Chapter 4

Social, Political, Economic and Cultural Issues in Philippine History:

Learning Outcomes

 Explain the importance of a constitution in a nation

 Discuss the significant features and provisions incorporated in the seven
Philippine Constitutions
 Trace the history of the land reform program in the Philippines
 Discuss the salient features of Agrarian Reform
 Evaluate the Comprehensive Agrarian Reform Program
 Identify the types of national and local taxes

Lesson Proper
1. The Philippine Constitution

Studying our constitution became an important part in knowing our history

for it was through the making and the enforcement of these different
constitutions that our government---the result of our independence from
foreign colonization---was formed. It is also through the constitution that
our rights as citizens of the country are recognized and enforced.

What is a constitution?
A constitution is defined as the fundamental law of a nation or state. It is
the constitution that establishes the character and basic principles of the
government. A constitution is also described as the highest expression of
“the law.”
Purpose of a constitution
1. It prescribes the kind of government that will exist in the state.
2. It creates the different departments and specifies their respective
functions and duties.
3. It is the source of the sovereign powers of a government by
establishing the fixed, first or basic principles.
4. It promotes the public welfare. The constitution establishes the rights
of the people which the government is obligated to protect.

The Constitution of the Philippines is the supreme law of the Philippines.

The Constitution currently in effect was enacted in 1987, during the
administration of President Corazon C. Aquino, and is popularly known
as the “1987 Constitution”. Philippine constitutional law experts
recognize three other previous constitutions as having effectively
 governed the country—the 1935 Commonwealth Constitution, the 1973
Constitution, and the 1986 Freedom Constitution. Constitutions for the
Philippines were also drafted and adopted during the short-lived
governments of Presidents Emilio Aguinaldo (1898) and Jose P. Laurel
(1943).

A History of the Philippine Constitution

I. The Biak-Na-Bato Republic Constitution (1897)
The Philippine Revolution reached a stalemate in 1897 when the
revolutionary forces of General Emilio Aguinaldo fled to the mountains of
Biak-na-Bato in San Miguel de Mayumo, Bulacan.
In order to consolidate the forces still fighting in the other provinces,
Aguinaldo met with his leaders to establish a recognized government.
The Constitution was promulgated by the Philippine Revolutionary
Government on November 1, 1897, and became the provisionary
constitution of the government during the Revolution against Spain.

Isabelo Artacho and Felix Ferrer – tasked to write a constitution. Both

decided to adopt the provisions of the Constitution framed in Jimaguyu,
Cuba and from this, the Constitution of Biak-na-Bato was formulated.
Features:
a. It reiterated the objective of the Revolution which was “the separation
of the Philippines from the Spanish monarchy and their formation
into an independent state with its own government.
b. The official language was tagalog
c. The government that was formed was a supreme Council composed of
a President, Vice-President, a Secretary of the Interior, a Secretary of
Foreign Relations, a Secretary of War, and a Secretary of the
Treasury.
d. Judiciary power was vested in another Supreme Council of Justice
e. Articles XXII to XXV were essentially the Bill of Rights accorded to
every Filipino
**The constitution was to last only for two years. **
II. The Malolos Constitution Republic Constitution (1899)
The Malolos Constitution was the first republican constitution in Asia. It
declared that sovereignty resides exclusively in the people, stated basic civil
rights, separated the church and the state, and called for the creation of an
Assembly of Representatives to act as the legislative body. It also called for a
Presidential form of government with the president elected for a term of four
 years by a majority of the Assembly. It was titled “Constitucion politica, and
was written in Spanish following the declaration of independence from
Spain, proclaimed on January 20, 1899, and was enacted and ratified by
the Malolos Congress, a Congress held in Malolos Bulacan.
• The Malolos Constitution was the first republican constitution in Asia.
Its main features were as follows.
1. It was based on democratic traditions in which the government formed
as “popular, representative and responsible” with three distinct
branches– the executive, the legislative, and the judicial.
2. It called for a presidential form of government with the president elected
for a term of four years by a majority of the Assembly convened as a
constituent assembly;
3. It recognized the freedom of religion and the separation of the church
and State;
4. It emphasized and safeguarded the basic civil rights of not only Filipinos
but foreigners, through a Bill of Rights (Articles XIX to XXIII)

Felipe Calderon – drafted the Malolos Constitution. He drew inspiration from

the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and
France.
The First Philippine Republic was inaugurated on January 23, 1899 at the
Barasoain Church where Emilio Aguinaldo took his oath of office as the First
President of the Republic
• The Malolos Republic was the first democratic government of the
country.
• It had a government publication in order to spread to the foreign nations
the ideals of the new republic and to ask for support for its recognition.
• The Republic ceased to exist with the capture of President Aguinaldo in
Palanan, Isabela in March 1901 due to the start of the Philippine-
American war in February 1899.
III. The 1935 Constitution and The Commonwealth Government

The 1935 Constitution was written in 1934, approved and adopted

by the Commonwealth of the Philippines (1935-1946) and later used by
the Third Republic of the Philippines (1946-1972)). It was written with an
eye to meeting the approval of the United State Government as well, so
as to ensure that the U.S. would live up to its promise to grant the
Philippines independence and not have a premise to hold onto its
 possession on the grounds that it was too politically immature and hence
unready for full, real independence.
For over a decade, the Americans ran the government in the
Philippines with Filipinos given a role in the legislative function when the
Philippine Assembly was established in 1907. Filipinos were given a
hand in running the country. Despite the American concession of letting
the Filipino run their own government, the prospect of independence was
not erased from the minds and hearts of the Filipinos

Tydings-McDuffie Law
- Known as the Philippine Independence Act and was approved on March
24, 1934.
- It provided for the drafting and guidelines of a constitution for a 10-year
“transitional period” government before the granting of independence.

Features of the 1935 Constitution

1. Enumerated the composition, powers, and duties of the three branches
of government (Executive, Legislative, and Judicial)
2. Created the General Auditing Office
3. Laid down the framework in the establishment of the civil service
4. Inclusion of Bill of Rights
5. Provision for women’s suffrage
6. Creation of a Philippine Armed Forces for national defense
7. Development of a national language

*Provision for Women’s suffrage includes giving women the right to vote and to
be a part of the Philippine Politics for the first time
• The framing of the 1935 Constitution was a momentous event for the
Filipino people. It showed the Americans that Filipinos had the capability
for self-government with the creation of the Commonwealth Government in
1935 that led to the country’s independence a decade later.
IV. The Second Philippine Republic (1943 constitution) (The Japanese
Occupation)

The Commonwealth Constitution was interrupted by the Second

World War and the Japanese Occupation of the Philippines. The
commonwealth under President Manuel Quezon went to exile in the
United States. As part of their policy of attraction in their Greater East
 Asia Co-Prosperity Sphere Program, the Japanese offered to grant the
Philippines its independence.

Acting on the orders of the Japanese military, the Kapisanan ng

Paglilingkod sa Bagong Pilipinas (KALIBAPI), a Filipino political party
during the Japanese occupation, convened and elected a Philippine
Independence (PCPI) to write a new constitution.
On October 14, 1943, as provided for in the new constitution, the Second
Philippine Republic was inaugurated with JOSE P. LAUREL as President.
Features:
 It created a Republic with three offices (Executive, Legislative, and
Judicial)
 The powers of government were concentrated with the President.
 The Bill of Rights basically enumerated the citizen’s duties and
obligations rather than their constitutional rights
 Tagalog was declared the national language
 The 1943 Constitution consists of 1 preamble and 12 articles.

V. The 1973 Constitution and The Marcos Dictatorship

The 1973 Constitution, promulgated after Marcos’ declaration of martilal
law, was supposed to introduce a parliamentary-style government.
Legislative power was vested in a National Assembly whose members were
elected for a six-year term

The June 1, 1971, a Constitutional Convention was convened at the

Manila Hotel. Its purpose was to write a new constitution that would meet
the new challenges confronting the Philippine Republic that developed. It
was during the second term of President Ferdinand Marcos that the
convention opened.

Almost immediately, the convention became controversial. The biggest

scandal came when Marcos was accused of bribing delegates to vote for a
provision to extend the presidential term of the office and to change the form
of government.

The convention’s activities soon came to a temporary halt when President

Marcos declared martial law on September 21, 1972. He abolished Congress
and reorganized the government.

*January 17, 1973 – President Marcos signed Proclamation No. 1102

declaring the 1973 Constitution ratified.
 Features:

 Parliamentary form of Government – in which the President was the

symbolic head of the state and the Prime Minister was the head of the
government.
 Establishment of the Civil Service Commission (CSC), the Commission on
Elections (COMELEC), and the Commission on Audit (COA)
 Legislative power was vested in the Batasang Pambansa.

**The 1973 constitution remained in force until the February 22-25 EDSA
People Power Revolution of 1986 which toppled the Marcos administration.
It was abolished with the adoption of the 1986 Freedom Constitution by
the administration of President Corazon Aquino.**

VI. The Freedom Constitution (1986)

Following the EDSA People Power Revolution that removed President

Ferdinand E. Marcos from office, the new President, Corazon C. Aquino
issued Proclamation No. 3 as a provisional constitution. It adopted certain
provisions from the 1973 constitution and granted the President broad
powers to reorganize the government and remove officials from office, and
mandated that the president would appoint a commission to draft a new
constitution.

VII. The 1987 Constitution

On February 11, 1987, the New Constitution was proclaimed ratified and
in effect. On that same day, President Aquino, government officials, and the
military pledged allegiance to the New Constitution.

Features:

 The 1987 Constitution consists of 18 articles with a preamble

 The Philippine Government is administered by a presidential system
of government with a bicameral legislature and an independent
judiciary. It has three branches of government.
 The House of Representatives is composed of the
Congressman/women (Representatives) elected to a three-year term
and can be re-elected, but cannot serve more than three consecutive
terms.
 The senate is composed of 24 senators who are elected and serve six-
year term with half the senators elected every three years.
 The Supreme Court is the Philippines’ highest judicial court. The
court consists of 14 associate justices and a chief justice.
2.Agrarian Reform Policies

The Philippine economy is largely agricultural and industrial. Agriculture

has been existing even during the precolonial times considering that rice is an
Asian staple food along with other crops. The agricultural economy, however,
has brought about economic and social problems concerning the agrarian
structure well as land tenancy with the farmers—the ones who are actually
cultivating the fields—as the losers in this system.

American Colonization Period

During the American colonization of the Philippines, the colonial

government tried to solve the agrarian problem by purchasing the so-called
"friar lands" from religious corporations and selling them to the tenants.
However, much of the land ended up with new landlords who were mostly
Filipinos.
The agrarian problem worsened during the American period. Many tenants
soon began to resort to armed means to "get back" their land. Some of them
claimed that the lands they were tilling were owned by their ancestors before
these lands were claimed by landlords with "land titles." The Tayug Uprising in
Pangasinan in 1931 as well as the Sakdalista Uprising in 1935 prompted the
government to address the agrarian problem. As part of his program for the
Commonwealth Government, President Quezon espoused "social justice" in an
attempt to stop the agrarian unrest in Central Luzon and alleviate the poverty
of the farmers. This program was in line with the provision of Article I, Section
5 of the 1935 Constitution which states that "The promotion of social justice to
ensure the well-being and economic security of all people should be the
concern of the State."

Commonwealth Era

Quezon enacted some land reform laws during the Commonwealth

period. The Commonwealth Act No. 178 on November 13, 1936 amending the
Rice Tenancy Act No. 4045 of 1933 provided for certain controls in the
landlord-tenant relationships with regard to rice lands. He also created the
National Rice and Corn Corporation (NARIC) in 1936 to control the prices of
rice and corn which benefited the farmers and consumers. The Rural Program
Administration, an office created in 1939, was mandated to facilitate the sale or
lease of the haciendas to the tenants.
Many of the social justice programs of the Commonwealth Government,
however, were not enforced. Legislation of these planned programs was
thwarted by many of the landowning legislators in the Commonwealth National
Assembly who would be affected if they would pass these laws.

Third to Fifth Philippine Republic

Agrarian problems still remained even after Philippine independence was

declared in 1946. What made it worse was that the agrarian unrest became
part of a full-blown revolt against the government. The movement was
spearheaded by former members of the peasant guerrilla army, Hukbong bayan
Laban sa Hapon (HUKBALAHAP) who later changed their name to Hukbong
Mapagpalaya ng Bayan (People's Liberation Army). The succeeding
administrations tried to address these agrarian problems while, at the same
time, attempted to suppress the insurgency.

During the Roxas Administration (1946-1948), President Manuel Roxas

enacted Republic Act No. 34 which established 70-30 sharing arrangements
between landlord and tenants and regulated share-tenancy contracts. There
was also Republic Act No. 55 which provided security to tenants from arbitrary
ejectment from the land they are cultivating.

On October 30, 1950, President Elpidio Quirino (1948-1953) issued

Executive Order No. 355 which replaced the National Land Settlement
Administration, a government agency, with the Land Settlement Development
Corporation (LASEDECO). LASEDECO took over the two agrarian offices: the
Agricultural Machinery Equipment Corporation and the Rice and Corn
Production Administration.

It was during the Magsaysay Administration (1953-1957) that an attempt

on land reform was made. In 1954, President Ramon Magsaysay signed
Republic Act No. 1199 or the Agricultural Tenancy Act of 1954 which governed
the tenant-landowner relationship by organizing the share-tenancy and
leasehold system. It also created the Court of Agrarian Relations. Two other
laws, Republic Act No. 1400 (Land Reform Act of 1955) and Republic Act No.
821 (Creation of Agricultural Credit Cooperative Financing Administration)
were also signed to help tenant farmers. R.A. 1400 created the Land Tenure
Administration (LTA) to handle the acquisition and distribution of large
tenanted rice and corn lands over 200 hectares tor individuals and 600
hectares for corporations. R.A. 821, on the other hand, created an agricultural
bank that provided small farmers and share tenants with low-interest loans.

The Macapagal Administration (1961-1965) continued the efforts to

advance agrarian reform. On August 8, 1963, President Diosdado Macapagal
signed Republic Act No. 3844 or Agricultural Land Reform Code which heavily
favored tenant farmers. Its provisions included the abolition of share tenancy
and provided for the leasing of agrarian lands to farmers. It also set a retention
limit of 75 hectares for landowners; invested rights of preemption and
redemption for tenant farmers; put in place an administrative machinery for
implementation institutionalized a judicial system for agrarian cases; and
incorporated extension, marketing, and supervised credit system of services for
farmer beneficiaries.

This law was hailed as one that would emancipate Filipino farmers from
the bondage of tenancy. It became the precursor of the agrarian reform
programs of the succeeding administration. Following the imposition of martial
law in 1972, President Ferdinand Marcos declared the entire country a land
reform area through Presidential Decree No. 2 issued on September 26, 1972.
It was almost a year before Marcos signed Republic Act No. 6389 or the Code of
Agrarian Reform which created the Department of Agrarian Reform (DAR). The
DAR began efforts to implement land reform in the Philippines with the full
support of the government. This independent body was formed to replace the
existing Land Authority. The Department of Agrarian Reform was renamed the
Ministry of Agrarian Reform in 1978 when the government adopted the
parliamentary system.

In October 1972 President Marcos signed Presidential Decree No. 27

which provided for tenanted lands devoted to rice and corn to pass ownership
to the tenants, and lowered the ceiling for landholding to seven hectares. The
law stipulated that share tenants who worked on a landholding of over seven
hectares could purchase the land they tilled while share tenants on land less
than seven hectares would become leaseholders. Marcos's agrarian reform
program also included credit support, infrastructure, and legal assistance for
farmers.

The 1987 Constitution which was ratified during the Corazon Aquino
Administration (1986-1992) included the provisions creating an agrarian
reform law (Article XIII, Section 4) and promoting rural development and
agrarian reform (Article II, Section 21). In 1988, President Aquino signed
Republic Act No. 6657, popularly known as the Comprehensive Agrarian
Reform Law or CARL. The CARL was enacted to offer a lawful basis for the
implementation of the Comprehensive Agrarian Reform Program or CARP. It
took effect on June 15, 1988. Aquino also enacted other laws such as:
1. Executive Order No. 228 (July 16, 1987) which gave full ownership to
qualified farmer-beneficiaries covered by PD 27
2. Executive Order No. 229 July 22, 1987) which provided a mechanism
for the implementation of the Comprehensive Agrarian Reform Program
(CARP)
3. Proclamation No. 131 (July 22, 1987) which instituted the CARP as a
major program of the government and provided for an Agrarian Reform
 Fund (ARF), with an initial amount of Php50 billion to cover the
estimated cost of the program from 1987-1992
4. Executive Order No. 129-A July 26, 1987) that streamlined and
expanded the power and operations of the DAR
5. Executive Order No. 407 (June 14, 1990) that ordered the acceleration
of the acquisition and distribution of agricultural lands, pasture lands,
fishponds, agroforestry lands and other lands of the public domain
suitable for agriculture

A dilemma during the Ramos Administration (1992-1998) was to revive

public trust in the agrarian reform program. The program was deemed a failure
during the Aquino administration because former President Aquino was a
member of the Cojuangco Family which owned one of the largest haciendas in
Luzon-the Hacienda Luisita. The hacienda which was mainly devoted to
sugarcane production was notably exempted from agrarian reform which was
concentrated mostly on rice and corn lands.

Thus, President Fidel Ramos made the program one of the priorities of
his administration. He enacted laws that strengthened the implementation of
CARP. (Republic Act No. 7905). He limited the land conversion scheme by
making certain types of agricultural land as non-negotiable for conversion or
highly-restricted to be converted. He also signed Republic Act No. 8532
(Agrarian Reform Fund Bill) which provided an additional P50 billion for CARP
and extended its implementation for another 10 years.

Though he had a short term of office, President Joseph Estrada (1998-

2000) enacted Executive Order No. 151 that consolidated small farm
operations into medium- or large-scale enterprises to qualify for long-term
capital. He also ordered the DAR to plan joint projects between private
investors and the agrarian sector under his Magkabalikat Para sa Kaunlarang
Agraryo or MAGKASAKA program.

The Department of Agrarian Reform was re-named twice during the

administration of President Gloria Macapagal Arroyo (2000-2010). It was
named the Department of Land Reform (Executive Order No. 364, September
27, 2004) and got back to using DAR again (Executive Order No. 456, August
23, 2005). Executive Order No. 364 was enacted to widen the function of
the Department of Land Reform vis-à-vis land reform programs in the
Philippines. Also, the order added jurisdiction over the Philippine Commission
on Urban Poor (PCUP) and the recognition of the ownership of ancestral lands.

However, less than a year later, President Arroyo signed Executive Order
No. 456 which instructed the Department of Land Reform to revert to its
original name, Department of Agrarian Reform. This order considered all the
important factors for agrarian reform to promote beneficial activities for the
agricultural sector. It stated that "the Comprehensive Agrarian Reform Law
goes beyond just land reform but includes the totality of all factors and support
services designed to lift the economic status of the beneficiaries."

On August 7, 2009, President Arroyo signed Republic Act No. 9700

extending the Comprehensive Agrarian Reform Program for another five years
beginning July 2009. That same law allots P150 billion for the acquisition and
distribution of 1.6 million hectares of land for 1.2 million beneficiaries and the
provision of support services for farmers.

Agrarian reform seems to have not fared well under the administration of
President Benigno Aquino II. A report by a non-governmental organization
(NGO), the Focus on the Global South, in 2013-halfway through the PNoy
Administration—showed a dismal performance by the Department of Agrarian
Reform in land redistribution in spite of the promise by the government to
complete it by June 2014. The priorities of the Department of Agriculture (DA)
which were concentrated on the agribusiness sector made the DAR the sole
department that provided farmers support for their agricultural production.
The farmers also competed with foreign agricultural products which entered
the local market through the economic liberalization program of the
government.

3. Taxation

Taxation means laying a tax through which the government generates

income to defray its expenses. It is a way to raise funds for government
program and services that benefit Filipino citizens. A tax is reinforced as a
contribution but it is proportionate to the citizen’s ability to pay. It is levied on
persons (who actually pay with me) and property as well as on business
transactions, privileges, and benefits. The imposition of taxes is done by law
through the Bureau of Internal Revenue.

Types of Taxes

There are two types of taxes: national and local. The national taxation
system is based on the National Revenue Code of 1997 or the Republic Act No.
8424 otherwise known as the Tax Reform Act of 1997, as amended.

Types of national taxes are as follows:

1. Capital Gains Tax is a tax imposed on gains that may have been realized by
a seller from the sale, exchange, or ither disposition of capital assets located in
the Philippines.
2. Documentary Stamp Tax is a tax on documents, instruments, loan
agreements, and papers evidencing the acceptance, assignment, sale, or
transfer of an obligation, rights, or property incident thereto.

3. Estate Tax is a tax on the right of the deceased person to transmit his/her
estate to lawful heirs and beneficiaries at the time of death and on certain
transfer which are made by law as equivalent to testamentary disposition.

4. Income Tax is a tax on annual profits made from property ownership,

profession, trades or offices. It is also a tax on person’s income, emoluments,
profits and the like.

5. Value-Added Tax is a business tax imposed and collected from the seller in
the course of trade or business on every sale of properties (real or personal),
lease of goods or properties (real or personal), or vendors of services.

Local taxes, on the other hand, is based on the local government taxation
in the Philippines as stated in Republic Act 7160 or the Local Government Code
of 1991, as amended.

Local taxes, on the other hand, include:

1. Tax on transfer of Real Property Ownership is imposed on the sale, donation,

barter, or any other mode of transferring ownership of real property tax.

2. Professional Tax is an annual tax on each person engaged in the exercise or

practice his or her profession that requires government examination, like
licensure examinations.

3. Tax on Business is imposed by cities or municipalities on business before

they will be issued a business license or permit to start operations based on
the schedule of rates prescribed by the local government code, as amended.

4. Community Tax is the tax levied by cities or municipalities to every Filipino

or alien living in the Philippines, eighteen (18) years of age or over, who has
been regularly employed on a wage or salary basis for at least thirty (30)
consecutive working days during any calendar year, or who is engaged in
business or occupation, or who owns real property with an aggregate assessed
value of one thousand pesos (P1,000.00).

5. Barangay Clearance is a tax fee collected by barangays upon issuance of

barangay clearance, a document required for many government transactions,
such as when getting a business permit from a city or municipal government or
applying for a job in a government office or a private company.
Learning Assessment

1. Compare and contrast the seven constitutions framed in the Philippines

according to their; form of Government, Ratifying/Promulgating Body,
Length of effectivity, and their distinctive features.

2. The bill of rights is a major article throughout the different constitutions

of the country. Why is it necessary?

3. In your opinion, which provision should be revised, removed, or added to

strengthen the check-and-balance mechanism when martial law was
imposed? Justify your answer.

4. Evaluate the current agrarian reform program. Having experienced the

plight of our farmers, how do you think should the program be
amended? You may also opt to draft a new equitable policy that would
improve the present agrarian system in general.

5. What are the types of national and local taxes? How are national taxes
similar to and/or different from local taxes?