing of the constitution.
The situation in the 1980s had been very turbulent. As Marcos amassed power, discontent has also been
burgeoning. The tide turned swiftly when in August 1983, Benigno Aquino Jr., opposition leader and regarded
as the most credible alternative to President Marcos, was assassinated while under military escort immediately
after his return from exile in the United States. There was widespread suspicion that the orders to assassinate
Aquino came from the top levels of the government and the military. This event caused the coming together of
the non-violent opposition against.
The Marcos authoritarian regime. Marcos was then forced to hold "snap" elections a year early, and said
elections were marred by widespread fraud. Marcos declared himself winner despite international condemnation
and nationwide protests. A small group of military rebels attempted to stage a coup, but failed; however, this
triggered what came to be known as the EDSA People Power Revolution of 1986, as people from all wa lks of
life spilled onto the streets. Under pressure from the United States of America, who used to support Marcos and
his Martial Law, the Marcos family fled into exile. His opponent in the snap elections, Benigno Aquino Jr.'s widow,
Corazon Aquino, was installed as president on 25 February 1986.
President Corazon Aquino's government had three options regarding the constitution: revert to the 1935
Constitution, retain the 1973 Constitution and be granted the power to make reforms, or start anew and break
from the "vestiges of a disgraced dictatorship." They decided to make a new constitution that, according to the
president herself, should be "truly reflective of the aspirations and ideals of the Filipino people."
In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a
Constitutional Commission drafted a permanent constitution. This transitional constitution, called the Freedom
Constitution, maintained many provisions of the old one, including in rewritten form the presidential right to rule
by decree. In 1986, a constitutional convention was created, composed of 48 members appointed by President
Aquino from varied backgrounds and representations. The convention drew up a permanent constitution, largely
restoring the setup abolished by Marcos in 1972, but with new ways to keep the president in check, a reaction
to the experience of Marcos's rule. The new constitution was officially adopted on 2 February 1987.
The Constitution begins with a preamble and eighteen self-contained articles. It established the
Philippines as a "democratic republican State" where "sovereignty resides in the people and all government
authority emanates from them." It allocates governmental powers among the executive, legislative, and judicial
branches of the government.
The Executive branch is headed by the president and his cabinet, whom he appoints. The president is
the head of the state and the chief executive, but his power is limited by significant checks from the two other
co-equal branches of government, especially during times of emergency. This is put in place to safeguard the
country from the experience of martial law despotism during the presidency of Marcos. In cases of national
emergency, the president may still declare martial law, but not longer than a period of sixty days. Congress,
through a majority vote, can revoke this decision, or extend it for a period that they determine. The Supreme
Court may also review the declaration of martial law and decide if there were sufficient justifying facts for the act.
The president and the vice president are elected at large by a direct vote, serving a single six-year term.
The legislative power resides in a Congress divided into two Houses: the Senate and the House of
Representatives. The 24 senators are elected at large by popular vote, and can serve no more than two
Aside from the exclusive power of legislation, Congress may also declare war, through a two-thirds vote
in both upper and lower houses. The power of legislation, however, is also subject to an executive check, as the
president retains the power to veto or stop a bill from becoming a law. Congress may only override this power
with a two-thirds vote in both houses.
The Philippine Court system is vested with the power of the judiciary, and is composed of a Supreme
Court and lower courts as created by law. The Supreme Court is a 15-member court appointed by the president
without the need to be confirmed by Congress. The appointment the president makes, however, is limited to a
list of nominees provided by a constitutionally specified Judicial and Bar Council. The Supreme Court Justices
may hear, on appeal, any cases dealing with the constitutionality of any law, treaty, or decree of the government,
cases where questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently
grave. It may also exercise original jurisdiction over cases involving government or international officials. The
Supreme Court is also in charge of overseeing the functioning and administration of the lower courts and their
personnel.
The Constitution also established three independent Constitutional Commissions, namely, the Civil
Service Commission, a central agency in charge of government personnel; the Commission on Elections,
mandated to enforce and administer all election laws and regulations, and the Commission on Audit, which
examines all funds, transactions, and property accounts of the government and its agencies,
To further promote the ethical and lawful conduct of the government, the Office of the Ombudsman was
created to investigate complaints that pertain to public corruption, unlawful behavior of public officials, and other
public misconduct. The Ombudsman can charge public officials before the Sandiganbayan, a special court
created for this purpose.
Changing the Constitution is a perennial issue that crops up, and terms such as "Cha Cha," "Con-Ass,"
and "Con-Con" are regularly thrown around. Article XVII of the 1987 Constitution provides for three ways by
which the Constitution can be changed.
Changing the Constitution is a perennial issue that crops up, and terms such as "Cha Cha," "Con-
Ass," and "Con-Con" are regularly thrown around. Article XVII of the 1987 Constitution provides for
three ways by which the Constitution can be changed.
Congress (House of Representatives and the Senate) may convene 15 a Constituent Assembly (or
Con Ass) to propose amendments to the Constitution. It is not clear, however, if Congress is to vote
as a single body or separately. How the Congress convenes ns a Con-Ass is also not provided for in
the Constitution.
Another method is through the Constitutional Convention (or Con-Con), where Congress, upon a vote
of two-thirds of all its members, calls for a constitutional convention. They may also submit to the
electorate the question of calling and convention through a majority vote of all its members. In a Con-
Con, delegates will propose amendments or revisions to the constitution, not Congress. The 1987
Constitution does not provide for a method by which delegates to the Con-Con are chosen.
The third method is called the "People's Initiative" (or PI). In this method, amendments to the
Constitution may be proposed by the people upon a petition of at least 12% of the total number of
registered voters. All legislative districts must be represented by at least 12% of the registered votes
therein. No amendment is allowed more than once every five years since a successful PI. The 1987
Constitution directs the Congress to enact a law to implement provisions of the PI, which has not yet
materialized.
Amendments or revision to the constitution shall be valid only when ratified by a majority of the votes
cast in a national referendum.
The 1987 Constitution provided for three methods by which the Constitution can be amended, all
requiring ratification by a majority vote in a national referendum. These methods were Constituent Assembly.
Constitutional Convention, and People's Initiative. Using these modes, there were efforts to amend or change
the 1987 Constitution, starting with the presidency of Fidel V. Ramos who succeeded Corazon Aquino. The first
attempt was in 1995, when then Secretary of National Security Council Jose Almonte drafted a constitution, but
it was exposed to the media and it never prospered. The second effort happened in 1997, when a group called
PIRMA hoped to gather signatures from voters to change the constitution through a people's initiative. Many
were against this, including then Senator Miriam Defensor-Santiago, who brought the issue to court and won-
with the Supreme Court judging that a people's initiative cannot push through without an enabling law.
Federalism in the Philippines was supported by President Duterte in the 2016 presidential elections,
saying that it will evenly distribute wealth in the Philippines instead of concentrating it in Manila, the
capital of the country. As a form of government, a central governing authority and constituent political
units constitutionally share sovereignty. Applied to the Philippines, the country will be broken into
autonomous regions. Each region will be further divided into local government units. The regions will
have the primary responsibility of industry development, public safety and instruction, education,
healthcare, transportation, and many more. Each region will also take charge of their own finances,
plans for development, and laws exclusive to their area. The national government, on the other hand,
will only handle matters of national interest such as foreign policy and defense, among others. In this
system, it is possible for the central government and the regions to share certain powers.
Our current system is that of a unitary form, where administrative powers and resources are
concentrated in the national government. Mayors and governors would have to rely on allocations
provided to them through a proposed budget that is also approved by the national government, a system
prone to abuse.
There are many pros to a federal form of government. Each region may custom fit solutions to problems
brought about by their distinct geographic, cultural, social, and economic contexts. Regions also have
more power over their finances, since they handle majority of their income and only contributes to a
small portion to the national government. They can choose to directly fund their own development
projects without asking for the national government's go signal. A federal system could also promote,
specialization, since the national government could focus on nationwide concerns while regional
governments can take care of administrative issues.
A federal form of government could also solve a lot of decade-old problems of the country. It may be a
solution to the conflict in Mindanao, since a separate Bangsamoro region could be established for
Muslim Mindanao. It could address the inequality in wealth distribution and lessen the dependence to
Metro Manila, since regions can proceed with what they have to do without needing to consider the
situation in the capital.
There are also cons to federalism. While it creates competition among regions, it could also be a
challenge to achieving unity in the country. There might be regions which are not ready to govern
themselves, or have lesser resources, which could mire them deeper in poverty and make development
uneven in the country. There could be issues regarding overlaps in jurisdiction, since ambiguities may
arise where national ends and regional begins, or vice versa. As a proposed solution to the conflict in
Mindanao, we must also remember that the Autonomous Region in Muslim Mindanao (ARMM) has
already been created, and the conflict still continues. Federalism may not be enough for those who
clamor separation.
Any effort to shift the system of government also entails costs, and it would not be cheap. It would cost
billions to dismantle the current system and would take a long time before the system normalizes and
irons out its kinks.
The succeeding president, Joseph Ejercito Estrada, formed a study commission to investigate the issues
surrounding charter change focusing on the economic and judiciary provisions of the constitution. This effort was
also blocked by different entities. After President Estrada was replaced by another People Power and succeeded
by his Vice President, Gloria Macapagal Arroyo, then House Speaker Jose de Venecia endorsed constitutional
change through a Constituent Assembly, which entails a two-thirds vote of the House to propose amendments
or revision to the Constitution. This initiative was also not successful since the term of President Arroyo was
mired in controversy and scandal, including the possibility of Arroyo extending her term as president, which the
Constitution does not allow.
In an upsurge of populism, President Rodrigo Duterte won the 2016 presidential elections in a campaign
centering on law and order, proposing to reduce crime by killing tens of thousands of criminals. He is also a
known advocate of federalism, a compound mode of government combining a central or federal government with
regional governments in a single political system. This advocacy is in part an influence of his background, being
a local leader in Mindanao that has been mired in poverty and violence for decades. On 7 December 2016,
President Duterte signed an executive order creating a consultative committee to review the 1987 Constitution.
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society
and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve
and develop patrimony, and secure to ourselves and our posterity the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain to and
promulgate this Constitution.
1. Instead of imploring the aid of divine Providence, the Filipino people now invoke the aid of Almighty God
in promulgating the Constitution,
2. The Philippines is declared a nuclear free zone where no nuclear may be stationed,
3. The state shall abolish abortions and protects the life of the unborn child,
4. No person may be detained for political belief or aspirations,
5. The death penalty is abolished,
6. Torture or other degrading punishment and secret detention are prohibited,
7. The state shall compensate and rehabilitate torture victims and their families,
8. An independent HRs Commission shall be created,
9. Those born of Filipino mothers before January 17, 1973, may elect Filipino citizenship at the age of
majority and shall be deemed natural-born citizens,
10. Absentee voting by Filipinos abroad are allowed,
11. The disabled and illiterate will be allowed to vote without the help of others,
12. Instead of a unicameral parliament (Batasan), the legislature shall be a bicameral Congress, with a 24
member Senate and a House of Representatives composed of not more than 250 members,
13. Some representatives in the lower house may come from sectors (labor, farmers, urban poor, women,
youth, etc.),
14. People can directly propose and enact or reject laws by means of initiative and referendum,
15. The term of the President is six years without re-election, the VP may run for two terms of six years,
16. The powers of the President to declare martial law and to suspend the writ of habeas corpus are limited,
17. Political dynasties, or the appointment of relatives of the President to government positions are prohibited
18. The president can no longer make laws by decrees but shall faithfully execute the laws passed by the
congress,
19. Autonomous regions in Muslim Mindanao and in the Luzon Cordilleras shall be created,
20. Even citizens may now file for the impeachment or removal of high government officials,
21. Limitations are made on the right of the state to borrow foreign loans or approve foreign investments in
the economy and national patrimony,
22. The practice of all professions is limited to Filipino citizens,
23. The state shall give a preference to Filipino businessmen and laborers in contracts and in the
communications and advertising industry,
24. The state is committed to agrarian and natural resources reform,
25. The state is committed to urban land reform and housing,
26. Free medical care for the poor is assured,
27. Free education up to high school level is guaranteed,
28. The AFs are committed to serve and protect the people and to be free from partisan politics,
29. Foreign bases are banned after 1991, except by consent of the State and people; and
30. The state can recover ill-gotten wealth of public officials.
BASIC PRINCIPLES OF THE 1987 CONSTITUTION
1. The Philippines is a democratic and a republic state. Sovereignty resides in the people, and all government
authority emanates from them,
2. The Philippines renounces war as an instrument of national policy,
3. Civilian authority is, at all times, supreme over the military,
4. The prime duty of the government is to serve and protect the people,
5. There shall be separation of church and state,
6. The state shall promote social Justice,
7. The state values the dignity of the individual and guarantees full respect for HRs:
8. The state shall strengthen and protect the family,
9. The state shall promote and protect the interests of the youth, the elderly, and women,
10. The state shall protect and promote the right to health,
11. The state shall protect the ecology,
12. The state shall give priority to education, science and technology, arts, culture, and sport,
13. The state shall protect the rights of workers,
14. The state shall develop a national economy effectively controlled by Filipinos,
15. The state shall encourage private enterprises,
16. The state shall promote rural development and agrarian reform,
17. The state shall ensure the autonomy of local governments;
18. The state shall promote the rights of cultural minorities:
19. The state shall maintain honesty and Integrity In public service and take measures against graft and
corruption;
20. Freedom of information is guaranteed on all governments transactions involving public interest.
Bill of Rights: portion of the constitution that formally declares the civil and political rights of the people.
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Due Process of Law: Daniel Webster, a law which hears before it condemns, which proceeds upon and
renders judgment only after trial.
Philippine Supreme Court: responsiveness to the supremacy of reason obedience to the dictates of justice
US Supreme Court: nothing more and nothing less than the embodiment of the sporting idea of fair play
Person
1. Natural (a) citizen (b) alien
2. Artificial (e.g. corporations, partnership protection only in so far as their property is concerned
Deprivation: to take away forcibly, to prevent from possessing,
Lawful Deprivation
1. to render services in defense of the state enjoying or using something
2. Commission of a heinous defense
3. Where a person afflicted with a communicable disease is confined in a hospital or quarantined in
his/her own home
4. Punishment for a crime
5. Prohibition to carry unlicensed firearm
6. Prohibition or minors to drink intoxicating beverage
7. Private property taken where it is offensive to the public service.
Unlawful Deprivation
1. Death sentence for conviction of petty offense
2. Execution of persons mentally or physically handicapped
3. Imprisonment without trial
4. Prevented from criticizing the government the exercise of his freedom expression
5. Forced to follow a religion
Life: connotes the integrity of the physical person which includes the right to be alive/exist and the right to
security of one's limb against any form of physical am
Liberty: liberty is freedom to do right and never wrong, ever guided by reason and the upright and honorable
conscience of man
Property: anything that can make under the right of ownership and be the subject of contract kinds: 1.
personal (lawful not contrary to law, within the commerce of mar, 2. Real eminent domain
Section 2. 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 the judge
after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized
Search Warrant: an order in writing, issued in the name of the people of the Philippines signed by the judge,
directed to the police officer, commanding him to search for personal property and to bring it before court
Warrant of Arrest an order of writing, issued in the name of the people of the Philippines, signed by the judge,
directed to the police officer, commanding him to arrest a person, that he may be bound to answer for the offense
committed.
Section 3. The privacy of communication and correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise, as prescribed by law. Any evidence obtained in
violation of this or the preceding section shall be admissible for any purpose in any proceeding.
Freedom of speech and expression and of the press implies the right to freely utter and publish whatever
one pleases without previous restraint as long as it does not violate the law, or injure someone's character,
reputation or business. It also includes the right to circulate what is published.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof,
the free exercise and enjoyment of religious profession and worship without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights
Section 6. The liberty of abode and of changing the same within the limits prescribed ay shall not be impaired
except upon lawful order of the court. Neither shall the night to by travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.
The liberty of abode and travel is the right of a person to have his home in whatever peace as may be provided
by law.
Section 7. The right of the people to information on matters of public concern shall be recognized Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
This section includes being allowed to see official documents and records pertaining to transactions,
actions, or decisions of the government.
However, the government has its discretion with respect to the authority to determine what matters are of
public concern and the authority to determine the manner of access to such matters for the following reasons:
a. National security matters,
b. Intelligence information
c. Trade secrets,
d. Banking transactions
e. Diplomatic correspondence
f. Executive sessions
g. Closed door cabinet meetings
h. Supreme court deliberations.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged
Right to form associations is the freedom to organize or to be a member of any group of association, union
or society and to adopt the rules which the members judge most appropriate to achieve their purpose.
Section 9. Private property shall not be taken for public use without just
Section 10. No law impairing the obligation of contracts shall be passed.
Obligation of contract is the law which binds the parties to perform their agreement according to its terms or
intent, if it is not contrary to law, morals, good customs, public order or public policy.
Section 11. Free access to the courts and quasi-judicial bodies and distance shall not be denied to any person
by reason of poverty.
Section 12 adequate legal
1. Any person under investigation for the commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must provide with one. These rights cannot be
waived except in writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be admissible in
evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation
to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable reclusion perpetua when evidence of
guilt is strong shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as
may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended
TAXATION
Meaning of Taxation
Taxation is the act of laying a tax, i.e., the process or means by which the sovereign, through its making
body, raises income to defray the necessary expenses of government. It is merely a way of apportioning the cost
of government among those who is in some measure are privileged to enjoy its benefits and therefore must bear
its burdens. As a power, taxation refers to inherit of power of the state to demand enforced contribution for public
purposes.
Purpose of Taxation
Government necessity. The existence of the government depends upon its capacity to perform its two
basic functions which is to serve and protect the people. The government is unable to perform these two basic
functions, it will be paralyzed. Taxes are reason why government is able to continue its projects. Tax is the
"lifeblood of the government.
Primary purpose is to raise revenue in order to support the government.
Secondary purpose:
Use to reduce social inequality
Utilized to implement the police power of the state Used to protect local industries against unfair
competition
Utilized by the government to encourage the growth of local industries
Over 250,000 but not over 20% of the excess over 250,000 15% of the excess over 250,000
400,000
Over 400,000 but not Over 130,000 +30% of the excess over 800,000 102,000 +25% of the excess over
800,000 800,00
Over 2M but not over 8M 490,000 +32% of the excess over 2M 402,000 +30% of the excess over 2M
Over 8M 2,410,000 +35% of the excess over 8M 2,202,500 +35% of the excess over
P8M
Achievements
Inaugurated as the new and first president of the new Republic because the Philippines was finally free
after WW II.
In his time, the country has started reconstruction from war damage and the Philippines started breathing
without foreign rule.
Under his term, the Philippine Rehabilitation act and Philippine Trade Act law was were accepted by the
Congress.
He is in the 100 peso bill.
The treaties and agreements signed by Roxas are as follows:
a. Treaty of General Relations with US (July 4, 1946)
b. War Surplus Property Agreement (September 11, 1946)
c. Military Base Agreement (March 14, 1947)
d. Millitary Assistance Agreement (March 21, 1947)
On the night of April 16, 1948, Roxas died of heart attack at Clark Field, Pampanga, after delivering a speech
before American servicemen and Filipino supporters.
ELPIDIO RIVERA QUIRINO (April 17, 1948 – December 30, 1953)
Biography
Born in Vigan, Ilocos Surto Don Mariano Quirino of Caoayan and Dona Gregoria Mendoza Rivera of
Aringay.
Spent his early years in Aringay, La Union.
Graduated from Manila high school in 1911 and also passed the civil service examination, first grade.
Achievements
He directed his efforts at TWO PRINCIPAL OBJECTIVES: 1.The continuation of the construction and
rehabilitation of the economy, and the restoration of the confidence and cooperation of the people in
government.
The creation of PACSA (President’s Action Committee on Social Amelioration), the purpose of which was to
alleviate the economic plight of masses.
The establishment of the ACCFA (Agricultural Credit Cooperative Financing Administration) to help farmers
to avail of low interest loans from government.
The establishment of the rural banks and Labor management Advisory Board, the Presidential Advisory
Body.
Under his term HUKBALAHAP Movement was active.
He created Social Security Commission.
He also created integrity board to monitor graft and corruption.
In 1948, Quezon City was the capital of the Philippines.
Peso and dollar exchange rate at his time was 1 US = P2.
RAMON DEL FIERRO MAGSAYSAY (December 30, 1953 – March 17, 1957)
Biography
Born in Zambales on August 31, 1907 to Exequiel Magsaysay a blacksmith, and Perfecta del Fierro, a school
teacher.
He entered UP in 1927.
He joined the motor pool of the 31 st Infantry Division of the Philippine Army during WW II.
Secretary of National Defense during Pres. Quirino’s Administration.
Achievements
Chairman of the Committee on Guerilla Affairs
The first president sworn into office wearing Barong Tagalog in his inauguration.
His presidency was referred as the Philippines’s Golden Years for it was the cleanest and zero-corruption.
The Philippines was ranked 2nd in Asia’s clean and well-governed countries.
He established National Resettlement and Rehabilitation Administration (NARRA) among his agrarian
reforms.
Constructed roads, bridges, irrigation canals.
Established the SEATO; South East Asia Treaty Organization
Imposed high moral standard for public officials.
On March 17, 1957 he died when his plane crashed at Mt. Manunggal in Cebu. He was called President of the
“Common Tao”, Man of the Masses, and the Guy.
CARLOS POLISTICO GARCIA (March 18, 1957 – December 30, 1961)
Born in Talibon, Bohol to Policrinio Garcia and Ambrosia Polestico.
His father serving as a municipal mayor for four terms.
Studied in Philippine Law School (now Philippine College of Criminology).
He worked as a teacher for two years at Bohol Provincial School.
Achievements
References
Agricultural Land Reform Code of 1963 (Republic Act 3844). Comprehensive Agrarian Reform Law of 1988
(Republic Act 6657). Decreeing the Emancipation of Tenants from the Soil (Presidential Decree No. 27).
National Heroes Commission. (1964). Letters Between Rizal and Family Members. Manila: National Heroes
Commission.
National Historical Institute. (1997). Documents of the 1898 Declaration of Philippine Independence, the Malolos
Constitution and the First Philippine Republic. Manila: National Historical Institute.
Nolledo, J. (1999). Principles of Agrarian Reform, Cooperatives and Taxation. Mandaluyong City: National Book
Store.
Philippine Organic Act of 1902.
Chapter Exercises
A. Research the following, Write this in your YELLOW PAPER.
(This will serve as your reviewer for the incoming FINAL EXAMINATION)
i. Meaning of State
ii. Elements of State
iii. Origins of State
iv. State distinguished from nation
v. State distinguished from government
vi. Purpose and necessity of government
vii. Forms of Government
a. Monarchy f. Republic k. Federation p. Totalitarian
b. Aristocracy g. Theocracy l. Junta q. Communism
c. Democracy h. Technocracy m. Autocracy r. Dictatorship
d. Unitary i. Anarchy n. Fascism
e. Parliamentary j. Tyranny o. Plutocracy
B. REACTION PAPER. You are expected to demonstrate your ability to formulate arguments favor or
against these issues using the following questions below. “If you were the President of the Republic
of the Philippines, how would you address these concerns?” Choose THREE TOPICS and write a
REACTION PAPER discussing the following:
1. On Poverty
- How do you propose to address the conditions of informal settler families and street dwellers?
2. The Economy
- Should the 1987 Philippine Constitution be amended to allow foreign ownership of our lands?
Why or Why not?
3. Education
- What will you do to improve the quality of public and private education?
4. Corruption and Criminality
- How do you propose to address the problem of corruption? Do you see a connection between
corruption and political dynasties? What would you do to lessen the hold of political dynasties?
5. Governance
- What is your position on the proposal to shift from a presidential to Parliamentary form of
government? If you favor shifting to a parliamentary or federal form, how well-prepared are
we to successfully implement either? Could we avoid the kind of unintended consequences
we’ve suffered with our under-equipped, under-trained LGU’s? Can the Local Government
Code be updated and amended? Why or Why not?
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Use the criteria as your basis in creating your LIFE HISTORY. (Detach this part when you submit your outputs.)
GE 2: READINGS IN PHILIPPINE HISTORY
MY LIFE HISTORY
Content and Organization: (50%) _____________
Creativity: (50%) _____________
Total: _____________