The Suppression of Filipino Nationalism and The Filipinization of The Government
The Suppression of Filipino Nationalism and The Filipinization of The Government
the Government
By authority of the President of the United States, be it enacted by the United States Philippine
Commission, that:
SECTION 1. Every person, resident in the Philippine Islands, owing allegiance to the United
States or the Government of the Philippine Islands, who levies war against them or adheres to
their enemies, giving them aid and comfort within the Philippine Islands or elsewhere, is guilty of
treason, and, upon conviction, shall suffer death or, at the discretion of the court, shall be
imprisoned at hard labor for not less than five years and lined not less than ten thousand
dollars.
SEC. 2. Every person, owing allegiance to the United States or the Government of the
Philippine Islands, and having knowledge of any treason against them or either of them, who
conceals and does not, as soon as may be, disclose and make known the same to the
provincial governor in the province in which he resides or to the Civil Governor of the Islands, or
to some judge of a court of record, is guilty of misprison of treason and shall be imprisoned not
more than seven years and be fined not more than one thousand dollars.
SEC. 3. Every person who incites, sets on foot, assists, or engages in any rebellion or
insurrection against the authority of the United States or of the Government of the Philippine
Islands, or the laws thereof, or who gives aid or comfort to anyone so engaging in such rebellion
or insurrection, shall, upon conviction, be imprisoned for not more than ten years and he lined
not more than ten thousand dollars.
SEC. 4. If two or more persons conspire to overthrow, put down, or destroy by force the
Government of the United States in the Philippine Islands or the Government of the Philippine
Islands, or by force to prevent, hinder, or delay the execution of any law of the United States or
of the Philippine Islands, or by force to seize, take, or possess any property of the United States
or of the Government of the Philippine Islands, contrary to the authority thereof, each of such
persons shall be punished by a fine of not more than five thousand dollars and by imprisonment,
with or without hard labor, for a period not more than six years.
SEC. 5. All persons who rise publicly and tumultuously in order to attain by force or outside of
legal methods any of the following objects arc guilty of sedition:
To prevent the promulgation or execution of any law or the free holding of any popular
election.
To prevent the Insular Government, or any provincial or municipal government or any public
official, from freely exercising its or his duties or the due execution of any judicial or
administrative order.
To inflict any act of hate or revenge upon the person or property of any official or agent of the
Insular Government or of a provincial or municipal government.
To inflict, with a political or social object, any act of hate or revenge upon individuals or upon
any class of individuals in the Islands.
To despoil, with a political or social object, any class of persons, natural or artificial, a
municipality, a province, or the Insular Government, or the Government of the United States, or
any part of its property.
SEC. 6. Any person guilty of sedition as defined in section five hereof shall be punished by a
fine of not exceeding five thousand dollars or by imprisonment not exceeding ten years, or both.
SEC. 7. All persons conspiring to commit the crime of sedition shall be punished by a fine of not
exceeding one thousand dollars or by imprisonment not exceeding five years, or both.
SEC. 8. Every person who shall utter seditious words or speeches, write, publish, or circulate
scurrilous libels against the Government of the United States or the Insular Government of the
Philippine Islands, or which tend to disturb or obstruct any lawful officer in executing his office,
or which tend to instigate others to cabal or meet together for unlawful purposes, or which
suggest or incite rebellious conspiracies or riots, or which tend to stir up the people against the
lawful authorities or to disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices, shall be punished by a fine not
exceeding two thousand dollars or by imprisonment not exceeding two years, or both, in the
discretion of the court.
SEC. 9. All persons who shall meet together for the purpose of forming or who shall form any
secret society or who shall, after the passage of this Act, continue membership in a society
already formed, having for its object, in whole or in part, the promotion of treason, rebellion, or
sedition, or the promulgation of any political opinion or policy, shall be punished by a fine not
exceeding one thousand dollars or by imprisonment not exceeding one year, or both.
SEC. 10. Until it has been officially proclaimed that a state of war or insurrection against the
authority or sovereignty of the United States no longer exists in the Philippine Islands it shall be
unlawful for any person to advocate, orally or by writing or printing, or like methods, the
independence of the Philippine Islands or their separation from the United States, whether by
peaceable or forcible means, or to print, publish, or circulate any handbill, newspaper, or other
publication advocating such independence or separation.
Any person violating the provisions of this section shall be punished by a fine of not exceeding
two thousand dollars and imprisonment not exceeding one year.
SEC. 11. Every person who shall administer or be present and consent to the administering of
any oath or any engagement purporting to bind the person taking the same to commit any crime
punishable by death or by imprisonment for five years or more, or who shall attempt to induce or
compel any person to take any such oath or engagement or who shall himself take any such
oath or engagement, shall be punished by a fine not exceeding two thousand dollars or by
imprisonment not exceeding ten years.
SEC. 12. Any person who administers, or who is present at and consenting to the administering
of any oath or engagement purporting to bind the person taking the same, either:
And likewise, anyone who attempts to induce or compel any person to take any such oath or
engagement, and likewise any person who takes any such oath or engagement, shall be
punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding five
years, or both.
SEC. 13. Any person who under such compulsion as would otherwise excuse him offends
against either of the last two preceding sections shall not be excused thereby, unless within the
periods hereinafter stated he declares the same, and what he knows touching the same, and
the persons by whom such oath or obligation or engagement was administered or taken, by
information upon oath before a justice of the peace, judge of a Court of First Instance, or
provincial fiscal of the municipality or province in which such oath or engagement was
administered or taken. Such declaration may be made by him within fourteen days after the
commission of the offense, or, if he is hindered from making it by actual force or sickness, then
within eight days after cessation of such hindrance, or on his trial, if that happens before the
expiration of either of those periods.
SEC. 14. Any person who shall have taken any oath before any military officer of the Army of the
United States or before any officer under the Civil Government of the Philippine Islands, whether
such official so administering the oath was specially authorized by law so to do or not, in which
oath the affiant in substance engaged to recognize or accept the supreme authority of the
United States of America in these Islands or to maintain true faith and allegiance thereto or to
obey the laws, legal orders, and decrees promulgated by its duly constituted authorities and
who shall, after the passage of this Act, violate the terms and provisions of such oath or any of
such terms or provisions, shall be punished by a fine not exceeding two thousand dollars or by
imprisonment not exceeding ten years, or both.
SEC. 15. The provisions of this Act shall not apply to the organized Provinces of Batangas,
Cebu, and Bohol, nor to any province where civil government has not been established, so long
as insurrection against the authority of the United States exists therein, unless the Commanding
General of the Army of the United States, Division of the Philippines, shall authorize and direct
prosecutions in the civil courts in such territories for offenses under this Act, in which event it
shall apply.
SEC. 16. All laws and parts of laws now in force, so far as the same may be in conflict herewith,
are herein repealed: Provided, That nothing herein contained shall operate as a repeal of
existing laws in so far as they are applicable to pending actions or existing causes of actions,
but as to such causes of actions, or pending actions, existing laws shall remain in full force and
effect, this Act being entirely prospective.
SEC. 17. A foreigner, residing in the Philippine Islands, who shall commit any of the crimes
specified in the preceding sections of this Act, except those specified in sections one and two,
shall be punished in the same way and with the same penalty as that prescribed for the
particular crime therein.
No 1696. — An Act to prohibit the display of flags, banners, emblems, or devices used in the
Philippine Islands for the purpose of rebellion or insurrection against the authority of the United
States and the display of Katipunan flags, banners, emblems, or devices, and for other
purposes.
By authority of the United States, be it enacted by the Philippine Commission, that: The Flag
Law.
SECTION 1. Any person who shall expose, or cause or permit to be exposed, to public view on
his own premises, or who shall expose, or cause to be exposed, to public view, either on his
own premises or elsewhere, any flag, banner, emblem, or device used during the late
insurrection in the Philippine Islands to designate or identify f those in armed rebellion against
the United States, or any flag, banner, emblem, or device used or adopted at any time by the
public enemies of the United States in the Philippine Islands for the purposes of public disorder
or of rebellion or insurrection against the authority of the United States in the Philippine Islands,
or any flag, banner, emblem, or device of the Katipunan Society, or which is commonly known
as such, shall be punished by a fine of not less than five hundred pesos nor more than five
thousand pesos, or by imprisonment for not less than three months nor more than five years, or
by both such fine and imprisonment, in the discretion I of the court. Prohibited flags and
emblems
SEC. 2. Any person or persons having charge of any banquet, violations, entertainment, public
meeting, or reunion, or any parade, procession, or review, who shall display, or cause or permit
to be displayed, at such banquet, public entertainment, public meeting, reunion, or in such
parade, procession, or review, or who shall expose or cause to be exposed, to public view any
flag, banner, emblem, or device used during the late insurrection in the Philippine Islands to
designate or identify those in armed rebellion against the United States, or any flag, banner,
emblem, or device used or adopted at any time by the public enemies of the United States in
the Philippine Islands for the purposes of public disorder or of rebellion or insurrection against
the authority of the United States in the Philippine Islands, or any flag, banner, emblem, or of the
Katipunan Society, or which is commonly known as such, shall be punished by a fine of not less
than five hundred pesos nor more than five thousand pesos, or by imprisonment for not less
than three months nor more than five years, or by both such fine and imprisonment, in the
discretion of the court. Violations, penalty.
SEC. 3. It shall be unlawful for any person to expose, or cause or permit to be exposed, to
public view on his own premises, or to expose, or cause to be exposed, to public view either on
his own premises or elsewhere, or to display or cause to be displayed at any banquet, public
entertainment, meeting, or reunion, or in any parade, procession, or review, or for any person
having charge of such banquet, public entertainment, meeting, or reunion, or of such parade,
procession, or review, to permit to be displayed or exposed: to public view any flag or banner
the use or display of which is prohibited by executive order of the Governor-General. Any
person who shall violate the provisions of this section shall be punished by a fine of not less
than five hundred pesos nor more than five thousand pesos, or by imprisonment for not less
than three months nor more than five years, or by both such fine and imprisonment, in the
discretion of the court: Provided, however, That nothing in this section contained shall be
construed to authorize the Governor-General to permit the use or display of any flag, banner,
emblem, or device whose use, display, or exposition to public view is prohibited by the
preceding sections of this Act.
SEC. 4. Any person who shall wear, use, or expose to public view in any parade, procession, or
review any uniform or dress, or part thereof, adopted or used during the late insurrection in the
Philippine Islands to designate or identify those in armed rebellion against the United States, or
any uniform or dress, or part thereof, adopted or used at any time by the public enemies of the
United States in the Philippine Islands for the purposes of public disorder or of rebellion or
insurrection against the authority of the United States in the Philippine Islands, shall be
punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or by
imprisonment for not less than three months nor more than five years, or by both such fine and
imprisonment, in the discretion of the court.
SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is
hereby expedited in accordance with section two of “An Act prescribing the order of procedure
by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen
hundred.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That the action of the President of the United States in creating the
Philippine Commission and authorising said Commission to exercise the powers of government
to the extent and in the manner and form and subject to the regulation and control set forth in
the instructions of the President to the Philippine Commission, dated April 7,1900 and in
creating the offices of Civil Governor and ViceGovernor of the Philippine Islands, and
authorising said Civil Governor and Vice-Governor to exercise the powers of government to the
extent and in the manner and form set forth in the Executive order dated June twenty-first,
nineteen hundred and one, and is establishing four Executive Departments of government in
said Islands as set forth in the Act of the Philippine Commission entitled “An Act providing an
organisation for the Departments of the Interior, of Commerce and Police, of Finance and
Justice, and of Public Instruction,” enacted September sixth, nineteen hundred and one, is
hereby approved, ratified, and confirmed, and until otherwise provided by law the said Islands
shall continue to be governed as thereby and herein provided, and all laws passed hereafter by
the Philippine Commission shall have an enacting clause as follows. “By authority of the United
States, be it enacted by the Philippine Commission.” The provisions of section eighteen hundred
and ninety-one of the Revised Statutes of eighteen hundred and seventy eight shall not apply to
the Philippine Islands.
Future appointments of Civil Governor, Vice-Governor, members of said Commission and heads
of Executive Departments shall be made by the President, by and with the advice and consent
of the Senate.
Section 2. That the action of the President of the United States heretofore taken by virtue of the
authority vested in him as Commander in Chief of the Army and Navy, as set forth in his order of
July twelfth, eighteen hundred and ninety-eight, whereby a land of duties and taxes as set forth
by said order was to be levied and collected at all ports and places in the Philippine Islands
upon passing into the occupation and possession of the forces of the United States, together
with the subsequent amendments of said order, are hereby approved, ratified, and confirmed,
and the actions of the authorities of the Government of the Philippine Islands taken in
accordance with the provisions of said order and subsequent amendments, are hereby
approved: Provided, that nothing contained in this section shall be held to amend or repeal an
Act entitled “An Act temporarily to provide revenue for the Philippine Islands, and for other
purposes,” approved March eighth, nineteen hundred and two.
Section 3. That the President of the United States, during such time as and whenever the
sovereignty and authority of the United States encounter armed resistance in the Philippine
Islands, until otherwise provided by Congress, shall continue to regulate and control commercial
intercourse with and within said Islands by such general rules and regulations as he, in his
discretion, may deem more conducive to the public interests and the general welfare.
Section 4. That all inhabitants of the Philippine Islands continuing to reside therein who were
Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then
resided in the Philippine Islands, and their children born subsequent thereto, shall be deemed
and held to be citizens of the Philippine Islands and as such entitled to the protection of the
United States, except such as shall have elected to preserve their allegiance to the Crown of
Spain in accordance with the provisions of the treaty of peace between the United States and
Spain signed at Paris December tenth, eighteen hundred and ninety-eight.
Section 5. That no law shall be enacted in said Islands which shall deprive any person of life,
liberty, or property without due process of law, or deny to any person therein the equal
protection of the laws.
That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and
counsel, to demand the nature and cause of the accusation against him, to have a speedy and
public trial, to meet the witnesses face to face, and to have compulsory process to compel the
attendance of witnesses in his behalf.
That no person shall be held to answer for a criminal offence without due process of law; and no
person for the same offence shall be twice put in jeopardy of punishment, nor shall be
compelled in any criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient sureties, except for capital
offences.
That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of
rebellion, insurrection, or invasion the public safety may require it, in either of which events the
same may be suspended by the President, or by the Governor, with the approval of the
Philippine Commission, wherever during such period the necessity for such suspension shall
exist.
That no law granting a title of nobility shall be enacted, and no person holding any office of profit
or trust in said Islands, shall without the consent of the Congress of the United States, accept
any present, emolument, office, or title of any kind whatever from any king, queen, prince, or
foreign State.
That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishment inflicted.
That the right to be secure against unreasonable searches and seizures shall not be violated.
That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the
party shall have been duly convicted, shall exist in said Islands.
That no law shall be passed abridging the freedom of speech or of the press, or the right of the
people peaceably to assemble and petition the Government for redress of grievances.
That no law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof, and that the free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed.
That no money shall be paid out of the Treasury except in pursuance of an appropriation by law.
That no private or local bill which may be enacted into law shall embrace more than one subject,
and that subject shall be expressed in the title of the bill.
That no warrant shall issue but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the person or things to be seized.
That all money collected on any tax levied or assessed for a special purpose shall be treated as
a special fund in the Treasury and paid out for such purpose only.
Section 6. That whenever the existing insurrection in the Philippine Islands shall have ceased
and a condition of general and complete peace shall have been established therein and the fact
shall be certified to the President by the Philippine Commission, the President, upon being
satisfied thereof, shall order a
census of the Philippine Islands to be taken by said Philippine Commission; such census in its
inquiries relating to the population shall take and make so far as practicable full report for all the
inhabitants, of name, age, sex, race, or tribe, whether native or foreign born, literacy in Spanish
native dialect, or language, or in English, school attendance, ownership of homes, industrial and
social statistics, and such other information separately for each island, each province, and
municipality, or other civil division, as the President and said Commission may deem necessary:
Provided, that the President may, upon the request of said Commission, in his discretion,
employ the service of the Census Bureau in compiling and promulgating the statistical
information above provided for, and may commit to such Bureau any part or portion of such
labour as to him may seem wise.
Section 7. That two years after the completion and publication of the census, in case such
condition of general and complete peace with recognition of the authority of the United States
shall have continued in the territory of said Islands not inhabited by Moros or other non-Christian
tribes and such facts shall have been certified to the President by the Philippine Commission,
the President upon being satisfied thereof shall direct Commission to call, and the Commission
shall call, a general election for the choice of delegates to a popular assembly of the people of
said territory in the Philippine Islands, which shall be known as the Philippine Assembly. After
said Assembly shall have convened and organised, all the legislative power heretofore
conferred on the Philippine Commission in all that part of said Islands not inhabited by Moros or
other non-Christian tribes shall be vested in a Legislature consisting of two Houses – the
Philippine Commission and the Philippine Assembly. Said Assembly shall consist of not less
than fifty nor more than one hundred members to be apportioned by said Commission among
the provinces as nearly as practicable according to population:Provided, that no province shall
have less than one member: And provided further, that provinces entitled by population to more
than one member may be divided into such convenient district as the said Commission may
deem best.
Public notice of such division shall be given at least ninety days prior to such election, and the
election shall be held under rules and regulations to be prescribed by law. The qualification of
electors of such election shall be the same as is now provided by law in case of electors in
municipal elections. The members of Assembly shall hold office for two years from the first day
of January next following their election, and their successors shall be chosen by the people
every second year thereafter. No person shall be eligible to such election who is not a qualified
elector of the election district in which he may be chosen, owing allegiance to the United States
and twenty-five years of age.
The Legislature shall hold annual sessions, commencing on the first Monday of February in
each year and continuing not exceeding ninety days thereafter (Sundays and holidays not
included); Provided, that the first meeting of the Legislature shall be held upon the call of the
Governor within ninety days after the first election: And provided further, that if at the termination
of any session the appropriations necessary for the support of Government shall not have been
made, an amount equal to the sums appropriated in the last appropriation bills for such
purposes shall be deemed to be appropriated; and until the Legislature shall act in such behalf
the Treasurer may, with the advice of the Governor, make the payments necessary for the
purposes aforesaid.
The Legislature may be called in special session at any time by the Civil Governor for general
legislation, or for action on such specific subjects as he may designate. No special session shall
continue longer than thirty days, exclusive of Sundays.
The Assembly shall be the judge of the elections, returns, and qualifications of its members. A
majority shall constitute a quorum to do business, but a smaller number may adjourn from day
to day and may be authorised to compel the attendance of absent members. It shall choose its
Speaker and other officers, and the salaries of its members and officers shall be fixed by law. It
may determine the rule of its proceedings, punish its members for disorderly behaviour, and with
the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which
shall be published, and the yeas and nays of the members on any question shall, on the
demand of one-fifth of those present, be entered on the journal.
Section 8. That at the same time with the first meeting of the Philippine Legislature, and
biennially thereafter, there shall be chosen by said Legislature, each House voting separately,
two resident Commissioners to the United States, who shall be entitled to an official recognition
as such by all departments upon presentation to the President of a certificate of election by the
Civil Governor of said Islands, and each of whom shall be entitled to a salary payable monthly
by the United States at the rate of five thousand dollars per annum, and two thousand dollars
additional to cover all expenses: Provided, that no person shall be eligible to such election who
is not a qualified elector of said Islands, owing allegiance to the United States, and who is not
thirty years of age.
Section 9. That the Supreme Court and the Courts of First Instance of the Philippine Islands
shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as
shall hereafter be prescribed by the Government of said Islands, subject to the power of said
Government to change the practice and method of procedure. The municipal courts of said
Islands shall possess and exercise jurisdiction as heretofore provided by the Philippine
Commission, subject in all matters to such alteration and amendment as may be hereafter
enacted by law; and the Chief Justice and Associate Justices of the Supreme Court shall
hereafter be appointed by the President, by and with the advice and consent of the Senate, and
shall receive the compensation heretofore prescribed by the Commission until otherwise
provided by Congress. The judges of the Court of First Instance shall be appointed by the Civil
Governor, by and with the advice and consent of the Philippine Commission: Provided, that the
admiralty jurisdiction of the Supreme Court and Courts of First Instance shall not be changed
except by Act of Congress.
Section 10. That the Supreme Court of the United States shall have jurisdiction to review, revise,
reverse, modify, or affirm the final judgments and decrees of the Supreme Court of the
Philippine Islands in all actions, cases, causes, and proceedings now pending therein or
hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or
privilege of the United States is involved, or in causes in which the value in controversy exceeds
twenty-five thousand dollars, or in which the title or possession of real estate exceeding in value
the sum of twenty-five thousand dollars, to be ascertained by the oath of either party or of other
competent witnesses, is involved or brought in question; and such final judgments or decrees
may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the
United States on appeal or writ of error by the party aggrieved, in the same manner, under the
same regulations, and by the same procedure, as far as applicable, as the final judgments and
decrees of the Circuit Courts of the United States.
Section 11. That the Government of the Philippine Islands is hereby authorised to provide for the
needs of commerce by improving the harbours and navigable waters of said Islands and to
construct and maintain in said navigable waters and upon the shore adjacent thereto bonded
warehouses, wharves, piers, lighthouses, signal and life-saving stations, buoys, and like
instruments of commerce, and to adopt and enforce regulations in regard thereto, including
bonded warehouses wherein articles not intended to be imported into said Islands nor mingled
with the property therein, but brought into a port of said Islands for reshipment to another
country may be deposited in bond and reshipped to another country without the payment of
customs duties or charges.
Section 12. That all the property and rights which may have been acquired in the Philippine
Islands by the
United States under the treaty of peace with Spain, signed December tenth, eighteen hundred
and ninetyeight, except such land or other property as shall be designated by the President of
the United States for military and other reservations of the Government of the United States, are
hereby placed under the control of the Government of said Islands, to be administered for the
benefit of the inhabitants thereof, except as provided in this Act.
Section 13. That the Government of the Philippine Islands, subject to the provisions of this Act
and except as herein provided, shall classify according to its agricultural character and
productiveness, and shall immediately make rules and regulations for the lease, sale, or other
disposition of the public lands other than timber or mineral lands, but such rules and regulations
shall not go into effect or have the force of law until they have received the approval of the
President, and when approved by the President they shall be submitted by him to Congress at
the beginning of the next ensuing session thereof and unless disapproved or amended by
Congress at said session they shall at the close of such period have the force and effect of law
in the Philippine Islands: Provided, that a single homestead entry shall not exceed sixteen
hectares in extent.
Section 14. That the Government of the Philippine Islands is hereby authorised and empowered
to enact rules and regulations and to prescribe terms and conditions to enable persons to
perfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from
Spain to the United States, had fulfilled all or some of the conditions required by the Spanish
laws and royal decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet
failed to secure conveyance of title; and the Philippine Commission is authorised to issue
patents, without compensation, to any native of said Islands, conveying title to any tract of land
not more than sixteen hectares in extent, which were public lands and had been actually
occupied by such native or his ancestors prior to and on the thirteenth of August, eighteen
hundred and ninety-eight.
Section 15. That the Government of the Philippine Islands is hereby authorised and empowered,
on such terms as it may prescribe, by general legislation, to provide for the granting or sale and
conveyance to actual occupants and settlers and other citizens of said Islands such parts and
portions of the public domain, other than timber and mineral lands, of the United States in said
Islands as it may deem wise, not exceeding sixteen hectares to any one person and for the sale
and conveyance of not more than one thousand and twenty-four hectares to any corporation or
association of persons: Provided, that the grant or sale of such lands, whether the purchase
price be paid at once or in partial payments, shall be conditioned upon actual and continued
occupancy, improvement, and cultivation of the premises sold for a period of not less than five
years, during which time the purchaser or grantee can not alienate or encumber said land or the
title thereto; but such restriction shall not apply to transfers of rights and title of inheritance
under the laws for the distribution of the estates of decedents.
Section 16. That in granting or selling any part of the public domain under the provisions of the
last preceding section, preference in all cases shall be given to actual occupants and settlers;
and such public lands of the United States in the actual possession or occupancy of any native
of the Philippine Islands shall not be sold by said Government to any other person without the
consent thereto of said prior occupant or settler first had and obtained: Provided, that the prior
right hereby secured to an occupant of land, who can show no other proof of title than
possession, shall not apply to more than sixteen hectares in any one tract.
Section 17. That timber, trees, forests, and forest products on lands leased or demised by the
Government of the Philippine Islands under the provisions of this Act shall not be cut, destroyed,
removed, or appropriated except by special permission of said Government and under such
regulations as it may prescribe.
All moneys obtained from lease or sale of any portion of the public domain or from licenses to
cut timber by the Government of the Philippine Islands shall be covered into the Insular
Treasury and be subject only to appropriation for insular purposes according to law.
Section 18. That the forest laws and regulations now in force in the Philippine Islands, with such
modifications and amendments as may be made by the Government of said Islands, are hereby
continued in force, and no timber lands forming part of the public domain shall be sold, leased,
or entered until the Government of said Islands, upon the certification of the Forestry Bureau
that said lands are more valuable for agriculture than for forest uses, shall declare such lands so
certified to be agricultural in character: Provided, that the said Government shall have the right
and is hereby empowered to issue licenses to cut, harvest, or collect timber or other forest
products on reserved or unreserved public lands in said Islands in accordance with the forest
laws and regulations hereinbefore mentioned and under the provisions of this Act, and the said
Government may lease land to any person or persons holding such licenses, sufficient for a mill
site, not to exceed four hectares in extent, and may grant rights of way to enable such person or
persons to get access to the lands to which such licenses apply.
Section 19. That the beneficial use shall be the basis, the measure, and the limit of all rights to
water in said Islands, and the Government of said Islands is hereby authorised to make such
rules and regulations for the use of water, and to make such reservations of public lands for the
protection of the water supply, and for other public purposes not in conflict with the provisions of
this Act, as it may deem best for the public good.
Section 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be
reserved from sale, except as otherwise expressly directed by law.
Section 21. That all valuable mineral deposits in public lands in the Philippine Islands, both
surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation,
and purchase, and the land in which they are found to occupation and purchase, by citizens of
the United States, or of said Islands:Provided, that when on any lands in said Islands entered
and occupied as agricultural lands under the provisions of this Act, but not patented, mineral
deposits have been found, the working of such mineral deposits is hereby forbidden until the
person, association, or corporation who or which has entered and is occupying such lands shall
have paid to the Government of said Islands such additional sum or sums as will make the total
amount paid for the mineral claim or claims in which said deposits are located equal to the
amount charged by the Government for the same as mineral claims.
Section 22. That mining claims upon land containing veins or lodes of quarts or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located after
the passage of this Act, whether located by one or more persons qualified to locate the same
under the preceding section, shall be located in the following manner and under the following
conditions: Any person so qualified desiring to locate a mineral claim shall, subject to the
provisions of this Act with respect to land which may be used for mining, enter upon the same
and locate a plot of ground measuring, where possible, but not exceeding, one thousand feet in
length by one thousand feet in breadth, in as nearly as possible a rectangular form; that is to
say: All angles shall be right angles, except in cases where a boundary line of a previously
surveyed claim is adopted as common to both claims, but the lines need not necessarily be
meridional. In defining the size of a mineral claim, it shall be measured horizontally, irrespective
of inequalities of the surface of the ground.
Section 23. That a mineral claim shall be marked by two posts placed as nearly as possible on
the line of the ledge or vein, and the posts shall be numbered one and two, and the distance
between posts numbered one and two shall not exceed one thousand feet, the line between
posts numbered one and two to be known as the location line; and upon posts numbered one
and two shall be written the name given to the mineral claim, the name of the locator, and the
date of the location. Upon post numbered one there shall be written, in addition to the foregoing,
“Initial post,” the approximate compass bearing of post numbered two, and a statement of the
number of feet lying to the right and to the left of the line from post numbered one to post
numbered two, thus: “Initial post Direction of post numbered two _____ feet of this claim lie on
the right and _____ feet on the left of the line from number one to number two post.” All the
particulars required to be put on number one and number two posts shall be furnished by the
locator to the provincial secretary, or such other officer as by the Philippine Government may be
described as mining recorder, in writing, at the time the claim is recorded, and shall form a part
of the record of the sum claim.
Section 24. That when a claim has been located the holder shall immediately mark the line
between posts numbered one and two so that it can be distinctly seen. The locator shall also
place a post at the point where he has found minerals in place, on which shall be written
“Discovery post:” Provided, that when the claim is surveyed the surveyor shall be guided by the
records of the claim, the sketch plan on the back of the declaration made by the owner when the
claim was recorded, posts numbered one and two, and the notice on number one, initial post.
Section 25. That it shall not be lawful to move number one post, but number two post may be
moved by the deputy mineral surveyor when the distance between posts numbered one and two
exceeds one thousand feet, in order to place number two post one thousand feet from number
one post on the line of location. When the distance between posts numbered one and two is
less than one thousand feet the deputy mineral surveyor shall have no authority to extend the
claim beyond number two.
Section 26. That the “location line” shall govern the direction of one side of the claim, upon
which the survey shall be extended according to this Act.
Section 27. That the holder of a mineral claim shall be entitled to all minerals which may lie
within his claim, but he shall not be entitled to mine outside the boundary lines of his claim
continued vertically downward:Provided, that this Act shall not prejudice the rights of claim
owners nor claim holders whose claims have been located under existing laws prior to this Act.
Section 28. That no mineral claim of the full size shall be recorded without the application being
accompanied by an affidavit made by the applicant or some person on his behalf cognisant of
the facts – that the legal notices and posts have been put up; that mineral has been found in
place on the claim proposed to be recorded; that the ground applied for is unoccupied by any
other person. In the said declaration shall be set out the name of the applicant and the date of
the location of the claim. The words written on the number one and number two posts shall be
set out in full, and as accurate a description as possible of the position of the claim given with
reference to some natural object or permanent monuments.
Section 29. That no mineral claim which at the date of its record is known by the locator to be
less than a full-sized mineral claim shall be recorded without the word “fraction” being added to
the name of the claim, and the application being accompanied by an affidavit or solemn
declaration made by applicant or some person on his behalf cognisant of the facts: That the
legal posts and notices have been put up; that mineral has been found in place on the fractional
claim proposed to be recorded; that the ground applied for is unoccupied by any other person.
In the said declaration shall be set out the name of the applicant and the date of the location of
the claim. The words written on the posts numbered one and two shall be set out in full, and as
accurate a description as possible of the position of the claim given. A sketch plan shall be
drawn by the applicant on the back of the declaration, showing as near as may be the position
of the adjoining mineral claims and the shape and size, expressed in feet, of the claim or
fraction desired to be recorded:Provided, that the failure on the part of the locator of a mineral
claim to comply with any of the foregoing provisions of this section shall not be deemed to
invalidate such location, if upon the facts it shall appear that such locator has actually
discovered mineral in place on said location, and that there has been on his part a bona fide
attempt to comply with the provisions of this Act, and that the non-observance of the formalities
hereinbefore referred to is not of a character calculated to mislead other persons desiring to
locate claims in the vicinity.
Section 30. That in cases where, from the nature or shape of the ground, it is impossible to mark
the location line of the claim as provided by this Act, then the claim may be marked by placing
posts as nearly as possible to the location line, and noting the distance and direction such posts
may be from such location line, which distance and direction shall be set out in the record of the
claim.
Section 31. That every person locating a mineral claim shall record the same with the provincial
secretary or such other officer as by the Government of the Philippine Islands may be described
as mining recorder of the district within which the same is situated, within thirty days after the
location thereof. Such record shall be made in a book to be kept for the purpose in the office of
the said provincial secretary or such other officer as by said Government described as mining
recorder, in which shall be inserted the name of the claim, the name of each locator, the locality
of the mine, the direction of the location line, the length in feet, the date of location, and the date
of the record. A claim which shall not have been recorded within the prescribed period shall be
deemed to have been abandoned.
Section 32. That in case of any dispute as to the location of a mineral claim the title to the claim
shall be recognised according to the priority of such location, subject to any question as to the
validity of the record itself and subject to the holder having complied with all the terms and
conditions of this Act.
Section 33. That no holder shall be entitled to hold in his, its or their own name or in the name of
any other person, corporation or association more than one mineral claim on the same vein or
lode.
Section 34. That a holder may at any time abandon any mineral claim by giving notice, in
writing, or such intention to abandon, to the provincial secretary or such other officer as by the
Government of the Philippine Islands may be described as mining recorder; and from the date
of the record of such notice all his interest in such claim shall cease.
Section 35. That proof of citizenship under the clauses of this Act relating to mineral lands may
consist in the case of an individual, of his own affidavit thereof; in the case of an association of
persons unincorporated, of the affidavit of their authorised agent made on his own knowledge or
upon information and belief, and in case of a corporation organised under the laws of the United
States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified
copy of their charter or certificate of incorporation.
Section 36. That the United States Philippine Commission or its successors may make
regulations, not in conflict with the provision of this Act, governing the location, manner of
recording, and amount of work necessary to hold possession of a mining claim, subject to the
following requirements:
On each claim located after the passage of this Act, and until a patent has been issued
therefore, not less than one hundred dollars’ worth of labour shall be performed or
improvements made during each year: Provided, that upon a failure to comply with these
conditions the claim or mine upon which such failure occurred shall be open to relocation in the
same manner as if no location of the same had ever been made, provided that the original
locators, their heirs, assigns, or legal representatives have not resumed work upon the claim
after failure and before such location. Upon the failure of any one of several co-owners to
contribute his proportion of the expenditures required thereby, the co-owners who have
performed the labour or made the improvements may, at the expiration of the year, give such
delinquent co-owner personal notice in writing or notice by publication in the newspaper
published nearest the claim, and in two newspapers published at Manila, one in the English
language and the other in the Spanish language, to be designated by the Chief of the Philippine
Insular Bureau of Public Lands, for at least once a week for ninety days, and, if at the expiration
of ninety days after such notice in writing or by publication such delinquent shall fail or refuse to
contribute his proportion of the expenditure required by this section his interest in the claim shall
become the property of his co-owners who have made the required expenditures. The period
within which the work required to be done annually on all unpatented mineral claims shall
commence on the first day of January succeeding the date of location of such claim.
Section 37. That a patent for any land claimed and located for valuable mineral deposits may be
obtained in the following manner: Any person, association, or corporation authorised to locate a
claim under this Act, having claimed and located a piece of land for such purposes, who has or
have complied with the terms of this Act may file in the office of the provincial secretary, or such
other officer as by the Government of said Islands may be described as mining recorder of the
province wherein the land claimed is located, an application for a patent, under oath showing
such compliance, together with a plat and field notes of the claim or claims in common, made by
or under the direction of the Chief of the Philippine Insular Bureau of Public Lands, showing
accurately the boundaries of the claim, which shall be distinctly marked by monuments on the
ground, and shall post a copy of such plat, together with a notice of such application for a
patent, in a conspicuous place on the land embraced in such plat previous to the filing of the
application for a patent, and shall file an affidavit of at least two persons that such notice has
been duly posted, and shall file a copy of the notice in such office, and shall thereupon be
entitled to a patent for the land, in the manner following: The provincial secretary, or such other
officer as by the Philippine Government may be described as mining recorder, upon the filing of
such application, plat, field notes, notices, and affidavits, shall publish a notice that such an
application has been made, once a week for the period of sixty days, in a newspaper to be by
him designated as nearest to such claim and in two newspapers published at Manila, one in the
English language and one in the Spanish language, to be designated by the Chief of the
Philippine Insular Bureau of Public Lands; and he shall also post such notice in his office for the
same period. The claimant at the time of filing this application, or at any time thereafter within
the sixty days of publication, shall file with the provincial secretary or such other officer as by the
Philippine Government may be described as mining recorder a certificate of the Chief of the
Philippine Insular Bureau of Public Lands that five hundred dollars’ worth of labour has been
expended or improvements made upon the claim by himself or grantors; that the plat is correct,
with such further description by such reference to natural objects or permanent monuments as
shall identify the claim, and furnish an accurate description to be incorporated in the patent. At
the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the
plat and notice have been posted in a conspicuous place on the claim during such period of
publication. If no adverse claim shall have been filed with the provincial secretary or such other
officer as by the Government of said Islands may be described as mining recorder at the
expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a
patent upon the payment to the provincial treasurer or the collector of internal revenue of five
dollars per acre and that no adverse claim exists, and thereafter no objection from third parties
to the issuance of a patent shall be heard, except it be shown that the applicant has failed to
comply with the terms of this Act: Provided, that where the claimant for a patent is not a resident
of or within the province wherein the land containing the vein, ledge, or deposit sought to be
patented is located, the application for patent and the affidavits required to be made in this
section by the claimant for such patent may be made by his, her, or its authorised agent where
said agent is conversant with the facts sought to be established by said affidavits.
Section 38. That applicants for mineral patents, if residing beyond the limits of the province or
military department wherein the claim is situated, may make the oath or affidavit required for
proof of citizenship before the clerk of any court of record, or before any notary public of any
province of the Philippine Islands, or any other official in said Islands authorised by law to
administer oaths.
Section 39. That where an adverse claim is filed during the period of publication it shall be upon
oath of the person or persons making the same, and shall show the nature, boundaries, and
extent of such adverse claim, and all proceedings, except the publication of notice and making
and filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or
decided by a court of competent jurisdiction or the adverse claim waived. It shall be the duty of
the adverse claimant, within thirty days after filing his claim, to commence proceedings in a
court of competent jurisdiction to determine the question of the right of possession, and
prosecute the same with reasonable diligence to final judgment, and a failure so to do shall be a
waiver of his adverse claim. After such judgment shall have been rendered the party entitled to
the possession of the claim, or any portion thereof, may, without giving further notice, file a
certified copy of the judgment roll with the provincial secretary or such other officer as by the
Government of the Philippine Islands may be described as mining recorder, together with the
certificate of the Chief of the Philippine Insular Bureau of Public Lands that the requisite amount
of labour has been expended or improvements made thereon, and the description required in
other cases, and shall pay to the provincial treasurer or the collector of internal revenue of the
province in which the claim is situated, as the case may be, five dollars per acre for his claim,
together with the proper fees, whereupon the whole proceedings and the judgment roll shall be
certified by the provincial secretary or such other officer as by said Government may described
as mining recorder to the Secretary of the Interior of the Philippine Islands, and a patent shall
issue thereon for the claim, or such portion thereof as the applicant shall appear, from the
decision of the court, rightly to possess. The adverse claim may be verified by the oath of any
duly authorised agent or attorney in fact of the adverse claimant cognisant of the facts stated;
and the adverse claimant, if residing or at the time being beyond the limits of the province
wherein the claim is situated, may make oath to the adverse claim before the clerk of any court
of record, or any notary public of any province or military department of the Philippine Islands, or
any other officer authorised to administer oaths where the adverse claimant may then be. If it
appears from the decision of the court that several parties are entitled to separate and different
portions of the claim, each party may pay for his portion of the claim, with the proper fees, and
file the certificate and description by the Chief of the Philippine Insular Bureau of Public Lands,
whereupon the provincial secretary or such other officer as by the Government of said Islands
may be described as mining recorder shall certify the proceedings and judgment roll to the
Secretary of the Interior for the Philippine Islands, as in the preceding case, and patents shall
issue to the several parties according to their respective rights. If in any action brought pursuant
to this section, title to the ground in controversy shall not be established by either party, the
court shall so find, and judgment shall be entered accordingly. In such case costs shall not be
allowed to either party, and the claimant shall proceed in the office of the provincial secretary or
such other officer as by the Government of said Islands may be described as mining recorder or
be entitled to a patent for the ground in controversy until he shall have perfected his title.
Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a
patent for a mining claim to any person whatever.
Section 40. That the description of mineral claims upon surveyed lands shall designate the
location of the claim with reference to the lines of the public surveys, but need not conform
therewith; but where a patent shall be issued for claims upon unsurveyed lands, the Chief of the
Philippine Insular Bureau of Public Lands in extending the surveys shall adjust the same to the
boundaries of such patented claim according to the plat or description thereof, but so as in no
case to interfere with or change the location of any patented claim.
Section 41. That any person authorised to enter lands under this Act may enter and obtain
patent to lands that are chiefly valuable for building stone under the provisions of this Act
relative to placer mineral claims.
Section 42. That any person authorised to enter lands under this Act may enter and obtain
patent to lands containing petroleum or other mineral oils and chiefly valuable therefore under
the provisions of this Act relative to parcel mineral claims.
Section 43. That no location of a placer claim shall exceed sixty-four hectares for any
association of persons, irrespective of the number of persons composing such association, and
no such location shall include more than eight hectares for an individual claimant. Such
locations shall conform to the laws of the United States Philippine Commission, or its
successors, with reference to public surveys, and nothing in this section contained shall defeat
or impair any bona fide ownership of land for agricultural purposes or authorise the sale of the
improvements of any bona fide settler to any purchase.
Section 44. That where placer claims are located upon surveyed lands and conform to legal
subdivisions, further survey or plat shall be required, and all placer mining claims located after
the date of passage of this Act shall conform as nearly as practicable to the Philippine system of
public-land surveys and the regular subdivision of such surveys; but where placer claims can
not be conformed to legal subdivisions, survey and plat shall be made as on nsurveyed lands;
and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural
land less than sixteen hectares shall remain, such fractional portion of agricultural land may be
entered by any party qualified by law for homestead purposes.
Section 45. That where such person or association, they and their grantors have held and
worked their claims for a period equal to the time prescribed by the statute of limitations of the
Philippine Islands, evidence of such possession and working of the claims for such period shall
be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse
claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any
way whatever prior to the issuance of a patent.
Section 46. That the Chief of the Philippine Insular Bureau of Public Lands may appoint
competent deputy mineral surveyors to survey mining claims. The expenses of the survey of
vein or lode claims and of the survey of placer claims, together with the cost of publication of
notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the
most reasonable rates, and they shall also be at liberty to employ any such deputy mineral
surveyor to make the survey. The Chief of the Philippine Insular Bureau of Public Lands shall
also have power to establish the maximum charges for surveys and publication of notices under
this Act; and in case of excessive charges for publication he may designate any newspaper
published in a province where mines are situated, or in Manila, for the publication of mining
notices and fix the rates to be charged by such paper; and to the end that the Chief of the
Bureau of Public Lands may be fully informed on the subject such applicant shall file with the
provincial secretary, or such other officer as by the Government of the Philippine Islands may be
described as mining recorder, a sworn statement of all charges and fees paid by such applicant
for publication and surveys, and of all fees and money paid the provincial treasurer or the
collector of internal revenue, as the case may be, which statement shall be transmitted, with the
other papers in the case, to the Secretary of the Interior for the Philippine Islands.
Section 47. That all affidavits required to be made under this Act may be verified before any
officer authorised to administer oaths within the province or military department where the
claims may be situated, and all testimony and proofs may be taken before any such officer, and,
when duly certified by the officer taking the same, shall have the same force and effect as if
taken before the proper provincial secretary or such other officer as by the Government of the
Philippine Islands may be described as mining recorder. In cases of contest as to the mineral or
agricultural character of land the testimony and proofs may be taken as herein provided on
personal notice of at least ten days to the opposing party; or if such party can not be found, then
by publication at least once a week for thirty days in a newspaper to be designated by the
provincial secretary or such other officer as by said Government may be described as mining
recorder published nearest to the location of such land and in two newspapers published in
Manila, one in the English language and one in the Spanish language, to be designated by the
Chief of the Philippine Insular Bureau of Public Lands; and the provincial secretary or such other
officer as by said Government may be described as mining recorder shall require proofs that
such notice has been given.
Section 48. That where non-mineral land not contiguous to the vein or lode is used or occupied
by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface
ground may be embraced and included in an application for a patent for such vein or lode, and
the same may be patented therewith, subject to the same preliminary requirements as to survey
and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall
exceed two hectares, and payment for the same must be made at the same rate as fixed by this
Act for the superficies of the lode. The owner of a quarts mill or reduction works not owning a
mine in connection therewith may also receive a patent for his mill site as provided in this
section.
Section 49. That as a condition of sale the Government of the Philippine Islands may provide
rules for working, policing, and sanitation of mines, and rules concerning easements, drainage,
water rights, right of way, right of Government survey and inspection, and other necessary
means to their complete development not inconsistent with the provisions of this Act, and those
conditions shall be fully expressed in the patent. The Philippine Commission or its successors
are hereby further empowered to fix the bonds of deputy mineral surveyors.
Section 50. That whenever by priority of possession rights to the use of water for mining,
agricultural, manufacturing, or other purposes have vested and accrued and the same are
recognised and acknowledged by the local customs, laws, and the decisions of courts, the
possessors and owners of such vested rights shall be maintained and protected in the same,
and the right of way for the construction of ditches and canals for the purposes herein specified
is acknowledged and confirmed, but whenever any person, in the construction of any ditch or
canal, injures or damages the possession of any settler on the public domain, the party
committing such injury or damage shall be liable to the party injured for such injury or damage.
Section 51. That all patents granted shall be subject to any vested and accrued water rights, or
rights to ditches and reservoirs used in connection with such water rights as may have been
acquired under or recognised by the preceding section.
Section 52. That the Government of the Philippine Islands is authorised to establish land
districts and provide for the appointment of the necessary officers wherever they may deem the
same necessary for the public convenience, and to further provide that in districts where land
offices are established proceedings required by this Act to be had before provincial officers shall
be had before the proper officers of such land offices.
Section 53. That every person above the age of twenty-one years, who is a citizen of the United
States, or of the Philippine Islands, or who has acquired the rights of a native of said Islands
under and by virtue of the treaty of Paris, or any association of persons severally qualified as
above, shall, upon application to the proper provincial treasurer, have the right to enter any
quality of vacant coal lands of said Islands not otherwise appropriated or reserved by competent
authority, not exceeding sixty-four hectares to such individual person, or one hundred and
twenty-eight hectares to such association, upon payment to the provincial treasurer or the
collector of internal revenue, as the case may be, of not less than twenty-five dollars per hectare
for such lands, where the same shall be situated more than fifteen miles from any completed
railroad or available harbour or navigable stream, and not less than fifty dollars per hectare for
such lands as shall be within fifteen miles of such road, harbour, or stream: Provided, that such
entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules
and regulations governing the public-land surveys of the said Islands in plotting legal
subdivisions.
Section 54. That any person or association of persons, severally qualified as above provided,
who have opened and improved, or shall hereafter open and improve, any coal mine or mines
upon the public lands, and shall be in actual possession of the same, shall be entitled to a
preference right of entry under the preceding section of the mines so opened and improved.
Section 55. That all claims under the preceding section must be presented to the proper
provincial secretary within sixty days after the date of actual possession and the
commencement of improvements on the land by the filing of a declaratory statement therefore;
and where the improvements shall have been made prior to the expiration of three months from
the date of the passage of this Act, sixty days from the expiration of such three months shall be
allowed for the filing of a declaratory statement; and no sale under the provisions of this Act
shall be allowed until the expiration of six months from the date of the passage of this Act.
Section 56. That the three preceding sections shall be held to authorise only one entry by the
same person or association of persons; and no association of persons, any member of which
shall have taken the benefit of such sections, either as an individual or as a member of any
other association, shall enter or hold any other lands under the provisions thereof; and no
member of any association which shall have taken the benefit of such section shall enter or hold
any other lands under their provisions; and all persons claiming under section fifty-eight shall be
required to prove their respective rights and pay for the lands filed upon within one year from the
time prescribed for filing their respective claims; and upon failure to file the proper notice or to
pay for the land within the required period, the same shall be subject to entry by any other
qualified applicant.
Section 57. That in case of conflicting claims upon coal lands where the improvements shall be
commenced after the date of the passage of this Act, priority of possession and improvement,
followed by proper filing and continued good faith, shall determine the preference right to
purchase. And also where improvements have already been made prior to the passage of this
Act, division of the land claimed may be made by legal subdivisions, which shall conform as
nearly as practicable with the subdivisions of land provided for in this Act, to include as near as
may be the valuable improvements of the respective parties. The Government of the Philippine
Islands is authorised to issue all needful rules and regulations for carrying into effect the
provisions of this and preceding sections relating to mineral lands.
Section 58. That whenever it shall be made to appear to the secretary of any province or the
commander of any military department in the Philippine Islands that any lands within the
province are saline in character, it shall be the duty of said provincial secretary or commander,
under the regulations of the Government of the Philippine Islands, to take testimony in reference
to such lands, to ascertain their true character, and to report the same to the Secretary of the
Interior for the Philippine Islands; and if, upon such testimony, the Secretary of the Interior shall
find that such lands are saline and incapable of being purchased under any of the laws relative
to the public domain, then and in such case said lands shall be offered for sale at the office of
the provincial secretary or such other officer as by the said Government may be described as
mining recorder of the province or department in which the same shall be situated, as the case
may be, under such regulations as may be prescribed by said Government and sold to the
highest bidder, for cash, at a price of not less than three dollars per hectare; and in case such
lands fail to sell when so offered, then the same shall be subject to private sale at such office,
for cash, at a price not less than three dollars per hectare, in the same manner as other lands in
the said Islands are sold. All executive proclamations relating to the sales of public saline lands
shall be published in only two newspapers, one printed in the English language and one in the
Spanish language, at Manila, which shall be designated by said Secretary of the Interior.
Section 59. That no Act granting lands to provinces, districts, or municipalities to aid in the
construction of roads, or for other public purposes, shall be so construed as to embrace mineral
lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the
Act or Acts making the grant.
Section 60. That nothing in this Act shall be construed to affect the rights of any person,
partnership, or corporation having a valid, perfected mining concession granted prior to April
eleventh, eighteen hundred and ninety-nine, but all such concessions shall be conducted under
the provisions of the law in force at the time they were granted, subject at all times to
cancellation by reason of illegality in the procedure by which they were obtained, or for failure to
comply with the conditions prescribed as requisite to their retention in the laws under which they
were granted: Provided, that the owner or owners of every such concession shall cause the
corners made by its boundaries to be distinctly marked with permanent monuments within six
months after this Act has been promulgated in the Philippine Islands, and that any concessions
the boundaries of which are not so marked within this period shall be free and open to
exploration and purchase under the provisions of this Act.
Section 61. That mining rights on public lands in the Philippine Islands shall, after the passage
of this Act, be acquired only in accordance with its provisions.
Section 62. That all proceedings for the cancellation of perfected Spanish concessions shall be
conducted in the courts of the Philippine Islands having jurisdiction of the subject-matter and of
the parties, unless the United States Philippine Commission, or its successors, shall create
special tribunals for the determination of such controversies.
Authority for the Philippine Islands Government to Purchase Lands of Religious Orders and
Others and Issue Bonds for Purchase Price
Section 63. That the Government of the Philippine Islands is hereby authorised, subject to the
limitations and conditions prescribed in this Act, to acquire, receive, hold, maintain, and convey
title to real and personal property, and may acquire real estate for public uses by the exercise of
the right of eminent domain.
Section 64. That the powers hereinbefore conferred in section sixty-three may also be exercised
in respect of any lands, easements, appurtenances, and hereditaments which, on the thirteenth
of August, eighteen hundred and ninety-eight, were owned or held by associations,
corporations, communities, religious orders, or private individuals in such large tracts or parcels
and in such manner as in the opinion of the Commission injuriously to affect the peace and
welfare of the people of the Philippine Islands. And for the purpose of providing funds to acquire
the lands mentioned in this section said Government of the Philippine Islands is hereby
empowered to incur indebtedness, to borrow money, and to issue, and to sell at not less than
par value, in gold coin of the United States of the present standard value or the equivalent in
value in money of said Islands, upon such terms and conditions as it may deem best, registered
or coupon bonds of said Government for such amount as may be necessary, said bonds to be in
denominations of fifty dollars or any multiple thereof, bearing interest at a rate not exceeding
four and a half per centum per annum, payable quarterly, and to be payable at the pleasure of
said Government after dates named in said bonds not less than five nor more than thirty years
from the date of their issue, together with interest thereon, in gold coin of the United States of
the present standard value or the equivalent in value in money of said Islands; and said bonds
shall be exempt from the payment of all taxes or duties of said Government, or any local
authority therein, or of the Government of the United States, as well as from taxation in any form
by or under State, municipal, or local authority in the United States or the Philippine Islands. The
moneys which may be realised or received from the issue and sale of said bonds shall be
applied by the Government of the Philippine Islands to the acquisition of the property authorised
by this section, and to no other purposes.
Section 65. That all lands acquired by virtue of the preceding section shall constitute a part and
portion of the public property of the Government of the Philippine Islands, and may be held,
sold, and conveyed, or leased temporarily for a period not exceeding three years after their
acquisition by said Government on such terms and conditions as it may prescribe, subject to the
limitations and conditions provided for in this Act:Provided, that all deferred payments and the
interest thereon shall be payable in the money prescribed for the payment of principal and
interest of the bonds authorised to be issued in payment of said lands by the preceding section
and said deferred payments shall bear interest at the rate borne by the bonds. All moneys
realised or received from sales or other disposition of said lands or by reason thereof shall
constitute a trust fund for the payment of principal and interest of said bonds, and also constitute
a sinking fund for the payment of said bonds at their maturity. Actual settlers and occupants at
the time said lands are acquired by the Government shall have the preference over all others to
lease, purchase, or acquire their holdings within such reasonable time as may be determined by
said Government.
Section 66. That for the purpose of providing funds to construct sewers, to furnish adequate
sewer and drainage facilities, to secure a sufficient supply of water, and to provide all kinds of
municipal betterments and improvements in municipalities, the Government of the Philippine
Islands, under such limitations, terms, and conditions as it may prescribe, with the consent and
approval of the President and the Congress of the United States, may permit any municipality of
said Islands to incur indebtedness, borrow money, and to issue and sell (at not less than par
value in gold coin of the United States) registered or coupon bonds in such amount and payable
at such time as may be determined by the Government of said Islands, with interest thereon not
to exceed five per centum per annum: Provided, that the entire indebtedness of any municipality
under this section shall not exceed five per centum of the assessed valuation of the property in
said municipality and any obligation in excess of such limit shall be null and void.
Section 67. That all municipal bonds shall be in denominations of fifty dollars, or any multiple
thereof, bearing interest at a rate not exceeding five per centum per annum, payable quarterly,
such bonds to be payable at the pleasure of the Government of the Philippine Islands, after
dates named in said bonds not less than five nor more than thirty years from the date of their
issue, together with the interest thereon, in gold coin of the United States of the present
standard of value, or its equivalent in value in money of the said Islands: and said bonds shall
be exempt from the payment of all taxes or duties of the Government of the Philippine Islands,
or any local authority therein, or the Government of the United States.
Section 68. That all moneys which may be realised or received from the issue and sale of said
bonds shall be utilised under authorisation of the Government of the Philippine Islands in
providing the municipal improvements and betterment which induced the issue and sale of said
bonds, and for no other purpose.
Section 69. That the Government of the Philippine Islands shall, by the levy and collection of
taxes on the municipality, its inhabitants and their property, or by other means, make adequate
provision to meet the obligation of the bonds of such municipality, and shall create a sinking
fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue:
Provided, that if said bonds or any portion thereof shall be paid out of the funds of the
Government of said Islands, such municipality shall reimburse said Government for the sum
thus paid, and said Government is hereby empowered to collect said sum by the levy and
collection of taxes on such municipality.
Section 70. That for the purpose of providing funds to construct sewers in the city of Manila and
to furnish it with an adequate sewer and drainage system and supply of water the Government
of the Philippine Islands, with the approval of the President of the United States first had, is
hereby authorised to permit the city of Manila to incur indebtedness, to borrow money, and to
issue and sell (at not less than par value in gold coin of the United States), upon such terms and
conditions as it may deem best, registered or coupon bonds of the city of Manila to an amount
not exceeding four million dollars, lawful money of the United States, payable at such time or
times as may be determined by said Government, with interest thereon not to exceed five per
centum per annum.
Section 71. That said coupon or registered bonds shall be in denominations of fifty dollars or
any multiple thereof, bearing interest at a rate not exceeding five per centum per annum,
payable quarterly, such bonds to be payable at the pleasure of the Government of the Philippine
Islands, after dates named in said bonds not less than five nor more than thirty years from the
date of their issue, together with the interest thereon in gold coin of the United States of the
present standard value, or the equivalent in value in money of the said Islands; and said bonds
shall be exempt from the payment of all taxes or duties of the Government of the said Islands,
or of any local authority therein, or of the Government of the United States.
Section 72. That all moneys which may be realised or received from the issue and sale of said
bonds shall be utilised under authorisation of said Government of the Philippine Islands in
providing a suitable sewer and drainage system and adequate supply of water for the city of
Manila and for no other purpose.
Section 73. That the Government of the Philippine Islands shall, by the levy and collection of
taxes on the city of Manila, its inhabitants and their property, or by other means, make adequate
provision to meet the obligation of said bonds and shall create a sinking fund sufficient to retire
them and pay the interest thereon in accordance with the terms of issue: Provided, that if said
bonds or any portion thereof shall be paid out of the funds of the Government of said Islands,
said city shall reimburse said Government for the sum thus paid, and said Government is
hereby empowered to collect said sum by the levy and collection of taxes on said city.
Franchises
Section 74. That the Government of the Philippine Islands may grant franchises; privileges, and
concessions, including the authority to exercise the right of eminent domain for the construction
and operation of works of public utility and service, and may authorise said works to be
constructed and maintained over and across the public property of the United States, including
streets, highways, squares, and reservations, and over similar property of the Government of
said Islands, and may adopt rules and regulations under which the provincial and municipal
governments of the Islands may grant the right to use and occupy such public property
belonging to said provinces or municipalities: Provided, that no private property shall be taken
for any purpose under this section without just compensation paid or tendered therefore, and
that such authority to take and occupy land shall not authorise the taking, use, or occupation of
any land except such as is required for the actual necessary purposes for which the franchise is
granted, and that no franchise, privilege, or concession shall be granted to any corporation
except under the conditions that it shall be subject to amendment, alteration, or repeal by the
Congress of the United States, and that lands or rights of use and occupation of lands thus
granted shall revert to the Governments by which they were respectively granted upon the
termination of the franchises and concession under which they were granted or upon their
revocation or repeal. That all franchises, privileges, or concessions granted under this Act shall
forbid the issue of stock or bonds except in exchange for actual cash, or for property at a fair
valuation, equal to the par value of the stock or bonds so issued; shall forbid the declaring of
stock or bond dividends, and, in the case of public-service corporations, shall provide for the
effective regulation of the charges thereof, for the official inspection and regulation of the books
and accounts of such corporations, and for the payment of a reasonable percentage of gross
earnings into the Treasury of the Philippine Islands or of the province or municipality within
which such franchises are granted and exercised: Provided further, that it shall be unlawful for
any corporation organised under this Act, or for any person, company, or corporation receiving
any grant, franchise, or concession from the Government of said Islands, to use, employ, or
contract for the labour of persons claimed or alleged to be held in involuntary servitude; and any
person, company, or corporation so violating the provisions of this Act shall forfeit all charters,
grants, franchises, and concessions for doing business in said Islands, and in addition shall be
deemed guilty of an offence, and shall be punished by a fine of not less than ten thousand
dollars.
Section 75. That no corporation shall be authorised to conduct the business of buying and
selling real estate or be permitted to hold or own real estate except such as may be reasonably
necessary to enable it to carry out the purposes for which it is created, and every corporation
authorised to engage in agriculture shall by its charter be restricted to the ownership and control
of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any
member of a corporation engaged in agriculture or mining and for any corporation organised for
any purpose except irrigation to be in any wise interested in any other corporation engaged in
agriculture or in mining. Corporations, however, may loan funds upon real-estate security and
purchase real estate when necessary for the collection of loans, but they shall dispose of real
state so obtained within five years after receiving the title. Corporations not organised in the
Philippine Islands, and doing business therein shall be bound by the provisions of this section
so far as they are applicable.
Coinage
Section 76. That the Government of the Philippine Islands is hereby authorised to establish a
mint at the city of Manila, in said Islands, for coinage purposes, and the coins hereinafter
authorised may be coined at said mint. And the said Government is hereby authorised to enact
laws necessary for such establishment:Provided, that the laws of the United States relating to
mints and coinage, so far as applicable, are hereby extended to the coinage of said Islands.
Section 77. That the Government of the Philippine Islands is authorised to coin, for use in said
Islands, a coin of the denomination of fifty centavos and of the weight of one hundred and
ninety-two and nine-tenths grains, a coin of the denomination of twenty centavos and of the
weight of seventy-seven and sixteen onehundredths grains, and a coin of the denomination of
ten centavos and of the weight of thirty-eight and fiftyeight one-hundredths grains, and the
standards of said silver coins shall be such that of one thousand parts by weight nine hundred
shall be of pure metal and one hundred of alloy, and the alloy shall be of copper.
Section 78. That the subsidiary silver coins authorised by the preceding section shall be coined
under the authority of the Government of the Philippine Islands in such amounts as it may
determine, with the approval of the Secretary of War of the United States, from silver bullion
purchased by said Government, with the approval of the Secretary of War of the United States:
Provided, that said Government may in addition and in its discretion recoin the Spanish-Filipino
dollars and subsidiary silver coins issued under the authority of the Spanish Government for use
in said Islands into the subsidiary coins provided for in the preceding section at such rate and
under such regulations as it may prescribe, and the subsidiary silver coins authorised by this
section shall be legal tender in said Islands to the amount of ten dollars.
Section 79. That the Government of the Philippine Islands is also authorised to issue minor
coins of the denominations of one-half centavo, one centavo, and five centavos, and such minor
coins shall be legal tender in said Islands for amounts not exceeding one dollar. The alloy of the
five-centavo piece shall be of copper and nickel, to be composed of three fourths copper and
one-fourth nickel. The alloy of the onecentavo and one-half-centavo pieces shall be ninety-five
per centum of copper and five per centum of tin and zinc, in such proportions as shall be
determined by said Government. The weight of the five-centavo piece shall be seventy-seven
and sixteen-hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the
one-half centavo piece forty grains troy.
Section 80. That for the purchase of metal for the subsidiary and minor coinage, authorised by
the preceding sections, an appropriation may be made by the Government of the Philippine
Islands from its current funds, which shall be reimbursed from the coinage under said sections;
and the gain or seigniorage arising there from shall be paid into the Treasury of said Islands.
Section 81. That the subsidiary and minor coinage hereinbefore authorised may be coined at
the mint of the Government of the Philippine Islands at Manila, or arrangements may be made
by the said Government with the Secretary of the Treasury of the United States for their coinage
at any of the mints of the United States, at a charge covering the reasonable cost of the work.
Section 82. That the subsidiary and minor coinage hereinbefore authorised shall bear devices
and inscriptions to be prescribed by the Government of the Philippines Islands, and such
devices and inscriptions shall express the sovereignty of the United States, that it is a coin of
the Philippine Islands, the denomination of the coin, and the year of the coinage.
Section 83. That the Government of the Philippine Islands shall have the power to make all
necessary appropriations and all proper regulations for the redemption and reissue of worn or
defective coins and for carrying out all other provisions of this Act relating to coinage.
Section 84. That the laws relating to entry, clearance, and manifests of steamships and other
vessels arriving from or going to foreign ports shall apply to voyages each way between the
Philippine Islands and the United States and the possessions thereof, and all laws relating to
the collection and protection of customs duties not inconsistent with the Act of Congress of
March eighth, nineteen hundred and two, “temporarily to provide revenue for the Philippine
Islands,” shall apply in the case of vessels and goods arriving from said Islands in the United
States and its aforesaid possessions.
The laws relating to seamen on foreign voyages shall apply to seamen on vessels going from
the United States and its possessions aforesaid to said Islands, the customs officers there being
for this purpose substituted for consular officers in foreign ports.
The provisions of chapters six and seven, title forty-eight, Revised Statutes, so far as now in
force, and any amendments thereof, shall apply to vessels making voyages either way between
ports of the United States or its aforesaid possessions and ports in said Islands; and the
provisions of law relating to the public health and quarantine shall apply in the case of all
vessels entering a port of the United States or its aforesaid possessions from said Islands,
where the customs officers at the port of departure shall perform the duties required by such law
of consular officers in foreign ports.
Section 3005, Revised Statutes, as amended, and other existing laws concerning the transit of
merchandise through the United States, shall apply to merchandise arriving at any port of the
United States destined for any of its insular and continental possessions or destined from any of
them to foreign countries.
Nothing in this Act shall be held to repeal or alter any part of the Act of March eighth, nineteen
hundred and two, aforesaid, or to apply to Guam, Tutorial, or Mauna, except that section eight of
an Act entitled “An Act to revise and amend the tariff laws of the Philippine Archipelago,”
enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and
one, and approved by an Act entitled “An Act temporarily to provide revenues for the Philippine
Islands, and for other purposes,” approved March eighth, nineteen hundred and two, is hereby
amended so as to authorise the Civil Governor thereof in his discretion to establish the
equivalent rates of the money in circulation in said Islands with the money of the United States
as often as once in ten days.
Section 85. That the Treasury of the Philippine Islands and such banking associations in said
Islands with a paid-up capital of not less than two million dollars and chartered by the United
States or any State thereof as may be designated by the Secretary of War and the Secretary of
the Treasury of the United States shall be depositories of public money of the United States,
subject to the provisions of existing law governing such depositories in the United States:
Provided, that the Treasury of the Government of said Islands shall not be required to deposit
bonds in the Treasury of the United States, or to give other specific securities for the safe-
keeping of public money except as prescribed, in his discretion, by the Secretary of War.
Section 86. That all laws passed by the Government of the Philippine Islands shall be reported
to
Congress, which hereby reserves the power and authority to annul the same, and the Philippine
Commission is hereby directed to make annual report of all its receipts and expenditures to the
Secretary of War.
Section 87. That the Division of Insular Affairs of the War Department, organised by the
Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as
the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall
embrace all matters pertaining to civil government in the island possessions of the United States
subject to the jurisdiction of the War Department; and the Secretary of War is hereby authorised
to detail an officer of the Army whom he may consider especially well qualified, to act under the
authority of the Secretary of War as the chief of said Bureau, and said officer while acting under
said detail shall have the rank, pay, and allowances of a colonel.
Section 88. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.
Chapter 12
JAPANESE OCCUPATION
Learning Objectives:
At the end of the chapter, students should be able to:
1.Explain why the Philippines was occupied by the Japanese
2.Explain the Filipino response to the Japanese Occupation
The Japanese occupation of the Philippines occurred between 1942 and 1945, when
Imperial Japan occupied the Commonwealth of the Philippines during World War II. The
invasion of the Philippines started on 8 December 1941, ten hours after the attack on
Pearl Harbor. As at Pearl Harbor, American aircraft were severely damaged in the initial
Japanese attack. Lacking air cover, the American Asiatic Fleet in the Philippines
withdrew to Java on 12 December 1941. General Douglas MacArthur was ordered out,
leaving his men at Corregidor on the night of 11 March 1942 for Australia, 4,000 km
away. The 76,000 starving and sick American and Filipino defenders on Bataan
surrendered on 9 April 1942, and were forced to endure the infamous Bataan Death
March on which 7,000–10,000 died or were murdered. The 13,000 survivors on
Corregidor surrendered on 6 May. Japan occupied the Philippines for over three years,
until the surrender of Japan. A highly effective guerilla campaign by Philippine
resistance forces controlled sixty percent of the islands, mostly jungle and mountain
areas. MacArthur supplied them by submarine, and sent reinforcements and officers.
The world will long remember the epic struggle that Filipino and American soldiers put
up in the jungle fastness and along the rugged coast of Bataan. They have stood up
uncomplaining under the constant and grueling fire of the enemy for more that three
months. Besieged on land and blockaded by sea, cut off from all sources of help in the
Philippines and in America, the intrepid fighters have done all that human endurance
could bear.
For what sustained them through all these months of incessant battle was a force that
was more than merely physical. It was the force of an unconquerable faith—something
in the heart and soul that physical hardship and adversity could not destroy! It was the
thought of native land and all that it holds most dear, the thought of freedom and dignity
and pride in these most priceless of all our human prerogatives.
The adversary, in the pride of his power and triumph, will credit our troops with nothing
less than the courage and fortitude that his own troops have shown in battle. Our men
have fought a brave and bitterly contested struggle. All the world will testify to the most
superhuman endurance with which they stood up until the last in the face of
overwhelming odds.
But the decision had to come. Men fighting under the banner of unshakable faith are
made of something more that flesh, but they are not made of impervious steel. The flesh
must yield at last, endurance melts away, and the end of the battle must come.
Bataan has fallen, but the spirit that made it stand—a beacon to all the liberty-loving
peoples of the world— cannot fall!
All of us know the story of Easter Sunday. It was the triumph of light over darkness, life
over death. It was the vindication of a seemingly unreasonable faith. It was the glorious
resurrection of a leader, only three days before defeated and executed like a common
felon.
We, too, were betrayed by Judases. We were taken in the night by force of arms, and
though we had done wrong to no man, our people were bound and delivered into the
hands of our enemies. We have been with mock symbols of sovereignty, denied by
weaklings, lashed with repeated oppression, tortured and starved. We have been given
gall to drink, and we have shed our blood. To those who look upon us from afar it must
seem the Filipino people have descended into hell, into the valley of death. But we know
that the patient and watching men who said their simple prayers in the hills of Bataan,
have not lost faith, and we know that the hushed congregations in the churches
throughout the land, drew from the gospel as Mass renewed hope in their resurrection.
To all of them we give today the message of the angel of Easter morning: “Be not afraid,
for He is risen.”
We, too, shall rise. After we have paid the full price of our redemption, we shall return to
show the scars of sacrifices that all may touch and believe. When the trumpets sound
the hour we shall roll aside the stone before the tomb and the tyrant guards shall scatter
in confusion. No wall of stone shall then be strong enough to contain us, no human
force shall suffice to hold us in subjection, we shall rise in the name of freedom and the
East shall be alight with the glory of our liberation.
Chapter 13
The Challenges Faced by the Filipino Nation in terms of Agrarian Reform,
Economic Nationalism,
Foreign Policy and National Minorities
Learning Objectives:
1.Identify and explain the different problems which the Philippines had to address after
the World War II
2.Explain the relations of the Philippines and the United States after the Second World
War
Message of President Roxas on Agrarian Reforms, August 8, 1946
You will find from the report that the proposed amendments are highly recommended by
the Agrarian Commission whose findings are based on a thorough, objective and
detailed study of the major factors involved.
The Agrarian Commission was created by Executive Order precisely to study this
situation. The members of this Commission have listened to every conceivable
viewpoint and have made a first hand study at the very scene of these problems. The
conclusions of this Commission are so finely devised, although they represent no new
departure from views held by experts on this subject before the war that I have been
assured of support for these proposals by representatives of both the tenants and the
landowners.
This particular report deals chiefly with the relationship between tenant and landowner
in the rice-producing areas the recommendations of the Commission were arrived at
after a careful investigation of the economic and social problems of the individuals and
groups involved in that relationship, and of the tenancy contract itself as prescribed by
existing laws. The Commission also gathered information concerning the actual
operation of these contracts and the resulting difficulties and conflicts which have arisen
in widespread areas.
I have given much thought and study to this report have reached the conclusion that the
recommendations of the Commission are based on sound principle and afford, for the
present at least, a fair and just basis for the establishment of a vastly improved
relationship between tenant and landowner. I, therefore, recommend to the Congress
the amendment of the Tenancy Law in accordance with the recommendations of the
Agrarian Commission. As soon as the necessary funds are available, I shall submit
recommendations for the implementation of the other findings of the Commission,
especially those proposing the construction of irrigation systems, the establishment of
agricultural experiment stations, the organization of credit cooperatives for the benefit of
tenants and small farmers, and the modernization of the technique of rice production.
Tenancy is an archaic and socially undesirable system as the basis for agriculture. It is a
remnant of feudalism. It is a form of extreme paternalism which retards the economic
and social progress of tenants and farm workers. It ties the laborer to the land as a
chattel. It deadens his spirit of enterprise and makes him totally dependent on the
landowner. The condition of many tenants is not unlike serfdom. This situation is
repugnant to modern concepts of free enterprise and human dignity. It retards the
economic advance of our nation. Wherever the system of tenancy prevails in the world,
social and economic conditions are depressed. We must therefore look forward to a
gradual but orderly abolition of the tenancy system; we must strive gradually and in an
orderly manner to make of our farm laborers the owners of the land that they cultivate
and thereby stimulate the creation of as large a class as possible of small independent
farmers who can and will be the backbone of the social and political body of the nation.
To attain this end, I propose, first, to establish the fairest possible contractual basis
between the tenant and landowner; second, wherever practicable and as soon as
circumstances permit, to replace the system of tenancy as we know it with a system of
fixed land rental, either in money or in produce; third, to acquire large estates for the
purpose of subdividing them for sale at cost to the tenants; and, fourth, to open up large
areas of public land for development and distribution to farmers to be attracted from the
congested farm areas. This program, together with scientific aid to agriculture and the
credit and other facilities that small farmers require in the organization of new farms,
necessitates the expenditure of considerable amounts of money. As soon as funds are
available I shall propose to the Congress the immediate implementation of this program.
1. In the absence of a written contract, (a) the tenant is to receive 70 per cent of the
net produce of the land and the landowner 30 per cent for first class land—land whose
normal production is over 40 cavans of palay per one cavan of seeds; (b) 75 per cent
for the tenant and 25 per cent for the landowner for second class land—land whose
normal production is between 25 and 40 cavans per one cavan of seeds; and (c) 80 per
cent for the tenant and 20 per cent for the landowner for third class land―land whose
normal production is less than 25 cavans per one cavan of seeds; provided the tenant
supplies the work animals and farm implements and defrays all the expenses for
planting and cultivation of the field. Expenses for harvesting and threshing shall be
deducted from the gross produce. Expenses for the maintenance of irrigation systems
within the respective areas shall be for the account of the tenant, but amortizations for
the cost of construction of the system itself shall be for the account of the landowner.
The expenses for construction and maintenance of privately-owned irrigation systems
shall be agreed upon between landowners and tenants, but in case of disagreement, all
expenses for construction shall be for the account of the landowner and the expenses
of the distribution canals for the account of the tenant.
2. In case the landowner supplies the work animals and farm implements and the
landowner bears all the expenses of planting and cultivation, the landowner shall
receive 70 per cent and the tenant 30 per cent of the crop; but if the landowner and .the
tenant bear equally the expenses of planting and cultivation, the crop shall be divided
equally between the parties.
3. In case the land is planted to a second crop of rice or to other auxiliary crops, the
tenant shall receive 80 per cent and the landowner 20 per cent of the net produce,
provided all expenses of production are borne by the tenant.
6. The area to be set aside for the tenant for his house, garden and the raising of
poultry and livestock should be increased from 500 square meters to not less than 600
square meters, nor more than 1,000 square meters depending upon the availability of
suitable land belonging to the landowner.
The amendments I am proposing to the Tenancy Law are neither radical nor new in this
country. They are virtually the same as those prevailing in the tenancy contracts in the
Visayan provinces. In the Visayas, tenants and landowners are working in complete
harmony, and the social condition of the tenants is relatively higher than that in the
provinces of Central Luzon.
One of the most important effects of these amendments will be to induce the tenant to
work harder and more continuously because of the prospect of receiving a major part of
his produce. It will also induce him to avoid spending needlessly for planting and
cultivating, since he will realize that such expenses will have to be borne by him
exclusively. This is actually the case in the Visayan provinces. Whereas in Luzon, the
usual expenses for planting and cultivation amount to a considerable sum, in the
Visayan provinces few such expenses are being actually contracted because the tenant
and members of his family do all the work of planting and cultivating. In cases where
additional help is required, there exists a system of cooperative labor supplied by
neighboring tenants and their families.
I fully realize that the proposed amendments will not solve all the economic problems of
the tenants of rice lands. It is a fact, for instance, that the present methods of rice
cultivation are such that no tenant can cultivate more than three hectares of rice land.
And even if he were given all the produce of this land, he would still have an insufficient
income to support a socially acceptable standard of living. The final answer must rather
be found in gradually increasing the efficiency of the tenant by the adoption of modern
methods of agriculture, the use of fertilizers, the use of mechanical implements, the
stimulation of household industry, the development of seasonal employment, and the
increase in the amount of land which the tenant can put into production with his own
work. This is a gradual process which will require more than legislation to achieve; it will
need greater efforts on the part of the tenant and a long process of education and
demonstration in modern agricultural technique.
I have received letters and petitions from owners of small rice landholdings, protesting
against the amendments which I am proposing in this message. These petitioners claim
that if the tenants are to be given a larger share of the crop, the income of the small
owners will be greatly reduced, facing them with economic disaster. My answer to this
protest is that these small landowners should cultivate their own lands; thus they will not
have to share the crop with tenants. We cannot deny justice to the tenants merely
because the landowners do not want to work their own land and prefer to live on the
work of others. These owners, if they prefer to have other employment, must be content
with a fair return from land ownership.
The 70-30 crop division itself is not an especially novel concept. I recall proposing it
several years before the war. The proposition was endorsed by President Quezon; it
was only because of the outbreak of war that this reform was not carried out.
I desire to inform the Congress that before submitting this message, a meeting was held
to discuss the Agrarian Commission report with representatives of the tenants and of the
landowners. I am happy to advise the Congress that these representatives approved
the recommendations of the Commission and agreed to support the’ amendments which
I am now submitting for your consideration.
In view of the fact that the planting season for rice is under way and that the harvest will
take place before the next session of the Congress, I earnestly request that this matter
receive your early attention and that the proposed amendments be enacted at an early
date.
Respectfully,
In the light of what has been accomplished since I last had the honor to address you, it
is with an uplifted spirit that today I call for further determined and courageous action
toward the great national goals.
During the year 1959 we touched a few peaks in progress’ highway. We piled up bigger
surpluses in. rice and corn, thus firming up our success in the campaign for self-suffi-
ciency in food. We have achieved favorable balance of trade for the first time in postwar
years which is a definitive index of our economic growth. The nation was thrilled by the
discovery of oil in Cebu which, together with steel, will give revolutionary impetus to our
agro-industrial econ-omy. Oil will soon be a mighty pillar of our economy. We launched
the first ship built by Filipino naval architects and engineers which established once and
for all our capacity in this field. This is significant and inspiring when we consider that we
are a country of 7,000 islands. We have successfully conducted a peaceful, free and
honest election in which the Filipino people reiterated confidence in the present
Nacionalista administration. It was an untrammeled expression of the popular will and
the overall result was the strengthening of the fabric of Philippine de-mocracy. We have
just laid the cornerstone of a Nuclear Center made possible by the United States
granting us an Atomic Reactor. We have thus been ushered into the thres-hold of a
spectacular industrial revolution with the use of atomic energy.
All of these achievements in the past year, to mention only the most outstanding, are at
the same time pledges at a bigger tomorrow.
It is my hope that legislations under this orientation will be enacted this year.
ECONOMIC PROGRESS
In vital matters related to the national economy, at the start of last year, we were facing
serious difficulties. The international reserve stood at a dangerously low level and the
financial position of the government was weak. So when I came before Congress to
speak on the state of the nation, I proposed bold and decisive moves to stabilize the
economy.
Now after barely five months of implementation thereof we find that we were able not
only to halt the country’s deteriorating balance of payments, but also to reverse it for the
first time in postwar years from minus to plus, The 25 per cent margin on foreign
exchange sales com-bined with the other disinflationary fiscal and credit re-straint
measures such as new tax laws, the cutback in bond financing, and such monetary
instruments as the raising of reserve requirements, the raising of rediscount rates,
selec-tive rediscounting, the imposition of portfolio ceilings, and the continued effectively
of Central Bank Circular No. 79, have produced general salutary effects upon our
national economy. Among these are: (1) the strengthening of the peso, (2) the
strengthening of our international reserve to the tune of $162.9 million, (3) the
consolidation of the government’s financial position, (4) the cutting down of excessive
money supply, (5) the keeping down of excess bank reserves and credit, and (6), worthy
of repeated mention, the attainment for the first time in postwar history of a favorable
balance of trade and balance of payments to the tune of $46.4 million. Moreover, we
paid in 1959, $84 million of our foreign loans and obligations.
Incidentally, there are loose talks of repealing the dollar margin law on the alleged
ground that prices have zoomed up owing to it. We found, however, that, in general,
prices have risen slower than costs. This indicated that business profit margins
absorbed a sizeable share of the tax burden. The increase in prices for prime
commodities consumed by the masses was not due to the dollar margin law, but to
certain tax laws, the higher tariff rates on United States goods, and principally the
general upward trend of produc-tion costs and prices at the sources of these imported
com-modities. The latter is beyond our control.
On the other hand, while retail prices for domestically produced commodities increased
by 5.1 per cent from June to November, they still stood below their levels the previous
year, owing largely to increased output in agriculture and the domestic industries.
Be that as it may, may I state as emphatically as I can that, if the stabilization measures
Congress enacted last year did not halt the increasing momentum of last year’s
inflation, the ravages of the then impending run-away inflation would have exacted from
us not 25 per cent, not even 100 per cent but perhaps from 500 to 1000 per cent rise in
prices. That would have been a national catastrophe.
Rural Development
Greater efforts should be made to diffuse the benefits and balance the economic
development among the rural regions of the country. During the past year, I consistently
advocated the dispersal of industries to the provinces to halt the dangerous tendency of
overcrowded population in cities and to stop inflation of monetary circulation in Manila
and suburbs while there was scarcity of money in the provinces.
Our experience during the last few years indicates the utmost desirability of a practical
shift from a public market-ing system to a more active role on the part of private
enterprise. In the case of rice and corn marketing, it is both urgent and propitious that
our Government banks and the rural banks back up a structure of long-term credit
assistance to private warehouses and millers.
During the year under review, we also made steady progress in land reforms and public
land distribution.
The NARRA resettled over 1,000 settler-families, mostly m the provinces of Bukidnon,
Lanao, Cotabato, Palawan and Isabela. The Bureau of Lands continued to extend the
Survey and subdivision of disposable public agricultural lands, and distributed during
the year over 23,000 land patents.
While farmers should be extended all possible assistance as far as credits and
marketing facilities are concerned, I believe, that in the long run, the continued subsidy
and price support of certain products will do more harm than good to public welfare.
There is clear indication that a realistic reexamination of our laws on price support be
undertaken before it is too late.
I am proud to inform Congress that in the community development program under the
PACD and with ICA assistance, we rose to unprecedented heights of achievement. At
the death of President Magsaysay we had 2,110 com-munity development projects in
1,185 barrios. Now we have 21,480 projects in 5,425 barrios of which 9,293 were
undertaken in 1959. These community development proj-ects range feeder roads to
community assembly houses, poultry, artesian wells, barrio waterworks, communal ir-
rigation, and others.
This phase of social service fully deserves the generous support of Congress which I
hereby request.
I wish to call attention again to the matter of developing new foreign markets for our
products. I have directed the resumption and conclusion of trade agreements with
Germany, Japan, and other countries. A diversified market will enable us to sell our
products at the best possible price and thus maximize our income. As United States
duties become increasingly heavy on Philippine goods under the Laurel-Langley
Agreement, the problem of diversification becomes more marked.
A significant development in this regard is the fact that half of our trade is now
conducted with countries other than the United States, particularly with Western Europe
and our Asian neighbors, whereas ten years ago, three-fourths of our trade was
exclusively with America.
We should explore the possibility of price adjustments on our products to make them
more competitive with similar products of other countries. The method open to us in our
campaign for higher export receipts are indeed many and varied, among which are the
institution of quality control, the encouragement of more intensive processing, a more
in-tensive development of by-product industries in order to utilize what is now waste,
and stepped-up specialized ex-ploration to find more industrial uses of our sugar,
abaca, coconut, tobacco, etc.
Last year I recommended the repeal of Republic Act No.1410 with a view to plugging
the loopholes provided through barter. While this law was repealed, another law,
Republic Act No. 2262, was approved, designed to provide incentives directly to
producers. This was done, I understand, in realistic barter. Undeniably, there are also a
few marginal indus-tries on which the employment of a large number of our people
actually depend and for which barter alone offers better chances of survival.
In this connection I beg to announce that the rice and corn surpluses of 1959 are bigger
than the 1958 surpluses, an eloquent proof of the success of our program for self-
sufficiency in food. We shall also have an estimated surplus of about 20 million kilos of
Virginia tobacco this year. But all these surpluses cannot be profitably sold for dollars
abroad. The NARIC has failed, for lack of adequate financ-ing, in the price support
program for rice and corn. It is increasingly becoming difficult for the Central Bank to
finance the tobacco price support under the present law. In rice and corn, prices have
gone down lower than production cost. It has therefore become imperative that we
decisively act to find the solution to these problems. Meantime barter for these
surpluses seems the only way to provide a. incentive directly to producers.
The cold fact of our fiscal situation has been and continues to be that the country’s
revenue structure is no longer capable of supporting the irreducible requirements of a
national program of accelerated social and economic devel-opment.
The authorized expenditures from the General Fund, including P99.4 million of
supplementary appropriations approved last year, now total P1, 487.8 million.
Since the General Fund income estimates amount to P900.5 million only, we have been
constrained to continue the policy of stringency in government expenditures. The
expenditures of appropriations aggregating P565.2 million had to be stopped and forced
savings of P22.1 million had to be imposed on all departments, bureaus, and offices of
the Executive Branch. Total obligations from all funds combined for 1960 have been
reduced by P147.3 million.
In our effort to pursue our fiscal stabilization program and to minimize the inflationary
pressures generated by large-scale public spending of the proceeds of bond issues, we
have effected cutbacks in public works and economic development projects. We have
reduced the bond funds for these purposes from P126.2 million to only P70.3 million.
Our revenues have increased consistently from year to year, from P530.8 million in
1953 to P789.4 million in 1959. Yet these increases have not been sufficient to cover the
rise in government expenditures required by an expanding economy and a rapidly
growing population. Consequently, we have to face the problem of balancing the budget
every year by careful programming and retrenchment measures on public expenditures.
The answer to this mounting budgetary problem is, of course, increased revenues. At
the present juncture it is not necessary to increase the taxes. It is attainable through an
improvement in the efficiency of our tax collection machinery, a revamp of the existing
tax system and rev-enue structure, and a coordinated effort on the part of both the
Legislative and the Executive branches in formulat-ing and implementing an equitable
tax system. Toward this end, my recommendation for the establishment of a Joint
LegislativeExecutive Tax Commission was approved by the Congress. I urge you to
consider carefully the recommenda-tions which this Tax Commission will submit within
ten days from today.
However, because of budgetary limitations, the Govern-ment has had to fall back upon
private institutions to supplement its educational efforts. To maintain the highest
standards possible in these schools, an increase in the super-visory force would be
desirable.
The teaching of science and mathematics as well as the improvement of the vocational
curricula received greater impetus during the year. Radio broadcasts through a dona-
tion of 500 transistor radios from the Australian Government were started this year. The
production of foodstuffs, as well as the promotion of home industries, has been pushed
with greater vigor.
The creation of the National Science Development Board has given fresh impetus to the
promotion of science and technology. Its research activities are geared to economic
development and national health. For the first time all the research projects for the
control of the dreaded kadang-kadang of coconuts have been consolidated in a
Research Committee under the Board.
National Defense
Aside from pursuing its primary mission, the Department of National Defense has
supplemented the rural develop-ment program of the Administration. In this connection,
I wish to inform you that plans for the implementation of the Armed Forces commission
under the law to engage in public construction, food production, land resettlement, and
rural development in addition to its inherent duties have been completed. In fact, several
projects are already being actually undertaken.
Our Armed Forces, I am proud to say, has done well in the maintenance of peace and
order and the enforcement try’s defense structure. We have every reason to be proud of
the laws. It was the principal arm of the Commission on Elections that conducted in
1959 free, peaceful, and honest national elections. Its civilian chiefs and its general staff
have accomplished much in the way of improving the count of its officers and men. They
will continue to be an in-valuable asset to the life of the nation.
Public Works
Under the retrenchment policy, the Government has confined itself to the construction
and improvement of only essential public improvements which are supportive and
promotive of agro-industrial development. Nevertheless, during the calendar year 1959
the Government undertook the construction of irrigation and water supply systems, flood
control and shore protection works, airfields and airports, ports and harbors, and roads
and bridges for which we invested One Hundred Sixty-Nine million pesos (P169 million).
Worthy of note is the completion of national and communal irrigation systems and the
installation of irriga-tion pumps, all of which can now irrigate about 45,000 additional
hectares of agricultural land. The year 1959 also saw the virtual completion of the
construction of 768 kilometers of development highways in Mindanao.
I invite the attention of Congress to the emerging need of legislation directed towards
the multi-phase utilization and ex-ploitation of the abundant water resources of the
country not only for power, but also for water supply, flood control and irrigation. In this
way we can maximize the benefits for lowest cost.
In the case of other public works financed with dollar loans being extended both by the
U.S. Export-Import Bank and the Development Loan Fund for transportation projects—
air, land, and water—committed under the Eisenhower-Garcia communique on the
occasion of my last state visit to the United States, legislative measures are necessary
to make available sufficient peso support for projects already submitted to, or approved
by, these lending institutions.
Health
The health of the nation has been maintained at a satis-factory level. The birth rate has
shown a considerable increase whereas the death rate has decreased. Mortality rates
from the ten leading causes of death have been re-duced. All of these facts indicate an
improvement in the cleanliness and sanitation of our communities.
The policy of improving the rural health centers is being pursued without letup. To
supplement the services which have been made available to the rural areas, the help
ofprivate persons and firms has been enlisted. Efforts are being exerted to expand
hospital services in the rural areas.
Labor
The social security coverage for the workers continues to expand under the Social
Security System for the private sector and under the Government Service Insurance
System for the government sector. Three and a half million Filipinos are now enjoying
the protection and benefits of our social security systems.
These measures to improve the security of the working-man are eloquent proofs of our
administration’s deep con-cern with the lot of the workers. But it is my considered view
that Congress should do more for them. It should under-take a serious study of how to
facilitate laborers to participate as shareholders in the firm where they work. This
system will give the workers a sense of belonging and a deeper sense of race between
rise in production cost and rise in prices and thus enable our export products to
compete in the world market. I commend this suggestion to your serious consideration
for the sake of the millions of our less fortunate brothers who furnish the sinews of
industry.
Civil Service
The Civil Service Act enacted during the last session of Congress has not been fully
implemented by the promulga-tion of necessary rules and regulations. The law has
some provisions which are so vague and uncertain that they give rise to conflicting
interpretations.
For instance, there was a question with respect to the power of the president to declare
positions in the civil service as policy determining, primarily confidential, and highly
technical. This necessitated an opinion from the Secretary of Justice, who ruled that
such power could not be wrested from the President and given to any other party. The
implementation of the law itself has had to be deferred because of practical
considerations. For instance, the crea-tion of a Civil Service Appeal Court of three
members to dispose of some 300 appealed cases a year with a salary of P10,000 each
a year is considered premature. It is clear in the light of these facts that Congress
should take the opportunity of restudying the Civil Service Act during the present regular
session.
TOURISM
The jet age has come and the influx of tourists in our country is bound to come if we can
provide for them modern tourist facilities. It is therefore urgent that we develop as fast
as possible the tourist industry which bids fair to become an important source of dollar
income as it did in many countries. The need for promotional and publicity services
abroad, the improvement of hotel and transportation services, the modernization of our
airports for jet planes, and the preservation and development of our numerous tourist
attraction spots—all these require a sizeable outlay which I ask Congress to provide.
This investment will surely give us returns a thousand fold.
During the World Tourist Conference I announced my plan to proclaim 1961 a “See the
Philippines—Visit the Orient Year” as an invitation to the world traveling public to visit
our country and see the rest of the Far East. This is also the year we will celebrate the
Jose Rizal Centennial anniversary for which Congress appropriated P10 million.
Thailand has since responded to our suggestion to join us in a coordinated move to
attract visitors to the Orient while other countries have indicated their readiness to take
simultaneous action.
GOVERNMENT CORPORATIONS
The government corporations made progress in 1959 in expanding the country’s
essential services and industries. In line with our decision to proceed immediately with
the establishment of an integrated steel plant in Iligan, initial groundwork of grading and
drainage has been undertaken by the NASSCO.
The establishment of an integrated steel mill will supply the missing link in our industrial
development. Private enterprise should undertake this project in joint venture with the
government. It is also necessary that sufficient leeway be allowed for the negotiation of
necessary credit for the project so that we may tap resources in the United States and
other countries.
The early development and exploitation of the Surigao laterite mineral reserves,
estimated to be worth more than P270 billion, should be given first priority of Congress
in 1960. The Act we approved for the development of these tremendous natural
resources did not produce the desired result. I therefore urge a reexamination of our
plan.
In marine transportation the NASSCO built and launched for the first time a 1600-ton
vessel. Of greater significance is the acquisition of 12 ocean-going vessels of about ten
thousand tonnage, to step up the carrying capacity of Philippine flag vessels from 3 to 7
per cent. We are ac-quiring through the Reparations Commission 15 other ships of
about the same tonnage.
The expansion of our railway lines to Cagayan and Sor-sogon has been started by the
conduct of preparatory bid-ding by the Manila Railroad Company. Last June the
Baliuag-Gapan section of the Cabanatuan line was com-pleted.
We have made equally satisfactory progress in electric power development. Two units of
the Binga project have been completed and the other two units will be installed by
March this year. The completion of two units at the Maria Cristina power system will be
undertaken with the steel project.
FOREIGN RELATIONS
Our accomplishments in the field of foreign relations in 1959 have raised the prestige of
the Philippine Republic before the eyes of the world. More and more, our voice is heard
with greater respect in international councils. We have evolved a foreign policy whose
cornerstones are the upholding of national honor and dignity and the promotion of a
world peace with justice and honor and freedom for all. We are of the Free World, and
as such we desire closer ties with all its members, particularly with the leader thereof
and our neighbors in Asia.
In pursuit of this policy I made a State visit to the Republic of Vietnam during 1959 and
cemented with that nation a most cordial relation. I expect to make a similar visit this
year to Malaya.
In the negotiations for the revision of the Military Bases Agreement with the United
States, the two governments in a common effort to enhance further their long-
established friendship reached the following points of accord:
3.Previous consultation with the Philippine Government on the military operational use
of the bases for purposes other than the mutual defense of both countries;
4.Previous consultation with the Philippine Government before I the United States could
put up missile launching sites in the Philippines; and
We are determined to pursue this course of action until all irritants in Philippine-
American relations shall have been re-moved.
Activation of the Philippine Omnibus Claims resulted in the actual payment to the
Philippines of $23 million for gold devaluation, favorable endorsement by the State
Department of $73 million for additional war damage payments, and adjustments in our
obligations under the Romulo-Snyder Agreement. Plans are being worked out and steps
have been taken for the reexamination of the claims rejected by the United States.
We have also reached agreement with Taipeh on the final liquidation of the ten-year-old
Chinese deportee problem.
We are exploring the possibilities of expanded trade with Australia, Germany, Israel,
New Zealand, Pakistan, South Korea, Spain, Taipeh, and Vietnam.
In the United Nations we have played an active role for the attainment of world peace
completely free from the nightmare of a nuclear war. We have co-sponsored the
resolution for the continuance of the 10-Power Disarmament Committee and the
reference thereto of new disarmament proposals by Soviet Russia and the Western
Powers.
We have concluded a Treaty of Friendship with Vietnam. We have also laid the
foundation jointly with the Malaya Government for the formation of a South East Asia
Associa-tion of States for mutual assistance.
We propose to continue with our reoriented foreign policies and; to this end, I urge
approval of the measures calculated to improve and strengthen our foreign service
corps.
Let me point out a few outstanding accomplishments of the PFFC assigned to Customs.
It busted the socalled hot car racket, it busted the Customs brokerage racket and the
Customs protection racket. It is well on the way of busting the dollar smuggling racket
and the overshipment racket. Among recent cases of corruption brought out,
investigated, and/or prosecuted mainly by the PCAPE are the salting away of dollars
abroad, ACCFA upgrading of tobacco, anomalies in the NAMARCO, Public Service
Commission, Motor Vehicles Office, traffic courts, BIR, and others.
The overall situation is such that no less than a total effort is necessary to reduce to the
minimum this social cancer.
OTHER RECOMMENDATIONS
I. CONSTITUTIONAL AMENDMENTS
Permit me gentlemen of congress, to reiterate my previous recommendations on the
amendments to our constitution. More than ever I am convinced of the urgency and
imperativeness of these constitutional reforms in response to the requirements of a
growing Philippine democracy. I therefore recommend strongly prompt adoption of the
fol-lowing amendments:
1).The synchronization of national and local elections every four years. Indeed we have
to halt this continuous procession of expensive election campaigns which detract from,
rather than add to, the stability of our democratic institutions.
2) The election of senators on the basis of specific senator-ial districts. Let the
conservative and stabilizing role of the Senate in our bicameral system be maintained
by ex-tending the terms of its members to eight years, one half, of whom shall be
elected, every quadrennial election.
4) The 30-day period within which time the President vetoes or approves a certain
bill should be counted from the date of the bill’s submittal to the President and not from
the date marking the adjournment of Congress;
5) In the event the annual appropriation act for an ensuing year is not approved, the
general appropriation act for the current fiscal year should be deemed continued in
force until such time as the new fiscal year’s budget is passed; and
6) Finally, the provision on the suspension of the writ of habeas corpus may be
reexamined to attune it more to the spirit of democracy.
II. REPARATIONS
My request made a year ago for the amendment of the Reparations Law is hereby
reiterated along the following lines:
be counted from the date of the bill’s submittal to the President and not from the date
marking the adjournment of Congress;
4) To amend in Section 2, Subsection (a), of the Reparations Act the clause ”entities
wholly owned by
Filipino citizens” to read “entities controlled by Filipino citizens.”
5) To clothe the legal officer of the Reparations Mission with specific powers and
responsibility, he being the officer of the Philippine Government who may sue and be
sued In court in reparations cases, and not the chief of the Reparations Mission.
IV.SWEEPSTAKES
We should expand the scope of the activities of the Philippine Charity Sweepstakes
Office so that its proceeds could be utilized to provide rural areas with artesian wells,
barrio waterworks, public toilets, and other sanitary and health facilities.
Related to our forest conservation concern is the proper exploitation and conservation of
our fishing and other marine resources. These have been mercilessly subjected to
dyna-mite devastation. Besides encouraging fish culture in our swamp lands, we should
encourage deep-sea fishing.
I hereby inform Congress that we received a commitment of a $3 million aid from the
technical assistance program of the United Nations for the development of the dairy
industry in this country. Let us take full advantage of this opportunity by providing peso
support financing not only for dairy but also for cattle raising. Such industries are
appropriate for rural areas which, combined with further development of our home and
cottage industries, will lift up the living conditions of the masses in the rural areas. I
request support for these industries, part of which may be taken from the proceeds of
reparations for the sake of 70 per cent of our population living in rural areas.
The capital gains tax has worked as a deterrent to expan-sion of investment. At this time
when we need every peso available to be invested in our economic development pro-
gram, this tax has become anachronistic. I therefore rec-ommend its abolition.
I urge immediate enactment of the bill now pending in the Senate on reformation
projects for the Manila port. The port of Manila, which is the port of entry and exit of
about 75 per cent of our imports and exports, must have modern port facilities to make it
the best in the Far East.
In this connection may I inform Congress that air trans-portation need be developed with
a capacity to connect our 7,000 islands. Our international airports must rise to the needs
of the jet age. We must encourage free competition among responsible air
transportation companies. Our asphalt roads should be gradually converted into
concrete roads. In the long run it is more economic that way. With the existence now of
cement factories we should be able to do this at minimum cost.
Nothing will satisfy our people less than a total war against corruption. I have full faith
that Congress will rise equal to the task demanded by the situation.
CONCLUSION
Gentlemen, in the past we achieved success not alone by the creative endeavor of the
nation but also by the help of Divine Providence. Now we have set new goals for our
people, but again, we cannot succeed alone. So we shall continue to seek and rely on
the guiding hand of Him who holds the destiny of men and nations in his hand. On His
mercy and His strength we rely. And after fulfillment of our aspirations, we like Moses
after the deliverance of his people from Egypt, shall sing in the fullness of joy:
“Dux fuisti in misericordia tua populo quem redemisti; et portasti eum in fortitudine tua,
ad habitaculum sanctum tuum.” (Exodus, 15-13). ”In thy mercy thou hast been a leader
to the people which thou hast redeemed; and in thy strength thou hast carried them to
thy holy habitation.”
I thank you.
CHAPTER 14
Martial Law: Challenge to Democracy
Learning Objectives:
At the end of this chapter, students should be able to :
1.Discuss the important events leading to the martial law
2.Explain the Martial Law proclamation of Ferdinand Marcos
WHEREAS, these lawless elements, acting in concert through seemingly innocent and
harmless, although actually destructive, front organizations which have been infiltrated
or deliberately formed by them, have continuously and systematically strengthened and
broadened their memberships through sustained and careful recruiting and enlistment
of new adherents from among our peasantry, laborers, professionals, intellectuals,
students, and mass media personnel, and through such sustained are careful
recruitment and enlistment have succeeded in spreading and expanding, their control
and influence over almost every segment and level of our society throughout the land in
their ceaseless effort to erode and weaken the political, social, economic, legal and
moral foundations of our existing government, and to influence, manipulate and move
peasant, labor, student and terroristic organizations under their influence or control to
commit, as in fact they have committed and still are committing, acts of violence,
depredations, sabotage and injuries against our duly constituted authorities, against the
members of our law enforcement agencies, and worst of all, against the peaceful
members of our society;
WHEREAS, in the fanatical pursuit of their conspiracy and widespread acts of violence,
depredations, sabotage and injuries against our people, and in order to provide the
essential instrument to direct and carry out their criminal design and unlawful activities,
and to achieve their ultimate sinister objectives, these lawless elements have in fact
organized, established and are now maintaining a Central Committee, composed of
young and dedicated, radial students and intellectuals, which is charged with guiding
and directing the armed struggle and propaganda assaults against our duly constituted
government, and this Central Committee is now imposing its will and asserting its sham
authority on certain segments of our population, especially in the rural areas, through
varied means of subterfuge, deceit, coercion, threats, intimidations, machinations,
treachery, violence and other modes of terror, and has been and is illegally exacting
financial and other forms of tributes from our people to raise funds and material
resources to support its insurrectionary and propaganda activities against our duly
constituted government and against our peace-loving people ;
WHEREAS, in order to carry out, as in fact they have carried out, their premeditated
plan to stage, undertake and wage a full scale armed insurrection and rebellion in this
country, these lawless elements have organized, established and are now maintaining a
well trained, well armed and highly indoctrinated and greatly expanded insurrectionary
force, popularly known as the “New People’s Army”, which has since vigorously pursued
and still is vigorously pursuing a relentless and ruthless armed struggle against our duly
constituted government and whose unmitigated forays, raids, ambuscades, assaults,
and reign of terror and acts of lawlessness in the rural areas and in our urban centers
brought about the treacherous and coldblooded assassination of innocent civilians,
military personnel of the government and local public officials in many parts of the
country, notably in the Cagayan Valley, in Central Luzon, in the Southern Tagalog
Region, in the Bicol Area, in the Visayas and in Mindanao, and whose daring and
wanton guerrilla activities have generated and sown fear and panic among our people;
have created a climate of chaos and disorder, produced a state of political, social,
psychological and economic instability in our land, and have inflicted great suffering and
irreparable injury to persons and property in our society”;
WHEREAS, the Supreme Court in the cases brought before it, docketed as G.R. Nos. L-
33964, L-33965, L33973, L-33982, L-34004, L-34013, L-34039, L-34265, and L-34339,
as a con- sequence of the suspension of the privilege of the writ of habeas corpus by
me as President of the Philippines in my Proclamation No.889, dated August 21, 1971,
as amended, has found that in truth and in fact there exists an actual insurrection and
rebellion in the country by a sizeable group of men who have publicly risen in arms to
overthrow the government. Here is what the Supreme Court said in its decision
promulgated on December 11, 1971:
“The fifties saw a comparative lull in Communist acti- vities, insofar as peace and
order were concerned. Still, on June 20, 1957, Republic Act No.1700, otherwise known
as the Anti-Subversion Act, was approved, upon the grounds stated in the very
preamble of said statute -that
” x x x the Communist Party of the Philippines, although purportedly apolitical party, is
in fact an organized conspiracy to overthrow the Government of the Republic of the
Philippines, not only by force and violence but also by deceit, subversion and other
illegal means, for the purpose of establishing in the Philippines a totalitarian regime
subject to alien domination and control ;
“In the language of the Report on Central Luzon, submitted, on September 4, 1971,
by the Senate Ad Hoc Committee of Seven-copy of which Report was filed in these
cases by the petitioners herein-
“The years following 1963 saw the successive emergence in the country of several
mass organizations, notably the Lapiang Manggagawa (now the Socialist Party of the
Philippines) among the workers; the Malayang Samahan ng Mga Magsasaka
(MASAKA) among the peasantry; the Kabataang Makabayan (KM) among the
youth/students; and the Movement for the Advancement of Nationalism (MAN) among
the intellectuals/professionals, the PKP has exerted all-out effort to infiltrate, influence
and utilize these organizations in promoting its radical brand of nationalism.”
“Meanwhile, the Communist leaders in the Philippines had been split into two (2)
groups, one of which com- posed mainly of young radicals, constituting the Maoist
faction -reorganized the Communist Party of the Philip- pines early in 1969 and
established a New People’s Army. This faction adheres to the Maoist concept of the
‘Protracted People’s War’ or ‘War of National Liberation.’ Its ‘Programme for a People’s
Democratic Revolution’ states, inter alia:
“The Central task of any revolutionary movement is to seize political power. The
Communist Party of the Philippines assumes this task at a time that both the
international and national situations are favorable to taking the road of armed
revolution…’
“In the year 1969, the NPA had-according to the records of the Department of
National Defenseconducted raids, resorted to kidnappings and taken part in other
violent incidents numbering over 230, in which it inflicted 404 casualties, and, in turn,
suffered 243 losses. In 1970, its record of violent incidents was about the same, but the
NPA casualties more than doubled.
“At any rate, two (2) facts are undeniable: (a) all Communists, whether they belong to
the traditional group or to the Maoist faction, believe that force and violence are
indispensable to the attainment of their main and ultimate objective, and act in
accordance with such belief, although they disagree on the means to be used at a given
time and in a particular place; and (b) there is a New People’s Army, other, of course,
than the armed forces of the Republic and antagonistic thereto. Such New People’s
Army is per se proof of the existence of a rebellion, especially considering that its
establishment was announced publicly by the reorganized CPP. Such announcement is
in the nature of a public challenge to the duly constituted authorities and may be likened
to a declaration of war, sufficient to establish a war status or a condition of belligerency,
even before the actual commencement of hostilities.
“We entertain, therefore, no doubts about the existence of a sizeable group of men
who have publicly risen in arms to overthrow the government and have thus been and
still are engaged in rebellion against the Government of the Philippines.”
WHEREAS, it is evident that there is throughout the land a state of anarchy and
lawlessness, chaos and disorder, turmoil and destruction of a magnitude equivalent to
an actual war between the forces of our duly constituted government and the New
People’s Army and their satellite organizations because of the unmitigated forays, raids,
ambuscades, assaults, violence, murders, assassinations, acts of terror, deceits,
coercions, threats, intimidations, treachery, machinations, arsons, plunders and
depredations committed and being committed by the aforesaid lawless elements who
have pledged to the whole nation that they will not stop their dastardly effort and
scheme until and unless they have fully attained their primary and ultimate purpose of
forcibly seizing political and state power in this country by overthrowing our present duly
constituted government, by destroying our democratic way of life and our established
secular and religious institutions and beliefs, and by supplanting our existing political,
social, economic, legal and moral order with an entirely new one whose form of govern-
ment, whose notion of individual rights and family relations, and whose political, social,
economic and moral precepts are based on the Marxist-LeninistMaoist teachings and
beliefs ;
WHEREAS, the Supreme Court in its said decision concluded that the unlawful activities
of the aforesaid lawless elements actually pose a clear, present and grave danger to
public safety and the security of the nation and in support of that conclusion found that:
“Subsequent events xxx have also proven xxx the threat to public safety posed by the
New People’s Army. Indeed, it appears that, since August 21, 1971, it had in Northern
Luzon six (6) encounters and staged one (1) raid, in consequences OJ which seven (7)
soldiers lost their lives and two (2) other: were wounded, whereas the insurgents
suffered five (5) casualties; that on August 26, 1971, a well-armed group of NPA trained
by defector Lt. Victor Corpus, attacked the very command post of TF LAWIN in Isabela,
destroying two (2) helicopters and one (1) plane, and wounding one (1) soldier that the,
NPA had in Central Luzon a total of four (4) encounters, with two (2) killed and three .(3)
wounded on the side of the
Government, one (1) BSDU killed and three (3 KM-SDK leaders, an unidentified
dissident, and Commander Panchito, leader of the dissident group were killed; that on
August 26, 1971, there was an encounter in the barrio of San Pedro, Iriga City,
Camarines Sur, between the PC and the NPA, in which a PC and two (2) KM members
were killed, that the current disturbances in Cotabato and the Lanao provinces have
been rendered more complex by the involvement of the CPP /NPA, for, in mid-1971, a
KM group, headed by Jovencio Esparagoza, contacted the Higa-onan tribes, in their
settlement in Magsaysay, Misamis Oriental, and offered them books, pamphlets and
brochures of Mao Tse Tung, as well as conducted teach-ins in the reservation; that
Esparagoza
“It should, also, be noted that adherents of the CPP and its front organizations are,
according to intelligence findings, l definitely capable of preparing powerful explosives
out of locally available materials; that the bomb used in the Constitutional Convention
Hall was a ‘Claymore’ mine, a powerful explosive device used by the U.S. Army,
believed to have been one of many pilfered from the Subic Naval Base a few days
before; that the President had received intelligence information to the effect that there
was a JulyAugust Plan involving a wave of assassinations, kidnappings, terrorism and
mass destruction of property and that an extraordinary occurrence would signal the
beginning of said event; that the rather serious condition of peace and order in
Mindanao, particularly in Cotabato and Lanao, demanded the presence therein of forces
sufficient to cope with the situation; that a sizeable part of our armed forces discharges
other functions; and that the expansion of the CPP activities from Central Luzon to other
parts of the country, particularly Manila and its suburbs, the Cagayan Valley , Ifugao,
Zambales, Laguna, Quezon and the Bicol Region, required that the rest of our armed
forces be spread thin over a wide area.”
WHEREAS, in the unwavering prosecution of their revolutionary war against the Filipino
people and their duly constituted government, the aforesaid lawless elements have, in
the months of May, June and July, 1972, succeeded in bringing and introducing into the
country at Digoyo Point, Palanan, Isabela and at other undetermined points along the
Pacific coastline of Luzon, a substantial quantity of war material consisting of M-1.4
rifles estimated to be some 3,500 pieces, several dozens of 40 mm rocket launchers
which are said to be Chicom copies of a Russian prototype rocket launcher, large
quantities of 80 mm rockets and ammunitions, and other combat paraphernalia, of
which wa’r ma- terial some had been discovered and captured by government military
forces, and the bringing and introduction of such quantity and type of war material into
the country is a mute but eloquent proof of the sinister plan of the aforesaid lawless
elements to hasten the escalation of their present revolutionary war against the Filipino
people and their legitimate government ;
WHEREAS, in the execution of their overall revolutionary plan, the aforesaid lawless
elements have prepared and released to their various field commanders and Party
workers a document captioned “REGIONAL PROGRAM OF AC’TION 1972”, a copy of
which was captured by elements of the 116th and 119th Philippine Constabulary
Companies on June 18, 1972 at Barrio Taringsing, Cordon, Isabela, the text of which
reads as follows:
“The following Regional Program of Action for 1972 is pre- pared to be carried out as
part of the overall plan of the party to foment discontent and precipitate the tide of
nationwide mass revolution. The fascist Marcos and his reactionary members of
Congress is expected to prepare themselves for the 1973 hence:
“January -June:
“1. Intensify recruitment of new party members especially from the workers-farmers
class. Cadres are being trained in order to organize the different regional bureaus.
These bureaus must concentrate on mass action and organization to promote
advancement of the mass revolutionary movement. Reference is made to the “Borador
ng Programa sa Pagkilos at Ulat ng Panlipunang Pagsisiyasat” as approved by the
Central Committee.
“2. Recruit and train armed city partisans and urban guerrillas and organize them into
units under Party cadres and activists of mass organizations. These units must undergo
specialized training on explosives and demolition and other forms of sabotage.
“3. Intensify recruitment and training of new members for the New Peoples Army in
preparation for limited offensive in selected areas in the regions.
“4. Support a more aggressive program of agitation and propaganda against the
reactionary armed forces and against the Con Con.
“July -August:
“During this period the party expects the puppet Marcos government to allow increase
in bus rates thus aggravating further the plight of students, workers and the farmers.
“1. All Regional Party Committees must plan for a general strike movement. The
Regional Operational Commands must plan for armed support if the fascist armed
forces of Marcos will try to intimidate the oppressed Filipino masses.
“2. Conduct sabotage against schools, colleges and universities hiking tuition fees.
“3. Conduct sabotage and agitation against puppet judges and courts hearing cases
against top party leaders.
“4. Create regional chaos and disorder to dramatize the inability of the fascist Marcos
government to keep and maintain peace and order thru:
“a) Robbery and hold-up of banks controlled by American imperialists and those
belonging to the enemies of the people.
“September-October :
“1. Intensify sabotage and bombing of government buildings and embassies and
other utilities:
“a) Congress
“e) US Embassy
“i) PLDT
“3. Assassinate high government officials of Congress, Judiciary, Con Con and private
individuals sympathetic to puppet Marcos.
“4. Establish provincial revolutionary government in towns and cities with the support
of the masses.
“5. With the sympathetic support of our allies, establish provisional provincial
revolutionary governments. “CENTRAL COMMITTEE
COMMUNIST PARTY OF THE
PHILIPPINES”
WHEREAS, in line with their “REGIONAL PROGRAM OF ACTION 1972”, the aforesaid
lawless elements have of late been conducting intensified acts of violence and
terrorisms during the current year in the Greater Manila area such as the bombing of the
Arca building at Taft Avenue, Pasay City, on March 15; of the Filipinas Orient Airways
board room at Domestic Road, Pasay City on April 23; of the Vietnamese Embassy on
May 30; of the Court of Industrial Relations on June 23; of the Philippine Trust Company
branch office in Cubao, Quezon City on June 24; of the Philamlife building at United
Nations Avenue, Manila, on July 3; of the Tabacalera Cigar & Cigarette Factory
Compound at Marquez de Comilas, Manila on July 27; of the PLDT exchange office at
East Avenue, Quezon City, and of the Philippine Sugar Institute building at North
Avenue, Diliman, Quezon City, both on August 15; of the Department of Social Welfare
building at San Rafael Street, Sampaloc, Manila, on August 17; of a water main on
Aurora Boulevard and Madison Avenue, Quezon City on August 19; of the Philamlife
building again on August 30; this time causing severe destruction on the Far East Bank
and Trust Company building nearby; of the armored car and building of the Philippine
Banking Corporation as well as the buildings of the Investment Development Inc, and
the Daily Star Publications when an-other explosion took place on Railroad Street, Port
Area, Manila also on August 30; of Joe’s Department Store on Carriedo Street, Quiapo,
Manila, on September 5, causing death to one woman and injuries to some 38
individuals; and of the City Hall of Manila on September 8; of the watermains in San
Juan, Rizal on Sept, 12, of the San Miguel building on Makati, Rizal on Sept, 14; and of
the Quezon City Hall on September 18, 1972, as well as the at- tempted bombing of the
Congress Building on July 18, when an unexploded bomb was found in the Senate
Publication Division and the attempted bombing of the Department of Foreign Affairs on
August 30,
WHEREAS, in line with the same “REGIONAL PROGRAM OF ACTION 1972”, the
aforesaid lawless elements have also fielded in the Greater Manila area several of their
“Sparrow Units” or “Simbad Units” to undertake liquidation missions against ranking
government officials, military personnel and prominent citizens and to further heighten
the destructions and depredations already inflicted by them upon our innocent people,
all of which are being deliberately done to sow terror, fear and chaos amongst our
population and to make the government look so helpless and incapable of protecting the
lives and property of our people;
WHEREAS, in addition to the above-described social disorder, there is also the equally
serious disorder in
Mindanao and Sulu resulting from the unsettled conflict between certain elements of the
Christian and Muslim population of Mindanao and Sulu, between the Christian “Ilagas”
and the Muslim “Barracudas”, and between our government troops, and certain lawless
organizations such as the Mindanao Independence Movement;
WHEREAS, the Mindanao Independence Movement with the active material and
financial assistance of foreign political and economic interests, is engaged in an open
and unconcealed attempt to establish by violence and force a separate and
independent political state out of the islands of Mindanao and Sulu which are
historically, politically and by law parts of the territories and within the jurisdiction and
sovereignty of the Republic of the Philippines;
WHEREAS, because of the aforesaid disorder resulting from armed clashes, killings,
massacres, arsons, rapes, pillages, destruction of whole villages and towns and the
inevitable cessation of agricultural and industrial operations, all of which have been
brought about by the violence inflicted by the Christians, the Muslims, the “Ilagas”, the
“Barracudas”, and the Mindanao Independence Movement against each other and
against our government troops, a great many parts of the islands of Mindanao and Sulu
are virtually now in a state of actual war;
WHEREAS, the violent disorder in Mindanao and Sulu has todate resulted in the killing
of over 1,000 civilians and about 2,000 armed Muslims and Christians, not to mention
the more than five hundred thousand of injured, displaced and homeless persons as
well as the great number of casualties among our government troops, and the
paralyzation of the economy of Mindanao and Sulu;
WHEREAS, I have already utilized the first two courses of action, first, by calling upon
the armed forces to suppress the aforesaid lawless violence, committing to that specific
job almost 50% of the entire armed forces of the country and creating several task
forces for that purpose such as Task Force Saranay, Task Force Palanan, Task Force
Isarog, Task Force Pagkakaisa and Task Force Lancaf, and, second, by suspending the
privilege of the writ of habeas corpus on August 21, 1971 up to January 11, 1972, but
inspite of all that, both courses of action were found inadequate and ineffective to
contain, much less solve, the present rebellion and lawlessness in the country as shown
by the fact that :
1. That radical left has increased the number and area of operation of its front
organizations and has intensified the recruitment and training of new adherents in the
urban and rural areas especially from among the youth;
2. The Kabataang Makabayan (KM) , the most militant and outspoken front
organization of the radical left, has in- creased the number of its chapters from 200 as
of the end of 1970 to 317 as of July 31, 1972 and its membership from 10,000 as of the
end of 1970 to 15,000 as of the end of July , 1972, showing very clearly the rapid
growth of the Communist movement in this country;
4. The New People’s Army, the most active and the most violent and ruthless
military arm of the radical left, has increased its total strength from an estimated 6,500
(composed of 560 regulars, 1,500 combat support and 4,400 service support) as of
January 1, 1972 to about 7,900 (composed of 1,028 regulars, 1,800 combat support
and 5,025 service support) as of July 31, 1972, showing a marked increase in its
regular troops of over 100% in such a short period of six months;
5. The establishment of sanctuaries for the insurgents in Isabela, in Zambales, in
Camarines Sur, and in some parts of Mindanao, a development heretofore unknown in
our campaign against subversion and insurgency in this country;
6. The disappearance and dropping out of school of some 3,000 high school and
college students and who are report- ed to have joined with the insurgents for training in
the handling of firearms and explosives ;
7. The bringing and introduction into the country of substantial war material
consisting of military hardware and sup- plies through the MV Karagatan at Digoyo
Point, Palanan, lsabela, and the fact that many of these military hardware and supplies
are now in the hands of the insurgents and are being used against our government
troops;
8. The infiltration and control of the media by persons who are sympathetic to the
insurgents and the consequent intensification of their propaganda assault against the
government and the military establishment of the government;
WHEREAS, the rebellion and armed action undertaken by these lawless elements of
the communist and other armed aggrupations organized to overthrow the Republic of
the Philippines by armed violence and force have assumed the magnitude of an actual
state of war against our people and the Republic of the Philippines;
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the
Philippines to be affixed.
Done in the City of Manila, this 21st day of September, in the year of Our Lord, nineteen
hundred and seventy two.
(Sgd.) FERDINAND E. MARCOS
President
By the President:
(Sgd.) ROBERTO V. REYES
Acting Executive Secretary
WHEREAS, martial law has been declared under Proclamation No. 1081, dated
September 21, 1972 and is now in effect throughout the land;
WHEREAS, martial law has been declared because of wanton destruction of lives and
property, widespread lawlessness and anarchy, chaos and disorder now prevailing
throughout the country, which condition has been brought about by groups of men who
are actively engaged in a conspiracy to seize political and state power in the Philippines
in order to take over the Government by force and violence the extent of which has now
assumed the proportion of an actual war against our people and their legitimate
Government; and
Done in the City of Manila, this 22nd day of September in the year of our Lord, nineteen
hundred and seventy-two.
WHEREAS, Proclamation No. 1081 dated September 21, 1972, was issued by me
because of a grave national emergency now prevailing throughout the country which
has been brought about by the activities of groups of men now actively engaged in a
criminal conspiracy to seize political power and state power in the Philippines in order to
take over the Government by force and violence, the extent of which has new assumed
the proportion of an actual war against our people and their legitimate Government; and
WHEREAS, in order to restore the tranquility and stability of the nation in the quickest
possible manner, it is necessary to prohibit the inhabitants of the country from doing
certain acts or undertaking certain activities such as rallies, demonstrations, picketing or
strikes in certain vital industries, and other forms of group actions which would cause
hysteria or panic among the populace, or would incense the people against their
legitimate Government, or would generate sympathy for the radical and lawless
elements, or would aggravate the already critical political and social turmoil now
prevailing throughout the land;
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated
September 21, 1972 do hereby order that henceforth and until otherwise ordered by me
or by my duly designated representative, all rallies, demonstrations and other forms of
group actions by person within the geographical limits of the Philippines, including
strikes and picketing in vital industries such as in companies engaged in the
manufacture or processing as well as in the distribution of fuel gas, gasoline, and fuel or
lubricating oil, in companies engaged in the production or processing of essential
commodities or products for exports, and in companies engaged in banking of any kind,
as well as in hospitals and in schools and colleges, are strictly prohibited and any
person violating this order shall forthwith be arrested and taken into custody and held for
the duration of the national emergency or until he or she is otherwise ordered released
by me or by my duly designated representative.
Done in the City of Manila, this 22nd day of September, in the year of our Lord, nineteen
hundred and seventy-two.
Chapter 15
People Power Revolution
Learning Objectives:
At the end of this chapter, the students should be able to:
1. Identify the factors that contributed to the fragmentation and eventual demise of the
Marcos administration
2. Analyze some events and documents during the 1986 People power Revolution by
using primary sources
The 1986 Philippine Presidential Election, or more popularly known as The Snap
Elections, were held on 7 February 1986. This is subject to debate as there are many
discrepancies on the number of votes and the winner of the elections. The two main
candidates, Corazon C. Aquino and Ferdinand E. Marcos, representing the PDP-Laban
party and the KBL party respectively both won the election due to different counting by
NAMFREL and the COMELEC. It is believed that Marcos committed fraud in the tallying
of votes. Following this, both the United States of America and the Church gave
statements supporting Aquino's accession as President. This event is known to be the
catalyst for the end of Martial Law and the Marcos Regime as it brought about the
People Power Revolution
Background
The assassination of Senator Benigno "Ninoy" Aquino Jr. on August 21, 1983 revived
the oppositionist press, and not far behind it did the pro-Marcos or so called crony press
retaliate. Both catered to the intense news-hunger of the Filipino people, but it was a
smaller group of reporters who delivered the crucial blow to President Ferdinand E.
Marcos' image, with rumors circulating about Marcos' hidden wealth and war record. An
example of this would be the article written by Eduardo Lachica in December 1982. It
stirred interest after being published in The Asian Wall Street Journal on the alleged
Marcos property holdings in New York.
By late January 1985, the pursuit for the truth behind the rumors began with Lewis M.
Simons, a Tokyo-based correspondent for the San Jose Mercury News, who sent a
memo to his desk editor,
Jonathan Krim. There have been incessant speculations of Philippine "capital flight" that
not only involved Ferdinand and Imelda Marcos themselves, but also government
officials and friends of the first family.
Simons provided Krim with a list of names, telling him to look into Philippine investments
in the San Francisco Bay area. Krim handed over several clips (including Lachica's
article) and miscellaneous letters from the Filipino exile community to the investigative
reporter Pete Carey attached with a note, "Look into this." Carey began his paper trail
after setting up his personal computer and a telephone modem as well as using real-
estate data bases to acquire both California and out-of-state records. Another method
he used in tracking the story were his interviews with the members of the Filipino exiled
opposition who were divided between those who were resolute in helping him and those
who deemed themselves apolitical, fearing reprisals if they spoke. In an interview, Carey
says, "I kept telling them, 'I'm not interested in quoting people, I'm not going to use
yours or any names. I'm interested in documentary evidence,' That convinced people...."
Due to budgetary concerns, He continued his trail by exploring records in New York and
Chicago through telephone. At a later date, Katherine Ellison from the San Francisco
Bureau, who Carey dubs as another "great investigative reporter," joined the group as
they conducted interviews and convinced reluctant locals to provide essential
information.
On June 23–25, 1985, the Mercury News series under the by-lines of Carey, Ellison,
and Simons elicited a staggering response after revealing a list of names, showing how
the Filipino elite had illegally invested millions in the U.S., why real estate conditions
made California a prime investment territory, and how capital flight fueled Philippine
insurgency. Meanwhile local publications in the Philippines such as Malaya, Veritas,
Business Day, and Mr. and Mrs. all reprinted the series. There were protests on the
streets, attempts by the National Assembly's opposition minority to file an impeachment
hearing (which was quickly annulled) while President Marcos was forced to order an
impartial inquiry (though it lasted briefly).
The international clamor surprised the three Mercury News investigators with Carey
commenting, "There's a vast difference between simple allegations and something with
a factual, documentary basis," he says. "It provokes a totally different psychological
reaction in the readers. Gossip stirs their apathy; facts galvanize them to action."
After the successful publication of the series, newer articles were produced by the
Mercury News team, among other things, such as how the Manila elitists smuggled
fortunes, in the form of American currency, out of the country. More reporters from The
Washington Post, The Wall Street Journal, and The New York Times developed other
angles as well. The most significant were those uncovered by Times' Jeff Gerth, who
wrote on the misuse of American aid money by the Marcos' administration. Although
President Marcos continued to deny these allegations, it did little to avert the
consequences. His support in the congress quickly dissipated while news of his misrule
endangered U.S. military interests. Though revelations of Marcos' hidden wealth
disparaged him in America, in the Philippines, it was the truth of his war records that did
him in. During a campaign in Manila's Tondo district, Marcos retorted:
I don't know where they got such foolishness. You who are here in Tondo and fought
under me and who were part of my guerrilla organization, you will be the ones to answer
these people, these crazy individuals, especially the foreign press who keep asking all
these questions.
The story was researched by a Yale-trained historian, Alfred McCoy, who had been at
work on a book about the Philippines during World War II when he was sidetracked by
the questionable information concerning Marcos' wartime service. In the summer of
1985, official army documents were taken from the
National Archives in Washington and albeit declassified, these were never released
publicly. McCoy later told the reporters that he was "stunned," since the documents
proved that most of the Philippine President's war record— a series of exploits against
the Japanese that Marcos used to advance in postwar national politics —was
fraudulent. He shared his findings to American reporters who provided verification and
later, published their own stories. McCoy further arranged for the news to be published
in Veritas on January 24, 1986, where the Philippine election campaign moved towards
its end, considering the act to be a fine sense of political timing.
The communist insurgency in the Philippines has become a major challenge to the
Philippine government. It has grown in recent years against the background of a serious
decline in popular confidence in the leadership of the authoritarian administration of
President Ferdinand Marcos— a trend worsened by developments following the
assassination of political opposition leader Benigno Aquino in August 1983 — and the
substantial real drop in popular living standards due to deteriorating Philippine economic
conditions. The communists are now able to field increasing numbers of political
operatives and armed insurgents in all parts of the country, while the Philippine
government has been unable to implement a sufficiently effective counterinsurgency
program.
Mainly coming from the U.S. and from a host of cause-oriented groups, the demand for
reforms in the Marcos administration were the most prominent developments in 1985.
Pressures for government rectification fell into these three areas:
President Marcos, who continued his role as a guileful politician, has firmly resisted
instituting genuine reforms in his attempt to circumvent the Americans and the
opposition. In general, reforms have bordered on what critics call "cosmetic"
settlements. President Marcos maintained using his authoritarian powers while his
cronies monopolized key agricultural sectors.
Organizing the 1986 Philippine Elections
Ten petitions were filed before Supreme Court that questioned the constitutionality of the
1986 snap elections or the Batas Pambansa Blg. 883. The petitioners argued that the
BP 883 violates Article VII Sec. 9 of the constitution, which specifies that the holding of
emergency elections "in case of permanent disability, death, removal from office, or
resignation of the President." However, elements of the opposition argued that the
president's post-dated resignation last November 11, 1985 did not create a real vacancy
in the presidency and was merely a deception. The petitioners' case was rejected by a
7-5 vote in the Supreme Court. Marcos would remain president throughout the election,
which was an action that seemed to be in conflict with the constitution at the time.
Marcos declared the early elections since he believed that this would solidify the support
of United States, silence the protests and criticisms both in the Philippines and the
United States, and finally put the issues regarding the death of Benigno Aquino Jr. to
rest.
The opposition saw two problems regarding the announcement of Marcos. First is the
credibility of the announcement since at the time two-thirds of the national assembly
were from KBL, which means that they could decide not to push through with the Snap
Elections. This would then give Marcos an image that he was willing to entertain
opposers, which would then contribute to his popularity. Second problem is that the
opposition was yet to choose a single presidential candidate to who had a chance to
win. This posed a problem for them since the opposition were yet to be united,
supporting only one presidential candidate.
For the opposition, they were torn between the widow of Benigno Aquino Jr., Corazon
"Cory" Aquino, and Doy Laurel, son of President Jose P. Laurel. Cardinal Jaime Sin
talked to both the potential candidates. Cory was hesitant to run since she believed that
she was not the best and most able choice. She also feared the loss of privacy once
she enters the political arena. Cory agreed to run if there was a petition campaign with
at least a million signatures supporting her as a presidential candidate. Doy on the other
hand, was earnest in running as president since he believed his family background,
training, and experience have prepared him for the presidency. After talks, Doy Laurel
decided to run as Cory Aquino's running mate.
On 3 December 1985, the Batasang Pambansa passed a law setting the date of the
election on 7 February
1986. Marcos chose Arturo Tolentino as his running mate. Marcos' conditions for his
running mate was that "He should never disagree with the president."
Campaign
The campaign period started from December 19, 1985 to February 5, 1986. A total of
forty-five (45) days
During the campaign period, Cory Aquino promised to run a government that would be
the exact opposite of the Marcos administration at that time. The battle-cry, “ Tama na!
Sobra na! Palitan na!” loosely translated, “ Enough is enough! Time for a change in
leadership!” and wearing any article of clothing that was yellow were the statements of
the support of the UNIDO party. The Aquino-Laurel campaign was believed to center
around the principle of morality in leadership.
The campaign of Corazon Aquino and Salvador Laurel had numerous help from the
church. One of them would be Archbishop Jaime Cardinal Sin who issued a pastoral
letter on the snap elections urging the people to not fall for vote buying during the
elections on 19 December 1985. On 28 December 1985, Cardinal Sin made a tract,
“Guidelines on Christian Conduct During Elections,” which had a part that said:
"Do not sell your vote. The acceptance of money to vote for a candidate (a practice we
do not encourage) does not bind you to vote for that candidate. No one is 'obliged to
fulfill an evil contact.'"
Eventually, Cardinal Sin reiterated on 19 January 1986 his second pastoral letter on the
snap elections, “A Call to Conscience.” This second letter provided significant amount of
information about the statement issued by the Catholic Bishops Conference of the
Philippines on 25 January 1986, “We Must Obey God Rather Than Men.”
On 5 February, the last day of the campaign period, Jaime Cardinal Sin revealed that he
has supported Cory as her partisan as he endorsed Cory that she , “will also make a
good president.”
In the other hand, Ferdinand Marcos displayed the idea of a “macho” president by
ridiculing not only Cory saying how she is just a woman and a “know-nothing” (Walang
alam ‘yan!) but also including in his campaign speeches how Filipino women's proper
place would be in the bedroom. The Marcos-Tolentino campaign was believed to mainly
center around “issues of communism and competence.”
As the election campaign continued, Marcos was able to campaign in selected key cities
while Aquino was able to campaign intensively and extensively, even going to remote
places from the north of the Philippines to the south of the Philippines. The Aquino
campaign concluded a rally that is believed to have 800 000
participants wearing yellow in Rizal Park and Roxas Boulevard forming a “sea
of yellow.” Results
About 85,000 precincts opened at seven o’clock in the morning of Election Day. Each
precincts was administered by a Board of Election Inspectors (BEI), wherein they were
tasked to overlook the manner of voting. However, the BEI did not continuously abide by
the stipulated voting procedure, which raised the impression of fraud.
Voting period were also scheduled to close at three o’clock in the afternoon but was
extended to give way for people who were in line. Counting of the ballots followed and
most precincts was able to finish by six o’clock in the evening.
Results showed that a huge number of eligible electorates did not vote. Out of the 26
million registered voters, only 20 million ballots were cast. This showed a decreased
percentage of voters from the 1984 election, which had 89% of registered voters casted
their ballot, to around 76% during the snap election.
President
COMELEC NAMFREL
Vice President
COMELEC NAMFREL
Aftermath
The final results of the February 7, 1986 Snap Elections led to the popular belief that the
polls were tampered and considered an electoral fraud. The following days consisted of
countless debates and actions as a sign of aversion to the result. Violence was at a
peak. Anyone who got in the way would get murdered even in broad daylight. But in the
end, as according to the International Observer Delegation, the "election of the February
7 was not conducted in a free and fair manner" due to the influence and power of the
administration of Ferdinand Marcos. The International Observer Delegation reaffirmed
that the proclamation of the victors of the leection were invalid because the Batasan
“ignored explicit provisions of the Philippine Electoral Code [Batas Pambansa Blg. 881]
requiring that the tampered or altered Election Returns be set aside during the final
counting process, despite protests by representatives of the opposition parts”. After
further investigation, a multinational team of observers cited cases of vote-buying,
intimidation, snatching of ballot boxes, tampered election returns and the
disenfranchisement of thousands of voters[15]
One day after the Snap Elections, Cory Aquino was taking the lead according to the
NAMFREL's tally but was short lived when Marcos' tally began leading. There were
countless of daily protests and street demonstrations fueled by the government's
counting of the tally and the site of Marcos winning the polls. On February 9, Linda
Kapunan led 30 computer technicians who were manning the COMELEC tabulation
machines to walk out of their job posts and join the protests who were accusing the
current administration with tampering results. They found safety in the Baclaran Churhc.
This was oe of the early “sparks” of the People Power Revolution.
Lina Kapunan was the wife of Lt. Col Eduardo Kapunan, a leader of Reform the Armed
Forces Movement which is an group that plotted to attack the Malacañang Palace and
kill Marcos and his family. There were suspicions that the walk out of the 30 computer
technicians may have been linked to the group of her husband.
After the snap elections, word of faulty elections broke out into the international setting.
That being said, prominent figures such as Reagan started to meddle in our government
by saying, “hard evidence” of fraud was lacking. Aware of the United State’s intentions
in insisting that elections were clean and peaceful, Corazon Aquino responded to
Reagan by asking if the country’s “friends abroad [can] set aside short sighted self
interest and stop supporting the failing dictator”. As the international reputation of the
Philippines continues to go down, the Philippine peso fell drastically to an “all-time low
of P20 to a dollar” as of February 2.
Corazon Aquino called for a “victory rally” to boycott “crony media, seven banks,
Rustan’s department store, and San Miguel Corporation. Large corporations that were
believed to be “partly or wholly owned by known Marcos cronies”. Due to the boycotts,
many of this large corporations lost sales. There was a significant rise in deposit
withdrawals in large and prominent banks made by even the clergy class. The value of
San Miguel shares dropped to P11.50 per share and P14.50 per share for A and B
shares respectively.
As of February 19, “The US Senate voted in favor of the fact that the declaration that the
snap election in the Philippines by widespread fraud”. It seems as if the tables have
turned and foreign groups such as the American bishops are no longer in favor of
Marcos but of the protest groups instead. Even Reagan, who at first urged Cory to plead
that he be on the right side of the situation, put the foreign aid for the Philippines in a
temporary suspension for as long as “Marcos remained in office”. Diplomats from
countries such as Austria, Switzerland, Ireland, Norway, Finland, Sweden, Japan,
Britain, Italy, Denmark and West Germany were all pressing for Cory’s seat in the
Malacañang.
Seeing the foreign parties turning their backs on him, “Marcos admitted he was nervous
about the decisions” on February 21. To top this off, prominent figures in the
government such as Juan Ponce Enrile, as the Defense Minister and Armed Forces
Vice-Chief of Staff General Fidel Ramos resigned from his posts. After their resignation,
they secluded themselves within the military and police headquarters of Camp
Aguinaldo and Camp Crame respectively, which led up ot the People Power Revolution
from February 22– 25 of February. The turn of the military against Marcos assured that
Marcos will not be used military threat to his people anymore. They also assured Aquino
that she will have the support of the military incase Marcos does not step down from his
position.
The snap elections and its aftermath are dramatized in the 1988 film A Dangerous Life.
On the resignation of Defense Minister Enrile and Deputy Chief of Staff Ramos, the
order to arrest members of Lt. Col. Honasan’s Reform the Armed Forces Movement, the
divide in the Armed Forces, and the possibility of a renewed proclamation of Martial Law
Ang Bayan Ko
Ang bayan kong Pilipinas
Lupain ng ginto't bulaklak
Pag-ibig na sa kanyang palad
Nag-alay ng ganda't dilag
(CHORUS)
Ibon mang may layang lumipad
Kulungin mo at umiiyak
Bayan pa kayang sakdal-dilag
Ang 'di magnasang makaalpas
(AD LIB)