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]
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.

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]
 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

iv

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.
vi

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

v
References 191

viii
 Chapter 1
INTRODUCTION

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.

LESSON 1.1
MEANING AND RELEVANCE OF HISTORY
“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

CHAPTER ONE: INTRODUCTION 1

 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.
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

2 READINGS IN PHILIPPINE HISTORY

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…

CHAPTER ONE: INTRODUCTION 3

 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.

4 READINGS IN PHILIPPINE HISTORY

 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

CHAPTER ONE: INTRODUCTION 5

 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

6 READINGS IN PHILIPPINE HISTORY

 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:

CHAPTER ONE: INTRODUCTION 7

 Draw the first thing that comes into your mind
when you hear the word ‘history.’

WORKSHEET 1.1B
NAME: SCORE:

YEAR/SECTION: DATE:
8 READINGS IN PHILIPPINE HISTORY
 Write a short essay on the relevance of studying history
in relation to your course.
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CHAPTER ONE: INTRODUCTION 9

 LESSON 1.2
DISTINCTION BETWEEN PRIMARY
AND
SECONDARY SOURCES
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:
10 READINGS IN PHILIPPINE HISTORY
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:

CHAPTER ONE: INTRODUCTION 11

 Directions:
Name a historical event you wish to study; and
Identify the primary and secondary sources of that historical
event.

HISTORICAL EVENT:
_____________________________________________________________________
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PRIMARY SOURCES:
1.________________________________________________________________
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2.________________________________________________________________
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SECONDARY SOURCES:
1.________________________________________________________________
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2.________________________________________________________________
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WORKSHEET 1.2B
NAME: SCORE:

YEAR/SECTION: DATE:

12 READINGS IN PHILIPPINE HISTORY

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?

CHAPTER ONE: INTRODUCTION 13

 LESSON 1.3
INTERNAL AND
EXTERNAL
CRITICISM

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.
14 READINGS IN PHILIPPINE HISTORY
 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.

CHAPTER ONE: INTRODUCTION 15

 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.
 CHAPTER ONE: INTRODUCTION 15

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

CHAPTER ONE: INTRODUCTION 17

 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.

18 READINGS IN PHILIPPINE HISTORY

  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;

CHAPTER ONE: INTRODUCTION 19

 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?

20 READINGS IN PHILIPPINE HISTORY

  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.

CHAPTER ONE: INTRODUCTION 21

 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:

22 READINGS IN PHILIPPINE HISTORY

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:

CHAPTER ONE: INTRODUCTION 23

 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-
controversiesphilippines 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. __________ __________

24 READINGS IN PHILIPPINE HISTORY

LESSON 1.4
KINDS AND REPOSITORIES
OF PRIMARY
RESOURCES
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,

CHAPTER ONE: INTRODUCTION 23

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.

26 READINGS IN PHILIPPINE HISTORY

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.
 CHAPTER ONE: INTRODUCTION 25
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:
_____________________________________________________________________

_____________________________________________________________________

28 READINGS IN PHILIPPINE HISTORY

 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:
_____________________________________________________________________
_____________________________________________________________________
 CHAPTER ONE: INTRODUCTION 27

Chapter 2
CONTENT AND CONTEXTUAL ANALYSIS
OF SELECTED PRIMARY RESOURCES
LEARNING OBJECTIVES:
At the end of the lesson, the students should be able to :

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.

30 READINGS IN PHILIPPINE HISTORY

 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.

LESSON 2.1
FIRST VOYAGE AROUND THE WORLD BY
MAGELLAN
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.
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS
31
 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
32 READINGS IN PHILIPPINE HISTORY
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
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS
33
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.

34 READINGS IN PHILIPPINE HISTORY

 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?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

35
_____________________________________________________________________
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

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36 READINGS IN PHILIPPINE HISTORY
 ________________________________________________________________
(cite specific evidence in the reading as supporting details)

LESSON 2.2
CUSTOMS OF THE
TAGALOGS
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
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS
37
 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 mountainridges, 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
38 READINGS IN PHILIPPINE HISTORY
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
inheritance, 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 entered. This applied equally to men and
women, except that when one married 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

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

39
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
40 READINGS IN PHILIPPINE HISTORY
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

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

41
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

WORKSHEET 2.2A
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?

_____________________________________________________________________
_____________________________________________________________________

42 READINGS IN PHILIPPINE HISTORY

 Where and when was the primary source published or created?
_____________________________________________________________________
_____________________________________________________________________

Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
WORKSHEET 2.2B
NAME: SCORE:

YEAR/SECTION: DATE:

SOURCE SUMMARY

________________________________________________________________
(title of the source)

suggest/shows that

________________________________________________________________
(the author)

thought/did/had

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

43
________________________________________________________________
(author’s sentiment about the historical event or time period)

because

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________
(cite specific evidence in the reading as supporting details)

LESSON 2.3
KARTILYA NG
KATIPUNAN
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.
44 READINGS IN PHILIPPINE HISTORY
 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.

WORKSHEET 2.3A
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?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

45
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 2.3B
NAME: SCORE:

YEAR/SECTION: DATE:

SOURCE SUMMARY

________________________________________________________________
(title of the source)

suggest/shows that

________________________________________________________________
(the author)

thought/did/had

________________________________________________________________

________________________________________________________________

46 READINGS IN PHILIPPINE HISTORY

 ________________________________________________________________

________________________________________________________________

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

because

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________
(cite specific evidence in the reading as supporting details)

LESSON 2.4
DECLARATION OF THE
PHILIPPINE INDEPENDENCE
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,

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

47
 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
48 READINGS IN PHILIPPINE HISTORY
 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
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS
49
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 Evaristo Dimalanta
Don Tiburcio del Rosario Don Gregorio Alvarez
Sergio Matias Don Sabas de Guzman
Don Agapito Zialcita Don Esteban Francisco
Don Flaviano Alonzo Don Guido Yaptinchay
Don Mariano Legazpi Don Mariano Rianzares Bautista
Don Jose Turiano Santiago y Acosta Don Francisco Arambulo
Don Aurelio Tolentino Don Antonio Gonzales
Don Felix Ferrer Don Juan Antonio Gonzales
Don Felipe Buencamino Don Juan Arevalo
Don Fernando Canon Faustino Don Ramon Delfino
Don Anastacio Pinzun Don Honorio Tiongco
Don Timoteo Bernabe Don Francisco del Rosario
Don Flaviano Rodriguez Don Epifanio Saguil
Don Gavino Masancay Don Ladislao Afable Jose
Don Narciso Mayuga Don Sixto Roldan
Don Gregorio Villa Don Luis de Lara
Don Luis Perez Tagle Don Marcelo Basa
Don Canuto Celestino Don Jose Medina
Don Marcos Jocson Don Efipanio Crisia
Don Martin de los Reyes Don Pastor Lopez de Leon
Don Ciriaco Bausa Don Mariano de los Santos
Don Manuel Santos Don Santiago Garcia
Don Mariano Toribio Don Andres Tria Tirona
Don Gabriel de los Reyes Don Estanislao Tria Tirona
Don Hugo Lim Don Daniel Tria Tirona
Don Emiliano Lim Don Andres Tria Tirona
50 READINGS IN PHILIPPINE HISTORY
 Don Faustino Tinorio Don Carlos Tria Tirona
Don Rosendo Simon Don Sulpicio P. Antony
Don Leon Tanjanque Don Epitacio Asuncion
Don Gregorio Bonifacio Don Catalino Ramon
Don Manuel Salafranca Don Juan Bordador
Don Simon Villareal Don Jose del Rosario
Don Calixto Lara Don Proceso Pulido
Don Buenaventura Toribio Don Jose Maria del Rosario
Don Gabriel Reyes Don Ramon Magcamco
Don Zacarias Fajardo Don Antonio Calingo
Don Florencio Manalo Don Pedro Mendiola
Don Ramon Gana Don Estanislao Galinco
Don Marcelino Gomez Don Numeriano Castillo Don Valentin Politan
Don Federico Tomacruz
Don Felix Politan 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
WORKSHEET 2.4A
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?

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS
51
_____________________________________________________________________
_____________________________________________________________________

Where and when was the primary source published or created?

_____________________________________________________________________
_____________________________________________________________________

Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
WORKSHEET 2.4B
NAME: SCORE:

YEAR/SECTION: DATE:

SOURCE SUMMARY

________________________________________________________________
(title of the source)

suggest/shows that

________________________________________________________________
(the author)

thought/did/had

________________________________________________________________

________________________________________________________________

________________________________________________________________

52 READINGS IN PHILIPPINE HISTORY

 ________________________________________________________________

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

because

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________
(cite specific evidence in the reading as supporting details)

CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS

53
 Chapter 3
ONE PAST BUT MANY HISTORIES:
CONTROVERSIES AND CONFLICTING VIEWS
IN THE PHILIPPINE HISTORY

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

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.

LESSON 3.1
SITE OF THE
FIRST MASS
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).
CHAPTER THREE: ONE PAST BUT MANY HISTORIES 54
 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.
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

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 55

 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
56 READINGS IN PHILIPPINE HISTORY
 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
CHAPTER THREE: ONE PAST BUT MANY HISTORIES 57
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.

58 READINGS IN PHILIPPINE HISTORY

 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:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 59

 LESSON 3.2
CAVITE MUTINY

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,

60 READINGS IN PHILIPPINE HISTORY

 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

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 61

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.

62 READINGS IN PHILIPPINE HISTORY

 WORKSHEET 3.2
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:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 63

LESSON 3.3
RETRACTION OF RIZAL

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 vivir 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

64 READINGS IN PHILIPPINE HISTORY

 Me declaro catolica y en esta Religion en que naci y me eduque
quiero vivir y morir. Me retracto de todo corazon de cuanto en mis
palabras, escritos, 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:

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

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
several 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:
CHAPTER THREE: ONE PAST BUT MANY HISTORIES 65
 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.

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
Manila, 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.

66 READINGS IN PHILIPPINE HISTORY

 WORKSHEET 3.3
NAME: SCORE:

YEAR/SECTION: DATE:

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 67

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:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

LESSON 3.4
68 READINGS IN PHILIPPINE HISTORY
 CRY OF BALINTAWAK

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
important 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,

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 69

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 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…

70 READINGS IN PHILIPPINE HISTORY

 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.

WORKSHEET 3.3
NAME: SCORE:

YEAR/SECTION: DATE:

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 71

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:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

72 READINGS IN PHILIPPINE HISTORY

 Chapter 4
SOCIAL, POLITICAL, ECONOMIC AND
CRITICAL ISSUES IN PHILIPPINE HISTORY
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.

CHAPTER THREE: ONE PAST BUT MANY HISTORIES 73

LESSON 4.1
AGRARIAN LAW

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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

74
 Brief History of the Agrarian Reforms in the Philippines

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 Photo taken from filipinoknows.net 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

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

75
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
Photo taken from slideplayer.com
between - and even within -
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.
that
When the
Spaniards came to the
76 READINGS IN PHILIPPINE HISTORY
Philippines, the concept of
encomienda (Royal Land
Grants) was introduced. This
system grants
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
aspirations for agrarian reform and for a just society. Women also
fought for freedom and played an important role in the planning and
implementing 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
government. (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.
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
77
 • 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.

78 READINGS IN PHILIPPINE HISTORY

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
sharetenancy contracts.
• Republic Act No. 55 - Provided for a more effective
safeguard against arbitrary ejectment of tenants.

https://www.google.com/search?q=manuel+a.+roxas&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=&ved=0ahUKEwilgOnk1I7jAhWh-
GEKHe7nBwUQ_AUIECgB&X

biw= 1093&bih=556&dpr=1.25#imgrc=rk8qqfhk9g6LjM: 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
https://www.google.com/search?q=elpidio+quirino&rlz=1C1CHBD_enP

Production
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Administration.
President Ramon Magsaysay (1953-1957)
enacted the following laws:
• Republic Act No. 1160 of 1954 - Abolished the
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
79
 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
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(Agricultural Tenancy Act of 1954) - UKEwjf_7_U9Y_jAhXGZt4KHVP8A6IQ_AUIECgB&biw=1093&bih486#imgrc=Di1VjtOcX5LWrM: =

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, https://www.google.com/search?q=carlos+p.+garcia&rlz=1C1

1963 (Agricultural Land Reform =0CHBD

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Code) - Abolished share tenancy,

institutionalized leasehold, set retention limit at 75 hectares, invested rights
of preemption and
redemption for tenant farmers, provided for
1https://www.google.com/search?q=diosdado&r lz=1CCHBD_enPH767PH767&source=lnms&tbm=isch&sa=

an
administrative machinery for
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implementation,

80 READINGS IN PHILIPPINE HISTORY

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 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
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to extend full cooperation and assistance to the hUKEwiK3oD10932&bih=486#imgrc=9jdvDHbvsudcMM-4_jAhWSMN4KHQ6

BdUQ_AUIECgB&biw=:

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
lz=1C1CHBD_enPH767PH767&source=lnms&tbm=ihttps://www.google.com/search?q=corazon+aquino&rs

effective on June
15, 1988.
AMQQ_AUIECgB&biw=1093&bih=486#imgrc=nVBqch&sa=X&ved=0ahUKEwjN0rCC_Y_jAhUKZt4KHedOeEiEOZ3M: S9

Subsequently, four Presidential issuances were

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

81
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 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:
Amended certain
• Republic Act No. 7881, 1995 –
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provisions of RA 6657 and exempted fishponds

y_4_jAhUUc3AKHTJrC3YQ_AUIECgB#imgrc=TSVhjl0hLbVdPM: and prawns from the coverage of CARP.
82 READINGS IN PHILIPPINE HISTORY
 • 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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

83
 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
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or MAGKASAKA. The DAR forged into joint ventures with

private investors into agrarian sector to make
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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
https://www.google.com/search?q=gloria+macapagal+a

rroyo&rlz=1C1CHBD_enPH767PH767&source=lnms&tm=isch&sa=X&ved=0ahUKEwjrv73DhZDjAhVNE4gKHZb vigorous in implementing land

acquisition and
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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

84 READINGS IN PHILIPPINE HISTORY

 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.
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
familyowned Hacienda Luisita in Tarlac.
Apart from the said farm lots, he also promised to complete
the
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distribution of privately-owned lands of productive

agricultural estates in
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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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
85
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
https://www.google.com/search?q=rodrigo+duterte&rlz=1C1CHBD_enPH76

Q7GAr4Q_AUIECgB&biw=1093&bih=486#imgdii=_iyNfrsw84w67M:&imgrc=p77PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjd2u_uk5DjAhVNZt4KH T Program (CARP).

3U12QO403-M:

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

86 READINGS IN PHILIPPINE HISTORY

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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

87
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

88 READINGS IN PHILIPPINE HISTORY

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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
89
 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-ininterest, 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

90 READINGS IN PHILIPPINE HISTORY

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).
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Consequently, commercial farms may

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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

91
 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

92 READINGS IN PHILIPPINE HISTORY

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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
93
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 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

94 READINGS IN PHILIPPINE HISTORY

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;

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

95
 (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 Photo from kittlesoncarpo.com &

provided for the PARC.

snappedandscribbled.com

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

96 READINGS IN PHILIPPINE HISTORY

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:
(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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
97
 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 https://www.google.com/search?q=just+compensation&rlz=1C1CHBD_enPH767PH 767&s ou
rce=lnms&tbm=isch&sa=X&ved=0ahUKEwj1vq328pDjAhUKc3AKHdldCKoQ_AUIECgB&biw=1

cost of acquisition of the land, the current 093&bih=486#imgrc=Ops7579SoeEezM:

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

98 READINGS IN PHILIPPINE HISTORY

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:

1) Cash payment, under the following terms and conditions:

(a) For lands above fifty (50) Twenty-five percent (25%) cash, the
hectares, insofar as the excess balance to be paid in government financial
hectarage is concerned. instruments negotiable at any time.

(b) For lands above twenty-four Thirty percent (30%) cash, the balance to
(24) hectares and up to fifty (50) be paid in government financial instruments
hectares. negotiable at any time.

(c) For lands twenty-four (24) Thirty-five percent (35%) cash, the balance
hectares and below. to be paid in government financial
instruments negotiable at any time.

(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:

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99
(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;

(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

100 READINGS IN PHILIPPINE HISTORY

 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: Landless 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
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101
 •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
accommodate (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;
102 READINGS IN PHILIPPINE HISTORY
 (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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
103
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
https://www.google.com/search?q=certificate+of+land+ownership+award&rlz=1C1CHBD_enPH767PH767&sour ce=lnms&tbm=isch&sa=X&ved=0ahUKEwiMl7H486#imgdii=7ZAOelUArTQa3M:&imgrc=1Zuf-

JDjAhVUPHAKHZKSDRsQ_AUIECgB&cshid=15618 887913091 77&b iw=1093 &bih=0-M1YPbqQgM: issued. In case a cancellation of the

104 READINGS IN PHILIPPINE HISTORY

 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
• 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;

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105
 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

106 READINGS IN PHILIPPINE HISTORY

 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.
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107
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

108 READINGS IN PHILIPPINE HISTORY

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

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109
 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.

110 READINGS IN PHILIPPINE HISTORY

 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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
111
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 nonfulfillment 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:

112 READINGS IN PHILIPPINE HISTORY

 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

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

113
 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;
114 READINGS IN PHILIPPINE HISTORY
 - 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

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

115
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;

116 READINGS IN PHILIPPINE HISTORY

 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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

117
 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

118 READINGS IN PHILIPPINE HISTORY

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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

119
 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.

120 READINGS IN PHILIPPINE HISTORY

 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

sa Kaunlarang Agraryo or
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. C reated 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

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

121
LESSON 4.2
THE PHILIPPINE
CONSTITUTION

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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
122 READINGS IN PHILIPPINE HISTORY
 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.
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 https://www.google.com.ph/search?sa=G&hl=en-
PH&q=larawan+ng+kongreso+ng+malolos&tbm=isch&tbs=simg:CAQ SkwEJRt0
RVrshXecahw

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WyhEnhxwpiiM:

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,
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
123
 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
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

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124 READINGS IN PHILIPPINE HISTORY

 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.
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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
125
 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”.
126 READINGS IN PHILIPPINE HISTORY
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
January 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.
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
127
**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
128 READINGS IN PHILIPPINE HISTORY
 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.
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Esguerra, 153 SCRA 602].

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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 President Corazon C. Aquino receives the
thereto and an increase in its 1987 Constitution from Constitutional

authority, which now covers even Commission President Cecilia Muñoz –

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

129
 Palma
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.
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
130 READINGS IN PHILIPPINE HISTORY
 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.
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131
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
entirety” 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

132 READINGS IN PHILIPPINE HISTORY

 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.

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133
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

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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 sovereignty in the Philippines, the principle was
introduced as an inseparable feature of the governmental
system organized by the United States in this country.

134 READINGS IN PHILIPPINE HISTORY

 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

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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 balances are the following:

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135
 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

136 READINGS IN PHILIPPINE HISTORY

 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

national The
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
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CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
137
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 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

affirmation 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
138 READINGS IN PHILIPPINE HISTORY
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.

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139
 • 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 upon 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

140 READINGS IN PHILIPPINE HISTORY

 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

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

141
 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.

142 READINGS IN PHILIPPINE HISTORY

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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
143
 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.

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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 essential 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.

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 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.

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 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
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147
 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

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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.
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
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 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 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,
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149
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
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;
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 • 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
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151
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.

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 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

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153
 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
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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.
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155
 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

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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
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157
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
158 READINGS IN PHILIPPINE HISTORY
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
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159
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.
160 READINGS IN PHILIPPINE HISTORY
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.

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161
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
162 READINGS IN PHILIPPINE HISTORY
 • 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.

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163
 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

164 READINGS IN PHILIPPINE HISTORY

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.

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165
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:
166 READINGS IN PHILIPPINE HISTORY
 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.

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167
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.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
168 READINGS IN PHILIPPINE HISTORY
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
169
170 READINGS IN PHILIPPINE HISTORY

WORKSHEET 4.2A
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
171
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.

172 READINGS IN PHILIPPINE HISTORY

LESSON 4.3
THE POWER OF TAXATION
BRIEF HISTORY OF TAXATION
Pre – Colonial Period
During the pre – colonial era
there was no national only
government
barangays that is headed by a
Datu. The Filipino people then pays
taxes to the Datu for their the
protection. This taxes are called
“buwis”. Consequently, the
non-payment of taxes during this
period was already punishable
but
chieftain’s family members were enjoying
exemption from paying taxes as well.
Judicial process was influenced by
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:

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'

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

173
 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
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taxes
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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 https://www.google.com/search?

q=spanish+era+taxation+in+the+philippines&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ve can be primarily attributed to the

poor revenue collection
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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.

174 READINGS IN PHILIPPINE HISTORY

 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
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
(19421945), 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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
175
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
176 READINGS IN PHILIPPINE HISTORY
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
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177
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

178 READINGS IN PHILIPPINE HISTORY

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.
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 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).
180 READINGS IN PHILIPPINE HISTORY
 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
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181
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.

182 READINGS IN PHILIPPINE HISTORY

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,
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183
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.
184 READINGS IN PHILIPPINE HISTORY
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.
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185
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.

186 READINGS IN PHILIPPINE HISTORY

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 Taken from www.google.com

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
Taken from www.google.com

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
taxations purposes the true and actual income
derived
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187
from business for two (2) consecutive years. 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

188 READINGS IN PHILIPPINE HISTORY

provides for the amendments to several provisions of the National
Internal Revenue Code of 1997
(NIRC of 1997) on personal income
taxation, passive income
Taken from www.google.com
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
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES
189
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
Taken from ledgent.com

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.

190 READINGS IN PHILIPPINE HISTORY

 Chapter 5
CRITICAL EVALUATION AND PROMOTION OF
LOCAL AND ORAL HISTORY

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.

CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES

191
 LESSON 5.1
PHILIPPINE FESTIVALS
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
Taken from www.google.com

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.

192 READINGS IN PHILIPPINE HISTORY

 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

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,
Taken from www.google.com

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
CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
193
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
originally was
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
Taken from choosephilipiines.com

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
194 READINGS IN PHILIPPINE HISTORY
 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 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
Taken from traditionscustoms.com

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
CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
195
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.

LESSON 5.2
PHILIPPINE CULTURAL PERFORMANCES
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
196 READINGS IN PHILIPPINE HISTORY
 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.

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 Taken from

during an earthquake caused by the diwatas, or fairies or

seasiteniu.edu

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
accompanies 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

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
197
‘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
Photo from simple knowledge.com

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 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 Photo from danceask.com

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
Taken from globalnation.inquirer.net

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.
198 READINGS IN PHILIPPINE HISTORY
 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
Taken from sites.gsu.edu

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 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
Taken from www.google.com

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
CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
199
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.

LESSON 5.3
UNESCO WORLD HERITAGE
SITES
IN THE COUNTRY
“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.
200 READINGS IN PHILIPPINE HISTORY
 The term cultural heritage encompasses
several main categories of heritage namely Cultural heritage
Image from culturaldevelopment.nl 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, 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

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
201
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

This group of churches

photo from BluePrint

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
202 READINGS IN PHILIPPINE HISTORY
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.

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
203
 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 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.

204 READINGS IN PHILIPPINE HISTORY

 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.

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
205
 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

206 READINGS IN PHILIPPINE HISTORY

NAME: SCORE: WORKSHEET
5
YEAR/SECTION: DATE:

True or False. Write T if the statement is True, otherwise, Suggested

write F. Learning
Activities:
_______1. Mt. Hamiguitan Range Silent Sanctuary is inscribed in the
year 2004. 1. W
ha
_______2. Church of Santo Tomas de Villasis is located in Iloilo. t

_______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
ankles of the Muslim princess.

CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY
207
 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.

208 READINGS IN PHILIPPINE HISTORY

References:
Aban, B. (No Year). Law of Basic Taxation in the Philippines. National
Bookstore.
Agoncillo, Teodoro (1990) [1960], "History of the Filipino People (8th ed.)".
Garotech Publishing Inc., Quezon City.
Benjamin, J. (2004). A Student's Guide to History. Boston: Bedford/St. Martin's.
Bernard, M. (2002). Butuan or Limasawa: The Site of the First Mass in the
Philippines: A Reexamination of the Evidence. Budhi: A Journal of Ideas
and Culture, 133-166.
Bernas, J. (2006). The 1987 Philippine Constitution: A Comprehensive
Reviewer. Rex Bookstore, Inc.
Blair, E. & Robertson, J. (1906). The Philippine Islands, 1493-1898, Volume
XXXIII, 1519-1522. Cleveland: The Arthur H. Clark Company.
Borromeo-Buehler, S. (1998). The cry of Balintawak: a contrived controversy :
a textual analysis with appended documents. Quezon City:
Ateneo de Manila University Press.
Borromeo-Buehler, Soledad M. (1998), The cry of Balintawak: a contrived
controversy : a textual analysis with appended documents, Ateneo de
Manila University Press.
Candelaria, J. & Alporha, V. (2018). Readings in Philippine History. Manila: Rex
Book Store.
Civil Code of the Philippines
Chandler, David P. In search of Southeast Asia: a modern history. University of
Hawaii Press.
Craver, K. (1999). Using Internet Primary Sources to Teach Critical Thinking
Skills in History. Westwood: Greenwoods Press.
Cruz, I. (2003). International Law Text. Central Book Supply, Inc.
de Placencia, J. (2004). Customs of the Tagalogs. In E. H. Blair, The Philippine
Islands (pp. 165-176).
Dimaampao, J. (2012). Tax Principles and Remedies. Rex Bookstore, Inc.
Duka, C. (2008). Struggle for Freedom. Manila: Rex Bookstore, Inc.
Duka, Cecilio D. (2008). Struggle for Freedom: A Textbook on Philippine
History. Rex Book Store, Inc.
Festivals in the Philippines; Apri". National Commission for Culture and the
Arts. 20 April 2019.
FilipiKnow. (2018, October 08). 10 Mind-Blowing Controversies Of Philippine
History. Retrieved from FilipiKnow: https://filipiknow.net/historical-
controversiesphilippines/

Foreman, J., 1906, The set course for her patrol area off the northeastern
coast of the main Japanese island Honshū. She arrived, New York: Charles
Scribner's Sons
Garraghan, G. (1946). A Guide to Historical Method. New York: Fordham
University Press.
Gottschalk, L. (1950). Understanding History: A primer of historical
method. New York: Alfred A. Knopf.
Guerrero, Milagros; Encarnacion, Emmanuel; Villegas, Ramon (1996),
"Balintawak: the Cry for a Nationwide Revolution", Sulyap
 Kultura, National Commission for Culture and the Arts, 1 (2): 13–
22.
Halili, M.C. (2004). Philippine History. Rex Bookstore, Inc. pp. 72–73.
Howell, M., & Prevenier, W. (2001). From Reliable Sources: An Introduction to
Historical Methods. Ithaca: Cornell University Press.
Ignacio, T. (n.d.). National Commision for Culture and the Arts. Retrieved from
National Archives of the Philippines: http://www.ncca.gov.ph/about-
cultureand-arts/articles-on-c-n-a/article.php
In Focus: Balintawak: The Cry for a Nationwide Revolution. (2003, June 6).
Retrieved from National Commission for Culture and the Arts:
https://ncca.gov.ph/ about-culture-and-arts/in-focus/balintawak-the-
cry-for-a-nationwiderevolution/
Jacinto, E. (2013). Kartilya ng Katipunan. In Richardson (pp. 131-137)
Jose Rizal University. (n.d.). Analysis Rizal's Retraction. Retrieved from Jose
Rizal:
http://www.joserizal.ph/rt03.html
Joseph, B., & Janda, R. (2004). The Handbook of Historical Linguistics.
Blackwell Publishing.
Lancion, Jr., Conrado M.; cartography by de Guzman, Rey (1995). "The
Provinces;
Cotabato". Fast Facts about Philippine Provinces (The 2000 Millenium
ed.).
Makati, Metro Manila, Philippines: Tahanan Books.
Magsaysay, John A. "Following the Yellow Brick Road at Isabela's Bambanti
Festival". philstar.com. Retrieved 2017-05-03.
Nachura, A. (2015). Outline Reviewer in Political Law. Rex Bookstore, Inc.
National Library of the Philippines. (n.d.). Retrieved from National Library of
the Philippines: http://web.nlp.gov.ph
Ocampo, A. (1995). Bonifacio's bolo. Anvil Pub. p. 8.
Ocampo, A. "Was Jose Rizal an American-sponsored Hero?". Reflections of Jose
Rizal. NHCP – National Historical Commission of The Philippines.
Retrieved September 3, 2018
Official Gazette. (n.d.). 1986 Constitutional Commission. Retrieved from
Official Gazette:
https://www.officialgazette.gov.ph/section/historical-
papersdocuments/1986-constitutional-commission/
Pappas, P. (n.d.). Types of Primary Sources. Retrieved from Teaching With
Documents: https://www.edteck.com/dbq/more/types.htm
Pascual, R. (1962). Jose Rizal Beyond the Grave. Manila: P. Ayuda & Co.
Pastrano, M. (2013, April 8). Butuan holds Easter Sunday Mass to reinforce
contentious historical claim. Lifestyle.INQ.
Philippines. (2007). The National Archives of the Philippines Act of 2007.
Quezon City: Republic of the Philippines.
Philippines: A Reexamination of the Evidence. Budhi: A Journal of Ideas and
Culture, 133-166.
Piedad-Pugay, C. (2018, September 5). The Two Faces of the 1872 Cavite
Mutiny. Retrieved from National Historical Commission of the
Philippines: http:// nhcp.gov.ph/the-two-faces-of-the-1872-cavite-
mutiny/
Pigafetta, A. (1874). The First Voyage Round the World by Magellan. London:
Hakluyt Society
Postma, A. (1992). The Laguna Copper-Plate Inscription: Text and
Commentary. Philippine Studies, 182-203.
Richardson, J. (2019, March). Notes on the Cry of August 1896. Retrieved from
Katipunan: Document and Studies: http://www.kasaysayan-kkk.info/
studies/notes-on-the-cry-of-august-1896
Schumacher, J. (1972). The Cavite Mutiny: An essay on the published sources.
Philippine Studies, 603-632.
Schumacher, John (March 2011). "The Cavite Mutiny Toward a Definitive
History". Philippine Studies. 59: 58.
Scott, W. (1984). Prehispanis Source Materials for the Study of Philippine
History. New Day Publishers.
Selection and Proclamation of National Heroes and Laws Honoring Filipino Historical
Figures" (PDF). Reference and Research Bureau Legislative Research
Service, House of Congress. Archived from the original (PDF) on April 19,
2016. Retrieved September 8,2018.
Serrano, B. (2008, April 2). Butuan to pursue claim it was site of First Mass in
RP 485 years ago. PhilStar Global.
Shafer, R. (1974). A Guide to Historical Method. Illinois: The Dorsey Press.
Sichrovsky, Harry. "An Austrian Life for the Philippines:The Cry of Balintawak".
Retrieved August 29, 2018
Sinco, V. (1954). Philippine Political Law: Principles and Concepts. Manila
Community Publications.
Soledad Masangkay Borromeo (1998). The Cry of Balintawak: A Contrived
Controversy : a Textual Analysis with Appended Documents. Ateneo
University Press. ISBN 978-971-550-278-8.
Sterns, P. (1998). American Historical Association. Retrieved from Why Study
History:
www.historians.org
Sterns, P. (1998). American Historical Association. Retrieved from Why Study
History:
www.historians.org
Sterns, P. N. (1998). Why Study History. Retrieved from American Historical
Association:https://www.historians.org/about-aha-and-membership/aha
history-and-archives/historical-archives/why-study-history-(1998)
Sterns, P. N. (1998). Why Study History. Retrieved from American Historical
Association:
https://www.historians.org/about-aha-and-membership/ahahistory-and-
archives/historical-archives/why-study-history-(1998) Suarez, R. (2011).
Political Law Reviewer. Rex Bookstore Inc.
The George W. Bush Presidential Library and Museum. (2011). Retrieved from
https://www.georgewbushlibrary.smu.edu/~/media/GWBL/Files/
Education%20pdfs/SecondaryLP_PrimarySecondarySources_Web.ashx
The National Museum of the Philippines. (n.d.). Mandates and Objectives. Retrieved
from The National Museum of the Philippines: https://
www.nationalmuseum.gov.ph/nationalmuseumbeta/Mandate%20and%
20Objectives.html
The Varsitarian. (2011, October 4). Rizal's Retraction: Truth vs Myth. The
Varsitarian.
Tiongson, J. F. (2010). Laguna Copperplate Inscription: A new interpretation using
early Tagalog dictionaries. Bayang Pinagpala.
University of Cambridge. (n.d.). Reading Primary Sources. Retrieved from
University of Cambridge: https://www.hist.cam.ac.uk/prospective-
undergrads/virtualclassroom/primary-sources
University of Washington Tacoma Library. (n.d.). History: Primary and
Secondary
Sources. Retrieved from University of Washington: https://guides.lib.uw.edu/
c.php?g=344285&p=2580599
Valencia, E. & Roxas, G. __ (2016). Income Taxation. Educational Supply.
Zaide, Gregorio and Sonia (1999). Jose Rizal: Life, Works, and Writings of a Genius,
Writer, Scientist and National Hero. Quezon City: All Nations publishing Co.
Inc. Archived from the original on September 23, 2018
Zaide, Gregorio F.; Zaide, Sonia M. (1999). Jose Rizal: Life, Works and Writings
of a Genius, Writer, Scientist and National Hero. Quezon City: All-
Nations Publishing Co., Inc.
Online Sources:
http://www.lis.dar.gov.ph/documents/7014
https://www.lawphil.net/statutes/repacts/ra1988/ra_6657_1988.html
http://www.lis.dar.gov.ph/documents/383
http://www.lis.dar.gov.ph/documents/403
https://pcw.gov.ph/law/republic-act-6657
https://www.britannica.com/place/Philippines/Sports-and-
recreation#ref23713 https://pia.gov.ph/branches-of-govt
https://www.lawphil.net/consti/cons1987.html
https://www.officialgazette.gov.ph/constitutions/constitution-day/
http://www.philippine-history.org/ http://elibrary.judiciary.gov.ph/
https://www.bir.gov.ph/index.php/transparency/bir-history.html
http://www.dof.gov.ph/taxreform/index.php/impact/
https://www.lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
http://www.chanrobles.com/legal6nationalinternalrevenuecodeof1997.html
https://www.bir.gov.ph/index.php/tax-code.html
https://www.officialgazette.gov.ph/2017/12/27/republic-act-no-10963/
http://elibrary.judiciary.gov.ph/
http://www.ntrc.gov.ph/images/journal/2017/J20171112A.pdf
http://factsanddetails.com/southeast-asia/Philippines/sub5_6a/entry-
3836.html#chapter-2
http://filipinokastila.tripod.com/FilSpa.html
https://www.britannica.com/place/Philippines/The-Spanish-period
http://www.seasite.niu.edu/Tagalog/Cynthia/festivals/philippine_ festi
vals_fs.htm?fbcli d=IwAR2--JWT6Co6y2dAy-89Rwvz6x_vIxB3 54i
id9WtyefLp1AegNSi09m1T-E
http://primer.com.ph/event/2017/01/01/festivals-in-the-philippines-
january/?
fbclid=IwAR16uWBTlcC5YMY2kqG0KqU194kXL7qiaWksnzelrENd6w9r
OGUnHk6SUyw
https://www.catholicsandcultures.org/philippines/feast-black-nazarene
http://www.seasite.niu.edu/Tagalog/Cynthia/festivals/atiatihan_fs.htm
https://www.thehappytrip.com/2015/12/kalibo-ati-atihan-schedule-of-
activities- 2016/ http://www.ph.net/htdocs/tourism/philfest.htm?
fbclid=IwAR3m7OYFa-
tgMBHGKbuAfEG2vA8KD_UMcVhv5r7JSqOf9sXxwP1D0vbJVvk
 http://traditionscustoms.com/festivals/carabao-festival
http://www.philippinecountry.com/festivals.html?fbclid=IwAR3byHu4S10TG-
bPZM26omSnFztOAkpNWeuwqH9E7Vo8NtahZEM9SobTSG0
https://www.iexplore.com/articles/travel-guides/south-and-southeast-
asia/philippines/history-and-culture
https://whc.unesco.org/en/statesparties/ph https://aseanup.com/unesco-
world-heritage-sites-philippines/
http://www.cultureindevelopment.nl/cultural_heritage/
what_is_cultural_heritage https://everything-everywhere.com/unesco-
world-heritage-sites-in-the- philippines/
https://www.dar.gov.ph
DAR Administrative Order No. 02, series
of 2009 DAR Administrative Order No. 05 – 00
DAR Administrative Order No. 09, series of 1998
DAR Administrative Order No. 02 - 06
DAR Administrative Order No. 4, series of 1998
Code of Agrarian Reforms
Agrarian Law and Social Legislation, Ungos Jr., and Ungos III
Agrarian Law and Social Legislation, Suarez

Cases:
Hacienda Luisita vs PARC, Gr. No. 171101, April 24, 2012
NPC v Chiong, G.R. NO. 152436, June 20, 2003
Republic vs. Asia Pacific Integrated Steel Corp. G.R. No. 192100, March 12,
2014
Association of small landowners vs. Secretary of Agrarian Reform, 175
SCRA343
MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY VS. MARCOS [261 SCRA 667]
CIR vs. Algue [158 SCRA9]
NPC vs. city of Cabanatuan, G.R. no.149110
PHILIPPINE GUARANTY V. CIR [13 SCRA 775],
Lorenzo vs. Posadas G.R. No L-43082
CIR vs. Sec. Corp G.R. no. L-29485
CEBU PORTLAND V. COLLECTOR [G.R. NO. 18649, FEBRUARY 27, 1965],
DELPHER TRADES CORPORATION V. INTERMEDIATE APPELLATE COURT [157
SCRA 349],
MCIAA V. MARCOS [261 SCRA 667],
FRANCIA V. IAC [162 SCRA 753]
REPUBLIC V. IAC [196 SCRA 335]
 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