Combined PDF File For Readings in Philippine History 1

Readings
in
Philippine History
Dr. Imelda C. Nery

Virgilio V. Dolina
Paul John G. Sion
First Edition
Readings
in
Philippine History
Dr. Imelda C. Nery

Virgilio V. Dolina
Paul John G. Sion
First Edition
Published & Distributed by:

JTCA Publishing
Unit 5 2nd Flr., Brickton Bldg.,
Bricktown St., cor. Multinational Village,
Moonwalk, Parañaque City
Tel. #: 260-0037
Email: [email protected]
Readings in Philippine History
Copyright 2019 ISBN 978-621-95942-4-0
Dr. Imelda C. Nery
Virgilio V. Dolina
Paul John G. Sion
ALL RIGHTS RESERVED

No portion of this book may be
replicated or reproduced, in any form
(books, pamphlets, outlines or notes)
or by any means (photocopied,
printed, electronic), for distribution or
sale, without the written permission of
the author and the publisher.
Published & Distributed by: JTCA Publishing

Unit 5 2nd Flr., Brickton Bldg.,
Bricktown St., cor. Multinational Village,
Moonwalk, Parañaque City
Tel. #: 260-0037
Email: [email protected]
ACKNOWLEDGEMENT
This book is because of Him and for His glory. Lord, thank you for
always providing!
We thank Atty. Anna Suzanne C. Nery and Mr. Eugene B. Cruz II

for the opportunity to serve the students through this book and for
inspiring us to go the extra miles.
Thanks to our families, colleagues, and friends! All your support

has inspired us to finish writing this novel work that is hoped to be
useful in the study of the subject.
We recognize the significant contributions of all the authors,

researchers, experts, scholars, and writers of the sources we have used
and cited in this work. We hope to eternalize your words and thoughts
in this book as your legacy.
To the students and readers of this book, we thank you for your
eagerness to learn from our work and we will appreciate your thoughts
about our humble endeavor. Let us not stop learning!
MARAMING SALAMAT PO!
Authors
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PREFACE
Readings in Philippine History is one of the eight core courses

under the new General Education Curriculum mandated by the
Commission on Higher Education. In this subject, students will not
only become readers of the sources of Philippine history but historians,
in a way that they have to examine, understand, analyze and
connect what they have read to the present society.
This book presents a number of primary sources which provides

several perspectives regarding a certain past event. It is important that
as students read these materials, they should also be able to examine
the authenticity and integrity of the sources. The first part of this book
discusses the methods used in the study to allow students to identify
the correct materials in the course of their learning experience.
Through this book, students are expected to understand the

selected readings on its context and content. Primary sources must be
understood as written based on interpretations of the authors with
different views, background, and in diverse situations. Hence, students
will have to contemplate and put themselves into the shoes of these
writers of history to see what they have seen or experienced in their
time. Understanding the content will require students to accept or
reject information, which are deemed irrational and without admissible
evidence.
The five chapters of this book are divided into specific lessons
that aim to guide students to analyze the primary sources of Philippine
History. The analysis of these materials is hoped to help students not
only to integrate the stories and waive a historical timeline of the events
that transpired, but to look into the lessons of these stories and apply
them in the current situation of our society.
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Table of Contents
CHAPTER 1 INTRODUCTION
Lesson 1.1 Meaning and Relevance of History ……………………...… 2
Lesson 1.2 Distinction of Primary and Secondary Sources ………… 10
Lesson 1.3 Internal and External Criticism ……………………………. 14
Lesson 1.4 Kinds and Repositories of Primary Sources …………….. 23
CHAPTER 2 CONTENT & CONTEXTUAL ANALYSIS

OF PRIMARY RESOURCES
Lesson 2.1 First Voyage Around the World by Magellan…..……...… 30
Lesson 2.2 Customs of Tagalogs ………………………………….……… 36
Lesson 2.3 Kartilya ng Katipunan …………….…………………………. 44
Lesson 2.4 Declaration of the Philippine Independence …………….. 47
CHAPTER 3 ONE PAST BUT MANY HISTORIES:

CONTROVERSIES AND CONFLICTING
VIEWS IN PHILIPPINE HISTORY
Lesson 3.1 Site of the First Mass ……………………………....……...… 55
Lesson 3.2 Cavite Mutiny ………….……………………………….……… 60
Lesson 3.3 Retraction of Rizal …...…………….…………………………. 64
Lesson 3.4 Cry of Balintawak ………………………………...………….. 68
CHAPTER 4 SOCIAL, POLITICAL, ECONOMIC &

CULTURAL ISSUES IN PHILIPPINE
HISTORY
Lesson 4.1 Agrarian Reform Law ……………………………....……...… 73
Lesson 4.2 The Philippine Constitution …..…………………….……… 112
Lesson 4.3 The Power of Taxation …...…………….……………………. 157
CHAPTER 5 CRITICAL EVALUATION and

PROMOTION OF LOCAL AND ORAL
HISTORY
Lesson 5.1 Philippine Festivals ……………………..………....……...… 175
Lesson 5.2 Philippine Cultural Performances ……...………….……… 179
Lesson 5.3 UNESCO World Heritage Sites in the Country …...……. 183
References 191
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Chapter 1
INTRODUCTION
LEARNING OBJECTIVES:
At the end of the lesson, the students should be
able to :
1. Make a distinction between primary and

secondary sources.
2. Differentiate external criticism from internal
criticism.
3. Discuss the repositories of primary sources.
4. Explain the different kinds of primary sources.
CHAPTER ONE: INTRODUCTION 1

LESSON 1.1
MEANING AND RELEVANCE
OF HISTORY
“What is history? An echo of the past in the future; a reflex from the future on the past.”
– Victor Hugo
Think of the first thing that comes to your mind when you hear the
word history.
Heroes, past events, and historic places are some ideas that you
might have. History is an interesting subject for some, but for a
number of students, they may find it boring or irrelevant in relation to
their chosen college degree, or even to their lives! Perhaps, one of the
reasons is, not knowing what history really means and not realizing its
relevance to one’s life and to a nation’s destiny as well.
As a discipline, Merriam-Webster (2018) defined history as “a

chronological record of significant events (such as those affecting a
nation or institution), often including an explanation of their causes.”
This definition merely pertains to the events that are significant to an
organization sequentially arranged to tell a coherent story of the past.
However, looking into the etymology of the word, ‘history’ was

derived from the Greek word ‘historia,’ which means ‘inquiry or
knowledge acquired by investigation.’ Hence, the subject is not just
about knowing which event comes first, but it requires readers to
examine every information coming from a source to justify the cause of
a certain event and to identify the reasons for the actions of the
personalities involved.
On the other hand, historiography refers to how, what, and why

history is written. It is about the methods and practices used in
producing history, the development of history as a discipline, or the
philosophy or significance of historical writing.
Encyclopedia Britannica (2017) shortly defines it as the writing of

history based on the critical examination of sources, the selection of
particular details from the authentic materials used in those sources,
and the synthesis of the details into a narrative that stands the test of
critical examination. The term historiography also refers to the theory
and history of historical writing.
2 READINGS IN PHILIPPINE HISTORY
In short, history is the study of past events and historiography is the
study of history.
Prehistory and History

In this study, it is important to distinguish what is prehistory,
history, and historiography. Prehistory refers to that period where
information of the past were recorded in materials other than written
documents, which may not be understood by a historian. These
include artifacts, drawings, paintings, sculptures and any other forms.
History covers information derived from largely written records of past
experiences.
The prehistory of the Philippines is said to cover the events until 21

April 900 (equivalent in the Proleptic Gregorian Calendar), the date
indicated on the Laguna Copperplate Inscription (LCI) – the earliest
written document known in the Philippines today.
The LCI is considered to be the first legal document recorded in

the Philippines. It is said to contain the release of the children of
Namwaran, the bearers, from their obligation. Below is the original
translation by Antoon Postma in 1991 of the Old Malay inscription in
year 822 of the Saka Era, the month of Waisaka, and the fourth day of
the waning moon, which corresponds to Monday, April 21, 900 AD:
Photo taken from https://en.wikipedia.org/wiki/Laguna_Copperplate_Inscription#/media/File:Laguna_Copperplate_Inscription.gif
1. Hail! In the Saka-year 822; the month of March-April; according to

the astronomer: the 4th day of the dark half of the moon; on
2. Monday. At that time, Lady Angkatan together with her relative,
Bukah by name,
3. the child of His Honor Namwran, was given, as a special favor, a
document of full acquittal, by the Chief and Commander of Tundun,
4. the former Leader of Pailah, Jayadewah. To the effect that His Honor
Namwran, through the Honorable Scribe
5. was totally cleared of a debt to the amount of 1 kati and 8 suwarna
(weight of gold), in the presence of His Honor the Leader of Puliran,
6. Kasumuran; His Honor the Leader of Pailah, namely: Ganasakti;
(and) His Honor the Leader
7. of Binwangan, namely: Bisruta. And (His Honor Namwran) with his
whole family, on orders by the Chief of Dewata,
8. representing the Chief of Mdang, because of his loyalty as a subject
(slave?) of the Chief, therefore all the descendants
9. of His Honor Namwran have been cleared of the whole debt that His
Honor owed the Chief of Dewata. This (document) is (issued) in case
10. there is someone, whosoever, some time in the future, who will state
that the debt is not yet acquitted of His Honor…
The LCI was very instrumental in identifying the demarcation line

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

Peter N. Stearns in 1998 has published an article with the
American Historical Association that enumerated the reasons why we
should study history. Here are some of his justifications why the subject
is worth our attention:
1. History helps us understand people and societies. In the first

place, history offers a storehouse of information about how people
and societies behave. Understanding the operations of people and
societies is difficult, though a number of disciplines make an
attempt. An exclusive reliance on current data would needlessly
handicap our efforts. How can we evaluate war if the nation is at
peace - unless we use historical materials? How can we
understand genius, the influence of technological innovation, or
the role that beliefs play in shaping family life, if we do not use
what we know about experiences in the past? Some social
scientists attempt to formulate laws or theories about human
behavior. But even these recourses depend on historical
information, except for in limited, often artificial cases in which
experiments can be devised to determine how people act. Major
aspects of a society's operation, like mass elections, missionary
activities, or military alliances, cannot be set up as precise
experiments. Consequently, history must serve, however
imperfectly, as our laboratory, and data from the past must serve
as our most vital evidence in the unavoidable quest to figure out
why our complex species behaves as it does in societal settings.
This, fundamentally, is why we cannot stay away from history: it
offers the only extensive evidential base for the contemplation and
analysis of how societies function, and people need to have some
sense of how societies function simply to run their own lives.
2. History helps us understand change and how the society we

live in came to be. The second reason history is inescapable as a
subject of serious study follows closely on the first. The past
causes the present, and so the future. Any time we try to know
why something happened, we have to look for factors that took
shape earlier. Sometimes fairly recent history will suffice to
explain a major development, but often we need to look further
back to identify the causes of change. Only through studying
history can we grasp how things change; only through history can
we begin to comprehend the factors that cause change; and only
through history can we understand what elements of an
institution or a society persist despite change.
3. History contributes to moral understanding. History also

provides a terrain for moral contemplation. Studying the stories of
individuals and situations in the past allows a student of history
to test his or her own moral sense, to hone it against some of the
real complexities individuals have faced in difficult settings.
People who have weathered adversity not just in some work of
fiction, but in real, historical circumstances can provide
inspiration. "History teaching by example" is one phrase that
describes this use of a study of the past - a study not only of
certifiable heroes, the great men and women of history who
successfully worked through moral dilemmas, but also of more
ordinary people who provide lessons in courage, diligence, or
constructive protest.
4. History provides identity. History also helps provide identity,

and this is unquestionably one of the reasons all modern nations
encourage its teaching in some form. Historical data include
evidence about how families, groups, institutions and whole
countries were formed and about how they have evolved while
retaining cohesion. For many [Filipinos], studying the history of
one's own family is the most obvious use of history, for it provides
facts about genealogy and (at a slightly more complex level) a
basis for understanding how the family has interacted with larger
historical change. Family identity is established and confirmed.

Many institutions, businesses, communities, and social units,
such as ethnic groups in the [Philippines], use history for similar
identity purposes. Merely defining the group in the present pales
against the possibility of forming an identity based on a rich past.
And of course nations use identity history as well—and sometimes
abuse it. Histories that tell the national story, emphasizing
distinctive features of the national experience, are meant to drive
home an understanding of national values and a commitment to
national loyalty.
6. Studying History Is Essential for Good Citizenship. A study of

history is essential for good citizenship. This is the most common
justification for the place of history in school curricula.
Sometimes advocates of citizenship history hope merely to
promote national identity and loyalty through a history spiced by
vivid stories and lessons in individual success and morality. But
the importance of history for citizenship goes beyond this narrow
goal and can even challenge it at some points.
History that lays the foundation for genuine citizenship returns,

in one sense, to the essential uses of the study of the past.
History provides data about the emergence of national
institutions, problems, and values—it's the only significant
storehouse of such data available. It offers evidence also about
how nations have interacted with other societies, providing
international and comparative perspectives essential for
responsible citizenship. Further, studying history helps us
understand how recent, current, and prospective changes that
affect the lives of citizens are emerging or may emerge and what
causes are involved. More important, studying history encourages
habits of mind that are vital for responsible public behavior,
whether as a national or community leader, an informed voter, a
petitioner, or a simple observer.
Moreover, Stern has identified a number of skills that a student may

develop in studying history. These include the following:
1. The ability to assess evidence. The study of history builds

experience in dealing with and assessing various kinds of
evidence—the sorts of evidence historians use in shaping the
most accurate pictures of the past that they can. Learning how to
interpret the statements of past political leaders—one kind of
evidence—helps form the capacity to distinguish between the
objective and the self-serving among statements made by
present-day political leaders. Learning how to combine different
kinds of evidence - public statements, private records, numerical
data, visual materials - develops the ability to make coherent
arguments based on a variety of data. This skill can also be
applied to information encountered in everyday life.
2. The ability to assess conflicting interpretations. Learning

history means gaining some skill in sorting through diverse, often
conflicting interpretations. Understanding how societies work -
the central goal of historical study—is inherently imprecise, and
the same certainly holds true for understanding what is going on
in the present day. Learning how to identify and evaluate
conflicting interpretations is an essential citizenship skill for
which history, as an often-contested laboratory of human
experience, provides training. This is one area in which the full
benefits of historical study sometimes clash with the narrower
uses of the past to construct identity. Experience in examining
past situations provides a constructively critical sense that can be
applied to partisan claims about the glories of national or group
identity. The study of history in no sense undermines loyalty or
commitment, but it does teach the need for assessing arguments,
and it provides opportunities to engage in debate and achieve
perspective.
3. Experience in assessing past examples of change. Experience

in assessing past examples of change is vital to understanding
change in society today - it is an essential skill in what we are
regularly told is our "ever-changing world." Analysis of change
means developing some capacity for determining the magnitude
and significance of change, for some changes are more
fundamental than others. Comparing particular changes to
relevant examples from the past helps students of history develop
this capacity. The ability to identify the continuities that always
accompany even the most dramatic changes also comes from
studying history, as does the skill to determine probable causes of
change. Learning history helps one figure out, for example, if one
main factor - such as a technological innovation or some
deliberate new policy - accounts for a change or whether, as is
more commonly the case, a number of factors combine to
generate the actual change that occurs.
Clearly, the reasons and skills that one may develop in studying history
is not only beneficial for students in schools but to everyone to be
equipped with the right knowledge and reasons for our every actions
and decisions to become good and responsible citizens.

WORKSHEET 1.1A
NAME: SCORE:
YEAR/SECTION: DATE:
Draw the first thing that comes into your mind

when you hear the word ‘history.’

WORKSHEET 1.1B
NAME: SCORE:
YEAR/SECTION: DATE:
Write a short essay on the relevance of studying history

in relation to your course.
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LESSON 1.2
DISTINCTION BETWEEN PRIMARY AND
SECONDARY SOURCES
In the study of history, historians give interpretations of the past
by investigating historical sources. No interpretations, however, shall be
accepted unless it is supported by evidence from the examined sources.
Historical sources may refer to everything, written or not, that may tell
something about the past. These sources are generally classified into
primary and secondary sources.
Primary sources are original records of a certain event by people

who have actually experienced or witnessed it. These may include
original works such as letters, legislations, newspaper articles, diaries,
interviews, government documents, reports, photographs, literature and
other creative outputs.
Secondary sources, on the other hand, are records based on

primary sources. They explain a certain event of the past through
evaluation and interpretation of the records created during a historical
period. These may include researches, textbooks, journals,
commentaries, biographies, and criticism or reviews of literary and
creative works.
To illustrate, if students wish to study the 1987 Constitution, the

primary sources includes the Record of the 1986 Constitutional
Commission, proclamations, speeches of the 48 representatives who
collectively drafted the current Constitution, and the text of the
Constitution itself. Its secondary sources, on the hand, may include
textbooks, annotations, and published opinions about the Constitution.
Primary and secondary sources are both important in studying

history. However, it is preferred that students use primary sources in
their analysis and synthesis of the past events. The use of primary
sources is important because of the following reasons:
1. Direct contact with the original records and artifacts invites

students to explore the content with active and deeper
analysis, and to respond thoughtfully;
2. Critical thinking is developed as students probe the context,
purpose, meaning, bias, and perspectives in their analysis of
the past;

3. In the interaction with the various sources from the past, a
learn-led inquiry is being fostered;
4. There is a realization that history is a reflection of various
perspectives of those who interpret the past events; and
5. It brings back to story to history allowing students to share the
author’s perspectives.

WORKSHEET 1.2A
NAME: SCORE:
YEAR/SECTION: DATE:
Directions:
Name a historical event you wish to study; and
Identify the primary and secondary sources of that historical event.
HISTORICAL EVENT:
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PRIMARY SOURCES:
1.________________________________________________________________
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2.________________________________________________________________
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SECONDARY SOURCES:
1.________________________________________________________________
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2.________________________________________________________________
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WORKSHEET 1.2B
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Identify whether the statement is a PRIMARY or

SECONDARY source. Write your answer before each number.
_______________1. You were watching news and the reporter said that
she had heard bad reviews about a new action film. When she talks
about the movie, what is she?
_______________2. You found a letter to one of your classmates in the
room after school yesterday. What is the letter?
_______________3. You and your brother found an old wedding dress in
your archives. Your mother told you that it belonged to your
grandmother. What is the dress?
_______________4. At school you use textbooks to learn about the
history of the Philippines. When you use textbooks, what are you
using?
_______________5. You like to magazines. You love the articles written
by other about airplanes and aviation. When you read these stories,
what are you?
_______________6. You father has audio files of your grandfather
narrating his memorable experience as a pilot. What are you listening
to?
_______________7. When you are working on your assignment about the
Philippine government, you have read about the commentaries of the
Justices in the Supreme Court on landmark cases. What are you
reading?
_______________8. Your friend told you that she will be reading a book
that she really liked. When she talks about the book, what is she?
_______________9. When you were at summer camp last year, you
found an interesting porcelain jar; You researched and found out that
it has been made by the precolonial Chinese traders. What is the jar?
_______________10. You are writing a paper on President Rodrigo Roa
Duterte for your History class. You used articles from an online
encyclopedia and Wikipedia. What are you using?
LESSON 1.3
INTERNAL AND EXTERNAL
CRITICISM
Being able to identify primary sources from secondary sources is

the first step of historical method. Historical method refers to the
process of probing primary sources that will be used in writing history.
This includes source criticism which studies the external and internal
validity of sources.
According the Gilbert J. Garraghan and Jean Delanglez in 1946,

source criticism asks the following questions:
When was the source, written or unwritten, produced?

Where was it produced?
By whom was it produced?
From what pre-existing material was it produced?
In what original form was it produced?
What is the evidential value of its contents?
The first five questions are considered to be part of external

criticism. Historians determine the authenticity of sources by
examining the date, locale, creator, analysis and integrity of the
historical sources. These information must be consistent with each
other. It means, for example, that the materials used in a source must
match the time and place when it was produced.
The last question is treated as internal criticism as it helps the

historians determine the credibility of the source. It studies the content
of the source to know its truthfulness. For a source to be valid, its
content must be reasonable and historically precise. One should now
rely on a data which is not supported by evidence.
Neuman in 2013 has explained the difference between external

and internal criticism in the illustration on the next page.
One of the disputed documents which may illustrate the

application of external and internal criticism is the Code of Kalantiaw.
The Code was introduced as written by Datu Kalantiaw of Negros in
1433. However, in a study presented by William Henry Scott, it was
found out to be a hoax – a forgery written by Jose E. Marco in 1913.

Internal and External Criticism (from Neuman, 2003, p.421)
Today, history books no longer include the said Code. But Atty.
Cecilio Duka, in 2018, has interestingly provided the 18 articles of the
Code in his book, Struggle for Freedom, to be critically examined by the
students and conclude its truthfulness. For similar reasons and to feed
our curiosity here are the said laws:
Article I - Ye shall not kill, neither shall ye steal nor shall ye

hurt the aged, lest ye incur the danger of death. All those who
this order shall infringe shall be tied to a stone and drowned
in a river or in boiling water.
Article II - Ye shall punctually meet your debt with your

headman. He who fulfills not, for the first time shall be lashed
a hundredfold, and If the obligation is great, his hand shall be
dipped threefold in boiling water. On conviction, he shall be
flogged to death.
Article III - Obey ye: no one shall have wives that are too
young, nor shall they be more than what he can take care of,
nor spend much luxury. He who fulfils not, obeys not, shall
be condemned to swim three hours and, for the second time,
shall be scourged with spines to death.
Article IV - Observe and obey ye: Let not the peace of the
graves be disturbed; due respect must be accorded them on
passing by caves and trees where they are. He who observes
not shall die by bites of ants or shall be flogged with spines till
death.
Article V - Obey ye: Exchange in food must be carried out

faithfully. He who complies not shall be lashed for an hour.
He who repeats the act shall, for a day be exposed to the ants.

Article VI - Ye shall revere respectable places, trees of known
value, and other sites. He shall pay a month's work, in gold or
money, whoever fails to do this; and if twice committed, he
shall be declared a slave.
Article VII - They shall die who kill trees of venerable aspect;
who at night shoot with arrows the aged men and the women;
he who enters the house of the headman without permission;
he who kills a fish or shark or striped crocodile.
Article VIII - They shall be slaves for a given time who steal
away the women of the headmen; he who possesses dogs that
bite the headmen; he who burns another man's sown field.
Article IX - They shall be slaves for a given time, who sing in

their night errands, kill manual birds, tear documents
belonging to the headmen; who are evil-minded liars; who play
with the dead.
Article X - It shall be the obligation of every mother to show

her daughter secretly the things that are lascivious, and
prepare them for womanhood; men shall not be cruel to their
wives, nor should they punish them when they catch them in
the act of adultery. He who disobeys shall be torn to pieces
and thrown to the Caymans.
Article XI - They shall be burned, who by force or cunning

have mocked at and eluded punishment, or who have killed
two young boys, or shall try to steal the women of the old men
(agurangs).
Article XII - They shall be drowned, all slaves who assault

their superiors or their lords and masters; all those who abuse
their luxury; those who kill their anitos by breaking them or
throwing them away.
Article XIII - They shall be exposed to the ants for half a day,
who kill a black cat during the new moon or steal things
belonging to the headmen.
Article XIV - They shall be slaves for life, who having beautiful
daughters shall deny them to the sons of the headman, or
shall hide them in bad faith.

Article XV - Concerning their beliefs and superstitions: they
shall be scourged, who eat bad meat of respected insects or
herbs that are supposed to be good; who hurt or kill the
young manual bird and the white monkey.
Article XVI - Their fingers shall be cut off, who break wooden
or clay idols in their olangangs and places of oblation; he who
breaks Tagalan's daggers for hog killing, or breaks drinking
vases.
Article XVII - They shall be killed, who profane places where

sacred objects of their diwatas or headmen are buried. He who
gives way to the call of nature at such places shall be burned.
Article XVIII - Those who do not cause these rules to be

observed, if they are headmen, shall be stoned and crushed to
death, and if they are old men, shall be placed in rivers to be
eaten by sharks and crocodiles.
The Code is just one of the many sources that was included in our
former study of the Philippine history and there may be other sources
that are, up until now, accepted but not fully examined. As students of
history, the challenge is for us to externally and internally criticize
sources before accepting them as evidence to the history of our past.
In addition to the questions of Garraghan and Delanglez,

historians also have presented the following principles of source
criticism for determining reliability (Olden-Jørgensen, 1998 and
Thurén, 1997):
 Human sources may be relics such as a fingerprint; or

narratives such as a statement or a letter. Relics are
more credible sources than narratives.
 Any given source may be forged or corrupted. Strong
indications of the originality of the source increase its
reliability.
 The closer a source is to the event which it purports to
describe, the more one can trust it to give an accurate
historical description of what actually happened.
 A primary source is more reliable than a secondary
source, which is more reliable than a tertiary source, and
so on.
 If a number of independent sources contain the same
message, the credibility of the message is strongly
increased.
 The tendency of a source is its motivation for providing
some kind of bias. Tendencies should be minimized or
supplemented with opposite motivations.
 If it can be demonstrated that the witness or source has
no direct interest in creating bias then the credibility of
the message is increased.
What if there are two or more sources to prove a certain historical

event? Bernheim (1889) and Langlois & Seignobos (1898) have
presented the following procedures to examine contradictory sources:
1. If the sources all agree about an event, historians can consider

the event proved;
2. However, majority does not rule; even if most sources relate
events in one way, that version will not prevail unless it passes
the test of critical textual analysis;
3. The source whose account can be confirmed by reference to
outside authorities in some of its parts can be trusted in its
entirety if it is impossible similarly to confirm the entire text;
4. When two sources disagree on a particular point, the historian
will prefer the source with most "authority"—that is the source
created by the expert or by the eyewitness;
5. Eyewitnesses are, in general, to be preferred especially in
circumstances where the ordinary observer could have
accurately reported what transpired and, more specifically,
when they deal with facts known by most contemporaries;
6. If two independently created sources agree on a matter, the
reliability of each is measurably enhanced;
7. When two sources disagree and there is no other means of
evaluation, then historians take the source which seems to
accord best with common sense.
Primary sources are mostly accounts of eyewitnesses. As proposed

above, they are generally preferred. In history, however, one should not
immediately accept statements of an eyewitness without evaluation. RJ
Shafer had suggested that we ask the following questions:
 Is the real meaning of the statement different from its literal

meaning? Are words used in senses not employed today? Is the
statement meant to be ironic (i.e., mean other than it says)?
 How well could the author observe the thing he reports? Were his
senses equal to the observation? Was his physical location suitable

to sight, hearing, touch? Did he have the proper social ability to
observe: did he understand the language, have other expertise
required (e.g., law, military); was he not being intimidated by his
wife or the secret police?
 How did the author report and what was his ability to do so?
 Regarding his ability to report, was he biased? Did he have
proper time for reporting? Proper place for reporting?
Adequate recording instruments?
 When did he report in relation to his observation? Soon?
Much later? Fifty years is much later as most eyewitnesses
are dead and those who remain may have forgotten relevant
material.
 What was the author's intention in reporting? For whom did
he report? Would that audience be likely to require or suggest
distortion to the author?
 Are there additional clues to intended veracity? Was he
indifferent on the subject reported, thus probably not
intending distortion? Did he make statements damaging to
himself, thus probably not seeking to distort? Did he give
incidental or casual information, almost certainly not
intended to mislead?
 Do his statements seem inherently improbable: e.g., contrary to

human nature, or in conflict with what we know?
 Remember that some types of information are easier to observe and

report on than others.
 Are there inner contradictions in the document?
In some cases when there is no primary source available to confirm

the happening of one event or history, indirect eyewitnesses or
secondary sources may be inquired from. In these cases, Gottschalk has
suggested to ask the following:
1. From whose primary testimony does the secondary witness base

his statements?
2. Did the secondary witness accurately report the primary
testimony as a whole?
3. If not, in what details did he accurately report the primary
testimony?
Having reasonable answers from these questions will give the

historian a source, which may be considered original and reliable.
Historians may also look into oral traditions as a source of
history. These traditions, however, may only be accepted if they satisfy
the following conditions:
1. Broad conditions:
a. The tradition should be supported by an unbroken series of
witnesses, reaching from the immediate and first reporter of
the fact to the living mediate witness from whom we take it
from, or to the one who was the first to commit it to writing.
b. There should be several parallel and independent series of
witnesses testifying to the fact in question.
2. Particular conditions:
a. The tradition must report a public event of importance, such
as would necessarily be known directly to a great number of
persons.
b. The tradition must have been generally believed, at least for
definite period of time.
c. During that definite period it must have gone without
protest, even from persons interested in denying it.
d. The tradition must be one of relatively limited duration
(Elsewhere, Garraghan suggests a maximum limit of 150
years, at least in cultures that excel in oral remembrance)
e. The critical spirit must have been sufficiently developed
while the tradition lasted, and the necessary means of critical
investigation must have been at hand.
f. Critical-minded persons who would surely have challenged
the tradition – had they considered it false – must have made
no such challenge.
Other traditions may also be proven by presentation of

comparable evidence such as archeological records or remains.
The guidelines presented above may help in the examination of

sources, which may be accepted in writing history. These should be
coupled by further assessments using proper historical reasoning.

WORKSHEET 1.3A
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Provide a primary source in Philippine history and answer

the following questions on source criticism.
PRIMARY SOURCE:
_____________________________________________________________________
_____________________________________________________________________
SOURCE CRITICISM:
1. When was the source, written or unwritten, produced?
_____________________________________________________________________
_____________________________________________________________________
2. Where was it produced?

_____________________________________________________________________
_____________________________________________________________________
3. By whom was it produced?
_____________________________________________________________________
_____________________________________________________________________
4. From what pre-existing material was it produced?

_____________________________________________________________________
_____________________________________________________________________
5. In what original form was it produced?

_____________________________________________________________________
_____________________________________________________________________
6. What is the evidential value of its contents?

_____________________________________________________________________
_____________________________________________________________________

WORKSHEET 1.3B
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: The following are lesser known controversies published by

filipiknow.net entitled “10 Mind-Blowing Controversies of Philippine
History.”
Read the online article at filipiknow.net/historical-controversies-
philippines and study the sources being presented in each controversy.
Check whether or not you agree to the following statements based on
your examination of sources.
CONTROVERSIES AGREE DISAGREE
1. We already had an excellent public
school system before the Americans __________ __________
came.
2. Jose Rizal disliked the Chinese. __________ __________
3. Jose Burgos was framed for the

Cavite mutiny. __________ __________
4. The Americans used pigs’ blood and

body parts on Moro insurgents. __________ __________
5. The Jabidah Massacre never __________ __________

happened.
6. A Filipino helped found Los Angeles. __________ __________
7. Gregorio del Pilar was Aguinaldo’s

assassin. __________ __________
8. Bonifacio ‘acted like a king’ in __________ __________

Cavite.
9. Miguel Malvar, not Manuel Quezon,

should be the second Philippine __________ __________
President.
10. An ancient family owns the entire

Philippines. __________ __________

LESSON 1.4
KINDS AND REPOSITORIES
OF PRIMARY RESOURCES
Establishing the reliability of primary sources is vital in studying

history. As students, it is equally important for one to identify the
various kinds of primary sources as used in different avenues. This
lesson presents the classification of primary sources and the
obtainability of each.
Primary sources may be published or unpublished documents.

Published documents are those that are intended for public
distribution or use. Newspapers, magazines, books, reports, government
documents, laws, court decisions, literary works, posters, maps, and
advertisements are some of the examples. The fact that these
documents are published does not mean that they are reliable,
accurate, or truthful. The readers must comprehend not just the
substance of the document but also the background of the author, as it
may be written based on the author’s perspective.
Documents such as diaries, journals, letters, wills, and other

personal papers that are not published may be used as primary
sources. Unpublished documents, unlike published ones, may be
difficult to locate as they are kept in private and hence, may not be
easily accessed by the public. These documents are also confidential
and are restricted from public use like personal letters, which are in the
possession of the recipients.
Primary sources may also be unwritten. These may include oral

traditions, oral histories, artworks, and artifacts. Traditions and
histories or stories transferred through generations may tell us
something about the past. Accepted as primary sources of this kind are
those that come from people who have actually witnessed or
experienced the past events. Personal or first-hand knowledge is
necessary in considering these sources as primary. Although some oral
traditions (from some cultures) that are still unwritten up to date may
be used in writing history, it is essential that that their reliability is
properly evaluated.
Other unwritten sources include artworks and artifacts. These
are visual documents that tell us several views of the past from the
perspectives of creators. Drawings, paintings, sculptures, photographs,

and artifacts are some of the visual documents that may have captured
historic moments and provide evidence to changes that happened over
time.
Knowing the type of primary source helps in identifying its

repository. Written documents may be found in libraries or archives
while unwritten documents may be stored in museums and galleries.
Primary sources of Philippine history are placed in several

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

Organized under Republic Act No. 9470 passed on May 21, 2007,
the National Archives of the Philippines (NAP) was established to store,
preserve, conserve, and make available to the public the records,
papers, periodicals, books or other items, articles or materials, that
have been selected for permanent reservation. These materials may be
in the form of electronic, audio-visual or print, which by their nature
and characteristics have enduring value.
The NAP is holding about 60,000,000 archival documents with
Spanish Collection comprising an estimated 13,000,000 manuscripts
from the 16th to 19th Century with 400 titles on various aspects of
Philippine history under the a) Spanish rule such as royal decrees of
Spanish monarchs, reports of Spanish governors-general, documents on
Filipino uprisings, records of different provinces and pueblos, royal titles
on lands and landed estates, pastoral letters of the clergy, papers on
churches and convents, maps and architectural plans of buildings and
houses, civil records like birth, marriages and death; b) American and
Japanese occupation records including Philippine National Guard
records, civil service rosters, war trials; and c) recent records
composed of notarial documents, registers, civil service records, and
1,000 cubic meter of inactive records of national/local governments,
including those of abolished, transferred or merged offices.
The National Library of the Philippines

The National Library of the Philippines (NLP) is the repository
of the printed and recorded cultural heritage of the country and other
intellectual, literary and information sources. It was established by a
royal decree on 12 August 1887 and named as the Museo-Biblioteca de
Filipinas. Its mission is to acquire, organize, conserve, and preserve
Filipiniana materials and provide equitable access to library resources
through a system of public libraries throughout the country.
The NLP has one of the largest collections of materials in various
forms in the country covering around 1.6 million books, manuscripts,
newspapers, theses and dissertations, government publications, maps,
and photographs. Some of the valuable pieces it holds are Rizal’s novels,
including the unfinished novels, and the Philippine Declaration of
Independence which are all kept in a special vault.
The National Museum of the Philippines

As an educational, scientific, and cultural institution, the National
Museum (NM) operates the National Museum of Fine Arts, National
Museum of Anthropology, National Museum of Natural History, National
Planetarium and other branch museums around the country. Its
collection covers fine arts, archeology, ethnography, and natural history.

WORKSHEET 1.4A
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Give at least two examples of primary resources of

Philippine history under each type.
PUBLISHED DOCUMENTS:
_____________________________________________________________________
_____________________________________________________________________
UNPUBLISHED DOCUMENTS:
_____________________________________________________________________
_____________________________________________________________________
ORAL TRADITIONS/ORAL HISTORIES:

_____________________________________________________________________
_____________________________________________________________________
ARTWORKS:
_____________________________________________________________________
_____________________________________________________________________
ARTIFACTS:
_____________________________________________________________________
_____________________________________________________________________

WORKSHEET 1.4B
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Provide the address and contact details of the following

repositories, and name two primary sources which may found in them.
The National Archives of the Philippines

Address:
_____________________________________________________________________
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________
The National Library of the Philippines

Address:
_____________________________________________________________________
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________
The National Museum of the Philippines
Address:
_____________________________________________________________________
Contact details:
_____________________________________________________________________
Primary Sources:
_____________________________________________________________________
_____________________________________________________________________

Chapter 2
CONTENT AND CONTEXTUAL ANALYSIS
OF SELECTED PRIMARY RESOURCES
able to :
1. Analyze the context, content, and perspective of

the different kinds of primary sources.
2. Identify the historical importance of the historical
texts.
3. Develop critical and analytical skills from one’s
exposure to primary sources.
4. Examine the author’s main argument and point
of view.

The next two chapters of this book will present selected
readings about Philippine history. After each selection, students will
be asked to analyze its context and content in accordance with
CMO No. 20, series of 2013, which states that context analysis
discusses (a) the historical context of the source [time and place it
was written and the situation at the time], (b) the author’s
background, intent (to the extent discernable), and authority on the
subject; and (c) the source’s relevance and meaning today. On the
other hand, content analysis various on the kind of source. The
students will have to identify the author’s main argument of thesis,
compare points of view, identify biases, and evaluate the author’s
claim based on the pieces of evidence presented or other available
evidence at the time.
Students will also be asked to prepare a source analysis and

source summary using the format provided in the worksheets.
CHAPTER TWO: CONTENT AND CONTEXTUAL ANALYSIS 29

LESSON 2.1
FIRST VOYAGE AROUND THE WORLD
BY MAGELLAN
Translated from the accounts of Antonio Pigafetta accompanied by original documents,
with notes and introduction by Lord Stanley of Alderley.
Saturday, the 16th of March, 1521, we arrived at daybreak in sight

of a high island, three hundred leagues distant from the before-mentioned
Thieves' island. This isle is named Zamal. The next day the captain-general
wished to land at another uninhabited island near the first, to be in greater
security and to take water, also to repose there a few days. He set up there
two tents on shore for the sick, and had a sow killed for them.
Monday, the 18th of March, after dinner, we saw a boat come
towards us with nine men in it: upon which the captain-general ordered
that no one should move or speak without his permission. When these
people had come into this island towards us, immediately the principal one
amongst them went towards the captain-general with demonstrations of
being very joyous at our arrival. Five of the most showy of them remained
with us, the others who remained with the boat went to call some men who
were fishing, and afterwards all of them came together. The captain seeing
that these people were reasonable, ordered food and drink to be given
them, and he gave them some red caps, looking glasses, combs, bells,
ivory, and other things. When these people saw the politeness of the
captain, they presented some fish, and a vessel of palm wine, which they
call in their language Uraca; figs more than a foot long, and others smaller
and of a better savour, and two cochos. At that time, they had nothing to
give him, and they made signs to us with their hands that in four days,
they would bring us Umai, which is rice, cocos, and many other victuals.
To explain the kind of fruits above-named it must be known that the
one which they call cochi, is the fruit which the palm trees bear. And as we
have bread, wine, oil, and vinegar, proceeding from different kinds, so these
people have those things proceeding from these palm trees only. It must be
said that wine proceeds from the said palm trees in the following manner.
They make a hole at the summit of the tree as far as its heart, which is
named palmito, from which a liquor comes out in drops down the tree, like
white must, which is sweet, but with somewhat of bitter. They have canes as
thick as the leg, in which they draw off this liquor, and they fasten them to
the tree from the evening till next morning, and from the morning to the
evening, because this liquor comes little by little. This palm produces a fruit
named cocho, which is as large as the head, or thereabouts: its first husk is
green, and two fingers in thickness, in it they find certain threads, with
which they make the cords for fastening their boats. Under this husk, there
is another very hard, and thicker than that of a walnut. They burn this
second rind, and make with it a powder which is useful to them. Under this
rind, there is a white marrow of a finger's thickness, which they eat fresh
with meat and fish, as we do bread, and it has the taste of an almond, and if
anyone dried it he might make bread of it. From the middle of this marrow
there comes out a clear sweet water, and very cordial, which, when it has
rested a little, and settled, congeals and becomes like an apple.

When they wish to make oil, they take this fruit, the coco, and let it
rot, then they corrupt this marrow in the water, then they boil it, and it
becomes oil in the manner of butter. When they want to make vinegar,
they let the water in the cocoa-nut get bad, and they put it in the sun,
when it turns to vinegar like white wine. From this fruit milk also can be
made, as we experienced, for we scraped this marrow and then put it with
its water, and passed it through a cloth, and thus it was milk like that of
goats. This kind of palm tree is like the date-palm, but not so rugged. Two
of these trees can maintain a family of ten persons: but they do not draw
wine as above-mentioned always from one tree, but draw from one for eight
days, and from the other as long. For if they did not, otherwise the trees
would dry up. In this manner they last a hundred years.
These people became very familiar and friendly with us, and
explained many things to us in their language, and told us the names of
some islands, which we saw with our eyes before us. The island where they
dwelt is called Zuluam, and it is not large. As they were sufficiently
agreeable and conversable, we had great pleasure with them. The captain
seeing that they were of this good condition, to do them greater honor
conducted them to the ship, and showed them all his goods, that is to say,
cloves, cinnamon, pepper, ginger, nutmeg, mace, gold and all that was in
the ship. He also had some shots fired with his artillery, at which they
were so much afraid that they wished to jump from the ship into the sea.
They made signs that the things, which the captain had shown them, grew
where we were going. When they wished to leave us, they took leave of the
captain and of us with very good manners and gracefulness, promising us
to come back to see us. The island we were at was named Humunu;
nevertheless because we found there two springs of very fresh water we
named it the Watering Place of good signs, and because we found here the
first signs of gold. There is much white coral to be found here, and large
trees which bear fruit smaller than an almond, and which are like pines.
There were also many palm trees both good and bad. In this place there
were many circumjacent islands, on which account we named them the
archipelago of St. Lazarus, because we stayed there on the day and feast
of St. Lazarus. This region and archipelago is in ten degrees north latitude,
and a hundred and sixty-one degrees longitude from the line of
demarcation.
Friday, the 22nd of March, the above-mentioned people, who had
promised us to return, came about midday, with two boats laden with the
said fruit cochi, sweet oranges, a vessel of palm wine, and a cock, to give
us to understand that they had poultry in their country, so that we bought
all that they brought. The lord of these people was old, and had his face
painted, and had gold rings suspended to his ears, which they name
Schione, and the others had many bracelets and rings of gold on their
arms, with a wrapper of linen round their head. We remained at this place
eight days: the captain went there every day to see his sick men, whom he
had placed on this island to refresh them: and he gave them himself every
day the water of this said fruit the cocho, which comforted them much.
Near this isle is another where there are a kind of people who wear holes in
their ears so large that they can pass their arms through them; these
people are Caphre, that is to say, Gentiles, and they go naked, except that
round their middles they wear cloth made of the bark of trees. But there
are some of the more remarkable of them who wear cotton stuff, and at the
end of it there is some work of silk done with a needle. These people are
tawny, fat, and painted, and they anoint themselves with the oil of

coconuts and sesame, to preserve them from the sun and the wind. Their
hair is very black and long, reaching to the waist, and they carry small
daggers and knives, ornamented with gold, and many other things, such
as darts, harpoons, and nets to fish, like........., and their boats are like
ours.
The Monday of Passion week, the 25th of March, and feast of our
Lady, in the afternoon, and being ready to depart from this place, I went to
the side of our ship to fish. And putting my feet on a spar to go down to the
store room, my feet slipped because it had rained, and I fell into the sea
without any one seeing me. Being near drowning by luck I found at my left
hand the sheet of the large sail which was in the sea. I caught hold of it
and began to cry out till they came to help and pick me up with the boat. I
was assisted not by my merits, but by the mercy and grace of the fountain
of pity. That same day, we took the course between west and southwest,
and passed amidst four small islands, that is to say, Cenalo, Huinanghar,
Ibusson, and Abarien.
Thursday, the 28th of March, having seen the night before fire upon
an island, at the morning we came to anchor at this island; where we saw
a small boat which they call Boloto, with eight men inside, which
approached the ship of the captain-general. Then a slave of the captain's,
who was from Sumatra, otherwise named Traprobana, spoke from afar to
these people, who understood his talk, and came near to the side of the
ship, but they withdrew immediately, and would not enter the ship from
fear of us. So the captain seeing that they would not trust to us showed
them a red cap, and other things, which he had tied and placed on a little
plank, and the people in the boat took them immediately and joyously, and
then returned to advise their king. Two hours afterwards, or thereabouts,
we saw come two long boats, which they call Ballanghai, full of men. In
the largest of them was their king sitting under an awning of mats; when
they were near the ship of the captain-general, the said slave spoke to the
king, who understood him well, because in these countries the kings know
more languages than the common people. Then the king ordered some of
his people to go to the captain's ship, whilst he would not move from his
boat, which was near enough to us. This was done, and when his people
returned to the boat, he went away at once. The captain gave good
entertainment to the men who came to his ship, and gave them all sorts of
things, on which account the king wished to give the captain a rather large
bar of solid gold, and a chest full of ginger. However, the captain thanked
him very much but would not accept the present. After that, when it was
late, we went with the ships near to the houses and abode of the king.
The next day was Good Friday. The captain sent on shore the
before-mentioned slave, who was our interpreter, to the king to beg him to
give him for money some provisions for his ships, sending him word that
he had not come to his country as an enemy, but as a friend. The king on
hearing this came with seven or eight men in a boat, and entered the ship,
and embraced the captain, and gave him three china dishes covered with
leaves full of rice, and two dorades, which are rather large fish, and of the
sort above-mentioned, and he gave him several other things. The captain
gave this king a robe of red and yellow cloth, made in the Turkish fashion,
and a very fine red cap, and to his people he gave to some of them knives,
and to others mirrors. After that refreshments were served up to them. The
captain told the king, through the said interpreter, that he wished to be
with him, cassi cassi, that is to say, brothers. To which the king answered
that he desired to be the same towards him. After that the captain showed

him cloths of different colours, linen, coral, and much other merchandise,
and all the artillery, of which he had some pieces fired before him, at which
the king was much astonished; after that the captain had one of his
soldiers armed with white armour, and placed him in the midst of three
comrades, who struck him with swords and daggers. The king thought this
very strange, and the captain told him, through the interpreter, that a man
thus in white armour was worth a hundred of his men; he answered that it
was true; he was further informed that there were in each ship two
hundred like that man. After that the captain showed him a great number
of swords, cuirasses, and helmets, and made two of the men play with
their swords before the king; he then showed him the sea chart and the
ship compass, and informed him how he had found the strait to come
there, and of the time which he had spent in coming; also of the time he
had been without seeing any land, at which the king was astonished. At
the end the captain asked if he would be pleased that two of his
people should go with him to the places where they lived, to see some of
the things of his country. This the king granted, and I went with another.
When I had landed, the king raised his hands to the sky, and turned
to us two, and we did the same as he did; after that he took me by the
hand, and one of his principal people took my companion, and led us
under a place covered with canes, where there was a ballanghai, that is to
say, a boat, eighty feet long or thereabouts, resembling a fusta. We sat
with the king upon its poop, always conversing with him by signs, and his
people stood up around us, with their swords, spears, and bucklers. Then
the king ordered to be brought a dish of pig's flesh and wine. Their fashion
of drinking is in this wise, they first raise their hands to heaven, then take
the drinking vessel in their right hand, and extend the left hand closed
towards the people. This the king did, and presented to me his fist, so that
I thought that he wanted to strike me; I did the same thing towards him;
so with this ceremony, and other signs of friendship, we banqueted, and
afterwards supped with him.

WORKSHEET 2.1A
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
Type of Primary Source:
_____________________________________________________________________
What do you know about the author that may shape his/her
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Who is the intended audience of the primary source?

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

_____________________________________________________________________
_____________________________________________________________________
Describe the historical context. What was happening during this event
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
WORKSHEET 2.1B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
(title of the source)
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(author’s sentiment about the historical event or time period)
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(cite specific evidence in the reading as supporting details)

LESSON 2.2
CUSTOMS OF THE
TAGALOGS
From the Two Relations by Juan de Plasencia, O.S.F.
After receiving your Lordship's letter, I wished to reply immediately;

but I postponed my answer in order that I might first thoroughly inform
myself in regard to your request, and to avoid discussing the conflicting
reports of the Indians, who are wont to tell what suits their purpose.
Therefore, to this end, I collected Indians from different districts - old men,
and those of most capacity, all known to me; and from them I have
obtained the simple truth, after weeding out much foolishness, in regard to
their government, administration of justice, inheritances, slaves, and
dowries. It is as follows:
Customs of the Tagalogs

This people always had chiefs, called by them datos, who governed
them and were captains in their wars, and whom they obeyed and
reverenced. The subject who committed any offense against them, or spoke
but a word to their wives and children, was severely punished.
These chiefs ruled over but few people; sometimes as many as a
hundred houses, sometimes even less than thirty. This tribal gathering is
called in Tagalo a barangay. It was inferred that the reason for giving
themselves this name arose from the fact (as they are classed, by their
language, among the Malay nations) that when they came to this land, the
head of the barangay, which is a boat, thus called—as is discussed at
length in the first chapter of the first ten chapters—became a dato. And
so, even at the present day, it is ascertained that this barangay in its origin
was a family of parents and children, relations and slaves. There were
many of these barangays in each town, or, at least, on account of wars,
they did not settle far from one another. They were not, however, subject to
one another, except in friendship and relationship. The chieves, in their
various wars, helped one another with their respective barangays.
In addition to the chiefs, who corresponded to our knights, there
were three castes: nobles, commoners, and slaves. The nobles were the free
-born whom they call maharlica. They did not pay tax or tribute to the
dato, but must accompany him in war, at their own expense. The chief
offered them beforehand a feast, and afterward they divided the spoils.
Moreover, when the dato went upon the water those whom he summoned
rowed for him. If he built a house, they helped him, and had to be fed for
it. The same was true when the whole barangay went to clear up his lands
for tillage. The lands which they inhabited were divided among the whole
barangay, especially the irrigated portion, and thus each one knew his
own. No one belonging to another barangay would cultivate them unless
after purchase or inheritance. The lands on the tingues, or mountain-
ridges, are not divided, but owned in common by the barangay.
Consequently, at the time of the rice harvest, any individual of any
particular barangay, although he may have come from some other village,

if he commences to clear any land may sow it, and no one can compel him
to abandon it. There are some villages (as, for example, Pila de la Laguna)
in which these nobles, or maharlicas, paid annually to the dato a hundred
gantas of rice. The reason for this was, at the time of their settlement,
another chief occupied the lands, which the new chief, upon his arrival,
bought with his own gold; and therefore the members of his barangay paid
him for the arable land, and he divided it, among those whom he saw fit to
reward. But now, since the advent of the Spaniards, it is not so divided.
The chieves in the villages had also fisheries, with established
limits, and sections of the rivers for markets. At these, no one could fish,
or trade in the markets, without paying for the privilege, unless he
belonged to the chief's barangay or village.
The commoners are called aliping namamahay. They are married,
and serve their master, whether he be a dato or not, with half of their
cultivated lands, as was agreed upon in the beginning. They accompanied
him whenever he went beyond the island, and rowed for him. They live in
their own houses, and are lords of their property and gold. Their children
inherit it, and enjoy their property and lands. The children, then, enjoy the
rank of their fathers, and they cannot be made slaves (sa guiguilir) nor
can either parents or children be sold. If they should fall by inheritance
into the hands of a son of their master who was going to dwell in another
village, they could not be taken from their own village and carried with
him; but they would remain in their native village, doing service there and
cultivating the sowed lands.
The slaves are called aliping sa guiguilir. They serve their master
in his house and on his cultivated lands, and may be sold. The master
grants them, should he see fit, and providing that he has profited through
their industry, a portion of their harvests, so that they may work faithfully.
For these reasons, servants who are born in the house of their master are
rarely, if ever, sold. That is the lot of captives in war, and of those brought
up in the harvest fields.
Those to whom a debt was owed transferred the debt to another,
thereby themselves making a profit, and reducing the wretched debtors to
a slavery which was not their natural lot. If any person among those who
were made slaves (sa guiguilir)—through war, by the trade of goldsmith, or
otherwise—happened to possess any gold beyond the sum that he had to
give his master, he ransomed himself, becoming thus a namamahay, or
what we call a commoner. The price of this ransom was never less than
five taels, and from that upwards; and if he gave ten or more taels, as they
might agree, he became wholly free. An amusing ceremony accompanied
this custom. After having divided all the trinkets which the slave
possessed, if he maintained a house of his own, they divided even the pots
and jars, and if an odd one of these remained, they broke it; and if a piece
of cloth were left, they parted it in the middle.
The difference between the aliping namamahay and the aliping sa
guiguilir, should be noted; for, by a confusion of the two terms, many have
been classed as slaves who really are not. The Indians seeing that the
alcaldes-mayor do not understand this, have adopted the custom of taking
away the children of the aliping namamahay, making use of them as they
would of the aliping sa guiguilir, as servants in their households, which is
illegal, and if the aliping namamahay should appeal to justice, it is proved
that he is an aliping as well as his father and mother before him and no
reservation is made as to whether he is aliping namamahay or atiping sa
guiguilir. He is at once considered an alipin, without further declaration. In

this way he becomes a sa guiguilir, and is even sold. Consequently, the
alcaldes-mayor should be instructed to ascertain, when anyone asks for
his alipin, to which class he belongs, and to have the answer put in the
document that they give him.
In these three classes, those who are maharlicas on both the
father's and mother's side continue to be so forever; and if it happens that
they should become slaves, it is through marriage, as I shall soon explain.
If these maharlicas had children among their slaves, the children and their
mothers became free; if one of them had children by the slave-woman of
another, she was compelled, when pregnant, to give her master half of a
gold tael, because of her risk of death, and for her inability to labor during
the pregnancy. In such a case half of the child was free - namely, the half
belonging to the father, who supplied the child with food. If he did not do
this, he showed that he did not recognize him as his child, in which case
the latter was wholly a slave. If a free woman had children by a slave, they
were all free, provided he were not her husband.
If two persons married, of whom one was a maharlica and the other
a slave, whether namamahay or sa guiguilir, the children were divided: the
first, whether male or female, belonged to the father, as did the third and
fifth; the second, the fourth, and the sixth fell to the mother, and so on. In
this manner, if the father were free, all those who belonged to him were
free; if he were a slave, all those who belonged to him were slaves; and the
same applied to the mother. If there should not be more than one child he
was half free and half slave. The only question here concerned the division,
whether the child were male or female. Those who became slaves fell under
the category of servitude which was their parent's, either namamahay or sa
guiguilir. If there were an odd number of children, the odd one was half
free and half slave. I have not been able to ascertain with any certainty
when or at what age the division of children was made, for each one suited
himself in this respect. Of these two kinds of slaves the sa guiguilir could
be sold, but not the namamahay and their children, nor could they be
transferred. However, they could be transferred from the barangay by in-
heritance, provided they remained in the same village.
The maharlicas could not, after marriage, move from one village to
another, or from one barangay to another, without paying a certain fine in
gold, as arranged among them. This fine was larger or smaller according to
the inclination of the different villages, running from one to three taels and
a banquet to the entire barangay. Failure to pay the fine might result in a
war between the barangay which the person left and the one which he en-
tered. This applied equally to men and women, except that when one mar-
ried a woman of another village, the children were afterwards divided
equally between the two barangays. This arrangement kept them obedient
to the dato, or chief, which is no longer the case—because, if the dato is
energetic and commands what the religious fathers enjoin him, they soon
leave him and go to other villages and other datos, who endure and protect
them and do not order them about. This is the kind of dato that they now
prefer, not him who has the spirit to command. There is a great need of
reform in this, for the chiefs are spiritless and faint-hearted.
Investigations made and sentences passed by the dato must take
place in the presence of those of his barangay. If any of the litigants felt
himself aggrieved, an arbiter was unanimously named from another village
or barangay, whether he were a dato or not; since they had for this
purpose some persons, known as fair and just men, who were said to give
true judgment according to their customs. If the controversy lay between

chieves, when they wished to avoid war, they also convoked judges to act
as arbiters; they did the same if the disputants belonged to two different
barangays. In this ceremony they always had to drink, the plaintiff inviting
the others.
They had laws by which they condemned to death a man of low
birth who insulted the daughter or wife of a chief; likewise witches, and
others of the same class.
They condemned no one to slavery, unless he merited the
death-penalty. As for the witches, they killed them, and their children and
accomplices became slaves of the chief, after he had made some
recompense to the injured person. All other offenses were punished by
fines in gold, which, if not paid with promptness, exposed the culprit to
serve, until the payment should be made, the person aggrieved, to whom
the money was to be paid. This was done in the following way: Half the
cultivated lands and all their produce belonged to the master. The master
provided the culprit with food and clothing, thus enslaving the culprit and
his children until such time as he might amass enough money to pay the
fine. If the father should by chance pay his debt, the master then claimed
that he had fed and clothed his children, and should be paid therefor. In
this way he kept possession of the children if the payment could not be
met. This last was usually the case, and they remained slaves. If the
culprit had some relative or friend who paid for him, he was obliged to
render the latter half his service until he was paid - not, however, service
within the house as aliping sa guiguilir, but living independently, as
aliping namamahay. If the creditor were not served in this wise, the culprit
had to pay the double of what was lent him. In this way slaves were made
by debt: either sa guiguilir, if they served the master to whom the
judgment applied; or aliping namamahay, if they served the person who
lent them wherewith to pay.
In what concerns loans, there was formerly, and is today, an excess
of usury, which is a great hindrance to baptism as well as to confession;
for it turns out in the same way as I have showed in the case of the one
under judgment, who gives half of his cultivated lands and profits until he
pays the debt. The debtor is condemned to a life of toil; and thus borrowers
become slaves, and after the death of the father the children pay the debt.
Not doing so, double the amount must be paid. This system should and
can be reformed.
As for inheritances, the legitimate children of a father and mother
inherited equally, except in the case where the father and mother showed a
slight partiality by such gifts as two or three gold taels, or perhaps a jewel.
When the parents gave a dowry to any son, and, when, in order to
marry him to a chief's daughter, the dowry was greater than the sum given
the other sons, the excess was not counted in the whole property to be
divided. But any other thing that should have been given to any son,
though it might be for some necessity, was taken into consideration at the
time of the partition of the property, unless the parents should declare that
such a bestowal was made outside of the inheritance. If one had had
children by two or more legitimate wives, each child received the
inheritance and dowry of his mother, with its increase, and that share of
his father's estate which fell to him out of the whole. If a man had a child
by one of his slaves, as well as legitimate children, the former had no share
in the inheritance; but the legitimate children were bound to free the
mother, and to give him something - a tael or a slave, if the father were a
chief; or if, finally, anything else were given it was by the unanimous

consent of all. If besides his legitimate children, he had also some son by a
free unmarried woman, to whom a dowry was given but who was not
considered as a real wife, all these were classed as natural children,
although the child by the unmarried woman should have been begotten
after his marriage. Such children did not inherit equally with the legitimate
children, but only the third part. For example, if there were two children,
the legitimate one had two parts, and the one of the inaasava one part.
When there were no children by a legitimate wife, but only children by an
unmarried woman, or inaasava, the latter inherited all. If he had a child by
a slave woman, that child received his share as above stated. If there were
no legitimate or natural child, or a child by an inaasava, whether there was
a son of a slave woman or not, the inheritance went only to the father or
grandparents, brothers, or nearest relatives of the deceased, who gave to
the slave-child as above stated.
In the case of a child by a free married woman, born while she was
married, if the husband punished the adulterer this was considered a
dowry; and the child entered with the others into partition in the
inheritance. His share equaled the part left by the father, nothing more. If
there were no other sons than he, the children and the nearest relatives
inherited equally with him. But if the adulterer were not punished by the
husband of the woman who had the child, the latter was not considered as
his child, nor did he inherit anything. It should be noticed that the
offender was not considered dishonored by the punishment inflicted, nor
did the husband leave the woman. By the punishment of the father the
child was fittingly made legitimate.
Adopted children, of whom there are many among them, inherit the
double of what was paid for their adoption. For example, if one gold tael
was given that he might be adopted when the first father died, the child
was given [in inheritance] two taels. But if this child should die first, his
children do not inherit from the second father, for the arrangement stops
at that point.
This is the danger to which his money is exposed, as well as his
being protected as a child. On this account this manner of adoption
common among them is considered lawful.
Dowries are given by the men to the women's parents. If the latter
are living, they enjoy the use of it. At their death, provided the dowry has
not been consumed, it is divided like the rest of the estate, equally among
the children, except in case the father should care to bestow something
additional upon the daughter. If the wife, at the time of her marriage, has
neither father, mother, nor grandparents, she enjoys her dowry - which, in
such a case, belongs to no other relative or child. It should be noticed that
unmarried women can own no property, in land or dowry, for the result of
all their labors accrues to their parents.
In the case of a divorce before the birth of children, if the wife left
the husband for the purpose of marrying another, all her dowry and an
equal additional amount fell to the husband; but if she left him, and did
not marry another, the dowry was returned. When the husband left his
wife, he lost the half of the dowry, and the other half was returned to him.
If he possessed children at the time of his divorce, the whole dowry and the
fine went to the children, and was held for them by their grandparents or
other responsible relatives.
I have also seen another practice in two villages. In one case, upon
the death of the wife who in a year's time had borne no children, the
parents returned one-half the dowry to the husband whose wife had died.

In the other case, upon the death of the husband, one-half the dowry was
returned to the relatives of the husband. I have ascertained that this is not
a general practice; for upon inquiry I learned that when this is done it is
done through piety, and that all do not do it.
In the matter of marriage dowries which fathers bestow upon their
sons when they are about to be married, and half of which is given
immediately, even when they are only children, there is a great deal more
complexity. There is a fine stipulated in the contract, that he who violates
it shall pay a certain sum which varies according to the practice of the
village and the affluence of the individual. The fine was heaviest if, upon
the death of the parents, the son or daughter should be unwilling to marry
because it had been arranged by his or her parents. In this case the dowry
which the parents had received was returned and nothing more. But if the
parents were living, they paid the fine, because it was assumed that it had
been their design to separate the children.
The above is what I have been able to ascertain clearly concerning
customs observed among these natives in all this Laguna and the tingues,
and among the entire Tagalo race. The old men say that a dato who did
anything contrary to this would not be esteemed; and, in relating tyrannies
which they had committed, some condemned them and adjudged them
wicked.
Others, perchance, may offer a more extended narrative, but
leaving aside irrelevant matters concerning government and justice among
them, a summary of the whole truth is contained in the above. I am
sending the account in this clear and concise form because I had received
no orders to pursue the work further. Whatever may be decided upon, it is
certainly important that it should be given to the alcal-des-mayor,
accompanied by an explanation; for the absurdities which are to be found
in their opinions are indeed pitiable.
May our Lord bestow upon your Lordship His grace and spirit, so
that in every step good fortune may be yours; and upon every occasion
may your Lordship deign to consider me your humble servant, to be which
would be the greatest satisfaction and favor that I could receive. Nagcarlán,
October 21, 1589.
Fray Juan De Plasencia

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LESSON 2.3
KARTILYA NG
KATIPUNAN
Ni Emilio Jacinto
Ang buhay na hindi ginugugol sa isang malaki at banal na kadahilanan

ay kahoy na walang lilim, kundi damong makamandag.
Ang gawang magaling na nagbuhat sa paghahambog o pagpipita sa

sarili, at hindi talagang nasang gumawa ng kagalingan, ay di
kabaitan.
Ang tunay na kabanalan ay ang pagkakawang-gawa, ang pag-ibig sa

kapwa at ang isukat ang bawat kilos, gawa't pangungusap sa talagang
Katuwiran.
Maitim man o maputi ang kulay ng balat, lahat ng tao'y magkakapantay;

mangyayaring ang isa'y hihigtan sa dunong, sa yaman, sa ganda...;
ngunit di mahihigtan sa pagkatao.
Ang may mataas na kalooban, inuuna ang puri kaysa pagpipita sa sarili;
ang may hamak na kalooban, inuuna ang pagpipita sa sarili kaysa sa
puri.
Sa taong may hiya, salita'y panunumba.
Huwag mong sayangin ang panahon; ang yamang nawala'y

mangyayaring magbalik; ngunit panahong nagdaan ay di na muli
pang magdadaan.
Ipagtanggol mo ang inaapi; kabakahin ang umaapi.
Ang mga taong matalino'y ang may pag-iingat sa bawat sasabihin;

matutong ipaglihim ang dapat ipaglihim.
Sa daang matinik ng buhay, lalaki ang siyang patnugot ng asawa at mga

anak; kung ang umaakay ay tungo sa sama, ang pagtutunguhan ng
inaakay ay kasamaan din.
Ang babae ay huwag mong tingnang isang bagay na libangan lamang,

kundi isang katuwang at karamay sa mga kahirapan nitong buhay;
gamitin mo nang buong pagpipitagan ang kanyang kahinaan, at
alalahanin ang inang pinagbuharan at nag-iwi sa iyong kasanggulan.
Ang di mo ibig gawin sa asawa mo, anak at kapatid, ay huwag mong

gagawin sa asawa, anak at kapatid ng iba.

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LESSON 2.4
DECLARATION OF THE
PHILIPPINE INDEPENDENCE
Translation by Sulpicio Guevara
In the town of Cavite-Viejo, Province of Cavite, this 12th day of June 1898:
BEFORE ME, Ambrosio Rianzares Bautista, War Counsellor and Special

Delegate designated to proclaim and solemnize this Declaration of
Independence by the Dictatorial Government of the Philippines, pursuant
to, and by virtue of, a Decree issued by the Engregious Dictator Don Emilio
Aguinaldo y Famy,
The undersigned assemblage of military chiefs and others of the army who
could not attend, as well as the representatives of the various towns,
Taking into account the fact that the people of this country are already
tired of bearing the ominous joke of Spanish domination,
Because of arbitrary arrests and abuses of the Civil Guards who cause
deaths in connivance with and even under the express orders of their
superior officers who at times would order the shooting of those placed
under arrest under the pretext that they attempted to escape in violation of
known Rules and Regulations, which abuses were left unpunished, and
because of unjust deportations of illustrious Filipinos, especially those
decreed by General Blanco at the instigation of the Archbishop and friars
interested in keeping them in ignorance for egoistic and selfish ends,
which deportations were carried out through processes more execrable
than those of the Inquisition which every civilized nation repudiates as a
trial without hearing.
Had resolved to start a revolution in August 1896 in order to regain the

independence and sovereignty of which the people had been deprived by
Spain through Governor Miguel Lopez de Legazpi who, continuing the
course followed by his predecessor Ferdinand Magellan who landed on the
shores of Cebu and occupied said Island by means of a Pact of Friendship
with Chief Tupas, although he was killed in the battle that took place in
said shores to which battle he was provoked by Chief Kalipulako of Mactan
who suspected his evil designs, landed on the Island of Bohol by entering
also into a Blood Compact with its Chief Sikatuna, with the purpose of
later taking by force the Island of Cebu, and because his successor Tupas
did not allow him to occupy it, he went to Manila, the capital, winning
likewise the friendship of its Chiefs Soliman and Lakandula, later taking
possession of the city and the whole Archipelago in the name of Spain by
virtue of an order of King Philip II, and with these historical precedents
and because in international law the prescription established by law to
legalize the vicious acquisition of private property is not recognized, the
legitimacy of such revolution can not be put in doubt which was calmed

but not complete stifled by the pacification proposed by Don Pedro A.
Paterno with Don Emilio Aguinaldo as President of the Republic
established in Biak-na-Bato and accepted by Governor-General Don
Fernando Primo De Rivera under terms, both written and oral, among
them being a general amnesty for all deported and convicted persons; that
by reason of the non-fulfillment of some of the terms, after the destruction
of the plaza of Cavite, Don Emilio Aguinaldo returned in order to initiate a
new revolution and no sooner had he given the order to rise on the 31st of
last month when several towns anticipating the revolution, rose in revolt
on the 28th , such that a Spanish contingent of 178 men, between Imus
Cavite-Viejo, under the command of major of the Marine Infantry
capitulated , the revolutionary movement spreading like wild fire to other
towns of Cavite and the other provinces of Bataan, Pampanga, Batangas,
Bulacan, Laguna, and Morong, some of them with seaports and such was
the success of the victory of our arms, truly marvelous and without equal
in the history of colonial revolutions that in the first mentioned province
only the Detachments in Naic and Indang remained to surrender; in the
second all Detachments had been wiped out; in the third the resistance of
the Spanish forces was localized in the town of San Fernando where the
greater part of them are concentrated, the remainder in Macabebe,
Sexmoan, and Guagua; in the fourth, in the town of Lipa; in the fifth, in
the capital and in Calumpit; and in last two remaining provinces, only in
their respective capitals, and the city of Manila will soon be besieged by
our forces as well as the provinces of Nueva Ecija, Tarlac, Pangasinan, La
Union, Zambales, and some others in the Visayas where the revolution at
the time of the pacification and others even before, so that the
independence of our country and the revindication of our sovereignty is
assured.
And having as witness to the rectitude of our intentions the Supreme

Judge of the Universe, and under the protection of our Powerful and
Humanitarian Nation, The United States of America, we do hereby
proclaim and declare solemnly in the name by authority of the people of
these Philippine Islands,
That they are and have the right to be free and independent; that they
have ceased to have allegiance to the Crown of Spain; that all political ties
between them are should be completely severed and annulled; and that,
like other free and independent States, they enjoy the full power to make
War and Peace, conclude commercial treaties, enter into alliances, regulate
commerce, and do all other acts and things which and Independent State
Has right to do,
And imbued with firm confidence in Divine Providence, we hereby mutually

bind ourselves to support this Declaration with our lives, our fortunes, and
with our sacred possession, our Honor.
We recognize, approve, and ratify, with all the orders emanating from the
same, the Dictatorship established by Don Emilio Aguinaldo whom we
reverse as the Supreme Head of this Nation, which today begins to have a
life of its own, in the conviction that he has been the instrument chosen by
God, in spite of his humble origin, to effectuate the redemption of this
unfortunate country as foretold by Dr. Don Jose Rizal in his magnificent
verses, which he composed in his prison cell prior to his execution,

liberating it from the Yoke of Spanish domination,
And in punishment for the impunity with which the Government

sanctioned the commission of abuses by its officials, and for the unjust
execution of Rizal and others who were sacrificed in order to please the
insatiable friars in their hydropical thirst for vengeance against and
extermination of all those who oppose their Machiavellian ends, trampling
upon the Penal Code of these Islands, and of those suspected persons
arrested by the Chiefs of Detachments at the instigation of the friars,
without any form nor semblance of trial and without any spiritual aid of
our sacred Religion; and likewise, and for the same ends, eminent Filipino
priest, Doctor Don Jose Burgos, Don Mariano Gomez, and Don Jacinto
Zamora were hanged whose innocent blood was shed due to the intrigues
of these so-called Religious corporations which made the authorities to
believe that the military uprising at the fort of San Felipe in Cavite on the
night of January 21, 1872 was instigated by those Filipino martyrs,
thereby impeding the execution of the decree- sentence issued by the
Council of State in the appeal in the administrative case interposed by the
secular clergy against the Royal Orders that directed that the parishes
under them within the jurisdiction of this Bishopric be turned over to the
Recollects in exchange for those controlled by them in Mindanao which
were to be transferred to the Jesuits, thus revoking them completely and
ordering the return of those parishes, all of which proceedings are on file
with the Ministry of Foreign Affairs to which they are sent last month of
the year of the issuance of the proper Royal Degree which, in turn, caused
the grow of the tree of the liberty in our dear land that grow more and
more through the iniquitous measures of oppressions, until the last drop
of our chalice of suffering having been drained, the first spark of revolution
broke out in Caloocan, spread out to Santa Mesa and continued its course
to the adjoining regions of the province were the unequalled heroism of its
inhabitants fought a one sided battle against superior forces of General
Blanco and General Polavieja for a period of 3 months, without proper
arms nor ammunitions, except bolos, pointed bamboos, and arrows.
Moreover, we confer upon our famous Dictator Don Emilio Aguinaldo all
the powers necessary to enable him to discharge the duties of Government,
including the prerogatives of granting pardon and amnesty,
And lastly, it was results unanimously that this Nation, already free and
independent as of this day, must use the same flag which up to now is
being used, whose designed and colored are found described in the
attached drawing, the white triangle signifying the distinctive emblem of
the famous Society of the "Katipunan" which by means of its blood
compact inspired the masses to rise in revolution; the tree stars, signifying
the three principal Islands of these Archipelago - Luzon, Mindanao, and
Panay where the revolutionary movement started; the sun representing the
gigantic step made by the son of the country along the path of Progress
and Civilization; the eight rays, signifying the eight provinces - Manila,
Cavite, Bulacan, Pampanga, Nueva Ecija, Bataan, Laguna, and Batangas -
which declares themselves in a state of war as soon as the first revolt was
initiated; and the colors of Blue, Red, and White, commemorating the flag
of the United States of America, as a manifestation of our profound
gratitude towards this Great Nation for its disinterested protection which it
lent us and continues lending us.

And holding up this flag of ours, I present it to the gentlemen here
assembled:
Don Segundo Arellano Don Evaristo Dimalanta
Don Tiburcio del Rosario Don Gregorio Alvarez
Sergio Matias Don Sabas de Guzman
Don Agapito Zialcita Don Esteban Francisco
Don Flaviano Alonzo Don Guido Yaptinchay
Don Mariano Legazpi Don Mariano Rianzares Bautista
Don Jose Turiano Santiago y Acosta Don Francisco Arambulo
Don Aurelio Tolentino Don Antonio Gonzales
Don Felix Ferrer Don Juan Antonio Gonzales
Don Felipe Buencamino Don Juan Arevalo
Don Fernando Canon Faustino Don Ramon Delfino
Don Anastacio Pinzun Don Honorio Tiongco
Don Timoteo Bernabe Don Francisco del Rosario
Don Flaviano Rodriguez Don Epifanio Saguil
Don Gavino Masancay Don Ladislao Afable Jose
Don Narciso Mayuga Don Sixto Roldan
Don Gregorio Villa Don Luis de Lara
Don Luis Perez Tagle Don Marcelo Basa
Don Canuto Celestino Don Jose Medina
Don Marcos Jocson Don Efipanio Crisia
Don Martin de los Reyes Don Pastor Lopez de Leon
Don Ciriaco Bausa Don Mariano de los Santos
Don Manuel Santos Don Santiago Garcia
Don Mariano Toribio Don Andres Tria Tirona
Don Gabriel de los Reyes Don Estanislao Tria Tirona
Don Hugo Lim Don Daniel Tria Tirona
Don Emiliano Lim Don Andres Tria Tirona
Don Faustino Tinorio Don Carlos Tria Tirona
Don Rosendo Simon Don Sulpicio P. Antony
Don Leon Tanjanque Don Epitacio Asuncion
Don Gregorio Bonifacio Don Catalino Ramon
Don Manuel Salafranca Don Juan Bordador
Don Simon Villareal Don Jose del Rosario
Don Calixto Lara Don Proceso Pulido
Don Buenaventura Toribio Don Jose Maria del Rosario
Don Gabriel Reyes Don Ramon Magcamco
Don Zacarias Fajardo Don Antonio Calingo
Don Florencio Manalo Don Pedro Mendiola
Don Ramon Gana Don Estanislao Galinco
Don Marcelino Gomez Don Numeriano Castillo
Don Valentin Politan Don Federico Tomacruz
Don Felix Politan Don Teodoro Yatco
Don Ladislao Diwa
Who solemnly swear to recognize and defend it unto the last drop of their
blood.
In witness thereof, I certify that this Act of Declaration of Independence

was signed by me and by all those here assembled including the only
stranger who attended those proceedings, a citizen of the U.S.A., Mr. L.M.
Johnson, a Colonel of Artillery.
Ambrosio Rianzares Bautista
War Counsellor and Special Delegate-Designate
WORKSHEET 2.4A
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE ANALYSIS
Title of Source:
_____________________________________________________________________
_____________________________________________________________________
perspective?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

_____________________________________________________________________
_____________________________________________________________________

_____________________________________________________________________
_____________________________________________________________________
or time period?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
WORKSHEET 2.4B
NAME: SCORE:
YEAR/SECTION: DATE:
SOURCE SUMMARY
________________________________________________________________
suggest/shows that
________________________________________________________________
(the author)
thought/did/had
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
because
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Chapter 3
ONE PAST BUT MANY HISTORIES:
CONTROVERSIES AND CONFLICTING VIEWS
IN THE PHILIPPINE HISTORY
able to :
1. Demonstrate the ability to formulate arguments

in favor or against a particular issue using
primary sources.
2. Develop critical thinking skills in analyzing
the various controversies and conflicting views
in the Philippine history.
3. Acquire an understanding of the past
events to better understand the matters that
affect its antiquity, the present and the future.
CHAPTER THREE: ONE PAST BUT MANY HISTORIES 53

This chapter presents some of the controversial events in the
history of the Philippines. Each lesson will present the primary
sources pertaining to these disputed accounts followed by a
discussion on the main issues and arguments. The task of the
students is to decide which argument to side on by analyzing the
primary sources available.

LESSON 3.1
SITE OF THE
FIRST MASS
One of the most controversial topic in Philippine history is the site
of the first Catholic Mass, which happened on March 31, 1521 (Easter
Sunday).
Taken from Google Maps Today, debates on the
matter are being opened
as the Philippines
celebrates the 500th years
of Christianity, and this
time it is not just Masao,
Butuan and Limasawa
Island in Leyte, but
including other places in
Butuan such as Baug
Island, Suatan and Bood
Promontory. In this
lesson, we will continue
reading the accounts of
Antonio Pigafetta which is considered as a complete record of the
journey of Magellan.
Primary Source:
The First Voyage Round the World, translated from the accounts of
Antonio Pigafetta accompanied by original documents, with notes and an
introduction by Lord Stanley of Alderley.
In the island belonging to the king who came to the ship there are
mines of gold, which they find in pieces as big as a walnut or an egg, by
seeking in the ground. All the vessels which he makes use of are made of
it, and also some parts of his house, which was well fitted up according to
the custom of the country, and he was the handsomest man that we saw
among these nations. He had very black hair coming down to his shoulders,
with a silk cloth on his head, and two large gold rings hanging from his ears,
he had a cloth of cotton worked with silk, which covered him from the waist
to the knees, at his side he wore a dagger, with a long handle which was all
of gold, its sheath was of carved wood. Besides he carried upon him scents
of storax and benzoin. He was tawny and painted all over. The island of this
king is named Zuluan and Calagan, and when these two kings wish to
visit one another they come to hunt in this island where we were. Of
these kings the painted king is called Raia Calambu, and the other Raia
Siani.

On Sunday, the last day of March, and feast of Easter, the captain sent
the chaplain ashore early to say mass, and the interpreter went with him to
tell the king that they were not coming on shore to dine with him, but only to
hear the mass. The king hearing that sent two dead pigs. When it was time
for saying mass the captain went ashore with fifty men, not with their arms,
but only with their swords, and dressed as well as each one was able to
dress, and before the boats reached the shore our ships fired six cannon
shots as a sign of peace. At our landing the two kings were there, and
received our captain in a friendly manner, and placed him between them,
and then we went to the place prepared for saying mass, which was not far
from the shore. Before the mass began the captain threw a quantity of musk
rose water on those two kings, and when the offertory of the mass came, the
two kings went to kiss the cross like us, but they offered nothing, and at the
elevation of the body of our Lord they were kneeling like us, and adored our
Lord with joined hands. The ships fired all their artillery at the elevation of
the body of our Lord. After mass had been said each one did the duty of
a Christian, receiving our Lord. After that the captain had some sword-play
by his people, which gave great pleasure to the kings. Then he had a cross
brought, with the nails and crown, to which the kings made reverence, and
the captain had them told that these things which he showed them were the
sign of the emperor his lord and master, from whom he had charge and
commandment to place it in all places where he might go or pass by. He told
them that he wished to place it in their country for their profit, because if
there came afterwards any ships from Spain to those islands, on seeing this
cross, they would know that we had been there, and therefore they would
not cause them any displeasure to their persons nor their goods; and if they
took any of their people, on showing them this sign, they would at once let
them go. Besides this, the captain told them that it was necessary that this
cross should be placed on the summit of the highest mountain in their
country, so that seeing it every day they might adore it, and that if they did
thus, neither thunder, lightning, nor the tempest could do them hurt. The
kings thanked the captain, and said they would do it willingly. Then he
asked whether they were Moors or Gentiles, and in what they believed. They
answered that they did not perform any other adoration, but only joined
their hands, looking up to heaven, and that they called their God, Aba.
Hearing this, the captain was very joyful, on seeing that, the first king raised
his hands to the sky and said that he wished it were possible for him to be
able to show the affection which he felt towards him. The interpreter asked
him for what reason there was so little to eat in that place, to which the king
replied that he did not reside in that place except when he came to hunt and
to see his brother, but that he lived in another island where he had all his
family. Then the captain asked him if he had any enemies who made war
upon him, and that if he had any he would go and defeat them with his men
and ships, to put them under his obedience. The king thanked him, and
answered that there were two islands the inhabitants of which were his
enemies; however, that for the present it was not the time to attack them.
The captain therefore said to him that if God permitted him to return
another time to this country, he would bring so many men that he would put
them by force under his obedience. Then he bade the interpreter tell them
that he was going away to dine, and after that he would return to place the
cross on the summit of the mountain. The two kings said they were content,
and on that they embraced the captain, and he separated from them.

After dinner we all returned in our dress coats, and we went together
with the two kings to the middle of the highest mountain we could find, and
there the cross was planted. After that the two kings and the captain rested
themselves; and, while conversing, I asked where was the best port for
obtaining victuals. They replied that there were three, that is to say, Ceylon,
Zzubu, and Calaghan, but that Zzubu was the largest and of the most
traffic. Then the kings offered to give him pilots to go to those ports, for
which he thanked them, and deliberated to go there, for his ill-fortune would
have it so. After the cross had been planted on that mountain, each one said
the Paternoster and Ave Maria, and adored it, and the kings did the like.
Then we went down below to where their boats were. There the kings had
brought some of the fruit called cocos and other things to make a collation
and to refresh us. The captain, being desirous to depart the next day in the
morning, asked the king for the pilots to conduct us to the above-mentioned
ports, promising him to treat them like themselves, and that he would leave
one of his own men as a hostage. The first king said that he would go
himself and conduct him to this port, and be his pilots but that he should
wait two days, until he had had his rice gathered in and done other things
which he had to do, begging him to lend him some of his men so as to get
done sooner. This the captain agreed to.
This kind of people are gentle, and go naked, and are painted. They
wear a piece of cloth made from a tree, like a linen cloth, round their body to
cover their natural parts: they are great drinkers. The women are dressed in
tree cloth from their waists downwards; their hair is black, and reaches
down to the ground; they wear certain gold rings in their ears. These people
chew most of their time a fruit which they call areca, which is something of
the shape of a pear; they cut it in four quarters, and after they have chewed
it for a long time they spit it out, from which afterwards they have their
mouths very red. They find themselves the better from the use of this fruit
because it refreshes them much, for this country is very hot, so that they
could not live without it. In this island there is a great quantity of dogs, cats,
pigs, fowls, and goats, rice, ginger, cocos, figs, oranges, lemons, millet, wax,
and gold mines. This island is in nine degrees and two-thirds north latitude,
and one hundred and sixty-two longitude from the line of demarcation: it is
twenty-five leagues distant from the other island where we found the two
fountains of fresh water. This island is named Mazzava.
Main Issue: The questions about where the first mass happened in
the Philippines came from the dichotomy of understanding of
“Mazaua” based on the accounts of Pigafetta. This led to the
Limasawa and Masao, Butuan debate.
1) MASAO, BUTUAN – The claim is based on a tradition that was highly
observed from the 17th to19th century. Historians claim that there has
been no mention of the Limasawa Island in the primary sources of this
dispute history. Masaua according to them is now Masao.
2) LIMASAWA ISLAND – The accounts of Pigafetta, jointly read with
Francisco Albo’s diary (in a form of a log book), showed that Magellan’s
expedition did not reach Mindanao when they landed in Homonhon.
Instead, they have settled in an island in a latitude similar to the position
of Limasawa today, south of Leyte. In addition, the disputed location in
Masao is near a river, but in there has been no mention of such

geographical feature in the story of Pigafetta.
From your reading of the above primary source and other

sources, which of the following arguments do you believe in? Organize
your thoughts and write your answer on Worksheet 3.1.
The debate may have been settled today in favor of Limawasa,
but the people of Butuan, with their evidence and faith, are still in the
fight for their claims. Regardless of the result in the future, one this is
for sure, Magellan has planted on the Philippine soil the seed of
Christianity and everything has changed since then.

WORKSHEET 3.1
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Analyze the primary sources and the arguments presented

in this lesson, and decide on the main issue/s using your own
arguments.
MAIN ISSUE: _______________________________________________________

_____________________________________________________________________
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

LESSON 3.2
CAVITE MUTINY
You have learned from the previous chapter that primary sources
are written from the perspectives of their respective authors. Hence,
accounts on a specific event may differ and later result to disputes. This
exactly what happened in understanding the 1872 Cavite Mutiny from
the Spanish and Filipino reports.
Primary sources: The major sources of this past event are the
documents by the Spanish historian, Jose Montero y Vidal; official
report of Gov. Gen. Rafael Izquierdo; by a Filipino researcher, Dr.
Trinidad Hermenigildo Pardo de Tavera; and French writer, Edmund
Plauchut.
Main issue: The accounts on this particular history presents conflicts

on the real reasons of the mutiny.
Arguments:
1) SPANISH PERSPECTIVE – The reports of Vidal and Izquierdo
both implicated that the rebellion was an attempt to overthrow
the Spanish government. In particular, Izquierdo reports that
the Filipino clergy is behind the mutiny to rally secularization.

Both has originally reported that this “plan” was caused by the
abolition of the privileges of the workers of Cavite arsenal, which
include the non-payment of taxes of tributes and the exemption
from force labor. But, the two added several causes like the
overthrowing of secular throne through the Spanish revolution,
the unrestrained press disseminating unclean propagandas, the
books with liberal, republican, and democratic ideals, and the
support and conspiracy of native priests to replace the Spanish
friars. For these reasons, the GOMBURZA in February 17, 1872
were executed.
2) FILIPINO PERSPECTIVE - For the Filipinos, the mutiny was a

response to the injustice in the society. This bloody event,
according to Tavera, was caused by the eradication of privileges
granted to the soldiers and workers of the arsenals in Cavite as a
result of Izquierdo’s hard-hearted policies. When they found out
that taxes and other burden have been deducted from their
salaries, they rose in arms on January 20, 1987. However, after
two days, the insurgency has been subdued when Gen Izquierdo
ordered immediate reinforcement of troops in Cavite.
In addition, Tavera reports that the friars and Izquierdo have used
the mutiny to report a conspiracy of Filipino residents and clergy to
abolish the government. This is in the eve of the plan of the Central
Government in Madrid to remove the certain powers from the friars in
the government and in management of educational institutions.
In an article published by the National Historical Commission of

the Philippines in 2012, these four primary sources have been
considered and some basic suggested the following unvarying facts:
1) There was dissatisfaction among the workers of the arsenal as

well as the members of the native army after their privileges were
drawn back by Gen. Izquierdo;
2) Gen. Izquierdo introduced rigid and strict policies that made the
Filipinos move and turn away from Spanish government out of
disgust;
3) The Central Government failed to conduct an investigation on
what truly transpired but relied on reports of Izquierdo and the
friars and the opinion of the public;
4) The happy days of the friars were already numbered in 1872 when
the Central Government in Spain decided to deprive them of the
power to intervene in government affairs as well as in the direction
and management of schools prompting them to commit frantic
moves to extend their stay and power;

5)The Filipino clergy members actively participated in the
secularization movement in order to allow Filipino priests to take
hold of the parishes in the country making them prey to the rage
of the friars;
6)Filipinos during the time were active participants, and responded
to what they deemed as injustices; and
7) The execution of GOMBURZA was a blunder on the part of the
Spanish government, for the action severed the ill-feelings of the
Filipinos and the event inspired Filipino patriots to call for
reforms and eventually independence.
The mutiny may have a number of versions from both sides, but
one this is for sure, it has been a gateway to a number of events that
led to the Philippine Independence in 1898.

WORKSHEET 3.2
NAME: SCORE:
YEAR/SECTION: DATE:

arguments.
MAIN ISSUE: _______________________________________________________

_____________________________________________________________________
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

LESSON 3.3
RETRACTION OF RIZAL
One of the most controversial documents in Philippine history is

the retraction of Jose Rizal. Two texts have been published on this
matter – the first was on December 30, 1986 in Diaro de Manila and La
Voz Española; the second one was on February 14, 1897 in La
Juventud. Both were said to be written by Fr. Balaguer.
Primary source: Here’s the alleged original copy found by Fr. Manuel
Garcia, CM on May 18, 1935. Following are the text from Fr. Balaguer
in January 1987 and its English translation.
Me declaro catolica y en esta Religion en que naci y me eduque quiero vi-

vir y morir.
Me retracto de todo corazon de cuanto en mis palabras, escritos, inpresos

y conducta ha habido contrario a mi cualidad de hijo de la Iglesia
Catolica. Creo y profeso cuanto ella enseña y me somento a cuanto ella
manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y
como Sociedad prohibida por la Iglesia. Puede el Prelado Diocesano, como
Autoridad Superior Eclesiastica hacer publica esta manifastacion espon-
tanea mia para reparar el escandalo que mis actos hayan podido causar
y para que Dios y los hombers me perdonen.
Manila 29 de Deciembre de 1896

Jose Rizal
Me declaro catolica y en esta Religion en que naci y me eduque quiero vi-

vir y morir. Me retracto de todo corazon de cuanto en mis palabras, escri-
tos, inpresos y conducta ha habido contrario a mi calidad de hijo de la
Iglesia. Creo y profeso cuanto ella enseña y me somento a cuanto Ella
manda. Abomino de la Masonaria, como enigma que es de la Iglesia, y
como Sociedad prohibida por la misma Iglesia.
Puede el Prelado diocesano, como Autoridad superior eclesiastica hacer

publica esta manifastacion espontanea mia, para reparar el escandalo
que mis actos hayan podido causar, y para que Dios y los hombers me
perdonen.
Manila, 29 de Diciembre de 1896

Jose Rizal

English translation:
I declare myself a catholic and in this Religion in which I was born and
educated I wish to live and die.
I retract with all my heart whatever in my words, writings, publications

and conduct has been contrary to my character as son of the Catholic
Church. I believe and I confess whatever she teaches and I submit to
whatever she demands. I abominate Masonry, as the enemy which is of
the Church, and as a Society prohibited by the Church. The Diocesan
Prelate may, as the Superior Ecclesiastical Authority, make public this
spontaneous manifestation of mine in order to repair the scandal which
my acts may have caused and so that God and people may pardon me.
Manila 29 of December of 1896

Jose Rizal
Main issue: Whether or not Jose Rizal retracted in favor of the Catholic
Church.
Arguments:
1) NO. RIZAL DID NOT RETRACT – A number of historians

question the authenticity of the retraction document citing sever-
al inconsistencies from Rizal’s writing and even ideals. The
following are some of the observed variances from the “original”
document and that of Fr. Balaguer:
a) Instead of the words "mi cualidad" (with "u") which appear in

the original and the newspaper texts, the Jesuits’ copies have
"mi calidad" (without "u").
b) The Jesuits’ copies of the retraction omit the word "Catolica"
after the first "Iglesias" which are found in the original and the
newspaper texts.
c) The Jesuits’ copies of the retraction add before the third
"Iglesias" the word "misma" which is not found in the original
and the newspaper texts of the retraction.
d) With regards to paragraphing which immediately strikes the eye
of the critical reader, Fr. Balaguer’s text does not begin the
second paragraph until the fifth sentences while the original
and the newspaper copies start the second paragraph
immediately with the second sentences.
e) Whereas the texts of the retraction in the original and in the
manila newspapers have only four commas, the text of Fr.
Balaguer’s copy has eleven commas.

f) The most important of all, Fr. Balaguer’s copy did not have the
names of the witnesses from the texts of the newspapers in
Manila.
2) YES. RIZAL RETRACTED – Rizal was Catholic when he died as a

consequence of his retraction. In fact he was buried in a Catholic
cemetery. The said document was alleged to be signed two years
before his execution. This was done along with his profession of
faith as a requirement to marry Josephine Bracken.
Today, a number of known historians would believe in the

retraction after the presentation of Cuerpo de Vigilancia de Ma-
nila, also known as the Katipunan and Rizal documents, which
consist of important primary sources of the Philippine revolutions
purchased by the government from Spain in the mid-1990s.
This debate will continue until enough evidence will put the issue
to rest. But regardless of what it may result to, one thing is for sure, the
works of Rizal has inspired a number of Filipinos of his time to fight for
the freedom of the country.

WORKSHEET 3.3
NAME: SCORE:
YEAR/SECTION: DATE:

arguments.
MAIN ISSUE: _______________________________________________________

_____________________________________________________________________
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

LESSON 3.4
CRY OF BALINTAWAK
1Photo from http://www.kasaysayan-kkk.info/studies/notes-on-the-cry-of-august-1896
The exact date and location of a certain past event are very im-
portant in the study of history. The event that happened in August 1896
is highly considered as a significant turning point in Philippine history.
In this lesson, the issues and arguments for the exact date and location
of the Cry will be examined.
The “cry” may be understood as decision to revolt, the tearing of

community tax certificates or cedulas, or the encounter with Spanish
forces. Several sources to this event presents several interpretation of
the word. But, what is worth dealing is its exact date and location.
One of the often examined source to this is of Pio Valenzuela.

However, as years passed by, his accounts also changed. Ultimately, in
1935 with Pacheco and Pantas, Valenzuela proclaimed that, “hindi sa
Balintawak nangyari ang unang sigaw ng paghihimagsik na kinalalagian
ngayon ng bantayog, kung di sa pook na kilala sa tawag na Pugad
Lawin.” (The first Cry of the revolution did not happen in Balintawak
where the monument is, but in a place called Pugad Lawin.)

This greatly influenced the research findings of National Historical
Institute (formerly Philippine Historical Committee) when it identified in
1940 that Pugad Lawin is actually located as part of sitio Gulod, Banlat,
Kalookan City. Subsequently, it was identified to be the place of
Tandang Sora and the cry happened on August 23.
On another primary source, Mga Gunita ng Himagsikan (1964) by

Emilio Aguinaldo has presented the following letter from Andres
Bonifacio:
Noong ika-22 ng Agosto, 1896, ang Sangguniang Magdalo ay

tumanggap ng isang lihim na sulat mula sa Supremo Andres Bonifacio, sa
Balintawak, na nagsasaad na isang mahalagang pulong ang kanilang
idadaos sa ika-24 ng nasabing buwan, at lubhang kailangan na kami
ay magpadala roon ng dalawang kinatawan o delegado sa ngalan ng
Sanggunian. Ang pulong aniya’y itataon sa kaarawan ng kapistahan ng
San Bartolome sa Malabon, Tambobong. kapagkarakang matanggap ang
nasabing paanyaya, an gaming Pangulo na si G. Baldomero Aguinaldo,
ay tumawag ng pulong sa tribunal ng Cavite el Viejo… Nagkaroon kami
ng pag-aalinlangan sa pagpapadala roon ng aming kinatawan dahil sa
kaselanang pagdararanang mga pook at totoong mahigpit at abot-abot
ang panghuli ng mag Guardia Civil at Veterana sa mga naglalakad lalung
-lalo na sa mag pinaghihinalaang mga mason at Katipunan. Gayon pa
man ay aming hinirang at pinagkaisahang ipadalang tanging Sugo ang
matapang na kapatid naming si G. Domingo Orcullo… Ang aming Sugo ay
nakarating ng maluwalhati sa kanyang paroonan at nagbalik din na
wala naming sakuna, na taglay ang sulat ng Supremo na may
petsang 24 ng Agosto. Doon ay wala naming sinasabing kautusan,
maliban sa patalastas na kagugulat-gulat na kanilang lulusubin ang
Maynila, sa Sabado ng gabi, ika-29 ng Agosto, at ang hudyat ay ang
pagpatay ng ilaw sa Luneta. Saka idinugtong pa na marami diumano ang
nahuli at napatay ng Guardia Civil at Veterana sa kanyang mga
kasamahan sa lugar ng Gulod…
English translation:
On 22 August 1896, the Magdalo Council received a secret letter

from Supremo Andres Bonifacio, in Balintawak, which stated that the
Katipunan will hold an important meeting on the 24th of the said
month, and that it was extremely necessary to send two representatives
or delegates in the name of the said Council. The meeting would be
timed to coincide with the feast day of Saint Bartolomew in Malabon,
Tambobong. Upon receiving the said invitation, our President, Mr.
Baldomero Aguinaldo, called a meeting at Tribunal of Cavite el Viejo…
We were apprehensive about sending representatives because the areas
they would have pass through were dangerous and was a fact that the
Civil Guard and Veterans were arresting travelers, especially those
suspected of being freemasons and members of Katipunan.
Nevertheless, we agreed and nominated to send a single representative
in the person of our brave brother, Mr. Domingo Orcullo… Our
representative arrived safely at his destination and also returned

unharmed, bearing a letter from the Supremo dated 24 August. It
contained no orders but the shocking announcement that the Katipunan
would attack Manila at night on Saturday, 29 August, the signal for which
would be the putting out of the lamps in Luneta. He added that many of
his comrade had been captured and killed by the Civil Guard and
Veterans in Gulod…
This primary source clearly has overthrown the Cry of Pugad Lawin
on August 23, 1896 in the Bahay Toro, Kalookan. The letter cited in the
memoirs suggests that the event was closer to Balintawak.
Furthermore, in the discussions of the Philippine Historical Association
in February 2003, a descendant of Tandang Sora protested that “Pugad
Lawin” was literally pertaining to the hawk nests on top of a Sampaloc
tree at Gulod near Balintawak.
Contemporary studies may have concluded that it was the Cry of
Balintawak at around noon of Monday, August 24, 1896 at the site of
the barn and house of Tandang Sora in Gulod, now barangay Banlat,
Quezon City. Moreover, the studies reiterated that Filipinos, in light of
this event, must celebrate the following:
a) The establishment of a revolutionary or the facto government that
was republican in aspiration;
b) The designation of Bonifacio as the Kataastaasang Pangulo
(Supreme Presiddent),
c) The election of the members of his cabinet ministers and
Sanggunian and Balangay heads.

WORKSHEET 3.3
NAME: SCORE:
YEAR/SECTION: DATE:
Directions: Research and analyze the primary sources and their

arguments about the Cry of August 1896. Decide on the main issues
and present your own arguments.
MAIN ISSUE: _______________________________________________________

_____________________________________________________________________
DECISION:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ARGUMENT/S:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Chapter 4
SOCIAL, POLITICAL, ECONOMIC AND
CRITICAL ISSUES IN PHILIPPINE HISTORY
At the end of the lesson of chapter 4 the students
should be able to :
1. Effectively communicate matters about the

origin, coverage, applications, and updates of the
Comprehensive Agrarian Reform Laws, the
Philippine Constitution and Taxations.
2. Understand the underlying purpose of each law
including its coverage.
3. Evaluate the present situation from the past.
4. Recommend possible solutions to present-day
problems based on their own understanding of
the root causes, and their anticipation of future
scenarios.
5. Display the ability to work in a multi-disciplinary
team and contribute to a group endeavor.

LESSON 4.1
AGRARIAN LAW
REPUBLIC ACT NO. 6657 also known as “The Comprehensive Agrarian Reform
Law of 1998” [as amended by Republic Act Nos. 7881, 7905, 532 and 9700]
Agrarian Law
“Agrarian reform” means redistribution of lands, regardless of
crops or fruits produced, to farmers and regular farmworkers who are
landless, irrespective of tenurial arrangement, to include the totality of
factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical
redistribution of lands, such as production or profit-sharing, labor
administration, and the distribution of shares of stocks, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.
However, the term “Agrarian” is derived from the Latin word “ager”
which means “a field.” Lexically, the word agrarian means “relating to
land or to the ownership or division of land”. On the other hand, reform
presupposes something is defective, hence, needs reformation and
correction.
Therefore, agrarian law governs and regulates the rights and

relationship over agricultural lands between landowners, tenants,
lessees or agricultural workers.
Brief History of the Agrarian Reforms in the Philippines
CHAPTER FOUR: SOCIAL, POLITICAL, ECONOMIC AND CRITICAL ISSUES 73

Pre-Spanish Era - “This land is Ours God gave this land to us.”
The Filipinos of the 15th
century must have engaged
primarily hunting, fishing and
cultivation. Moreover, in land
cultivation, the common method
used is the slash and burn method
also known as the “kaingin
system” where the land is cleared
by burning bushes before planting
the crops. Only in the mountains
of northern Luzon, where elaborate
rice terraces were built some 2,000
years ago, were livelihood and Photo taken from filipinoknows.net
social organization linked to a fixed

territory. The lowland peoples lived in extended kinship groups known
as barangay each under the leadership of a datu or chieftain.
The barangay, which ordinarily numbered no more than a few hundred
individuals, was usually the largest stable economic and political unit.
In this community, everyone has access on the lands and whatever
resources it may have, which must be mutually shared to the villagers.
Also within the barangay, the status system, though not rigid, appears
to have consisted of three broad classes: 1) the datu and his family and
the nobility, 2) the freeholders, and 3) the “dependents.” This third
category consisted of three levels - sharecroppers, debt peons, and war
captives—the last two levels being termed “slaves” by Spanish
observers. The slave status was inherited but, through manumission
and interclass marriage, seldom extended over more than two
generations. The fluidity of the social system was in part the
consequence of a bilateral kinship system in which lineage was
reckoned equally through the male and female lines. Marriage was
apparently stable, though divorce was socially acceptable under certain
circumstances.
Early Filipinos followed
various local religions, a
mixture of monotheism and
polytheism in which the latter
dominated. The propitiation of
spirits required numerous
rituals, but there was no
obvious religious hierarchy. In
religion, as in social structure
and economic activity, there
was considerable variation
between - and even within -
Photo taken from slideplayer.com

islands.
Despite the existence of different classes in the social structure,
practically everyone had access to the fruits of the soil. Money was
unknown, and rice served as the medium of exchange. The concept of
“Stewardship” is also practiced during this period because they believe
that the relationship of human and nature are important.
(Adopted from www.dar.gov.ph)
Pre-Spanish Era - “This land is Ours God gave this land to us.”
During the Spanish Era,
the relationship between
landowners and tenants was
governed by the Civil Code,
particularly by the Special
Provisions for Rural Leases.
When the Spaniards came
to the Philippines, the concept
of encomienda (Royal Land
Grants) was introduced. This
system grants that
Encomenderos must defend
his encomienda from external attack, maintain peace and order within,
and support the missionaries. In turn, the encomendero acquired the
right to collect tribute from the indios (native).
The native families were merely landholders and not landowners.
By law, the land assigned to them was the property of the Spanish King
where they pay their colonial tributes to the Spanish authorities in the
form of agricultural products they produced.
Through the Laws of the Indies, the Spanish crown awarded vast
tracts of land to wit: 1) a Friar lands for the religious orders;
2) Repartiamentos for lands granted to the Spanish military as a reward
for their service; and 3) Encomienda a large tracts of land given to
Spaniards (encomendero) to manage and have the right to receive
tributes from the natives tilling it. Natives within these areas became
mere tillers working for a share of crops. They did not even have any
rights to the land.
The system, however, degenerated into abuse of power by the
encomenderos. The tribute soon became land rents to a few powerful
landlords. And the natives who once cultivated the lands in freedom
were transformed into mere share tenants.
The Spanish crown made a law in 1865 ordering landholders to
register their landholdings. Only those who were aware of these decrees
benefited. Ancestral lands were claimed and registered in other people’s
names (Spanish officials or local chieftains). As a result, many peasant
families were driven out from the lands they have been cultivating for
centuries or were forced to become tillers.

As more tillers were abused, exploited and deprived of their rights,
the revolution of peasants and farmers in 1896 articulated their aspira-
tions for agrarian reform and for a just society. Women also fought for
freedom and played an important role in the planning and implement-
ing the activities of the revolutionary movements.
The revolutionary government confiscated the large landed estates,
especially the friar lands and declared these as properties of the govern-
ment. (Malolos Constitution, 1896, Article XVII).
American Regime - “Long live America!”

Significant legislations enacted during the American Period include
the following:
 Philippine Bill of 1902 – Set the ceilings on the hectarage of
private individuals and corporations may acquire: 16 has. for
private individuals and 1,024 has. for corporations.
 Land Registration Act of 1902 (Act No. 496) – Provided for a
comprehensive registration of land titles under the Torrens
system.
 Public Land Act of 1903 – introduced the homestead system in
the Philippines.
 Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated
relationships between landowners and tenants of rice (50-50
sharing) and sugar cane lands.
The Torrens system, which the Americans instituted for the

registration of lands, did not solve the problem completely. Either they
were not aware of the law or if they did, they could not pay the survey
cost and other fees required in applying for a Torrens title.
Commonwealth Period - “Government for the Filipinos”

President Manuel L. Quezon espoused the "Social Justice" program
to arrest the increasing social unrest in Central Luzon.
Significant legislations enacted during Commonwealth Period
include the following:
 1935 Constitution – "The promotion of social justice to ensure the
well-being and economic security of all people should be the
concern of the State"
 Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act
No. 4045), Nov. 13, 1936 – Provided for certain controls in the
landlord-tenant relationships
 National Rice and Corn Corporation (NARIC), 1936 – Established
the price of rice and corn thereby help the poor tenants as well as
consumers.
 Commonwealth Act. No. 461, 1937 – Specified reasons for the
dismissal of tenants and only with the approval of the Tenancy
Division of the Department of Justice.
 Rural Program Administration created March 2, 1939 – Provided
the purchase and lease of haciendas and their sale and lease to the
tenants.
 Commonwealth Act No. 441 enacted on June 3, 1939 – Created the
National Settlement Administration with a capital stock of
P20,000,000.
Japanese Occupation - “The Era of Hukbalahap”

The Second World War II started in Europe in 1939 and in the
Pacific in 1941.
Hukbalahap controlled whole areas of Central Luzon; landlords
who supported the Japanese lost their lands to peasants while those
who supported the Huks earned fixed rentals in favor of the tenants.
Unfortunately, the end of war also signaled the end of gains acquired by
the peasants.
Upon the arrival of the Japanese in the Philippines in 1942,
peasants and workers organizations grew strength. Many peasants took
up arms and identified themselves with the anti-Japanese group, the
HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).
Philippine Republic – “The New Republic”

After the establishment of the Philippine Independence in 1946,
the problems of land tenure remained. These became worst in certain
areas. Thus the Congress of the Philippines revised the tenancy law.
President Manuel A. Roxas (1946-1948) enacted the

following laws:
 Republic Act No. 34 - Established the 70-30
sharing arrangements and regulating share-
tenancy contracts.
 Republic Act No. 55 - Provided for a more effective
safeguard against arbitrary ejectment of tenants.
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rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X
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biw= 1093&bih=556&dpr=1.25#imgrc=rk8qqfhk9g6LjM:
Elpidio R. Quirino (1948-1953) enacted the

following law:
 Executive Order No. 355 issued on October 23,
1950 - Replaced the National Land Settlement
Administration with Land Settlement Development
Corporation (LASEDECO) which takes over the
responsibilities of the Agricultural Machinery
https://www.google.com/search?q=elpidio+quirino&rlz=1C1CHBD_enP Equipment Corporation and the Rice and Corn
Production Administration.
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hVEPHAKHVgHBlgQ_AUIECgB&biw=592&bih=512&dpr=1.25#imgrc=Be
WXTChAunMBmM:

President Ramon Magsaysay (1953-1957) enacted
the following laws:
 Republic Act No. 1160 of 1954 - Abolished the
LASEDECO and established the National
Resettlement and Rehabilitation Administration
(NARRA) to resettle dissidents and landless
farmers. It was particularly aimed at rebel
returnees providing home lots and farmlands in
Palawan and Mindanao.
 Republic Act No. 1199 (Agricultural Tenancy Act
https://www.google.com/search?q=ramon+magsa ysay&rlz =1C
1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0ah
UKEwjf_7_U9Y_jAhXGZt4KHVP8A6IQ_AUIECgB&biw=1093&bih=
of 1954) - governed the relationship between
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landowners and tenant farmers by organizing share-tenancy and

leasehold system. The law provided the security of tenure of tenants. It
also created the Court of Agrarian Relations.
 Republic Act No. 1400 (Land Reform Act of 1955) - Created the Land
Tenure Administration (LTA) which was responsible for the acquisition
and distribution of large tenanted rice and corn lands over 200 hectares
for individuals and 600 hectares for corporations.
 Republic Act No. 821 (Creation of Agricultural Credit Cooperative
Financing Administration) - Provided small farmers and share tenants
loans with low interest rates of six to eight percent.
President Carlos P. Garcia (1957-1961)

He continued the programs of President Ramon
Magsaysay. There was no new legislation passed.
President Diosdado P. Macapagal

(1961-1965) enacted the following law:
 Republic Act No. 3844 of August 8, https://www.google.com/search?q=carlos+p.+garcia&rlz=1C1
1963 (Agricultural Land Reform

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=0ahUKEwjthqy_94_jAhVadXAKHdbiCbcQ_AUIECgB&biw=1093
&bih=486&dpr=1.25#imgrc=Q7JoY-_Pbe2o8M:
Code) - Abolished share tenancy,

institutionalized leasehold, set retention limit at 75
hectares, invested rights of preemption and
redemption for tenant farmers, provided for an
https://www.google.com/search?q=diosdado&r lz=1C
1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=
X&ved=0ahUKEwi098vm-Y_jAhUUA4gKHaItC90Q_AUI
administrative machinery
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for implementation,
institutionalized a judicial system of agrarian cases, incorporated
extension, marketing and supervised credit system of services of farmer
beneficiaries.
The RA was hailed as one that would emancipate Filipino farmers
from the bondage of tenancy.
President Ferdinand E. Marcos (1965-1986)

Proclamation No. 1081 on September 21, 1972 ushered the Period
of the New Society. Five days after the proclamation of Martial Law, the
entire country was proclaimed a land reform area and simultaneously
the Agrarian Reform Program was decreed. President
Marcos enacted the following laws:
 Republic Act No. 6389, (Code of Agrarian Reform)
and RA No. 6390 of 1971 - Created the Department
of Agrarian Reform and the Agrarian Reform Special
Account Fund. It strengthen the position of farmers
and expanded the scope of agrarian reform.
 Presidential Decree No. 2, September 26, 1972 -
Declared the country under land reform program. It
enjoined all agencies and offices of the government https://www.google.com/search?q=ferdinand+marcos&rlz=1C1
CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0a
to extend full cooperation and assistance to the

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1093&bih=486#imgrc=9jdvDHbvsudcMM:
DAR. It also activated the Agrarian Reform Coordinating Council.

 Presidential Decree No. 27, October 21, 1972 - Restricted land
reform scope to tenanted rice and corn lands and set the retention
limit at 7 hectares.
President Corazon C. Aquino (1986-1992)

The Constitution ratified by the Filipino people
during the administration of President Corazon C.
Aquino provides under Section 21 under Article II that
“The State shall promote comprehensive rural
development and agrarian reform.”
On June 10, 1988, former President Corazon C.
Aquino signed into law Republic Act No. 6657 or
otherwise known as the Comprehensive Agrarian
Reform Law (CARL). The law became effective on June
https://www.google.com/search?q=corazon+aquino&r
lz=1C1CHBD_enPH767PH767&source=lnms&tbm=is
15, 1988.
ch&sa=X&ved=0ahUKEwjN0rCC_Y_jAhUKZt4KHed9
AMQQ_AUIECgB&biw=1093&bih=486#imgrc=nVBqS
OeEiEOZ3M:
Subsequently, four Presidential issuances were

released in July 1987 after 48 nationwide consultations before the
actual law was enacted. President Corazon C. Aquino enacted the
following laws:
 Executive Order No. 228, July 16, 1987 – Declared full ownership to
qualified farmer-beneficiaries covered by PD 27. It also determined
the value remaining unvalued rice and corn lands subject of PD 27
and provided for the manner of payment by the FBs and mode of
compensation to landowners.
 Executive Order No. 229, July 22, 1987 – Provided mechanism for
the implementation of the Comprehensive Agrarian Reform Program
(CARP).
 Proclamation No. 131, July 22, 1987 – Instituted the CARP as a
major program of the government. It provided for a special fund
known as the Agrarian Reform Fund (ARF), with an initial amount of
Php50 billion to cover the estimated cost of the program from 1987
to 992.
 Executive Order No. 129-A, July 26, 1987 – streamlined and
expanded the power and operations of the DAR.
 Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian
Reform Law) – An act which became effective June 15, 1988 and
instituted a comprehensive agrarian reform program to promote
social justice and industrialization providing the mechanism for its
implementation and for other purposes. This law is still the one
being implemented at present.
 Executive Order No. 405, June 14, 1990 – Vested in the Land Bank
of the Philippines the responsibility to determine land valuation and
compensation for all lands covered by CARP.
 Executive Order No. 407, June 14, 1990 – Accelerated the
acquisition and distribution of agricultural lands, pasture lands,
fishponds, agro-forestry lands and other lands of the public domain
suitable for agriculture.
President Fidel V. Ramos (1992-1998)

When President Fidel V. Ramos formally took
over in 1992, his administration came face-to-face
with the public who have lost confidence in the
agrarian reform program. His administration
committed to the vision, “Fairer, faster and more
meaningful implementation of the Agrarian Reform
Program.” President Fidel V. Ramos enacted the
following laws:
 Republic Act No. 7881, 1995 – Amended certain https://www.google.com/search?q=fidel+v.+ramos&rlz=1C1CHBD_
enPH767PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwie5L3
provisions of RA 6657 and exempted fishponds y_4_jAhUUc3AKHTJrC3YQ_AUIECgB#imgrc=TSVhjl0hLbVdPM:
and prawns from the coverage of CARP.

 Republic Act No. 7905, 1995 – Strengthened the implementation of
the CARP.
 Executive Order No. 363, 1997 – Limits the type of lands that may
be converted by setting conditions under which limits the type of
lands that may be converted by setting conditions under which
specific categories of agricultural land are either non-negotiable for
conversion or highly restricted for conversion.
 Republic Act No. 8435, 1997 (Agriculture and Fisheries
Modernization Act AFMA) – Plugged the legal loopholes in land use
conversion.
 Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an
additional Php50 billion for CARP and extended its implementation
for another 10 years.
President Joseph E. Estrada (1998-2000)

“ERAP PARA SA MAHIRAP’ -- This was the battle cry that endeared
President Joseph Estrada and made him very popular during the 1998
presidential election.
President Joseph E. Estrada initiated the enactment
of the following law:
 Executive Order N0. 151, September 1999 (Farmer’s
Trust Fund) – Allowed the voluntary consolidation of
small farm operation into medium and large-scale
integrated enterprise that can access long-term
capital.
During his administration, President Estrada
launched the Magkabalikat Para sa Kaunlarang Agraryo https://www.google.com/search?q=joseph+estrada&rlz
=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&s
a=X&ved=0ahUKEwjhkImchJDjAhXDP3AKHWD2A6gQ_
or MAGKASAKA. The DAR forged into joint ventures with

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private investors into agrarian sector to make FBs competitive.

However, the Estrada Administration was short lived. The masses who
put him into office demanded for his ouster.
President Gloria Macapacal-Arroyo (2000-2010)

The agrarian reform program under the Arroyo
administration is anchored on the vision “To make the
countryside economically viable for the Filipino family by
building partnership and promoting social equity and
new economic opportunities towards lasting peace and
sustainable rural development.”
 Land Tenure Improvement - DAR will remain
https://www.google.com/search?q=gloria+macapagal+a
rroyo&rlz=1C1CHBD_enPH767PH767&source=lnms&tb
m=isch&sa=X&ved=0ahUKEwjrv73DhZDjAhVNE4gKHZ
YDAXAQ_AUIECgB&biw=1093&bih=486#imgrc=_etVJ6
vigorous in implementing land acquisition and
CZ_k_3GM:
distribution component of CARP. The DAR will
improve land tenure system through land distribution and
leasehold.
 Provision of Support Services - CARP not only involves the
distribution of lands but also included package of support services
which includes: credit assistance, extension services, irrigation
facilities, roads and bridges, marketing facilities and training and
technical support programs.
 Infrastructure Projects - DAR will transform the agrarian reform
communities (ARCs), an area focused and integrated delivery of
support services, into rural economic zones that will help in the
creation of job opportunities in the countryside.
 KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were
also launched. These zones consists of one or more municipalities
with concentration of ARC population to achieve greater
agro-productivity.
 Agrarian Justice - To help clear the backlog of agrarian cases, DAR
will hire more paralegal officers to support undermanned
adjudicatory boards and introduce quota system to compel
adjudicators to work faster on agrarian reform cases. DAR will
respect the rights of both farmers and landowners.

President Benigno Aquino III (2010-2016)
President Benigno Aquino III vowed during his
2012 State of the Nation Address that he would
complete before the end of his term the Comprehensive
Agrarian Reform Program (CARP), the centerpiece
program of the administration of his mother, President
Corazon Aquino.
The younger Aquino distributed their family-
owned Hacienda Luisita in Tarlac. Apart from the said
farm lots, he also promised to complete the
distribution of privately-owned lands of productive
https://www.google.com/search?rlz=1C1CHBD_enPH767PH 76
7&biw=1093&bih=486&tbm=isch&sa=1&ei=yRsYXamQFrDxhwP
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agricultural estates in the country that have escaped

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the coverage of the program.

Under his administration, the Agrarian Reform Community
Connectivity and Economic Support Services (ARCCESS) project was
created to contribute to the overall goal of rural poverty reduction
especially in agrarian reform areas.
Agrarian Production Credit Program (APCP) provided credit support
for crop production to newly organized and existing agrarian reform
beneficiaries’ organizations (ARBOs) and farmers’ organizations not
qualified to avail themselves of loans under the regular credit windows
of banks.
The Legal Case Monitoring System (LCMS), a web-based legal
system for recording and monitoring various kinds of agrarian cases at
the provincial, regional and central offices of the DAR to ensure faster
resolution and close monitoring of agrarian-related cases, was also
launched.
Aside from these initiatives, Aquino also enacted Executive Order
No. 26, Series of 2011, to mandate the Department of Agriculture,
Department of Environment and Natural Resources and Department of
Agrarian Reform Convergence Initiative to develop a National Greening
Program in cooperation with other government agencies.
President Rodrigo Roa Duterte

(2016 to present)
Under his leadership, the President wants to
pursue an “aggressive” land reform program that
would help alleviate the life of poor Filipino
farmers by prioritizing the provision of support
services alongside land distribution.
The President directed the DAR to launch the
2nd phase of agrarian reform where landless
farmers would be awarded with undistributed
lands under the Comprehensive Agrarian Reform
https://www.google.com/search?q=rodrigo+duterte&rlz=1C1CHBD_enPH76
7PH767&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjd2u_uk5DjAhVNZt4KH
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Program (CARP).

Duterte plans to place almost all public lands, including military
reserves, under agrarian reform.
The President also placed 400 hectares of agricultural lands in
Boracay under CARP.
Under his administration the DAR created an anti-corruption task
force to investigate and handle reports on alleged anomalous activities
by officials and employees of the department.
The Department also pursues an “Oplan Zero Backlog” in the
resolution of cases in relation to agrarian justice delivery of the agrarian
reform program to fast-track the implementation of CARP.
AGRARIAN REFORM DEFINED

Agrarian Reform means redistribution of lands, regardless of
crops or fruits produced, to farmers and regular farmworkers who are
landless, irrespective of tenurial arrangement, to include the totality of
factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical
redistribution of lands, such as production or profit-sharing, labor
administration, and the distribution of shares of stocks, which will
allow beneficiaries to receive a just share of the fruits of the lands they
work.(Sec.3 (a), R.A. No. 6657)
Gleaned from the foregoing definition, agrarian reform is not
confined to distribution of lands to landless farmers and regular
farmworkers – it includes other alternative modes, such as: (a) labor
administration; (b) profit – sharing; and (c) stock distribution. The
reason is because to confine agrarian reform to land distribution is
simply not feasible, considering, there is not enough agricultural land
that can be distributed to every farmer or regular farmworker.
However, under Presidential Decree. No. 27, Land Reform refers to
land distribution restricting the scope of land reform to tenanted private
agricultural lands primarily devoted to rice and corn lands operating
under a system of share-crop or lease tenancy whether classified as
landed estate or not. and set the retention limit at 7 hectares.
Having said that, the land coverage of RA 6657 is different from
Presidential Decree No. 27 because the former covers ALL agricultural
lands while the latter covers Private agricultural lands (primarily
devoted to rice and corn). It also differs with respect to the retention
limits of the land; the former is limit is five hectares while the latter is
seven hectares.
Constitutional or Unconstitutional
Article XIII, Section 4 of the 1987 Constitution provides that the
State shall, by law, undertake an agrarian reform program founded on
the right of farmers and regular farmworkers who are landless, to own
directly or collectively the lands they till or, in the case of other

farmworkers, to receive a just share of the fruits thereof. To this end,
the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention
limits as the Congress may prescribe, considering ecological,
developmental, or equity considerations, and subject to the payment of
just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide
incentives for voluntary land-sharing.
The Comprehensive agrarian reform law is constitutional because
it is a valid exercise of police power.
PURPOSE AND APPLICATION OF AGRARIAN REFORM

The primary purpose of agrarian reform is to divide agricultural
lands and transform them into economic – size farms to be owned by
the farmers themselves, in view of uplifting their socio – economic
status.
Economic family – size farm means an area of farm land that
permits efficient use of labor and capital resources of the farm family
and will produce an income sufficient to provide a modest standard of
living to meet a farm family’s needs for food, clothing, shelter and
education with possible allowance for payment of yearly installments on
the land, and reasonable reserves to absorb yearly fluctuations in
income.
However, the Comprehensive Agrarian Reform Law does not apply
to lands classified as residential, commercial, industrial, mineral, or
forest land but ONLY APPLIES to agricultural land.
Agricultural land, on the other hand, refers to land devoted to
agricultural activity and not classified as mineral, forest, residential,
commercial or industrial land. It contemplates lands that are arable and
suitable for farm.
Question: How about the lands devoted to raising livestock,
poultry, or fish? Is it considered in the term “agriculture”?
Answer: NO, Lands devoted to raising of livestock, poultry, and
swine are classified as industrial, not agricultural, hence, exempt
from the agrarian reform program.
The inclusion of lands devoted to raising of livestock, poultry, and

swine within the term “agriculture” is incorrect because in livestock,
poultry, or swine farming, no land is tilled, and no crop is harvested.
Land is not the primary resource in raising of livestock, poultry, or even
swine. Livestock, poultry, or swine do not sprout from the land, hence,
they are not “fruits of the land”.
Moreover, any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands
devoted to agriculture, including disputes concerning farmworkers'

associations or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
such tenurial arrangements is called agrarian disputes.
It includes any controversy relating to compensation of lands
acquired under this Act and other terms and conditions of transfer of
ownership from landowners to farmworkers, tenants and other agrarian
reform beneficiaries, whether the disputants stand in the proximate
relation of farm operator and beneficiary, landowner and tenant, or
lessor and lessee.
LANDS COVERED BY THE AGRARIAN REFORM LAW AND

ITS EXCLUSIONS
The comprehensive Agrarian Reform Law, generally covers all
public and private agricultural lands, including other lands of the
public domain suitable for agriculture. More specifically the following
lands:
(a) All alienable and disposable lands of the public domain devoted
to or suitable for agriculture. No reclassification of forest or mineral
lands to agricultural lands shall be undertaken after the approval of
this Act until Congress, taking into account ecological,
developmental and equity considerations, shall have determined by
law, the specific limits of the public domain.
(b) All lands of the public domain in excess of the specific limits as
determined by Congress in the preceding paragraph;
(c) All other lands owned by the Government devoted to or suitable
for agriculture; and
(d) All private lands devoted to or suitable for agriculture regardless
of the agricultural products raised or that can be raised thereon.
On the contrary, the following lands are not covered:
(a) Private lands with a total area of five (5) hectares and below;
(b) Lands actually, directly and exclusively used and found to be
necessary for parks, wildlife, forest reserves, reforestation, fish
sanctuaries and breeding grounds, watersheds, and mangroves,
(c) Lands actually, directly and exclusively used and found to be
necessary national defense, school sites and campuses including
experimental farm stations operated by public or private schools for
educational purposes, seeds and seedlings research and pilot
production centers, church sites and convents appurtenant thereto,
mosque sites and Islamic centers appurtenant thereto, communal
burial grounds and cemeteries, penal colonies and penal farms
actually worked by the inmates, government and private research
and quarantine centers and all lands with eighteen percent (18%)
slope and over, except those already developed;

(d) Private lands actually, directly and exclusively used for prawn
farms and fishponds.
Therefore, we now conclude that if the land is one of those
abovementioned not covered, the agrarian reform law does not apply
but only to those land that are specifically mentioned.
ANCESTRAL LAND DEFINED; AS EXEMPTIONS; JURISDICTION TO

EXEMPT PROPERTY
Ancestral land refers to the lands of the indigenous cultural
community that includes, but not be limited to, lands in the actual,
continuous and open possession and occupation of the community and
its members. It is the land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since
time immemorial, by themselves or through their predecessors-in-
interest, under claims of individual or traditional group ownership,
continuously, to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth, or as a consequence
of government projects and other voluntary dealings entered into by
government and private individuals/corporations, including, but not
limited to, residential lots, rice terraces or paddies, private forests, and
tree lots; land of the public domain.
Furthermore, ancestral lands are considered as exemption from
the coverage of the agrarian reform program because it respects and
recognizes the system of land ownership, land use and mode of settling
land disputes of all indigenous cultural communities, in line with the
principle of self-determination and autonomy.
In addition, lands actually, directly, and exclusively used and
found necessary for school cites are exempted from the coverage of the
agrarian reform for the reason that the School is in the best position to
determine whether or not the land is necessary for use as school site.
Furthermore, the jurisdiction to exempt or to exclude a property from
agrarian reform coverage is vested to the Secretary of Agrarian Reform.
Commercial Farming
Commercial farm are private
agricultural lands devoted to saltbeds,
fishponds and prawn ponds, fruit
farms, orchards, vegetable and
cut-flower farms, and cacao, coffee and
rubber plantations.
Acquisition of commercial farms
may be done through voluntary offer to
sell (VOS), Compulsory Acquisition
(CA), or Direct payment scheme (DPS).
https://www.google.com/search?q=commercial+farming&rlz=1C1CHBD_enPH767PH767&source=l nms&tbm=
isch&sa=X&ved=0ahUKEwjquZ6-6ZDjAhVMeXAKHRvjBrUQ_AUIECgB&biw=1093&bih=486#imgrc=cJk-kTAnM3RMWM:
Consequently, commercial farms may
be distributed individually or collectively. Individual beneficiaries are
entitled to three (3) hectares each or a minimum of one (10) hectare
each, if the land is insufficient to accommodate them. If it is not
economically feasible and sound to divide the beneficiaries will be
obliged to form a worker’s cooperation or association.
However, the order of priority shall be observed in the distribution
in the following order:
a) Agricultural lessees and share tenants;
b) Regular farm workers;
c) Seasonal farm workers;
d) Other farm workers;
e) Actual tillers or occupants of public lands;
f) Collectives or cooperatives of the above beneficiaries; and
g) Other directly working on the land.
Moreover, for one to be considered a qualified commercial farm
beneficiary the following qualifications must be present:
a) Must be 18 years old at the time of the filing of the application as
a beneficiary;
b) Must have the willingness, aptitude, and ability to cultivate and
make the land productive; and
c) Must have been employed in the commercial farm between June
15, 1988 and June 15, 1998 or upon the expiration of the
deferment.
Take note, however that the compulsory acquisition and
distribution has been deferred for ten (10) years from the effectivity of
the Act (June15, 1988) for farms already existing when the law took
effect and in the case of new farms, from the first year of commercial
production and operation, as determined by the DAR. Also farm workers
who have worked the longest on the land continuously will be given
priority.
On the contrary, the following are disqualified from becoming a
commercial farm beneficiary:
a) Those who have mandatorily retired from service;
b) Those who have optionally retired from service;
c) Those who have resigned from working in the farm;
d) Those who have been Dismissed for cause by final judgment as
prescribed under labor laws;
e) Those who have Waive or refuse to be a beneficiary; and
f) Those who have committed violation of agrarian reform laws and
regulations as determined with finality after proper proceedings
by appropriate tribunal or agency.
Criteria for the Awards of Retention in Commercial Farms

The following are the criteria for the awards of retention:

a) The land is a private agricultural land;
b) The area is compact and contiguous, and the least prejudicial to
the entire landholding and the majority of farmers therein;
c) The Landowner shall execute an affidavit as to the aggregate area
of his landholding in the entire Philippines;
d) The Landowner shall also submit a list of his children which are
at least 15 years of age and above, who are actually cultivating the
land or directly managing the farm since 6/15/1988 for
identification of the preferred beneficiaries, as well as evidence
thereof.
e) The Landowner shall also to execute an affidavit stating the
names of all farmers, agricultural lessees and share tenants,
regular farmworkers, seasonal farmworkers, other farmworkers,
actual tillers or occupants, and/or other persons directly working
on the land; if there are no such persons, a sworn statement
attesting to such fact.
Furthermore, the right of retention is granted to the owners of
commercial farms, whether individual or corporate pursuant to Section
6 of R.A. 6657. The landowner may choose the area to be retained,
provided it is compact and contiguous, and shall be the least prejudicial
to the entire landholdings and the majority of farmers therein. He can
exercise his right to retain any time before receipt of the notice of
coverage, any time before the landholding is subject to schedule of
implementation under CARP coverage. If it is under the CA scheme,
within 60 days from the receipt of notice of coverage and if under the
VOS/VLT or DPS schemes, simultaneous with the offer to sell or
transfer.
Consequently, the obligation of the landowner over the retained
lands are as follows:
a) To cultivate the land directly or thru labor administration;
b) To make it productive;
c) To respect the security of tenure of the farmers or farmworkers on
the land prior to the approval of RA 6657;
d) To retain the actual tenant farmers in the landholdings; and
e) To register within 3 months after 6/15/1988 all transactions such
as sale, disposition, lease or transfer with the Regional Director
(RD) to be valid.
In addition, beneficiaries of distributed commercial farms shall

have full freedom to choose the type of agribusiness venture
arrangement that will maintain the economic viability and productivity
of the farm, the freedom to market their products or enter into
appropriate marketing arrangements, and the freedom to avail of the
services of individuals, associations or non-government organizations
who will assist them in negotiating for the most advantageous

agribusiness venture arrangement, enterprise development, and
capability building to wit:
The following are the types agribusiness venture arrangements
which commercial farm beneficiaries or their cooperatives may enter;
a) Build – Operate – Transfer Scheme
b) Contract Growing/Growership Arrangement
c) Joint Venture Arrangement
d) Lease Agreement
e) Management Contract
Firstly, Build-Operate-Transfer (BOT) Scheme is a contractual
arrangement entered into, whereby the project proponent undertakes
the construction, including financing, of a given infrastructure facility
and the operation and maintenance thereof for an agreed period of time,
but not to exceed twenty-five (25) years, subject to extension pursuant
to R.A. 6947, as amended.
Secondly, Contract Growing Arrangement is an agribusiness
arrangement whereby the ARBs own the land and commit, either
collectively through their cooperative or individually, to produce certain
crops for an investor or agribusiness firm that contracts to buy the
produce at pre-arranged terms.
Thirdly, Joint Venture Agreement is an agribusiness venture
whereby a company is organized and co-owned by an investor and the
agrarian reform beneficiaries through their cooperatives or associations.
The investor may provide the management and marketing skills,
technology infrastructure, and capital while the ARBs' contribution/
participation in the joint venture includes labor, the usufructuary rights
to the land, and capital, infusion, if available.
Fourthly, Lease Arrangement is an agribusiness scheme whereby
the ARB's, through their cooperative or farmworkers' association, enter
into a contract of lease with the landowner/investor. The lessee shall
have farm control and operations within an agreed period but not to
exceed ten (10) years, subject to extension upon mutual agreement of
both parties. The lease rental shall not be less than the amortization to
be paid by the ARBs to the Land Bank of the Philippines (LBP) pursuant
to DAR Administrative Order No. 6, Series of 1998, and other pertinent
laws, rules and regulation.
Lastly, Management Contract is an agribusiness arrangement
whereby the ARBs, or their cooperative/organization, hire the services
of the landowner or an investor to manage and operate the farm in
exchange for fixed wages or commission.
Determination of Lease Rentals

In order to protect and improve the tenurial and economic status of
the farmers in tenanted lands under the retention limit and lands not
yet acquired under this Act, the DAR is mandated to determine and fix

immediately the lease rentals thereof in accordance with Section 34 of
Republic Act No. 3844, as amended:
provided, that the DAR shall immediately and periodically review
and adjust the rental structure for different crops, including rice
and corn, or different regions in order to improve progressively the
conditions of the farmer, tenant or lessee.
The following are the fixed rentals:
a) The lease rental for sugarcane lands shall be not more than
twenty five percent (25%) of average normal harvest less the value
of the cost of seeds/cane points, harvesting (cutting), loading,
hauling, and/or trucking fee, and cost of processing, pursuant to
Section 34 of R.A. No. 3844.
b) The lease rental for the coconut lands shall not be more than
twenty-five percent (25%) of the average normal harvest for a
specific area for the preceding three (3) calendar years less the
value of production cost;
c) The lease rentals for lands devoted to rice and other crops shall
be twenty five percent (25%) of the normal harvest after deducting
the amount used for seeds and the cost of harvesting, or
threshing. If if there has been no normal harvests, then the
estimated normal harvest during the three (3) agricultural years
immediately preceding the date the lease hold was established.
Production Sharing Plan

Any enterprise adopting the scheme provided for in Section 32 of
R.A 6657 or operating under a production venture, lease, management
contract or other similar arrangement and any farm covered by Sections
8 and 11 of R.A. 6657 is hereby mandated to execute within ninety (90)
days from the effectivity of this Act, a production-sharing plan, under
guidelines prescribed by the appropriate government agency. Hence,
Production Sharing Plan applies only to Commercial Farms, Farms
operating under a production venture, lease, management contract or
other similar arrangements, and Farms leased by multinational
companies.
Registration of Landowners
Generally, all persons, natural or juridical, including government
entities, that own or claim to own agricultural lands, whether in their
names or in the name of others shall file a sworn statement within one
hundred eighty (180) days from the effectivity of this Act in the proper
assessor's office in the form to be prescribed by the DAR, stating the
following information:
(a) the description and area of the property;
(b) the average gross income from the property for at least three (3)
years;
(c) the names of all tenants and farmworkers
therein;
(d) the crops planted in the property and the
area covered by each crop as of June 1,
1987;
(e) the terms of mortgages, lease, and
management contracts subsisting as of
June 1, 1987, and
(f) the latest declared market value of the
land as determined by the city or
provincial assessor.
Except those who have already registered
pursuant to Executive Order No. 229, who shall
be entitled to such incentives as may be Photo from kittlesoncarpo.com & snappedandscribbled.com
provided for the PARC.
Registration of Beneficiaries
On the other hand, The DAR in coordination with the Barangay
Agrarian Reform Committee (BARC) as organized in this Act, shall
register all agricultural lessees, tenants and farmworkers who are
qualified to be beneficiaries of the CARP. These potential beneficiaries
with the assistance of the BARC and the DAR shall provide the following
data:
(a) names and members of their immediate farm household;
(b) owners or administrators of the lands they work on and the
length of tenurial relationship;
(c) location and area of the land they work;
(d) crops planted; and
(e) their share in the harvest or amount of rental paid or wages
received.
A copy of the registry or list of all potential CARP beneficiaries in
the barangay shall be posted in the barangay hall, school or other
public buildings in the barangay where it shall be open to inspection by
the public at all reasonable hours.
The reason for such registration of landowners is for the
Department of Agrarian Reform to identify the owners of the lands and
to be able to assess whether such land is covered and effectively
implement the program. While, the reason for the registration of
beneficiaries is to have data records of potential and qualified
beneficiaries.
Procedure for Acquisition of Private Lands

For purposes of acquisition of private lands, the following
procedures shall be followed:

(a) After having identified the land, the landowners and the
beneficiaries, the DAR shall send its notice to acquire the land to
the owners thereof, by personal delivery or registered mail, and
post the same in a conspicuous place in the municipal building
and barangay hall of the place where the property is located. Said
notice shall contain the offer of the DAR to pay a corresponding
value in accordance with the valuation set forth in Sections 17,
18, and other pertinent provisions hereof.
(b) Within thirty (30) days from the date of receipt of written notice
by personal delivery or registered mail, the landowner, his
administrator or representative shall inform the DAR of his
acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the DAR, the Land Bank of
the Philippines (LBP) shall pay the landowner the purchase price
of the land within thirty (30) days after he executes and delivers a
deed of transfer in favor of the government and surrenders the
Certificate of Title and other muniments of title.
(d) In case of rejection or failure to reply, the DAR shall conduct
summary administrative proceedings to determine the
compensation for the land requiring the landowner, the LBP and
other interested parties to submit evidence as to the just
compensation for the land, within fifteen (15) days from the
receipt of the notice. After the expiration of the above period, the
matter is deemed submitted for decision. The DAR shall decide
the case within thirty (30) days after it is submitted for decision.
(e) Upon receipt by the landowner of the corresponding payment or,
in case of rejection or no response from the landowner, upon the
deposit with an accessible bank designated by the DAR of the
compensation in cash or in LBP bonds in accordance with this
Act, the DAR shall take immediate possession of the land and
shall request the proper Register of Deeds to issue a Transfer
Certificate of Title (TCT) in the name of the Republic of the
Philippines. The DAR shall thereafter proceed with the
redistribution of the land to the qualified beneficiaries.
(f) Any party who disagrees with the decision may bring the matter
to the court of proper jurisdiction for final determination of just
compensation.
Hence, it is important to note that for a law to be considered validly
implemented, the elements of due process must be present, which is
notice and hearing, failure to do so will render such enforcement null
and void. Under the law, there are two notices that must be given to the
landowner. First, is the Notice of coverage pursuant to DAR
Administrative Order No. 12, series of 1989; and second, Notice of
Acquisition Pursuant to Section 16 of R.A. 6657. Likewise, before any
title an ownership is transferred to the Government, just compensation

must be given to the landowners in full payment as determined by the
court of proper jurisdiction.
DETERMINATION OF JUST COMPENSATION

Just Compensation refers to the full and
fair equivalent of the property taken; the fair
market value of the property. It embraces not
only the correct determination of the amount to
be paid to the owners of the land but also the
payment for the land. The measure is not the
taker’s gain, but the owner’s loss.
In determining just compensation, the https://www.google.com/search?q=just+compensation&rlz=1C1CHBD_enPH767PH 767&s ou
rce=lnms&tbm=isch&sa=X&ved=0ahUKEwj1vq328pDjAhUKc3AKHdldCKoQ_AUIECgB&biw=1
cost of acquisition of the land, the current 093&bih=486#imgrc=Ops7579SoeEezM:
value of the like properties, its nature, actual use and income, the
sworn valuation by the owner, the tax declarations, and the assessment
made by government assessors shall be considered. The social and
economic benefits contributed by the farmers and the farmworkers and
by the Government to the property as well as the non-payment of taxes
or loans secured from any government financing institution on the said
land shall be considered as additional factors to determine its valuation.
The determination of just compensation under the Comprehensive
Agrarian Reform Law commences with the Land Bank determining the
value of the lands. Using the Land Bank’s valuation, the Department of
Agrarian Reform makes an offer to the landowner. In case the
landowner rejects the offer, the Department of Agrarian Reform
conducts a summary administrative proceeding to determine the
compensation for the land by requiring the landowner, the Land Bank
and other interested parties to submit evidence as to the just
compensation. The just compensation payment can only be source from
the agrarian reform fund and if the fund is insufficient, payment shall
be charged against the debt service program of the national government
or any unprogrammed item in the General Appropriation Act.
Furthermore, a party who disagrees with the decision of adjudicator
may bring the matter to the Regional Trial Court designated as a Special
Agrarian Court for final determination of just compensation.
Valuation and Mode of Compensation

The LBP shall compensate the landowner in such amounts as may
be agreed upon by the landowner and the DAR and the LBP, in
accordance with the criteria provided for in Sections 16 and 17 of R.A.
6657, and other pertinent provisions, or as may be finally determined
by the court, as the just compensation for the land.
The compensation shall be paid on one of the following modes, at
the option of the landowner:

1) Cash payment, under the following terms and conditions:
(a) For lands above fifty (50) Twenty-five percent (25%) cash, the balance
hectares, insofar as the excess to be paid in government financial
hectarage is concerned. instruments negotiable at any time.
(b) For lands above twenty-four Thirty percent (30%) cash, the balance to be
(24) hectares and up to fifty (50) paid in government financial instruments
hectares. negotiable at any time.
(c) For lands twenty-four (24) Thirty-five percent (35%) cash, the balance to
hectares and below. be paid in government financial instruments
negotiable at any time.
(2) Shares of stock in government-owned or controlled corporations,

LBP preferred shares, physical assets or other qualified investments
in accordance with guidelines set by the PARC;
(3) Tax credits which can be used against any tax liability;
(4) LBP bonds, which shall have the following features:
(a) Market interest rates aligned with 91-day treasury bill rates. Ten
percent (10%) of the face value of the bonds shall mature every year
from the date of issuance until the tenth (10th) year: provided, that
should the landowner choose to forego the cash portion, whether in
full or in part, he shall be paid correspondingly in LBP bonds;
(b) Transferability and negotiability. Such LBP bonds may be used
by the landowner, his successors in interest or his assigns, up to
the amount of their face value, for any of the following:
(i) Acquisition of land or other real properties of the
government, including assets under the Asset Privatization Program
and other assets foreclosed by government financial institutions in
the same province or region where the lands for which the bonds
were paid are situated;
(ii) Acquisition of shares of stock of government-owned or
-controlled corporations or shares of stocks owned by the
government in private corporations;
(iii) Substitution for surety or bail bonds for the provisional
release of accused persons, or performance bonds;
(iv) Security for loans with any government financial
institution, provided the proceeds of the loans shall be invested in
an economic enterprise, preferably in a small-and medium-scale
industry, in the same province or region as the land for which the
bonds are paid;
(v) Payment for various taxes and fees to government;
provided, that the use of these bonds for these purposes will be
limited to a certain percentage of the outstanding balance of the
financial instruments: provided, further, that the PARC shall
determine the percentage mentioned above;

(vi) Payment for tuition fees of the immediate family of the
original bondholder in government universities, colleges, trade
schools, and other institutions;
(vii) Payment for fees of the immediate family of the original
bondholder in government hospitals; and
(viii) Such other uses as the PARC may from time to time
allow.
In case of extraordinary inflation, the PARC shall take
appropriate measures to protect the economy.
Meanwhile, the factors in the valuation of lands are as follows:

a) Capitalized Net Income which is based on land use and
productivity;
b) Comparable Sales which is based 70% of the BIR zonal value; and
c) Market Value which is based on the Tax Declaration.
When Landowners, other than banks and other financial
institutions voluntarily offer their lands for sale, an additional five
percent (5%) cash payment is given. Landowners of agricultural lands
may enter into a voluntary arrangement for direct transfer of their lands
to qualified beneficiaries subject to the following guidelines:
(a) All notices for voluntary land transfer must be submitted to the
DAR within the first year of the implementation of the CARP.
Negotiations between the landowners and qualified beneficiaries
covering any voluntary land transfer which remain unresolved
after one (1) year shall not be recognized and such land shall
instead be acquired by the government and transferred pursuant
to this Act.
(b) The terms and conditions of such transfer shall not be less
favorable to the transferee than those of the government's
standing offer to purchase from the landowner and to resell to
the beneficiaries, if such offers have been made and are fully
known to both parties.
(c) The voluntary agreement shall include sanctions for
non-compliance by either party and shall be duly recorded and
its implementation monitored by the DAR.
However, Voluntary land transfer was only allowed up to June 30,
2009. At present the modes of acquisition are limited to voluntary offer
to sell and compulsory acquisition. In addition, the farmer beneficiary
pays the agreed price of the land directly to the landowner.
LAND REDISTRIBUTION
Qualified Beneficiaries
General Qualifications. All agrarian reform beneficiaries must be: Land-
less as defined by R.A. No. 6657, as amended, to wit:
 He must be Filipino citizen;

He is a permanent resident of the barangay and/or municipality
where the landholding is located as provided under Section 22 of
R.A. No. 6657, as amended.
 He is at least fifteen (15) years of age at the time of identification,
screening and selection of farmer-beneficiaries; and
 Willing, able, and equipped with the aptitude to cultivate and
make the land productive.
In addition to the abovementioned requisites, the applicant must
have been employed as of June 15, 1988 in the landholding covered
under CARP for Farmworkers in Commercial Farms and Plantations.
However, all farmworkers who are holding managerial or supervisory
positions as of June 15, 1988 shall NOT QUALIFY as Agrarian Reform
Beneficiaries (ARB). Nevertheless, farmworkers who were promoted to
managerial or supervisory positions after they were identified, screened
and selected shall remain as qualified ARBs.
Order of priority of qualified beneficiaries

Qualified beneficiaries shall be prioritized as follows:
a) Fifteen years old of age who actually tills the land or directly
managing the farm;
b) agricultural lessees and share tenants;
c) regular farmworkers;
d) seasonal farmworkers;
e) other farmworkers;
f) actual tillers or occupants of public lands;
g) collectives or cooperatives of the above beneficiaries; and
h) others directly working on the land.
Take note that pursuant to Sec. 22 of R.A. 6657, children of the
landowners enjoy preference among others. Thereafter, it will accommo-
date (b) agricultural lessees to (h) others directly working on the land in
that order.
Grounds of Disqualifications
The following are grounds for disqualification in the identification of
ARBs of the CARP:
(a) Failure to meet the qualifications as provided for under Section
22 of R.A. No. 6657, as amended;
(b) Execution of a waiver of right to become an ARB in exchange for
due compensation and such waiver has not been questioned in the
proper government entity as of the approval of this Order;
(c) Non-payment of an aggregate of three (3) annual amortizations
and failure to exercise the right of redemption/repurchase within
two (2) years resulting in the foreclosure of mortgage by the LBP of a
previously awarded land;

(d) Deliberate non-payment of three (3) annual amortizations to the
landowner (LO) resulting in the repossession by the landowner
(in the case of voluntary land transfer/direct payment scheme or
VLT/DPS) of the awarded land;
(e) Dismissal from the service for cause upon a judgment that is
final and executory (and there is no case filed questioning said
dismissal) as of the approval of this Order and if there is any
such case, the same has been affirmed with finality by the
proper entity of government;
(f) Obtaining a substantially equivalent and regular employment, as
defined in Item III (9) of this Order;
(g) Retirement from the service, whether optional or mandatory, or
voluntary resignation, provided this was not attended by
coercion and/or deception, and there is no case questioning said
retirement or voluntary resignation by the applicant as of the
date of approval of this Order;
(h) Misuse or diversion of financial support services extended by
government (Section 37 of R.A. No. 6657, as amended);
(i) Negligence or misuse of the land or any support extended by
government (Section 22 of R.A. No. 6657, as amended);
(j) Material misrepresentation of the ARB's basic qualifications as
provided for under Section 22 of R.A. No. 6657, as amended,
P.D. No. 27, and other agrarian laws;
(k) Sale, disposition, or abandonment of the lands awarded by
government under CARP or P.D. No. 27 which is violative of the
agrarian laws;
(l) Conversion of agricultural lands to non-agricultural use without
prior approval from the DAR;
(m) Final judgment for forcible entry into the property or for
unlawful detainer; and IDETCA
(n) Commission of any violation of the agrarian reform laws and
regulations, or related issuances, as determined with finality
after proper proceedings by the appropriate tribunal or agency.
Only after the agricultural lessees and share tenants, and regular
farmworkers have each been awarded three (3) hectares pursuant to
Section 8 of R.A. No. 9700, shall other qualified beneficiaries such as
seasonal farmworkers, other farmworkers, actual tillers/occupants of
public lands, collectives or cooperatives of the above beneficiaries, and
others directly working on the land, be accommodated.
The child of a Landowner (LO) shall be given preference in the
distribution of his/her parent's land pursuant to existing rules and
regulations on award to children of LOs provided he/she meets all of
the following criteria:
(a) Filipino citizen;

(b) At least fifteen (15) years of age; and
(c) Actual tiller or directly managing the farm as of the time of the
conduct of field investigation of the landholding under CARP.
However, only untenanted portions of the landholding may be
subject to award to qualified children of the LO and actual tenant-tillers
in the landholding shall not be ejected or removed therefrom. An LO's
child cannot claim that he/she is directly managing the farm or a
specific area of tillage, if the same has tenants or lessees, considering
that the tenants on the land have the right to directly manage the land
or area of tillage with the obligation to pay the LO lease rental therefor.
Regarding the distribution limit of agricultural land that can be
awarded and owned by an agrarian reform beneficiary the maximum
area is three (3) hectares. Thus, if a farm worker or tenant owns one (1)
hectare of agricultural land, he can still be awarded two (2) hectares. If
the landholding is insufficient to cover the three (3) hectare limit for
each agricultural lessee or tenant, the area to be divided to them will be
based on the actual tillage by each of them, but if it is more than
enough, the excess will be distributed to the ARB’s in the following
order of priority: a) seasonal farm workers; b) other farm workers; c)
actual tillers or occupants of public lands; d) collectives or cooperatives
of the above beneficiaries.
Certificate of Land Ownership Award (CLOA)

Title and ownership over the land
can only be transferred to the
beneficiaries upon full payment of the
just compensation to landowner. The
CLOA shall only be issued upon full
payment of amortization by the farmer
beneficiary.
As a result of the CLOA, an original
or transfer certificate of title will be
issued. In case a cancellation of the
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CLOAs and other title issued under the

program, the Secretary of the Department of Agrarian Reform has
exclusive and original jurisdiction on those matters.
Grounds for the Cancelation of CLOAs

CLOAs may be cancelled if the following grounds are present, to
wit:
 Abandonment of the Land;
 Neglect or misuse of land;
 Failure to pay three (3) annual amortization;
 Misuse or diversion of financial and support services;
 Sale, Transfer or conveyance of the right to use the land; and

 Illegal conversion
Agrarian Reform Beneficiaries Obligations

The obligation of the ARB are as follows:
a) To exercise due diligence in the use, cultivation, and
maintenance of the land, including improvements; and
b)To pay the Land Bank thirty (30) annual amortizations with six
percent (6%) interest per annum.
The Land Bank can forfeit the landholding and award it to the
other qualified beneficiaries if the beneficiary fails to pay the annual
amortization for three (3) times. Furthermore, forfeiting or foreclosing
the land will make the beneficiary permanently disqualified.
The rights and responsibilities of the beneficiaries will start from
the receipt of a duly registered CLOA and their actual physical
possession of the awarded land. Hence, the amortization will start one
year FROM THE DATE OF THE REGISTRATION of the CLOA, otherwise
the one year shall be reckoned from constructive occupation of the land
by the beneficiary if actual occupancy of the land takes place after the
registration of the CLOA.
Generally, the land should be awarded individually and should be
covered by an individual title, however, if the beneficiaries choose for
collective ownership like cooperative, collective ownership title may be
issued. Provided, the following conditions are complied with namely:
a) The farm management system of the land covered is not
appropriate for individual farming;
b) The farm labor system is specialized, where the farm workers are
organized by functions;
c) The beneficiaries are currently not farming individual parcels but
collectively work on large contiguous area; and
d) The farm consists of multiple crops being farmed in an integrated
manner or includes non- crop being farmed in an integrated
manner or includes non – crop production areas packing plants,
storage areas, dikes, and other similar facilities that cannot be
subdivided or assigned to individual farmers.
An emancipation Patent or CLOA must be indicated in the title of

the land awarded.
Transferability of Awarded Land

Lands acquired by beneficiaries under this Act may not be sold,
transferred or conveyed for a period of ten (10) years, except through
hereditary succession, or to the government, or the LBP, or to other
qualified beneficiaries.
Provided, however, that the children or the spouse of the transferor
shall have a right to repurchase the land from the government or LBP

within a period of two (2) years. Due notice of the availability of the land
shall be given by the LBP to the Barangay Agrarian Reform Committee
(BARC) of the barangay where the land is situated. The Provincial
Agrarian Reform Coordinating Committee (PARCCOM) as herein
provided, shall, in turn, be given due notice thereof by the BARC.
If the land has not yet been fully paid by the beneficiary, the rights
to the land may be transferred or conveyed, with prior approval of the
DAR, to any heir of the beneficiary or to any other beneficiary who, as a
condition for such transfer or conveyance, shall cultivate the land
himself. Failing compliance herewith, the land shall be transferred to
the LBP which shall give due notice of the availability of the land in the
manner specified in the immediately preceding paragraph.
In the event of such transfer to the LBP, the latter shall
compensate the beneficiary in one lump sum for the amounts the latter
has already paid, together with the value of improvements he has made
on the land.
It is worthy to note that beneficiary can lease the land to its former
owner. But this can only be done after obtaining approval from the DAR
through PARCCOM. It can also sell or transfer his rights over the land
to another even if it is not yet fully paid the amortization of the land
under the following conditions:
a) It must first obtain the approval of the Department of Agrarian
Reform;
b) The land should be sold only to an heir of the beneficiary or to any
other qualified beneficiary; and
c) The transferee must undertake to cultivate the land himself,
otherwise, the Land Bank will take the land for proper disposition;
The Land Bank will compensate the beneficiary (seller) in one lump
sum for the amounts he has already paid, together with the value of
improvements he has made on the land if the following conditions of
sale and transfer has been complied with.
Land Consolidation
The DAR shall carry out land consolidation projects to promote
equal distribution of landholdings, to provide the needed infrastructures
in agriculture, and to conserve soil fertility and prevent erosion.
Special Areas of Concern

As an integral part of the Comprehensive Agrarian Reform
Program, the following principles in these special areas of concern shall
be observed:
a) Subsistence Fishing
b) Logging and Mining Concessions.
c) Sparsely Occupied Public Agricultural Lands
d) Idle, Abandoned, Foreclosed and Sequestered Lands

e) Rural Women
f) Veterans and Retirees
g) Agriculture Graduates
Take note however, that farm settlements may be opened in the
areas of logging and mining concessions provided that the beneficiaries
will undertake reforestation and conservation production methods; as
well as sparsely occupied public agricultural lands for qualified landless
people pursuant to an organized program to ensure orderly
development. On the other hand, Section 40 (5) of the CARL provides
that all qualified women members of the agricultural labor force are
guaranteed and assured of the following rights in relation to support
services:
 Equal rights to ownership of the land;
 Equal shares of the farm’s produce; and
 Representation in advisory or appropriate decision- making bodies.
Financial Intermediary for the CARP

The financial intermediary for the CARP is the Land Bank of
the Philippines. Hence, LBP shall insure that the social justice
objectives of the CARP shall enjoy a preference among its priorities.
Conversion of lands
Conversion is the act of changing the current use of an agricultural
land into non – agricultural use as approved by the DAR. On the other
hand, reclassification is the act of specifying how agricultural lands
shall be utilized for non – agricultural uses such as residential,
industrial and commercial as embodied in the land use plan, subject to
the requirements and procedures for land use conversion, A mere
reclassification of an agricultural land does not automatically allow a
landowner to change its use. He must undergo the process of
conversion before he is permitted to use the agricultural land for other
purposes.
The legal basis for the conversion of an agricultural land are as
follows:
a) Section 65 of REPUBLIC ACT (R.A.) No. 6657, AS AMENDED;
b) DAR AO No. 1, Series of 2002;
c) DOJ Opinion No. 44, SERIES of 1990;
d) Memorandum Circular No.1, Series of 2015;
Owners of private agricultural lands or other persons duly
authorized by the landowner; Beneficiaries of the agrarian reform
program after the lapse of five (5) years from award, reckoned from the
date of the issuance of the Certificate of Land Ownership Award (CLOA),
and who have fully paid their obligations and are qualified under these
Rules, or persons duly authorized by them; or Government agencies,
including government-owned or controlled corporations, and local

government units, which own agricultural land as their patrimonial
property may apply for land conversion. Furthermore, the conversion of
the land is only allowed after the lapse of five (5) years from its award,
when the land ceases to be economically feasible and sound for
agricultural purposes, or the locality has become urbanized and the
land will have a greater economic value for residential, commercial or
industrial purposes.
If the conversion application is granted, the beneficiary is required
to invest 10% of the proceeds from the conversion in government
securities and pay the Land Bank the full price of the land upon
conversion. In addition, the land will continue to be covered by the
CARP if the approved conversion plan is not implemented within five (5)
years from approval.
Areas that are Non-Negotiable for Conversion.

The following areas shall not be subject to conversion:
(a) Agricultural lands within protected areas designated under the
National Integrated Protected Areas System (NIPAS), including
watershed and recharged areas of acquifers, as determined by
the Department of Environment and Natural Resources (DENR);
(b) All irrigated lands, as delineated by the Department of
Agriculture (DA) and/or the National Irrigation Administration
(NIA), where water is available to support rice and other crop
production, and all irrigated lands where water is not available
for rice and other crop production but are within areas
programmed for irrigation facility rehabilitation by the DA and/or
the NIA; prcd
(c) All irrigable lands already covered by irrigation projects with firm
funding commitments, as delineated by DA and/or NIA; and
(d) All agricultural lands with irrigation facilities operated by private
organizations.
Applications for conversion involving areas non-negotiable for
conversion shall not be given due course, regardless of whether all or
some portions thereof are within areas highly restricted from conversion
or within priority development areas for conversion.
Areas Highly Restricted from Conversion

The following areas shall be classified as highly restricted from
conversion:
(a) Irrigable lands not covered by irrigation projects with firm
funding commitment;
(b) Agro-industrial croplands, or lands presently planted to
industrial crops that support the economic viability of existing
agricultural infrastructure and agro-based enterprises;
(c) Highlands or areas located in elevations of 500 meters or above

and have the potential for growing semi-temperate and usually
high-value crops;
(d) Lands issued with notice of land valuation and acquisition, or
subject of a perfected agreement between the landowner and the
beneficiaries under the voluntary land transfer/direct payment
scheme (VLT/DPS) under the Comprehensive Agrarian Reform
Program (CARP); and
(e) Environmentally critical areas (ECAs) as determined by the DENR
in accordance with law.
Applications for conversion involving areas highly restricted from
conversion shall require apart from the standard requirements, a
project feasibility study and environmental compliance certificate (ECC)
if within ECAs; The application shall be deliberated upon by the PARC
Land Use Technical Committee (PLUTC) and shall be approved by the
Secretary regardless of the area.
Conversion into Fishpond and Prawn Farms

Public agricultural lands can be converted into fishponds and
prawn farms provided the coastal zone is declared as suitable for
fishpond development by the provincial government with the
concurrence of the Bureau of Fisheries and Aquatic Resources (BFAR).
In such case, the Department of Environment and Natural Resources
(DENR) shall allow the lease and development of such area. However,
such declaration shall not apply to environmentally critical projects to
ensure the protection of river systems, aquifers and mangrove
vegetations from pollution and environmental degradation. Moreover,
small-farmer cooperatives and organizations shall be given preference in
the award of the Fishpond Lease Agreement (FLAs).
In case of private agricultural land, its conversion into fishpond
and prawn farms is also allowed but only up to five (5) hectares.
However, the Department of Agrarian Reform may approve the
conversion of more than five (5) hectares of private agricultural land to
fishponds and prawn under the following situations:
a) when the use of the land is more economically feasible and sound
for fishpond and/or prawn farm, as certified by the BFAR; and
b) when a simple and absolute majority of the regular farmworkers or
tenants agree to the conversion.
Take note that conversion of fishponds and prawns is one of the
amendments made to R.A. 6657.
Inventory, Protection of Mangrove Areas and Change of crops

In addition to the conversion of fishponds and prawns, it is worthy
to note that these topics of Inventory, Protection of mangrove areas
change of crops are part of the amendments made in the
Comprehensive Agrarian Reform Law.

Hence, the purpose of law in adding these provisions are to help the
Department of Agrarian Reform monitor the unauthorized conversion of
lands into fishponds and prawn farms and to harmonize agrarian
reform with the environmental law.
As mentioned in the previous topics, there are lands that are not
covered by the agrarian reform law and areas that are highly restricted
from conversion. It is highly restricted from conversion because apart
from the standard requirements, a project feasibility study and
environmental compliance certificate is required.
In regard to the change of crops to commercial crops or high value
crops the provision provides that it shall not be considered as a
conversion in the use or nature of the land provided the change of crops
shall not prejudice the rights of the tenants or leaseholders. The DARs
approval is also not required for its change of crops.
Exemptions from Taxes and Fees of Land Transfers

Transactions under this Act involving a transfer of ownership,
whether from natural or juridical persons, shall be exempted from taxes
arising from capital gains. These transactions shall also be exempted
from the payment of registration fees, and all other taxes and fees for
the conveyance or transfer thereof; provided, that all arrearages in real
property taxes, without penalty or interest, shall be deductible from the
compensation to which the owner may be entitled. The land acquired by
the agrarian beneficiaries and those retained by the landowner are also
exempted from transfer fees, registration fees etc. Moreover, in cases
falling within their jurisdiction, no injunction, restraining order,
prohibition or mandamus shall be issued by the regional trial courts,
municipal trial courts, municipal circuit trial courts, and metropolitan trial
courts against the DAR, the DA, the DENR, and the Department of
Justice to ensure that there will be no delays but to have and speedy
and smooth implementation of their program.
Bank Mortgages
Banks include banking institutions, commercial banks, savings
banks, mortgage banks, trust companies, building and loan
associations, branches and agencies in the Philippines of foreign banks,
and all other corporations, companies, partnerships and associations
performing banking functions in the Philippines.
Mortgage is an accessory contract whereby the debtor (or a third
person) guarantees the performance of the principal obligation by
subjecting real property or real rights as security in case of non-
fulfillment of said obligation within the period agreed upon.
Mortgagor is one who, having all or some title to property, by
written instrument, pledges that property for some particular purpose
such as security for a debt.
Redemption is a transaction by which the mortgagor reacquires or
buys back the property which may have passed under the mortgage or
divests the property of the lien which he may have created.
Right of Redemption is the right of the mortgagor to redeem the
mortgaged property within a certain period after it was sold for the
satisfaction of the mortgage debt.
For purposes of covering the property under the agrarian reform

program, the mortgagee shall be considered as the new landowner if
before the deposit of just compensation is made:
a) The mortgagee is the purchaser in the foreclosure sale and the
redemption period, as provided by law, has already expired in cases
where the right of redemption exists; or
b) The mortgagee is the purchaser in the foreclosure sale and said
foreclosure sale is confirmed by the court in cases where only equity of
redemption is provided.
The rights and privileges of the mortgagee as new landowner are as

follows:
As new landowner, the bank, financial institution, or other
concerned person shall be entitled, among others, to:
1) Receive all notices, advices, correspondence, and all other
communications from the DAR and/or LBP, such as, but not
limited to, Notice of Coverage, Notice of Land Valuation and
Acquisition, Letter-Requirement for Processing and Payment of
Claim, etc.;
2) Transact with DAR and/or LBP regarding all aspects of subject
land transfer claim, to the exclusion of all other persons;
3) Be named as the recipient of all cash and bond deposits; and
4) Receive all the proceeds of subject land transfer claim, less
deductions to which the land may be liable.
The obligations of the mortgagee as new landowner are as follows:

As new landowner, the mortgagee shall:
1) Comply with all the requirements for processing and payment of
the claim such as surrender of the Owner's Duplicate Copy of
Title; and
2) Sign all land transfer documents required as a consequence of
the processing and payment of the land transfer claim such as:
Deed of Assignment, Warranties and Undertaking, Deed of
Transfer, Deed of Confirmation of Coverage and Transfer, etc.
The mortgagee shall be considered a lienholder if on the date the

land transfer claim was received by the Land Bank of the Philippines
(LBP) from the Department of Agrarian Reform (DAR):

a) The mortgage debt is not yet due and demandable; or
b) The mortgage debt is already due and demandable, but the
mortgagee has not foreclosed on the property; or
c) The mortgage has already been foreclosed but the period to
exercise the right of redemption, in cases provided by law, has not
yet expired; or the foreclosure sale has not yet been confirmed by
the court in cases where there is only equity of redemption.
The rights and privileges of the mortgagee as a lienholder are as

follows:
As lienholder, the bank, financial institution, or other concerned
person shall be entitled, among others, to:
1) Receive payment for the obligation of the mortgagor from the land
transfer proceeds up to an amount equivalent to the landowner's
compensation value; and
2) Receive notices, advices, and all other communications pertaining
to the obligation of the landowner-debtor (mortgagor).
The obligations of the mortgagee as lienholder are as follows:

As lienholder, the mortgagee shall:
1) Issue a release of mortgage, or execute a deed of redemption, and
deliver the Owner's Duplicate Copy of Title after payment of the
value of the lien; and
2) Sign all other documents necessary to affect the cancellation of
the mortgage.
The term of contractual arrangements will be respected if at the
time when the land placed under agrarian reform coverage, any contract
of lease, management contract, grower or service contracts, will be
respected until their expiry, notwithstanding the fact that the land has
already been transferred to the beneficiaries. As to the debt secured by
mortgage on the land the government will assume the obligation in an
amount not exceeding what the landowner would receive as just
compensation if the land subject of agrarian reform coverage has been
mortgaged.
Hence, the sale or transfer of a mortgaged agricultural land as a
result of a bank’s foreclosure is not a criminal violation of the
Comprehensive Agrarian Reform Law.
The Presidential Agrarian Reform Council (PARC) Composition

The PARC is composed of the following:
Chairperson - The president of the Philippines
Vice - Chairperson - Secretary of Agrarian Reform
Members - Secretary of the Department of Agriculture;
- Department of Environment and Natural Resources;
- Department of Budget and Management;

- Department of Local Government;
- Department of Public Works and Highways;
- Department of Trade and Industry;
- Department of Finance;
- Department of Labor and Employment;
- Director-General of the National Economic and
Development Authority;
- President, Land Bank of the Philippines;
- Administrator, National Irrigation Administration;
- Administrator, Land Registration Authority;
- six (6) representatives of affected landowners to
represent Luzon, Visayas and Mindanao;
- six (6) representatives of agrarian reform beneficiaries,
two (2) each from Luzon, Visayas and Mindanao,
provided that one of them shall be from the cultural
communities.
Provided, that at least one (1) of them shall be from the
indigenous peoples: Provided, further, That at least one (1)
of them shall come from a duly recognized national
organization of rural women or a national organization of
agrarian reform beneficiaries with a substantial number of
women members: Provided, finally, That at least twenty
percent (20%) of the members of the PARC shall be women
but in no case shall they be less than two (2).
Provincial Agrarian Reform Coordinating Committee (PARCCOM)

The composition of PARCCOM are as follows:
Chairman - appointed by the President upon the recommendation
of the EXCOM;
Executive Officer - Provincial Agrarian Reform Officer;
One representative each - The Departments of Agriculture; The
Department of Environment and Natural Resources;
and The Land Bank of the Philippines,
One representative each - existing farmers' organizations,
agricultural cooperatives and non- governmental
organizations in the province;
Two representatives - from landowners, at least one of whom shall
be a producer representing the principal crop of the
province;
Two representatives - from farmer and farmworker-beneficiaries,
At least one - farmer or farmworker representing the principal crop
of the province, as members: provided, that in areas
where there are cultural communities, the latter
shall likewise have one representative.

The implementation of the Comprehensive Agrarian Reform
Program shall be made in a province by province basis taking into
account the peculiarities and needs of each place kind of crops needed,
land distribution workload, beneficiaries development activities and
other factors prevalent or obtaining in the area.
Moreover, the PARCCOM shall coordinate and monitor the
implementation of the CARP in the province. It shall provide
information on the provisions of the CARP, guidelines issued by the
PARC and on the progress of the CARP, in the province; in addition, it
shall recommend to the PARC the following:
(1) Market prices to be used in the determination of the profit
sharing obligation of agricultural entities in the province;
(2) Adoption of the direct payment scheme between the landowner
and the farmer and/or farmworker beneficiary: Provided, that the
amount and terms of payment are not more burdensome to the
agrarian reform beneficiary than under the compulsory coverage
provision of the CARL: Provided, further, That the agrarian
reform beneficiary agrees to the amount and terms of
payment: Provided, furthermore, That the DAR shall act as
mediator in cases of disagreement between the landowner and
the farmer and/or farmworker beneficiary; Provided, finally, That
the farmer and/or farmer beneficiary shall be eligible to borrow
from the LBP an amount equal to eighty-five percent (85%) of the
selling price of the land that they have acquired;
(3) Continuous processing of applications for lease back
arrangements, joint-venture agreements and other schemes that
will optimize the operating size for agricultural production and
also promote both security of tenure and security of income to
farmer beneficiaries: Provided, That lease back arrangements
should be the last resort.
Composition of the Barangay Agrarian Reform Council (BARC)

The BARC is composed of the following coming from:
a) Farmers and Farmworkers beneficiaries;
b) Farmer and Farmworkers non – beneficiaries;
c) Agricultural cooperatives;
d) Other farmer organizations;
e) Barangay Council;
f) Non – government organizations;
g) Landowners;
h)Land Bank;
i) Official of the Department of Agriculture assigned to the barangay;
j) Official of the Department of Environment and Natural Resources
assigned to the area; and
k) Department of Agrarian Reform Technologist assigned to the area

who shall act as the Secretary.
Functions of the BARC

The functions of the BARC shall be:
(a) To participate and give support to the implementation of
programs on agrarian reform;
(b) To mediate, conciliate or arbitrate agrarian conflicts and issues
that are brought to it for resolution; and
(c) To perform such other functions that the PARC, its Executive
Committee, or the DAR Secretary may delegate from time to time.
In addition to abovementioned functions provided, the BARC shall
have the following functions:
(a) Mediate and conciliate between parties involved in an agrarian
dispute including matters related to tenurial and financial
arrangements;
(b) Assist in the identification of qualified beneficiaries and
landowners within the barangay;
(c) Attest to the accuracy of the initial parcellary mapping of the
beneficiary's tillage;
(d) Assist qualified beneficiaries in obtaining credit from lending
institutions;
(e) Assist in the initial determination of the value of the land;
(f) Assist the DAR representatives in the preparation of periodic
reports on the CARP implementation for submission to the DAR;
(g) Coordinate the delivery of support services to beneficiaries; and
(h) Perform such other functions as may be assigned by the DAR.
The BARC shall also endeavor to mediate, conciliate and settle

agrarian disputes lodged before it within thirty (30) days from its taking
cognizance thereof. after the lapse of the thirty day period, it is unable
to settle the dispute, it shall issue a certificate of its proceedings and
shall furnish a copy thereof upon the parties within seven (7) days after
the expiration of the thirty-day period.

WORKSHEET 4.1A
NAME: SCORE:
YEAR/SECTION: DATE:
Identification: Fill in the blank the correct answer.

1. ______________________ is a transaction by which the mortgagor
reacquires or buys back the property which may have passed under
the mortgage or divests the property of the lien which he may have
created.
2. _______________________is an agribusiness arrangement whereby the
ARBs, or their cooperative/organization, hire the services of the
landowner or an investor to manage and operate the farm in exchange
for fixed wages or commission.
3. _______________________is the act of changing the current use of an
agricultural land into non – agricultural use as approved by the DAR.
4. _______________________ are private agricultural lands devoted to
saltbeds, fishponds and prawn ponds, fruit farms, orchards, vegetable
and cut-flower farms, and cacao, coffee and rubber plantations.
5. _______________________ refers to land devoted to agricultural activity
as defined in this Act and not classified as mineral, forest, residential,
commercial or industrial land.
6. _______________________ refers to the lands of the indigenous
cultural community that includes, but not be limited to, lands in the
actual, continuous and open possession and occupation of the
community and its members.
7. _______________________ is an agribusiness venture whereby a
company is organized and co-owned by an investor and the agrarian
reform beneficiaries through their cooperatives or associations.
8. _______________________refers to the full and fair equivalent of the
property taken; the fair market value of the property.
9. _______________________ is the act of specifying how agricultural
lands shall be utilized for non – agricultural uses such as residential,
industrial and commercial as embodied in the land use plan.
10. _______________________ means redistribution of lands, regardless
of crops or fruits produced, to farmers and regular farmworkers who
are landless, irrespective of tenurial arrangement, to include the
totality of factors and support services designed to lift the economic
status of the beneficiaries and all other arrangements alternative to the
physical redistribution of lands, such as production or profit-sharing,
labor administration, and the distribution of shares of stocks, which
will allow beneficiaries to receive a just share of the fruits of the lands
they work.

WORKSHEET 4.1B
NAME: SCORE:
YEAR/SECTION: DATE:
Matching Type. Match Column A with Column B. Write the letter

of the correct answer before each number.
Column A Column B
______1. American Regime a. “This land is Ours God gave this

land to us”
______2. Spanish Era b. Launched the Magkabalikat Para
sa Kaunlarang Agraryo or
MAGKASAKA
______3. Pres. Arroyo c. “Long live America”
______4. Japanese Era d. Created the Department of
Agrarian Reform and the Agrarian
Reform Special Account Fund.
______5.Pres. Estrada e. Created an anti-corruption task
force to investigate and handle
reports on alleged anomalous
activities by officials and employees of
the department.
______6. Commonwealth Era f. “United we stand, divided we fall”
______7. Pres. Duterte g. “Government for the Filipinos”

______8. Pres. Marcos h. “The Era of Hukbalahap”
______9. Pres. Ramos i. “To make the countryside
economically viable for the Filipino
family by building partnership and
promoting social equity and new
economic opportunities towards
lasting peace and sustainable rural
development.”
______10. Pre-Spanish Era j. Provided an additional Php50
billion for CARP and extended its
implementation for another 10 years

LESSON 4.2
THE PHILIPPINE
CONSTITUTION
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BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION

The Malolos Constitution
a. The Philippine Revolution of 1896
b.Proclamation of Philippine independence, at Kawit, Cavite, on
June 12, 1898
c. Revolutionary Congress convened at Barasoain Church, Malolos,
Bulacan, on September 15, 1898. Three drafts were submitted
namely, the drafts of Pedro Paterno, Apolinario Mabini and Felipe
Calderon.
d.The Calderon proposal was reported to the Congress on October 8,
1898, and the Congress approved the proposed Constitution on
November 29, 1898.
e. President Emilio Aguinaldo approved the same on December 23,
1898; Congress ratified it on January 20, 1899.
f. Aguinaldo promulgated the Constitution the following day, along
with the establishment of the Philippine Republic on January 21,
1899.
g. This was the first Republican Constitution in Asia, framed by a
revolutionary convention which included 40 lawyers, 16
physicians, 5 pharmacists, 2 engineers and 1 priest. The
Constitution recognized that sovereign power was vested in the
people, provided for a parliamentary government, acknowledged
separation of powers, and contained a bill of rights.

The photo on the right is the
iconic photograph of the 1899 Malolos
Congress: digitally colored, based on
written accounts and the restoration
of the Barasoian Church for the 1998
Centennial. President Aguinaldo sits
at the center, as a gentleman reads a
document to his left.
The American Regime and the

Organic Acts
a. The Treaty of Paris of De-
cember 10, 1898. The treaty of
peace entered into between the https://www.google.com.ph/search?sa=G&hl=en-PH&q=larawan+ng+kongreso+ng+malolos&tbm=isch&tbs=simg:CAQ SkwEJRt0
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US and Spain upon the ces- 5x8hwzV1dY9-Au6ZRSsGkP pX6_ 1japtxA9I-7eWnMq5iqM4e8i4iL1yr5_1nygPbQyAEDAsQjq7-CBoKCggIAR IEnU7 DYg w&
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sation of the Spanish-American

War. It provided, among others, for the cession of the Philippine
Islands by Spain to the US.
b.US President McKinley’s Instructions of April 7, 1900, to
transform the military into a civil government as rapidly as
conditions would permit. On September 1, 1900, the authority to
exercise that part of the military power of the US President, which
is legislative in character was transferred from the military
government to the Philippine Commission [first, the Schurman
Commission, then, the Taft Commission].
c. The Spooner Amendment to the Army Appropriation Bill of March
2, 1901 provided that all military, civil and judicial powers
necessary to govern the Philippine Islands shall be exercised in
such manner x x x for the establishment of a civil government and
for maintaining and protecting the inhabitants in the free
enjoyment of their liberty, property and religion. On July 1, 1901,
the Office of the Civil Governor was created, and the executive
authority previously exercised by the military governor was
transferred to the Civil Governor.
d.The Philippine Bill of July 1, 1902 continued the existing civil
government, with the commitment from the US Congress to
convene and organize in the Philippines a legislative body of their
own representatives. On October 16,1907, the Philippine
Assembly was convened to sit as the Lower House in a bicameral
legislature, with the Philippine Commission as the Upper House.
e. The Jones Law [Philippine Autonomy Act] of August 29, 1916. It
superseded the Spooner Amendment and the Philippine Bill of
1902. It was the principal organic act of the Philippines until
November 15,1935, when the Philippine Commonwealth was
inaugurated (under the 1935 Constitution). It contained a
preamble, a bill of rights, provisions defining the organization and
powers of the departments of government, provisions defining the
electorate, and miscellaneous provisions on finance, franchises
and salaries of important officials. Executive power was vested in
the Governor General, legislative power in a bicameral legislature
composed of the Senate and House of Representatives, and
judicial power in the Supreme Court, the Courts of First Instance
and inferior courts.
f. The Tydings-McDuffie Act [Philippine Independence Act] of March
24, 1934 authorized the drafting of a Constitution for the
Philippines, the establishment of a Commonwealth Government
and, after ten years, independence.
The 1935 Constitution
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a. Pursuant to the authority granted under the Tydings-McDuffie

Law, the Philippine Legislature passed Act No. 4125 (May
26,1934) calling for the election of delegates to the Constitutional
Convention.
b.Election of delegates: July 10, 1934; Constitutional Convention
inaugural: July 30,1934.
c. Draft Constitution approved by the Constitutional Convention on
February 8, 1935; brought to Washington on March 18, 1935, and
on March 23, 1935, US President Franklin Delano Roosevelt
certified that the draft constitution conformed substantially with
the Tydings-McDuffie Law.
d.The Constitution was ratified in a plebiscite held on May 14,1935.
e. The Philippine Commonwealth established under the Constitution
was inaugurated on November 15, 1935; full independence was
attained with the inauguration of the (Third) Philippine Republic
on July 4, 1946.

f. The Constitution was amended in 1939: Ordinance appended to
the Constitution, in accordance with the Tydings-Kocialkowski
Act of August 7, 1939 [Resolution of Congress: September 15,
1939; Plebiscite: October 24, 1939]
g. It was amended again in 1940: Changed President’s and Vice
President’s term from six to four years, but no person shall serve
as President for more than 8 years; changed the unicameral to a
bicameral legislature; established an independent Commission on
Elections [Resolution: April 11, 1940; Plebiscite: June 18, 1940]
h. Another amendment was adopted in 1947: Parity Amendment,
effective July 4, 1949, granting to Americans, for a period of
twenty-five years, the same privileges as Filipinos in the
utilization and exploitation of natural resources in the Philippines
[Resolution: September 18, 1946; Plebiscite: March 11, 1947],
See: Mabanag v. Lopez Vito, 78 Phil. 1
The Japanese (Belligerent) Occupation

a. With the occupation of Manila, the Commander in Chief of the
Japanese Forces proclaimed, on January 2, 1942, the military
administration over the territory occupied by the army, and
ordered that “all the laws now in force in the Commonwealth, as
well as executive and judicial institutions shall continue to be
effective for the time being as in the past”, and “all public officials
shall remain in their present posts and carry on faithfully their
duties as before”.
b.Order No. 1 of the Japanese Commander in Chief, on January 23,
1942, organized the Philippine Executive Commission.
c. Executive Orders Nos. 1 and 4, dated January 30 and February 6,
1942, respectively, continued the Supreme Court, the Court of
Appeals, the Courts of First Instance and Justices of the Peace
Courts, with the same jurisdiction, in conformity with later
instructions given by the Commander in Chief of the Japanese
Imperial Army in Order No. 3, dated February 20, 1942.
d.October 14, 1943, the (Second) Philippine Republic was
inaugurated, with Jose P. Laurel as President.

a. Resolution of Both Houses (RBH) No. 1, March 16, 1967,
increasing the membership of the House of Representatives from
120 to 180
b.RBH No. 2, March 16,1967, calling for a Constitutional
Convention to revise the 1935 Constitution
c. RBH No. 3, March 16, 1967, allowing members of Congress to sit
as delegates in the Constitutional Convention without forfeiting
their seats in Congress.

d. RBH 1 and RBH 3 were submitted to the people in a plebiscite
simultaneously with local elections in November 1967, but both
were rejected by the people.
e. RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing
that specific apportionment of delegates to the Constitutional
Convention and other details relating to the election of delegates
be embodied in an implementing legislation
f. Republic Act No. 6132: Constitutional Convention Act of 1970.
g. Election of delegates: November 10, 1970; Constitutional
Convention was inaugurated on June 1, 1971.
** Attempt of the Constitutional Convention to submit for
ratification one resolution (reducing the voting age from 21 to
18) in a plebiscite to coincide with the 1971 local elections
was declared unconstitutional by the Supreme Court in
Tolentino v. Comelec, 41 SCRA 702. The Court held that
when a Constitutional Convention is called for the purpose of
revising the Constitution, it may not submit for ratification
“piecemeal amendments” because the 1935 Constitution
speaks of submission of the proposed amendments in “an
election” (in the singular), and also because to allow the
submission would deprive the people of a “proper frame of
reference”.
h. Presidential Proclamation No. 1081, on September 21, 1972:
Declaration of martial law by President Ferdinand E. Marcos.
i. Constitutional Convention approved the draft Constitution on
November 29, 1972 .
j. On November 30,1972, President Marcos issued a decree setting
the plebiscite for the ratification of the new Constitution on
January 15, 1973; on December 17, 1972, issued an order
suspending the effects of Presidential Proclamation 1081 in order
to allow free and open debate on the proposed Constitution.
k. On December 23, 1972, President Marcos announced the
postponement of the plebiscite, but it was only on January 7,
1973, that General Order No. 20 was issued, directing that the
plebiscite scheduled on January 15,1973, be postponed until
further notice, and withdrawing the order of December 17, 1972,
suspending the effects of Pres. Proclamation 1081, which allowed
free and open debate on the proposed Constitution.
l. On December 31, 1972, Marcos issued Presidential Decree No. 86,
organizing the Citizens Assemblies to be consulted on certain
public issues; and on January 5, 1973, issued Presidential
Decree No. 86-A, calling the Citizens Assemblies to meet on Jan-
uary 10-15, 1973, to vote on certain questions, among them: “Do
you approve of the new Constitution?” and “Do you still want a
plebiscite to be called to ratify the new Constitution?”

m. On January 17, 1973, President Marcos issued Presidential
Proclamation No. 1102, declaring that the new Constitution had
been ratified by the Citizens Assemblies, and “has thereby come
into force and effect”.
n. The 1973 Constitution was amended in 1976: Package often (10)
amendments, proposed by Marcos on September 2, 1976,
without specifying the particular provisions being changed. This
package contained the infamous Amendment No. 6. The
amendments were ratified in a plebiscite held on October 16,
1976.
o. The Constitution was amended again on January 30, 1980:
Restored original retirement age of judges to 70 years of age
p. Another amendment was adopted on April 7, 1981: Restored the
presidential system, while retaining certain features of the
parliamentary system; granted natural-born Filipinos who had
been naturalized in a foreign country the right to own a limited
area of residential land in the Philippines
q. Still another amendment was made on January 27,1984:
Provided for new rules on presidential succession, replaced the
Executive Committee with a revived Office of the Vice President,
and changed the composition of the Batasan Pambansa
r. Snap presidential election of 1986.
**A petition to prohibit the holding of the snap election was filed
with the SC in Philippine Bar Association v. Comelec, 140 SCRA
455. But the petition was dismissed because considerations
other than legal had already set in, the candidates were in the
thick of the campaign, and the people were already looking
forward to the election.
s. February 22-25,1986: EDSAI People’s Revolution, the court ruled
that the Cory Aquino government was not only a de facto but a
de jure government.
President Corazon C. Aquino addressing the 1986 Constitutional Commission

at its inaugural session.

Proclamation of the Freedom Constitution
a. Proclamation No. 1, February 25, 1986, announcing that she
(Corazon Aquino) and Vice President Laurel were assuming power.
b.Executive Order No. 1 [February 28, 1986]
c. Proclamation No. 3, March 25,1986, announced the promulgation
of the Provisional [Freedom] Constitution, pending the drafting
and ratification of a new Constitution. It adopted certain
provisions of the 1973 Constitution, contained additional articles
on the executive department, on government reorganization, and
on existing laws. It also provided for the calling of a Constitutional
Commission to be composed of 30-50 members, to draft a new
Constitution. See: Lawyers League for a Better Philippines v.
Aquino, G.R. No. 73748, May 22, 1986; In Re: Saturnino
Bermudez, 145 SCRA 160.
d.As stated in Proclamation No. 3, the EDSA revolution was “done in
defiance of the 1973 Constitution”. The resulting government was
indisputably a revolutionary government bound by no constitution
or legal limitations except treaty obligations that the revolutionary
government, as the de jure government in the Philippines,
assumed under international law [Republic v. Sandiganbayan,
407 SCRA 10 (2003)].
e. During the interregnum, after the actual take-over of power by the
revolutionary government (on February 25, 1986) up to March 24,
1986 (immediately before the adoption of the Provisional
Constitution), the directives and orders of the revolutionary
government were the supreme law because no constitution limited
the extent and scope of such directives and orders. With the
abrogation of the 1973 Constitution by the successful revolution,
there was no municipal law higher than the directives and orders
of the revolutionary government. Thus, during this interregnum, a
person could not invoke an exclusionary right under a Bill of
Rights because there was neither a Constitution nor a Bill of
Rights [Republic v. Sandiganbayan, 407 SCRA 10].
Adoption of the Constitution

a. Proclamation No. 9, creating the Constitutional Commission of 50
members.
b.Approval of draft Constitution by the Constitutional Commission
on October 15, 1986.
c. Plebiscite held on February 2, 1987.
d.Proclamation No. 58, proclaiming the ratification of the
Constitution.
e. Effectivity of the 1987 Constitution: February 2, 1987, the date of
the plebiscite when the people ratified the Constitution [De Leon v.

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FEATURES OF 1987
CONSTITUTION
 The new Constitution consists of
18 articles and is excessively long
compared to the 1935 and 1973
constitutions.
 The independence of the judiciary
has been strengthened with new
provisions for appointment President Corazon C. Aquino receives the
thereto and an increase in its 1987 Constitution from Constitutional
authority, which now covers even Commission President Cecilia Muñoz –
Palma
political questions formerly
beyond its jurisdiction.
 The Bill of Rights of the Commonwealth and Marcos constitutions
has been considerably improved in the 1987 Constitution and even
bolstered with the creation of a Commission of Human Rights.
Philosophical View of the Constitution

The Constitution is a social contract. The Constitution may be
considered as the Social Contract itself in the sense that it is the very
basis of the decision to constitute a civil society or State, breathing life
to its juridical existence, laying down the framework by which it is to be
governed, enumerating and limiting its powers and declaring certain
fundamental rights and principles to be inviolable.
The Constitution as a political document may be considered as the

concrete manifestation or expression of the Social Contract or the
decision to abandon the ‘state of nature’ and organize and found a civil
society or State.
Constitution
It is the body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. It is a written instrument
enacted by the direct action of the people by which the fundamental
powers of the government are established, limited, and defined, and by
which those powers are distributed among the several departments for
their safe and useful exercise for the benefit of the body politics.
Purpose of the Constitution

To prescribe the permanent framework of a system of government,
to assign to the several departments their respective powers and duties,
and to establish certain first principles on which the government is
founded.

Effectivity of the Constitution
The Present Philippine Constitution took effect on February 2,
1987, which is the date of its ratification in the plebiscite held on that
same date and not on the date its ratification was proclaimed.
Types of Constitution
1. Written or Unwritten
Written Constitution – one whose precept are embodied in one
document or set of documents.
Unwritten Constitution - consists of rules which have not been
integrated into a single, concrete form but are scattered in various
sources, such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions,
and certain common law principles.
2. Conventional (Enacted) or Cumulative (Evolved)

Conventional Constitution – one that is formally struck off at a
definite time and place following a conscious or deliberate effort
taken by a constituent body or ruler.
Cumulative Constitution - is the result of political evolution, not
inaugurated at any specific time but changing by accretion rather
than by any systematic method.
3. Rigid or Flexible
Rigid Constitution - is one that can be amended only by a formal
and usually difficult process.
Flexible Constitution - is one that can be changed by ordinary
legislation as I the case of an unwritten constitutions.
Take note that the Philippine Constitution is written, conventional

and rigid.
Qualities of a Good Written Constitution

1. Broad – It must be comprehensive enough to provide for every
contingency and not just because it provides for the organization
of the entire government and covers all persons and things
within the territory of the State.
2. Brief – It must confine itself to basic principles to be implemented
with legislative details more adjustable to change and easier to
amend.
3. Definite – It prevent ambiguity in its provisions which could
result in confusion and divisiveness among the people.

Essential Parts of a Good Written Constitution
1. Constitution of Liberty - The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing
limitations on the powers of government as a means of securing the
enjoyment of those rights, e.g., Art. III.
2. Constitution of Government - The series of provisions outlining the
organization of the government, enumerating its powers, laying down
certain rules relative to its administration, and defining the
electorate, e.g., Arts. VI, VII, VIII and IX.
3. Constitution of Sovereignty - The provisions pointing out the mode
or procedure in accordance with which formal changes in the
fundamental law may be brought about, e.g., Art. XVII.
Amendments and Revision

Amendment broadly refers to a change that adds, reduces, or
deletes without altering the basic principles involved. Generally, affects
only the specific provision. Revision, on the other hand, broadly implies
a change that alters at least one basic principle in the Constitutions,
like altering the principle of separation of powers or the system of check
and balances. There is also revision if the change alters the substantial
entirety of the constitutions, as when the change affects substantial
provisions of the constitution. Generally, affects several provisions of
the Constitution.
Is the Proposal a Revision or Amendment?

There are two tests to determine whether the proposal is a revision
or amendment:
1. Quantitative test – asks whether the proposed change is so
extensive in its provisions as to change directly the “substance en-
tirety” of the Constitution by the deletion or alteration of
numerous provisions. Note that the Court examines only the number
of provisions and not the degree of change.
2. Qualitative test - asks whether change will accomplish such
far – reaching changes in the nature of our basic governmental plan
as to amount to a revision. Whether there is an alteration in the
structure of government is a proper subject of inquiry.
Thus, a change in the nature of the basic nature of the basic

governmental plan includes change in its fundamental powers of its
branches.
Steps in the Amendment or Revision of the Constitution:

1. Proposal (Article XVII, Sec. 1, 1987 Constitution)
2. Submission
3. Ratification

Proposal may be made by:
1. Congress as Constitutional Assembly acting upon a vote of ¾
of all its members.
2. Constitutional Convention called for such purpose by a 2/3
vote of all the members of the Congress or by majority vote of all its
members, Congress may submit to the electorate the question of calling
such a convention.
3. People’s Initiative applies only to an amendment, not a
revision, of the Constitution. A people’s initiative can only propose
amendments to the Constitution, inasmuch as the Constitution itself
limits initiatives to amendments, as shown by the deliberations of the
Constitutional Commission.
Initiative is the power of the people to propose amendments to the

Constitution or to propose and enact legislation through an election
called for that purpose. It may be initiative on the constitution, statutes,
or local legislation. On the other hand, Referendum is the power of the
electorate to approve or reject legislation through an election called for
that purpose. Referendum may be on statues and local laws.
Having said that, the former is the power of the people to propose
bills and laws, and to enact or reject them at the polls independent of
the legislative assembly. While the latter, is the right reserved to the
people to adopt or reject any act or measure which has been passed by
legislative body and which in most cases would, without action on the
part of electors become a law.
Two essential elements of initiative:

1. People must author and personally sign the entire proposal; and
2. Proposal must be embodied in a petition.
Submission of Proposal
Submission of piecemeal amendments is unconstitutional. All the
amendments must be submitted or ratification at one plebiscite only.
The people must be given a proper frame of reference in arriving at their
decision.
Ratification of Proposal
After submission, the proposed changes shall be valid when ratified
by the majority of the vote cast in a plebiscite, held not earlier than 60
days nor later than 90 days:
a. After approval by the Congress or Constitutional Convention of
the proposed amendments or revision; or
b.After certification by the COMELEC of the sufficiency of the
petition by the people.

Date of Effectivity of the Amendment or Revision
The date of effectivity of the amendment or revision shall be the
same day as that of the ratification, the day on which the votes are cast,
however, the amendments themselves might specifically otherwise.
Judicial Review of Proposals

Judicial review refers to the power of the courts to test the validity
of governmental acts in light of their conformity with a higher norm like
the Constitution.
That being said, the manner is making the proposal is subject to
judicial review not the substance of the proposal because the
Constituent Assembly owes its existence and derives all its authority
and power from the Constitution. Thus, whether it has acted according
to the Constitution must always be a matter of judicial cognizance.
BASIS OF PHILIPPINE POLITICAL LAW

The principles of government and political law of the Philippines
are fundamentally derived from American jurisprudence. This condition
was the inevitable outcome of the establishment of the American rule in
the Philippines. When Spain ceded the Philippines to the US, the
Spanish Political laws were automatically displaced by those of the US.
Basic Concepts
Separation of Powers
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Separation of powers became the pith and core of the American

system of government largely through the influence of the French
political writer Montesquieu. By the establishment of the American

sovereignty in the Philippines, the principle was introduced as an
inseparable feature of the governmental system organized by the United
States in this country.
Separation of powers means that the legislation belongs to
Congress, execution to the executive, settlement of legal controversies to
the judiciary. Each is prevented from invading the domain of others.
Division and Assignment. Its starting point is the assumption of the
division of the functions of the government into three distinct classes -
the Executive, the Legislative and the Judicial. Its essence relies on the
assignment of functions to one of the three organs of government for
the purpose of preventing the concentration of authority in one person
or group of persons that might lead to irreparable error or abuse in its
exercise detriment to republican institutions.
Checks and Balances
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Allows one department to resist encroachments upon it

prerogatives or to rectify mistakes or excesses committed by the other
department. However, the Supreme Court is the final arbiter to
determine whether there has been an encroachment between the
branches.
The purpose is to secure coordination in the workings of the
various departments of the government. Examples of checks and

balances are the following:
a. The approval of the president is required in the law – making
process of the Congress. He may exercise veto power
b. The president may also nullify a conviction in a criminal case by
pardoning the offender.
c. Sole power to impeach officers who may only be removed by
impeachment is vested to the Congress.
d. May also override the veto power of the President by a vote of 2/3
of all the members of each house.
Doctrine of Parens Patriae

Literally, “parent of the people.” One of the important tasks of the
government is to act for the State as parens patriae, or guardian of the
rights of the people. It may initiate legal actions for and in behalf of a
particular individual.
Doctrine of Incorporation
The Philippines adopts the generally accepted principles of
international law as part of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
Hence, the Philippine Court can use international law to settle
domestic disputes in much the same way that they would use the Civil
Code or the Penal Code and other laws passed by Congress. It is also
called Doctrine of Transformation when generally accepted principles
of international law are localized through legislation.
Doctrine of Separation of Church and State

The rationale behind this doctrine is that “Strong fences make good
neighbors.” The idea is to delineate boundaries between the two
institutions and thus avoid encroachments by one against the other
because of a misunderstanding of the limits of their respective exclusive
jurisdictions.
PREAMBLE

The Preamble serves as an introduction to the Constitution. The
word 'preamble' comes from the Latin word 'praeambulus,' meaning
'walking before'. It is considered a source of light and not a source of
rights or obligations.
The functions of the Preamble are as follows:

1. It sets down the origin, scope and purpose of the Constitution.
2. It enumerates the primary aims and expresses the aspirations of
the framers in drafting the Constitution.
3. Useful as an aid in the construction and interpretation of the text
of the Constitution.
Its origin is the will of the “sovereign Filipino people.” The

identification of the Filipino people as the author of the constitution also
calls attention to an important principle: that the document is not just
the work of representatives of the people but of the people themselves
who put their mark of approval by ratifying it in a plebiscite.
GENERAL CONSIDERATIONS
National Territory
The national territory
comprises the Philippine
archipelago, with all the
islands and waters
embraced therein, and all
other territories over which
the Philippines has
sovereignty or jurisdiction,
consisting of its terrestrial,
fluvial and aerial domains,
including its territorial sea,
the seabed, the subsoil,
the insular shelves, and
other submarine areas.
The waters around,
between, and connecting
the islands of the
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archipelago, regardless of
ik6bjAhXE7WEKHQ-mAd8Q_AUIECgB&biw=1093&bih=486#imgrc=ghKJtOQtFmX47M:
their breadth and dimensions, form part of the internal waters of the
Philippines pursuant to Article 1 of the 1987 Constitution.
The definition in article 1 covers the following territories:

a. Those ceded to the U.S. by Spain under the Treaty of Paris in
1898;
b.Those defined in the treaty between the U.S. and the Spain on
November 7, 1900, i.e., the islands of Cagayan, Sulu, and
Sibuto.
c. Those defined in the treaty between the U.S and Great Britain in
January 2, 1930, i.e., the turtle and Mangsee Islands;
d. The Islands of Batanes under the 1935 Constitution; and
e. Those contemplated in the phrase “belonging to the Philippines by
historic right or legal title” in the 1973 Constitution.
Territory is the fixed portion of the surface of the earth inhabited

by the people of the state. Territory as an element of a state means an
area over which a state has effective control. Archipelago, on the other
hand, is a body of water studded with islands. Moreover, Archipelagic
state means a state constituted wholly by one or more archipelagos and
may include other islands.
Under the second sentence of Article 1 of the Constitution is an af-

firmation of the Archipelago Doctrine, under which we connect the
outermost point of our archipelago with straight baselines and consider
all the waters enclosed thereby as internal waters. The entire
archipelago is regarded as one integrated unit instead of being
fragmented into so many thousand islands, components of which are
the following: terrestrial, fluvial, maritime and aerial domains.
The Philippine archipelago is that body of water studded with

islands, which is delineated in the Treaty of Paris, modified by the
Treaty of Washington and the Treaty of Great Britain. The following are
the purposes of Archipelagic Doctrine: territorial integrity, national
security, and economic reasons.
THE CONCEPT OF STATE

A State refers to a community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of
external control, and possessing an organized government to which the
great body of inhabitants render habitual obedience.
State is different form Nation because, the former is a legal
concept while the latter is an ethnic or racial concept. It is also different
from Government because government is merely an instrumentality of
the State through which the will of the State is implemented and
realized.
Elements of a State
1. People – refers to the inhabitants of the State whose number is
capable for self – sufficiency and self defense. They must come from
both sexes for perpetuity. It may also refer to a community of persons
sufficient in number and capable of maintaining the continued

existence of the community and held together by a common bond of
law.
2. Territory – is the fixed portion of the surface of the earth inhabited
by the people of the state and subject to exclusive sovereign territory.
3. Sovereignty – is the supreme and uncontrollable power inherent in a
State by which that State is governed.
Kinds Sovereignty:
a. Legal Sovereignty – is the authority which has the power to issue
final commands. In the Philippines, the Congress is the legal
sovereign.
b.Political Sovereignty – is the sum total of all the influences of a
State, legal and non-legal, which determine the course of law.
c. Internal Sovereignty – refers to the power of the State to control
its domestic affairs. It is the supreme power over everything within
its territory.
d.External Sovereignty – also known as Independence, which is
freedom from external control. It is the power of State to direct its
relations with other States.
Characteristics of Sovereignty: It is permanent, exclusive,

comprehensive, absolute, indivisible, inalienable, and imprescriptible.
Principles of Sovereignty
a. Effects of Belligerent Occupation
 As to political laws. No change of sovereignty occurs during a
belligerent occupation - the political laws of the occupied
territory are merely suspended, subject to revival under the jus
postliminium upon the end of the occupation. Note that the
rule suspending political laws affects only the civilian
inhabitants of the occupied territory and is not intended to
bind the enemies in arms. Also, the rule does not apply to the
law on treason although decidedly political in character.
 As to non-political laws. The non-political laws are deemed
continued unless changed by the belligerent occupant since
they are intended to govern the relations of individuals as
among themselves and are not generally affected by changes in
regimes of rulers.
 As for judicial decisions. As for judicial decisions the same
are valid during the occupation and even beyond except those
of a political complexion, which are automatically annulled up-
on the restoration of the legitimate authority.
b. Effects of Change in Sovereignty

 As to political laws. Where there is a change in sovereignty,

the political laws of the former sovereign are not merely
suspended but abrogated unless they are retained or re-enacted
by positive act of the new sovereign.
 As to non-political laws. Non-political laws continue in
operation.
Doctrine of Auto Limitation

The Philippines adheres to the principles of international law
as a limitation to the exercise of its sovereignty. It means that any
state may, by its consent, express or implied, submit to a
restriction of its sovereign rights. A state then, if it chooses to, may
refrain from the exercise of what otherwise is illimitable
competence. There may this be a curtailment of what otherwise is
power plenary in the character.
Imperium v. Dominium
Imperium refers to the State’s authority to govern. It covers
such activities such as passing laws, governing territory,
maintaining peace and order over it, and defending against foreign
invasion. This is the authority possessed by the State embraced in
the concept of sovereignty.
Dominium is the capacity of the State to own a property or

properties. It covers such rights as title to land, exploitation and
use of it, and disposition or sale of the same.
Principle of Jus Postliminium

The political laws that had been suspended during the
occupation shall automatically become effective again at the end of
the occupation, when the occupant is removed or ousted from the
territory. Likewise the political laws of the belligerent occupant are
automatically abrogated upon the cessation of the occupation.
4. Government – is the agency or instrumentality, through which the

will of the state is formulated, expressed and realized.
The Government of the Republic of the Philippines is a term

that refers to the corporate governmental entity through which the
functions of government are exercised throughout the Philippine
Islands, including, save as the contrary appears from context, the
various arms through which political authority is made effective in said
Islands, whether pertaining to the central Government or to the
provincial or municipal branches or other form of local government.
On the national scale, the term “Government of the Philippines”

refers to the three great departments: the Executive, Legislative and the
Judiciary. On the local level, it means the Regional Provincial, City
Municipal and Barangay Governments. It does not include government
entities, which are given a corporate personality separate and distinct
for the government and which are governed by the corporation law.
Government vs. Administration

It is important to set a distinction between the above-mentioned
terms. Government is the institution through which the state
exercises power while Administration consists of the set of people
currently running the institution
Classification of Government on the Basis of Legitimacy

1. De Jure Government - is one that is established by authority of
the legitimate sovereign.
2. De Facto Government - is one that is established in defiance of
the legitimate sovereign. It actually exercises power or control
without legal title.
3 Kinds of De Facto Government:

a. The government that gets possession and control or, or usurps,
by force or by the voice of majority, the rightful legal government
and maintains itself against the will of the latter (i.e., the
government of England under the Commonwealth, first by
Parliament and later by Cromwell as Protector).
b. Established and maintained by invading military forces as an

independent government by the inhabitants of a country who rise
in insurrection against the parent state (such as the government of
the Southern Confederacy in revolt against the Union during the
war of secession in the United States).
c. Government of paramount force, that which is established and

maintained by military forces who invade and occupy a territory
of enemy in the course of war (such as the cases of Castine in
Maine).
It is worthy to note that, the government under the Former

President Cory Aquino and the Freedom Constitution is a de jure
government. It was established by authority of the legitimate sovereign -
the people. It was a revolutionary government established in defiance of
the 1973 Constitution [In: Re Letter of Associate Justice Puno, 210 SCRA
589 (1992)]. The government under President Gloria Macapagal Arroyo
established after the ouster of President Estrada is de jure government.

Functions of the Government:
1. Governmental (Constituent)- are the compulsory functions which
constitute the very bonds of society.
2. Proprietary (Ministerial) - are optional functions of the government
for achieving a better life for the community.
ACTS OF STATE
An act of State is done by the sovereign power of a country, or by
its delegate, within the limits of the power vested in him. Within
reference to Political Law, an act of State is an act done by the political
departments of the government and not subject to judicial review. An
illustration is the decision of the President, in the exercise of his
diplomatic power, to extend recognition to a newly established foreign
State or government.
State Immunity
The State may not be sued without its consent. There can be no
legal right against the authority which makes the law on which the right
depends. However, the state may be sued if it gives consent, whether
express or implied. The doctrine is also known as the Royal Prerogative
of Dishonesty because it grants the state the prerogative to defeat any
legitimate claim against it by simply invoking its non – suability.
DECLARATION OF PRINCIPLES AND STATE POLICIES

1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
Democratic State
Understood as participatory democracy; contemplates
instances where people act directly, and not through their
representative. It shares some aspects of direct democracy such as
“initiative and referendum”. The word democratic is also a
monument to the February Revolution which re-won freedom
through direct action of the people.
Republican State
Republic is a representative government run by the people
and for the people. While, Republican State is a state wherein all
government authority emanates from the people and is exercised
by representatives chosen by the people.
The essence of republicanism is representation and
renovation. The citizenry selects a corps of public functionaries
who derive their mandate from the people and act on their behalf,
serving for a limited period only, after which they are replaced or

retained at the option of their principal.
Manifestations of Republicanism
a. Ours is a government of laws and not of men.
b. Rule of Majority (Plurality in elections)
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
2. Renunciation of War
The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law
as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
The Philippines only renounces AGGRESSIVE war as an

instrument of national policy. It does not renounce defensive war.
Philippines Renounces Not Only War as member of the United
Nations - the Philippines does not merely renounce war but
adheres to Article 2(4) of the UN charter, which states: “All
members shall refrain, in their international relations, from the
threat or use of force against the territorial integrity or political
independence of any state, or in any other manner inconsistent
with Purposes of the United Nations.”
Historical Development of the Policy Condemning or

Outlawing War in the International Scene:
a. Covenant of the League of Nations provided conditions for the
right to go to war.
b. Kellogg-Briand Pact of 1928, also known as the General Treaty
for the Renunciation of War, ratified by 62 states, which forbade
war as “an instrument of national policy.”
c. Charter of the United Nations prohibits the threat or use of force
against the territorial integrity or political independence of a
State.
Incorporation Clause
The Philippine adopts the generally accepted principles of
international law as part of law of the land. Acceptance of Dualist View
Implicit in this provision is the acceptance of the dualist view of legal
systems, namely that domestic law is distinct from international law.
Since dualism holds that international law and municipal law belong to
different spheres, international law becomes part of municipal law only
if it is incorporated into municipal law.

3. Civilian Supremacy
Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people
and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.
Thus, civilian authority is always supreme over the military is

implicit in a republican system. Still, it was felt advisable to
expressly affirm this principle in the Constitution to allay all fears
of a military take-over of our civilian government. It was also
fittingly declared that the President, who is a civilian official, shall
be the commander-in-chief of all the armed forces of the
Philippines.
The deployment of the military in the metropolis to conduct

joint visibility patrols with the PNP does not constitute breach of
the civilian supremacy clause.
4. Compulsory Military and Civil Service; Protection of People

and State
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military or
civil service.
5. Peace and Order; General Welfare

The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are es-
sential for the enjoyment by all the people of the blessings of
democracy.
6. Separation of Church and State

The separation of Church and State shall be inviolable. The
State is not task to favor any religion by protecting it against an
attack by another religion in relation to religious differences.
Separation of Church and State is reinforced by: a) Freedom of
Religion Clause (Article III, Section 5); b) Religious sect cannot be
registered as a political party (Article IX-C, Section 2(5)); c) No
sectoral representatives from the religious sector. (Article VI,
Section 5 (2)); d) Prohibition against appropriation against
sectarian benefit. (Article VI, 29(2)).
However, there are exceptions, to wit: a) Churches,
parsonages, etc. actually, directly and exclusively used for
religious purposes shall be exempt from taxation (Article VI,

Section 28(3)); b) When a priest, preacher, minister or dignitary is
assigned to the armed forces, or any penal institution or
government orphanage or leprosarium, public money may be paid
to them (Article VI, Section 29(2)); c) Optional religious instruction
for public elementary and high school students (Article XIV,
Section 3(3)); d) Filipino ownership requirement for education
institutions, except those established by religious groups and
mission boards. (Article XIV, Section 4(2)).
7. Independent Foreign Policy

The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and
the right to self-determination.
The word “relations” covers the whole gamut of treaties and
international agreements and other kinds of intercourse.
8. Freedom from Nuclear Weapons

The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its
territory. The policy includes the prohibition not only of the
possession, control, and manufacture of nuclear weapons but
also nuclear arms tests. Exception to this policy may be made by
the political department but it must be justified by the demands
of the national interest. The policy does not prohibit the peaceful
use of nuclear energy.
9. Social Order
The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of
living, and an improved quality of life for all.
10. Social Justice

The State shall promote social justice in all phases of national
development.
Social Justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of the laws and the
equalization of the social and economic forces by the State so that
justice in its rational and objectively secular conception may at
least be approximated (Calalang v. Williams).
Social justice simply means the equalization of economic,
political, and social opportunities with special emphasis on the
duty of the state to tilt the balance of social forces by favoring the

disadvantaged in life
11. Respect for Human Dignity

The State values the dignity of every human person and
guarantees full respect for human rights. The concretization of
this provision is found principally in the Bill of Rights and in the
human rights provision of Article XIII.
12. Right to life of the unborn

The State shall equally protect the life of the mother and the
life of the unborn from conception. The protection accorded to
the unborn starts from conception, which is equivalent to
fertilization.
13. Balanced and Healthful Ecology

The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
The right to health and to balanced and healthful ecology is a
right that can exist independent of any constitutional grant or
recognition. This right emanates from being a human.
While the right to a balanced and healthful ecology is to be
found under the Declaration of Principles and State Policies and
not under the Bill of Rights, it does not follow that it is less
important than any of the civil and political rights enumerated in
the latter. Such a right belongs to a different category of rights for
it concerns nothing less than self-preservation and
self-perpetuation. These basic rights need not even be written in
the Constitution for they are assumed to exist from the inception
of humankind.
14. Labor
The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
What concerns the Constitution more paramountly is
employment be above all, decent, just and humane. It is bad
enough that the country must send its sons and daughters to
strange lands, because it cannot satisfy their employment needs
at home. Under these circumstances, the Government is duty
bound to provide them adequate protection, personally and
economically, while away from home.
15. Agrarian Reform

The State shall promote comprehensive rural development and
agrarian reform.

The policy of agrarian reform allows the actual distribution of
land individually to farmer beneficiaries or collectively in
consonance with Section 4, Article XIII.
16. Local Autonomy

The State shall ensure the autonomy of local governments.
Under the 1987 Constitution local autonomy simply means
“decentralization” and does not make the local governments
sovereign within the State or an imperium in imperio.
Decentralization of administration is merely a delegation of
administrative powers to the local government unit in order to
broaden the base of governmental powers. Decentralization of
power is abdication by the national government of governmental
powers. Even as it is recognized that the Constitution guarantees
autonomy to local government units, the exercise of local
autonomy remains subject to the power of control by Congress
and the power of general supervision by the President.
BRANCHES OF THE GOVERNMENT
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Pdg_1tj4aMBo0kevus3e_1SzXxGpuNuKHWt6hEmob3vdmAtQ5OVyEdc-tq59wONqNv1PqBKS7j0iAEDAsQjq7-CBoKCggIARIEBT56lww&ved=0ahUKEwit5rvR8KfjAhWb-mEKHcjQDOEQwg4IKygA&biw=1093&bih=526#imgrc=XTo5TIjHwS8snM:
The Philippines is a republic with a presidential form of

government wherein power is equally divided among its three branches:
executive, legislative, and judicial.
One basic corollary in a presidential system of government is the
principle of separation of powers wherein legislation belongs to
Congress, execution to the Executive, and settlement of legal
controversies to the Judiciary.

1. The Legislative branch is authorized to make laws, alter, and repeal
them through the power vested in the Philippine Congress. This
institution is divided into the Senate and the House of
Representatives.
2. The Executive branch carries out laws. It is composed of the
President and the Vice President who are elected by direct popular
vote and serve a term of six years. The Constitution grants the
President authority to appoint his Cabinet. These departments form
a large portion of the country’s bureaucracy.
3. The Judicial branch evaluates laws. It holds the power to settle
controversies involving rights that are legally demandable and
enforceable. This branch determines whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts.
Each branch of government can change acts of the other branches

as follows:
a. The President can veto laws passed by Congress.
b. Congress confirms or rejects the President's appointments and can
remove the President from office in exceptional circumstances.
c. The Justices of the Supreme Court, who can overturn
unconstitutional laws, are appointed by the President and
confirmed by the Senate.
The Philippine government seeks to act in the best interests of its

citizens through this system of checks and balances.
The Constitution expressly grants the Supreme Court the power of
Judicial Review as the power to declare a treaty, international or
executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.
Legislative Department
The Legislative Branch enacts legislation, confirms or rejects
Presidential appointments, and has the authority to declare war. This
branch includes Congress (the Senate and House of Representatives)
and several agencies that provide support services to Congress.
a. Senate – The Senate shall be composed of 24 Senators who shall
be elected at large by the qualified voters of the Philippines, as may
be provided by law.
b. House of Representatives – The House of Representatives shall be
composed of not more than 250 members, unless otherwise fixed
by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on

the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations.
The party-list representatives shall constitute 20% of the total

number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution,
one-half of the seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth,
and such other sectors as may be provided by law, except the religious
sector.
Executive Department
The Executive Branch carries out and enforces laws. It includes the
President, Vice President, the Cabinet, executive departments,
independent agencies, and other boards, commissions, and committees.
Key roles of the executive branch include:
a. President – The President leads the country. He/she is the head of
state, leader of the national government, and Commander in Chief
of all armed forces of the Philippines. The President serves a
six-year term and cannot be re-elected.
b. Vice President – The Vice President supports the President. If the
President is unable to serve, the Vice President becomes President.
He/she serves a six-year term.
c. The Cabinet – Cabinet members serve as advisors to the President.
They include the Vice President and the heads of executive
departments. Cabinet members are nominated by the President
and must be confirmed by the Commission of Appointments.
Judicial Department
The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution. The
judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the Government. The judicial
branch interprets the meaning of laws, applies laws to individual cases,
and decides if laws violate the Constitution.
FUNDAMENTAL POWERS OF THE STATE

The inherent powers of the State include: 1) Police Power; 2) Power
of Eminent Domain; and 3) Power of Taxation.
Similarities among the Inherent Powers of the State

 Inherent in the State, exercised even without need of express
constitutional grant;
 Necessary and indispensable, State cannot be effective without
them;
 Methods by which State interferes with private property;
 Presuppose equivalent compensation; and
 Exercised primarily by the Legislature.
Distinctions:
 Police power regulates both liberty and property; eminent domain
and taxation affect only property rights.
 Police power and taxation are exercised only by government;
eminent domain may be exercised by private entities.
 Property taken in police power is usually noxious or intended for a
noxious purpose and may thus be destroyed; while in eminent
domain and taxation, the property is wholesome and devoted to
public use or purpose.
 Compensation in police power is the intangible, altruistic feeling
that the individual has contributed to the public good; in eminent
domain, it is the full and fair equivalent of the property taken;
while in taxation, it is the protection given and/or public
improvements instituted by government for the taxes paid.
Limitations:
The exercise of these fundamental powers is subject at all times to
the limitations and requirements of the Constitution and may, in proper
cases be annulled by the Court of Justice.
1) Police power
It is the State authority to enact legislation that may interfere with
personal liberty or property in order to promote the general welfare.
Generally, police power is lodged primarily in the National
Legislature. However, it may delegate it to the President and
administrative boards as the lawmaking bodies of municipal
corporations or local government units. Once delegated, the agent can
exercise only such powers as are conferred on them by the national
lawmaking.
Characteristics of Police Power:

Police power is the most pervasive, the least limitable, and the
most demanding of the three powers. It is the most essential, insistent,
and the least limitable power, extending as it does “to all the great

public needs.” It may be exercised if the activity or the property sought
to be regulated has some relevance to the public welfare.
The justification is found in the Latin maxims, salus populi est
suprema lex, which means the welfare of the people is the supreme law,
sic utere tuo ut alienum non laedas which means “No one should make
evil use of his own property”, and the law of overruling necessity which
means that the State has the power to restrain and regulate the use of
liberty and property for the promotion of public welfare.
Limitations include: Due Process Clause and Equal Protection Clause.
Requisites for Valid Exercise:

1. Lawful Subject - that the activity or property sought to be
regulated affects the public welfare.
2. Lawful Means – it must be reasonably necessary for the
accomplishment of the purpose. Both the end and the means must
be legitimate.
The taxing power may be used as an implement of police. Recent

trends, however, would indicate not a polarization but a mingling of the
police power and the power of eminent domain, with the latter being
used as an implement of the former like the power of taxation. In other
words, eminent domain may be used as an implement to attain the
police objective.
Superiority of Police Power

Police power cannot be bargained away through the medium of a
treaty, contract or property rights. A treaty is always subject to
qualifications or amendments by a subsequent law; it can never curtail
or restrict the scope of police power. While with contract the impairment
clause must yield to the police power whenever the contract deals with
a subject affecting the public welfare. Thus, Police power cannot be
barred by the invocation of a treaty or contract.
2) Power of Eminent Domain

Power of Eminent Domain also known as the “power of
expropriation” is the power to forcibly take private property for public
use upon payment of just compensation.
Requisites of the Exercise of Eminent Domain:

a) Necessity – Purpose must be of public in character. If the genuine
public necessity disappears, then there is no more point for the
government’s retention of the expropriated land.
b) Private Property – Generally, all private property capable of
ownership may be expropriated and may include public utility.

However, expropriation of money would be futile act because the
requirement for the payment of just compensation is also made in
money.
c) Public Use – It includes any use that is of “usefulness, utility, or
advantage, or what is productive of general benefit of the public.”
d) Taking – It is the appropriation of title to and possession of the
expropriated property; but may be availed of to impose only a
burden upon the owner of condemned property, without loss of
title and possession.
Instances of taking are as follows:

a) The owner is actually deprived of his property;
b) The owner is deprived of the ordinary use of his property; or
c) He owner is deprived of jurisdiction, supervision, and control of his
property.
Requirement of Actual taking:

a) Expropriator must enter the property;
b) Entry must not be for a momentary period only;
c) Entry must be under a warrant or color of authority;
d) Property must be devoted to Public use or otherwise informally
appropriated or injuriously affected; and
e) Utilization of the property must be in such a way as to Oust the
owner and Deprive him of beneficial enjoyment of the property
Just Compensation – It is the full and fair equivalent of the property

take; also known as the fair market value of the property. Note that the
measure is the owner’s loss not the taker’s gain.
3) Power of Taxation
Taxation refers to the inherent power of the state to demand
enforced contributions for public purposes.
Power of Taxation is the power by which the sovereign, through
its law-making body, raises revenue to defray the necessary expenses of
government. It is a way of apportioning the expenses of government
among those who in some measure are privileged to enjoy its benefits
and must bear its burdens.
Scope of Taxation
It covers persons, property, or occupation to be taxed within the
taxing jurisdiction. It is inherent in the power to tax that a State be free
to select the subjects of taxations.
Generally, the legislature exercises such power however, upon valid
delegation, the law-making bodies of LGUs and the President or as an
incident of emergency powers that Congress may grant to him may

exercise the power of taxation.
Limitations on the Power of Taxation:

Inherent Limitations:
Situs or Territoriality of Taxation;
Public Purpose;
International Comity;
Non-delegability of power; and
Exemption of government from taxation
Constitutional Limitations:
Due Process of Law
Equal Protection of Law
Double Taxation
It is defined as taxing the same person twice by the same
jurisdiction over the same thing. However, there is no double taxation
where one tax is imposed by the State and the other by City.
Tax Exemptions
No law granting any tax exemptions shall be passed without the
concurrence of a majority of all the members of the Congress.
BILL OF RIGHTS
In general, the Bill of Rights is the set of prescriptions setting
forth the fundamental civil and political rights of the individual, and
imposing limitations on the powers of government as a means of
securing the enjoyment of those rights. The Bill of Rights is designed to
preserve the ideals of liberty, equality and security “against the assaults
of opportunism, the expediency of the passing hour, the erosion of small
encroachments, and the scorn and derision of those who have no
patience with general principles”
Primacy of Human Rights

The primacy of human rights over property rights is recognized,
because these freedoms are delicate and vulnerable, as well as
supremely precious in our society and the threat of sanctions may deter
their exercise almost as potently as the actual application of sanctions,
they need breathing space to survive, permitting government regulation
only with narrow specificity. Human Rights are imprescriptible.
1. Due Process of Law and Equal Protection Law

Due process is a guaranty against any arbitrariness on the part of
the government, whether committed by the legislative, executive, or the
judiciary. A law which hears before it condemns, which proceeds upon

inquiry and renders judgment only after trial. The embodiment of the
sporting idea of fair play. The essence of Due Process is simple: It
gives an individual the opportunity to be heard, or an opportunity to
explain one’s side, or an opportunity to seek a reconsideration of the
action or ruling complained of.
Rights Protected are as follows:

1. Right to life – is not merely a right to the preservation of life but also
the security of the limbs and organs of the human body against any
unlawful harm.
2. Right to Liberty – refers to something which is more than mere
freedom from physical restraint or bounds of a prison. It includes the
right of the citizen to be free to use his faculties in all lawful ways.
3. Right to Property - is anything that can come under the right of
ownership and be the subject of contract. It represents more than the
things a person owns; it includes the right to secure, use and
dispose of them
Aspects of Due Process:

1. Substantive - this serves as a restriction on government's law and
rule-making powers. It requires the intrinsic validity of the law in
interfering with the rights of the person to his life, liberty or property.
The requisites are as follows: a) The law and the means to
accomplish the objective must be valid not oppressive; b) There must
be a valid law upon which it is based; c) The Objective must be
pursued in a lawful manner; and d) The law must have been passed
or approved to accomplish a valid Governmental objective.
2. Procedural Due Process - serves as a restriction on actions of

judicial and quasi-judicial agencies of government.
The twin requirement of notice and hearing constitute the essential
elements of procedural due process and neither of the elements can
be eliminated without running afoul of the constitutional guaranty.
Exceptions are as follows: a) Cancellation of passport of a person
sought for the commission of a crime; b) The abatement of nuisance
per se; c) The preventive suspension of a civil service facing
administrative charge; d) The distraint of properties for tax
delinquency; e) The padlocking of restaurant found to be unsanitary;
and f) The issuance of temporary protection orders, writ of
preliminary attachment or of possession.
The Requisites include: a) The Court trying the case is properly
clothed with judicial Power to hear and decide the case before it; b)
Jurisdiction is lawfully acquired by it over the person of the accused;
c) The accused is given Opportunity to be heard; and d) Judgement is
rendered only upon lawful hearing.

2. Equal Protection of Law
Equal Protection of law provides that all persons or things similarly
situated should be treated alike, both as to rights conferred and
responsibilities imposed. Natural and juridical persons are entitled to
this guarantee; but with respect to artificial persons, they enjoy the
protection only insofar as their property is concerned.
Classification means the grouping of persons or things similar to
each other in certain particulars and different from all other in these
same particulars.
Requisites of Valid Classification include: a) It applies equally to all
members of the same class; b) Such classification rest upon Substantial
distinction; c) It is Germane to the purpose of the law; and d) It is not
confined to existing conditions.
3. Privacy of Communication and Correspondence

The right to privacy has been concisely defined as the right to be
left alone. It has also been defined as the right of a person to be free
from unwarranted publicity and the right to live without interference by
the public in matters to live without the public is not necessarily
concerned.
Requisites of existence of right to privacy include:
a) Subjective – a person has exhibited an actual expectation of privacy;
and b) Objective – the expectation is one that society is prepared to
recognize as reasonable.
4. Searches and Seizures

The right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue, except upon probable cause to
be determined personally by a judge, after examination under oath or
affirmation of the complainant and the witnesses he may produce,
particularly describing the place to be searched, or the persons or
things to the seized.
Scope of the Protection

The protection is available to all persons, including aliens, whether
accused of a crime or not. Artificial persons are also entitled to the
guarantee, although they may be required to open their books of
accounts for examination by the State in the exercise of police and
taxing powers (See Moncada v. People’s Court, 80 Phil 1).
Nature
The right is personal; it may be invoked only by the person entitled
to it. As such, the right may be waived either expressly or impliedly but
the waiver must be made by the person whose right is invaded, not by
one who is not duly authorized to effect such waiver.
The right applies as a distraint directed only against the
government and its agencies tasked with the enforcement of the law.
The protection cannot extend to acts committed by private individuals to
bring them within the ambit of alleged unlawful intrusion by the
government.
The term unreasonable search and seizure is not defined in the
Constitution or in General Order No. 58, and it is said to have no fixed,
absolute, or unchangeable meaning, although the term has been
defined in general language. Thus, all illegal search and seizures are
unreasonable while lawful ones are reasonable.
Requisites of a valid warrant:

1. Existence of Probable Cause
Such facts and circumstances antecedent to the issuance of
the warrant that in themselves are sufficient to induce a cautious
man to rely on them and act in pursuance thereof. While for a
search, such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense
are in the place sought to be searched.
2. Determination of probable cause personally by a judge
The determination of probable cause is the function of the
judge; and the judge alone makes this determination. The
determination of probable cause depends to a large extent upon the
finding or opinion of the judge who conducted the required
examination of the applicant and the witnesses.
The Constitution seeks to avoid search warrants of broad and

general characterization or sweeping descriptions, which will authorize
police officers to undertake a fishing expedition to seize and confiscate
any and all kinds of evidence or articles relating to an offense.
A warrant of arrest is said to particularly describe the person to

be seized if it contains the name/s of the person/s to be arrested. While
a search warrant may be said to particularly describe the things to be
seized when the description therein is as specific as the circumstances
will ordinarily allow or when the description expresses a conclusion of
fact, not of law, by which the warrant officer may be guided in making
the search and seizure; or when the things described are limited to
those which bear direct relation to the offense for which the warrant is
being issued.
General warrant is one that allows the seizure of one thing under

a warrant describing another and gives the officer executing the warrant
the discretion over which items to take.
John Doe Warrant is a warrant that is issued if the name of the
person to be arrested is not known. Such warrant will satisfy the
constitutional requirement of particularity of description if there is some
descriptio persona, which will enable the officer to identify the accused.
Scattered – shot warrants are those warrants that are issued for
more than one specific offense. However, it is settled that a search
warrant that covers several counts of a certain specific offense does not
violate the one–specific-offense rule.
Searches for Fishing Expedition is a search warrant is not a
sweeping authority empowering a raiding party to undertake a fishing
expedition to seize and confiscate any and all kinds of evidence or
articles relating to a crime.
Exclusionary Rule is also known as the “Fruit of the Poisonous
Tree” which provides that all evidence obtained in violation of Sec. 2,
Article III shall be inadmissible for any purpose in any proceeding.
Seizure is limited to those items particularly described in a valid search
warrant.
Stop-and-Frisk Doctrine is defined as the vernacular designation
of the right of a police officer to stop a citizen on the street, interrogate
him and pat him for weapons whenever he observes unusual conduct
which leads him to conclude that criminal activity may be afoot.
Plain View Doctrine states that the object within the sight of an
officer who has a right to be in a position to have that view are subject
to seizure and may be presented as evidence.
5. Freedom of Expression
This covers any and all modes of expression that are embraced in
the guaranty. These freedom of expression includes freedom of speech
and free press, free assembly; free of petition, free to profess and
practice religion and right of association or the right to form
associations.
Aspects:
1. Freedom from censorship or prior restraint
There need not be total suppression; even restriction of
circulation constitutes censorship. Prior restraint refers to official
governmental restrictions on the press or other forms of expression
in advance of actual publication or dissemination.
2. Freedom from subsequent punishment
This is a limitation on the power of the State to impose a
punishment after publication or dissemination. Criticism on the
government, no matter how severe is within the range of liberty of
speech, unless the intention and effect be seditious.

Right of Association
The right to join associations also include the right not to join any
organizations. It is embraced in the freedom of expression because it
can be used as vehicle for expression of views that has a bearing on the
public welfare.
6. Freedom of Religion
Religion is any specific system of belief, worship, conduct, etc.,
often involving a code of ethics and philosophy; profession of faith to an
active power that binds and elevated man to his creator.
The principle of separation of church and state is based in mutual
respect. The State cannot meddle in the internal affairs of the Church,
much less question its faith and dogmas or dictate upon it. On the
contrary, the Church cannot impose its beliefs and convictions on the
State and the rest of the citizenry. It cannot demand that the nation
follow its beliefs, even if it sincerely believes that they are good for the
country.
7. Liberty of Abode and Right to Travel

Liberty of Abode includes the right to choose one’s residence, to
leave whenever he pleases and to travel wherever he will while right to
travel refers to the right to move from one place to another.
Note that that there are limitations – the Liberty of Abode may be
impaired only upon lawful order of the court and within the limits
prescribed by law. In contrast, right to travel may be curtailed even by
administrative authorities in the interest of national security, public
safety or public health as may be provided.
However, the right to return to one’s country is not included in the
right to travel. The right to travel only includes the right to travel from
the Philippines to another country and the right to travel within the
Philippines.
8. Right to Information
The right to information contemplates inclusion of negotiations
leading to the consummation of the transaction. Otherwise, the people
can never exercise the right if no contract is consummated, or if one is
consummated, it may be too late for the public to expose its defects.
However, the right only affords access to records, documents and
papers, which means the opportunity to inspect and copy them at his
expense. The exercise is also subject to reasonable regulations to
protect the integrity of public records and to minimize disruption of
government operations.
However, there are exceptions to the general rule. Having said that,
the right does not extend to matters recognized as privileged
information rooted in separation of powers, nor to information on

military and diplomatic secrets, information affecting national security,
and information on investigations of crimes by law enforcement
agencies before the prosecution of the accused. Likewise, an access to
trade and industrial secrets.
The law may exempt certain types of information from public
scrutiny, such as those affecting national security. The right to
information is limited to disclosure and access. This means that the
constitution does not accord them to compel custodians of official
records to prepare list, abstracts, summaries and the like in their desire
to acquire information on matters of public concern.
9. Right to Form an Association

The right to form associations cannot be impaired without due
process of law. It is deemed embraced in freedom of expression because
the organization can be used as a vehicle for the expression of views
that have a bearing on the public welfare.
The right to assembly does not include the right to strike. The
former is a separate civil right granted to workers of private employers
under the Labor Code.
10. Non – Impairment of Contracts

A contract is any lawful agreement on the property rights, whether
real or personal, tangible or intangible. Impairment is anything that
diminishes the efficacy of a contract. To constitute a substantial
impairment, the law must effect a change in the rights of the parties
with reference to each other and not with respect to non–parties.
The non – impairment clause also protects public contracts
including onerous franchise and privileges granted by the State.
However, licenses, marriage contract and public office are excluded.
Hence, there is impairment when there is a change in the term of legal
contract between parties, either in the time or mode of performance, or
imposes new conditions, or dispenses with those expressed, or
authorizes for its satisfaction something different from that provided in
its terms.
11. Right of Suspects under Custodial Investigation

Custodial Investigation is any questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. It
includes the practice of issuing “invitation” to a person who is
investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the inviting officer for
any violations.
The rights available for suspects are the Miranda Rights, which
include the 1) Right to remain silent wherein if the suspect refuses to

give a statement, no adverse inference shall be made from his refusal to
answer questions; 2) the Right to have competent and independent
counsel [preferably of his own choice] at all stages of the investigation.
If he cannot afford the services of counsel, he must be provided by the
Government) with one. The Right to counsel is intended to preclude
the slightest coercion as would lead the accused to admit something
false. The phrase “preferably of his own choice” does not convey the
message that the choice of a lawyer by a person under investigation is
exclusive as to preclude other equally competent and independent
attorneys from handling the defense; otherwise, the tempo of custodial
investigation will be solely in the hands of the accused who can impede,
nay, obstruct the progress of the interrogation by simply selecting a
lawyer who, for one reason or another, is not available to protect his
interest; 3) Right to be informed of such rights contemplates the
transmission of meaningful information rather than just the ceremonial
and perfunctory recitation of an abstract constitutional principle.
Making the accused read his constitutional rights is simply not enough.
The prosecution must show that the accused understood what he read,
and that he understood the consequences of his waiver; 4) Rights
cannot be waived except in writing and signed by the person in the
presence of his counsel; 5) No torture, force, etc., which vitiates
the free will shall be used; 6) Secret detention places, etc., are
prohibited; and 7) Confessions/admissions obtained in violation of
rights are inadmissible in evidence.
12. Right to bail

A bail is the security given for the release of a person in custody of
law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under conditions specified under the Rules
of Court. A bail may be in the form of: 1) Cash deposit; 2) Property
bond; 3) Corporate surety; and 4) Recognizance.
The right to bail emanates from the right to be presumed innocent.
It is accorded to a person in custody of the law who may by reason of
the presumption of innocence he enjoys, be allowed provisional liberty
upon filing a security to guarantee his appearance before any court, as
required under specific circumstances. Any person under detention,
even if no formal charges have yet been filed, can invoke the right to
bail.
Generally, the constitutional guaranty is only available in criminal
proceedings. However, it is not available to deportation proceeding
which is administrative in nature. Thus, right is not available in such
case as well as to military because it is an exception to the Bill of
Rights. The right to speedy trial is given more emphasis in the military
where the right to bail does not exist. The denial of the right to bail to
the military does not violate the equal protection clause because there is

substantial distinction between the military and civilians.
A person may bail when there is a matter of right. All person in
custody shall be admitted to bail as a matter of right except where the
person is charged with an offense punishable by reclusion perpetua, life
imprisonment, or death and evidence of guilt is strong.
However, a person may still bail under a matter of discretion.
Even upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment, the court on application may
admit the accused to bail. However, after conviction in the RTC, bail
may be denied if there risk of absconding.
When is bail denied?

a. When the accused is charged with a capital offense, or an offense
punishable by reclusion perpetua or higher and evidence of guilt is
strong, then bail shall be denied, as it is neither a matter of right or
of discretion
b. If the court imposed a penalty of imprisonment exceeding six (6)
years but not more than twenty (20) years or if he is previously
granted bail be cancelled, upon showing by the prosecution, with
notice to the accused, of the following or other similar
circumstances:
 That the accused is recidivist, quasi – recidivist, or habitual
delinquent or has committed the crime aggravated by the
circumstance of reiteration
 That the accused is found to have previously escaped from legal
confinement, evaded sentence, or has violated the conditions of
his bail without valid justification
 That the accused committed the offense while in probation,
parole, or under conditional pardon
 That the circumstances of the accused or his case indicate the
probability of flight if release on bail
 That there is undue risk that during the pendency of the appeal,
the accused may commit another crime
Standards for Fixing Bail

Among the factors to be considered by the judge in fixing bail are
as follows: 1) financial ability of the accused; 2) the nature and
circumstances of the offense; 3) the penalty for the offense charged;
4) the character and reputation of the accused; 5) his age and health;
6) the weight of the evidence against him; 7) the probability of his
appearing at the trial; 8) the forfeiture of other bonds by him; 9) the fact
that he was a fugitive from justice when arrested; and 10) the pendency
of other cases in which he is under bond.

Cancellation of bail takes place upon acquittal of the accused,
dismissal of the case, or execution of the judgment of conviction.
13. Rights of the Accused

A. Criminal due process. Requisites of due process as applied to
criminal proceedings are as follows:
 The accused has been heard in a court of competent jurisdiction;
 The accused is proceeded against under the orderly processes of law;
 The accused has been given notice and the opportunity to be heard;
 The judgment rendered was within the authority of a constitutional
law
B. Presumption of Innocence
Every circumstance favoring the innocence of the accused must be
taken into account. The proof against him must survive the test of
reason; the strongest suspicion must not be permitted to sway
judgment.
Reasonable Doubt is doubt engendered by an investigation of the
whole proof and an inability, after such investigation, to let the mind
rest easy upon the certainty of guilt.
Proof Beyond Reasonable Doubt does not mean such a degree of
proof as, excluding possibility of error, produces absolute certainty.
Only moral certainty is required.
The Equipoise Rule is a principle that provides that when the
pieces of evidence of both sides are equally balanced, the constitutional
presumption of innocence must be given greater weight in favor of the
accused.
C. Right to be heard by Himself and Counsel
The right to be heard is the totality of the rights embodied in an
adequate criminal procedural system, which can be viewed as
expressing both the qualities of the hearer and the manner of hearing. If
he opts to be silent where he has a right to speak, he cannot later be
heard to complain that he was unduly silenced.
D. Right to be Informed of the nature and cause of the accusation
against Him
The Rationale/Purpose for this right are as follows:
 To furnish the accused with such a description of the charge against
him as will enable him to prepare for his defense;
 To avail himself of his conviction or acquittal for protection against a
further prosecution for the same cause; and
 To inform the Court of the facts alleged, so that it may decide
whether they are sufficient in law to support a conviction.
Requisites. In order that the constitutional right of the accused to

be informed of the nature and cause of the accusation against him may
not be violated, the following must be present:

a. The information must state the name of the accused,
b. The designation given to the offense by statute,
c. A statement of the acts or omission so complained of as constituting
the offense,
d. The name of the offended party,
e. The approximate time and date of the commission of the offense and
f. The place where the offense had been committed.
Note that the information must set forth the facts and
circumstances that have a bearing on the culpability and liability of the
accused, so that the accused can prepare for and undertake his
defense.
E. Right to Speedy, Impartial, and Public Trial

A Speedy Trial is a trial free from vexatious, capricious and
oppressive delays. But justice and fairness, not speed, are the
objectives. Accused is entitled to dismissal, equivalent to acquittal, if
trial is unreasonably delayed.
Impartial trial is when the accused is entitled to the “cold
neutrality of an impartial judge”.
Public trial, on the other hand, is intended to prevent possible
abuses which may be committed against the accused.
The rule is not absolute. An accused has a right to a public trial,
but it is a right that belongs to him more than anyone else, where his
life or liberty can be held critically in balance. A public trial aims to
ensure that he is fairly dealt with and would not be unjustly condemned
and that his rights are not compromised in secret conclaves of long ago.
A public trial is not synonymous with a publicized trial; it only implies
that the court doors must be open to those who wish to come, sit in the
available seats, conduct themselves with decorum and observe the trial
process.
F. Right to Self – Incrimination
An incriminating question is a question that would have a
tendency to incriminate if it tends to elicit, even just one, of the
elements of a criminal act.
The right is available not only in criminal prosecutions but also in
all other government proceedings, including civil actions and
administrative or legislative investigations. It may be claimed not only
by the accused but also by any witness to whom a question calling for
an incriminating answer is addressed.
The kernel of the right is not against all compulsion, but
testimonial compulsion only The right against self - incrimination is
simply against the legal process of extracting from the lips of the
accused an admission of his guilt. It does not apply where the evidence
sought to be excluded is not an incriminating statement but an object
evidence.

What is actually proscribed is the use of physical or moral
compulsion to extort communication from the accused-appellant and
not the inclusion of his body in evidence when it may be material.
The right against self-incrimination may be waived, either directly
or by a failure to invoke it, provided the waiver is certain and
unequivocal and intelligently made. Thus, the accused who takes the
witness stand voluntarily and offers testimony in his behalf may be
cross-examined and asked incriminating questions on any matter he
testified to on direct examination.
G. Non-detention by reason of political beliefs or aspirations
No man is to be interfered with because of his opinions, provided
his avowal of them does not disturb public order or established law.
H. Involuntary servitude
It is the condition where one is compelled by force, coercion, or
imprisonment, and against his will, to labor for another, whether he is
paid or not.
I. Excessive Fines and Cruel and Inhumane Punishments
A fine is excessive when it is clearly shown that the nature of the
violation compared with the fine is disproportionate, or if it exceeds the
utmost limit of the punishment which the vindication of the law
demands.
Mere severity does not constitute cruel or unusual punishment To
violate the constitutional guarantee, the penalty must be flagrantly and
plainly oppressive, wholly disproportionate to the nature of the offense
as to shock the moral sense of the community Settled is the rule that a
punishment authorized by statute is not cruel or degrading unless it is
flagrantly and plainly oppressive or wholly disproportionate to the
nature of the offense. It takes more than merely being harsh, excessive,
out of proportion or severe for a penalty to be obnoxious to the
Constitution.
J. Non – Impairment for Debt
While the debtor cannot be imprisoned for failure to pay his debt,
he can be validly punished in a criminal action if he contracted his debt
through fraud, as his responsibility arises not from the contract of loan,
but from the commission of the crime.
K. Double Jeopardy
Requisites include:
A previous case must be filed and must contain the following:
1.A valid Complaint or Information;
2.Filed before a Competent Court;
3.To which defendant has pleaded; and
4.Defendant was previously acquitted or convicted or the case is
dismissed or otherwise terminated without his express consent
The subsequent complaint or information filed containing a crime

that is:
a. The same offense;
b. An attempt to commit the said offense;
c. A frustration of the said offense;
d. Any offense which is necessarily includes the first offense charged;
and
e. Any offense which is necessarily included in the first offense
charged.
Hence, the filing of the subsequent complaint or information
constitute double jeopardy against the accused.
L. Ex Post Facto Law and Bill of Attainder
Kinds of Ex Post Facto Law:
a. Every law that makes criminal an action done before the passage of
the law and which was innocent when done, and punishes such
action;
b. Every law that aggravates a crime, or makes it greater than it was
when committed;
c. Every law that changes punishment, and inflicts a greater
punishment than the law annexed to the crime when committed;
d. Every law that alters the legal rules of evidence, and receives less
or different testimony than the law required at the time of the
commission of the offense, in order to convict the offender;
e. Every law which, assume right for something which when done
was lawful;
f. Every law which deprives persons accused of a crime of some
lawful protection to which they have become entitled, such as the
protection of a former conviction or acquittal, or of a proclamation
of amnesty;
Characteristics include:
a. It refers to criminal matters;
b. It is retroactive in application; and
c. It works to the prejudice of the accused.
Bill of Attainder is defined as a legislative act that inflicts

punishment without trial. It substitutes legislative fiat for a judicial
determination of guilt. Thus, it is only when a statute applies either to
named individuals or to easily ascertainable members of a group in
such a way as to inflict punishment on them without judicial trial that
it becomes a bill of attainder.

WORKSHEET 4.2A
NAME: SCORE:
YEAR/SECTION: DATE:
Fill in the Blank. Complete the Preamble below by filling-in with

the correct word/s.
Preamble
We, the 1.__________ Filipino people, imploring the 2._______ of
Almighty God, in order to build a just and 3.__________ society, and
establish a Government that shall embody our 4.__________ and
aspirations, promote the 5.______________, conserve and develop our
6.____________, and secure to ourselves and our posterity, the blessings
of 7._____________ and 8._____________ under the rule of law and a
regime of truth, 9.____________, freedom, 10.______, equality, and
peace, do ordain and promulgate this Constitution.
What do you think is the primary purpose of the Preamble?

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Write the part of the Preamble that says that the Constitution is
Pro-God.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Pro-Country.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Pro-Filipino.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Suggested Learning Activities:
1. Divide the class into 5 groups. The task of each group is to give
at least five (5) differences and five similarities of the 1935, 1973
and the 1987 Constitution and explain the rationale behind
such distinction in the form of a short report.
2. Write a 100-word Reflection Paper on the topic: What is

Philippine Bill of 1902? Is there any significance of it to the
Filipino people?
3. Give the rationale behind the Tydings – Mcduffie Act? Write an

Analysis Paper on the pros and cons of the said act.

LESSON 4.3
THE POWER OF TAXATION
BRIEF HISTORY OF TAXATION

Pre – Colonial Period
During the pre – colonial era there
was no national government only
barangays that is headed by a Datu. The
Filipino people then pays taxes to the
Datu for their protection. This taxes are
called “buwis”. Consequently, the
non-payment of taxes during this period
was already punishable but the
chieftain’s family members were enjoying
exemption from paying taxes as well.
Judicial process was influenced by https://www.google.com/search?q=TAXATION&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=
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religion and by waiting the intervention of

the deities. Wherein Datu served as the chief judge who was assisted by
group of elders in the barangay that acted as members of the jury.
During this time there were three classes: 1) ”tumao” class
(includes datu) were the nobility of pure royal descent; 2) ”timawa”
class, warrior class or the “the third rank of nobility;" and 3) the "free
men, neither chiefs nor slaves" required to render military service to the
datu in hunts, land wars or sea raids . They could acquire property,
acquire any job they want, pick their own wives, and acquire an alipin.
They were however expected to pay taxes, and support the Maginoo
class. They are the only class to pay taxes, and hence their importance
in the community. “Oripun”class (commoners and slaves), renders
services to the tumao and timawa for debts or favors. The Alipin did not
likely make any money for their services, and hence did not pay taxes.
Spanish Era
During the 17th and 18th
centuries, the Contador de'
Resultas served as the Chief Royal
Accountant whose functions were
similar to the Commissioner of
Internal Revenue. He was the Chief
Arbitrator whose decisions on
financial matters were final except
when revoked by the Council of
https://www.google.com/search?q=spanish+era+taxation+in+the+philippines&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&
Indies. During these times, taxes
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that were collected from the
inhabitants varied from tribute or
head tax of one gold maiz
annually; tax on value of jewelries
and gold trinkets; indirect taxes
on tobacco, wine, cockpits, burlas
and powder. From 1521 to 1821,
the Spanish treasury had to
subsidize the Philippines in the
amount of P 250,000.00 per
annum due to the poor financial
condition of the country, which https://www.google.com/search?q=spanish+era+taxation+in+the+philippines&rlz=1C1CHBD_enPH767PH767&source=lnms&tbm=isch&sa=X&ve
d=0ahUKEwiBreOsvKjjAhVWfd4KHSwlDSoQ_AUIECgB&biw=1093&bih=526#imgdii=qjeBZknA1sC1UM:&imgrc=9hbNNVSM1Dy6kM:
can be primarily attributed to the
poor revenue collection system.
American Era
In the early American regime from the period 1898 to 1901, the
country was ruled by American military governors. In 1902, the first
civil government was established under William H. Taft. However, it was
only during the term of second civil governor Luke E. Wright that the
Bureau of Internal Revenue (BIR) was created through the passage of
Reorganization Act No. 1189 dated July 2, 1904. On August 1, 1904,
the BIR was formally organized and made operational under the
Secretary of Finance, Henry Ide (author of the Internal Revenue Law of
1904), with John S. Hord as the first Collector (Commissioner). The first
organization started with 69 employees, which consisted of a Collector,
Vice-Collector, one Chief Clerk, one Law Clerk, one Records Clerk and
three (3) Division Chiefs.
Following the tenure of John S. Hord were three (3) more American
collectors, namely: Ellis Cromwell (1909-1912), William T. Holting (1912
-1214) and James J. Rafferty (1914-1918). They were all appointed by
the Governor-General with the approval of the Philippine Commission
and the US President.
During the term of Collector Holting, the Bureau had its first
reorganization on January 1, 1913 with the creation of eight (8)
divisions, namely: 1) Accounting, 2) Cash, 3) Clerical, 4) Inspection, 5)
Law, 6) Real Estate, 7) License and 8) Records. Collections by the Real
Estate and License Divisions were confined to revenue accruing to the
City of Manila.
In line with the Filipinization policy of then US President McKinley,
Filipino Collectors were appointed. The first three (3) BIR Collectors
were: Wenceslao Trinidad (1918-1922); Juan Posadas, Jr. (1922-1934)
and Alfredo Yatao (1934-1938).
On May 1921, by virtue of Act No. 299, the Real Estate, License
and Cash Divisions were abolished and their functions were transferred

to the City ofManila. As a result of this transfer, the Bureau was left
with five (5) divisions, namely: 1) Administrative, 2) Law, 3) Accounting,
4) Income Tax and 5) Inspection. Thereafter, the Bureau established the
following: 1) the Examiner's Division, formerly the Income Tax
Examiner's Section which was later merged with the Income Tax
Division and 2) the Secret Service Section, which handled the detection
and surveillance activities but was later abolished on January 1, 1951.
Except for minor changes and the creation of the Miscellaneous Tax
Division in 1939, the Bureau's organization remained the same from
1921 to 1941.
In 1937, the Secretary of Finance promulgated Regulation No. 95,
reorganizing the Provincial Inspection Districts and maintaining in each
province an Internal Revenue Office supervised by a Provincial Agent.
Japanese Era
At the outbreak of World War II, under the Japanese regime (1942-
1945), the Bureau was combined with the Customs Office and was
headed by a Director of Customs and Internal Revenue.
Post-War Era
On July 4, 1946, when the Philippines gained its independence
from the United States, the Bureau was eventually re-established
separately. This led to a reorganization on October 1, 1947, by virtue of
Executive Order No. 94, wherein the following were undertaken: 1) the
Accounting Unit and the Revenue Accounts and Statistical Division
were merged into one; 2) all records in the Records Section under the
Administrative Division were consolidated; and 3) all legal work were
centralized in the Law Division.
Revenue Regulations No. V-2 dated October 23, 1947 divided the
country into 31 inspection units, each of which was under a Provincial
Revenue Agent (except in certain special units which were headed by a
City Revenue Agent or supervisors for distilleries and tobacco factories).
The second major reorganization of the Bureau took place on
January 1, 1951 through the passage of Executive Order No. 392. Three
(3) new departments were created, namely: 1) Legal, 2) Assessment and
3) Collection. On the latter part of January of the same year,
Memorandum Order No. V-188 created the Withholding Tax Unit, which
was placed under the Income Tax Division of the Assessment
Department. Simultaneously, the implementation of the withholding tax
system was adopted by virtue of Republic Act (RA) 690. This method of
collecting income tax upon receipt of the income resulted to the
collection of approximately 25% of the total income tax collected during
the said period.
The third major reorganization of the Bureau took effect on March
1, 1954 through Revenue Memorandum Order (RMO) No. 41. This led to

the creation of the following offices: 1) Specific Tax Division, 2) Litigation
Section, 3) Processing Section and the 4) Office of the City Revenue
Examiner. By September 1, 1954, a Training Unit was created through
RMO No. V-4-47.
As an initial step towards decentralization, the Bureau created its
first 2 Regional Offices in Cebu and in Davao on July 20, 1955 per RMO
No. V-536. Each Regional Office was headed by a Regional Director,
assisted by Chiefs of five (5) Branches, namely: 1) Tax Audit, 2)
Collection, 3) Investigation, 4) Legal and 5) Administrative. The creation
of the Regional Offices marked the division of the Philippine islands into
three (3) revenue regions.
The Bureau's organizational set-up expanded beginning 1956 in
line with the regionalization scheme of the government. Consequently,
the Bureau's Regional Offices increased to (8) eight and later into ten
(10) in 1957. The Accounting Machine Branch was also created in each
Regional Office.
In January 1957, the position title of the head of the Bureau was
changed from Collector to Commissioner. The last Collector and the first
Commissioner of the BIR was Jose Aranas.
A significant step undertaken by the Bureau in 1958 was the
establishment of the Tax Census Division and the corresponding Tax
Census Unit for each Regional Office. This was done to consolidate all
statements of assets, incomes and liabilities of all individual and
resident corporations in the Philippines into a National Tax Census.
To strictly enforce the payment of taxes and to further discourage
tax evasion, RA No. 233 or the Rewards Law was passed on June 19,
1959 whereby informers were rewarded the 25% equivalent of the
revenue collected from the tax evader.
In 1964, the Philippines was re-divided anew into 15 regions and
72 inspection districts. The Tobacco Inspection Board and Accountable
Forms Committee were also created directly under the Office of the
Commissioner.
Marcos Administration
The appointment of Misael Vera as Commissioner in 1965 led the
Bureau to a "new direction" in tax administration. The most notable
programs implemented were the "Blue Master Program" and the
"Voluntary Tax Compliance Program". The first program was adopted to
curb the abuses of both the taxpayers and BIR personnel, while the
second program was designed to encourage professionals in the private
and government sectors to report their true income and to pay the
correct amount of taxes.
It was also during Commissioner Vera's administration that the
country was further subdivided into 20 Regional Offices and 90
Revenue District Offices, in addition to the creation of various offices

which included the Internal Audit Department (replacing the Inspection
Department), Administrative Service Department, International Tax
Affairs Staff and Specific Tax Department.
Providing each taxpayer with a permanent Tax Account Number
(TAN) in 1970 not only facilitated the identification of taxpayers but also
resulted to faster verification of tax records. Similarly, the payment of
taxes through banks (per Executive Order No. 206), as well as the
implementation of the package audit investigation by industry are
considered to be important measures which contributed significantly to
the improved collection performance of the Bureau.
The proclamation of Martial Law on September 21, 1972 marked
the advent of the New Society and ushered in a new approach in the
developmental efforts of the government. Several tax amnesty decrees
issued by the President were promulgated to enable erring taxpayers to
start anew. Organization-wise, the Bureau had also undergone several
changes during the Martial Law period (1972-1980).
In 1976, under Commissioner Efren Plana's administration, the
Bureau's National Office transferred from the Finance Building in
Manila to its own 12-storey building in Quezon City, which was
inaugurated on June 3, 1977. It was also in the same year that
President Marcos promulgated the National Internal Revenue Code of
1977, which updated the 1934 Tax Code.
On August 1, 1980, the Bureau was further reorganized under the
administration of Commissioner Ruben Ancheta. New offices were
created and some organizational units were relocated for the purpose of
making the Bureau more responsive to the needs of the taxpaying
public.
Aquino Administration
After the People's Revolution in February 1986, a renewed thrust
towards an effective tax administration was pursued by the Bureau.
"Operation: Walang Lagay" was launched to promote the efficient and
honest collection of taxes.
On January 30, 1987, the Bureau was reorganized under the
administration of Commissioner Bienvenido Tan, Jr. pursuant to
Executive Order (EO) No. 127. Under the said EO, two (2) major
functional groups headed and supervised by a Deputy Commissioner
were created, and these were: 1) the Assessment and Collection Group;
and 2) the Legal and Internal Administration Group.
With the advent of the value-added tax (VAT) in 1988, a massive
campaign program aimed to promote and encourage compliance with
the requirements of the VAT was launched. The adoption of the VAT
system was one of the structural reforms provided for in the 1986 Tax
Reform Program, which was designed to simplify tax administration and
make the tax system more equitable. It was also in 1988 that the

Revenue Information Systems Services Inc. (RISSI) was abolished and
transferred back to the BIR by virtue of a Memorandum Order from the
Office of the President dated May 24, 1988. This transfer had
implications on the delivery of the computerization requirements of the
Bureau in relation to its functions of tax assessment and collection.
The entry of Commissioner Jose Ong in 1989 saw the advent of the
"Tax Administration Program" which is the embodiment of the Bureau's
mission to improve tax collection and simplify tax administration. The
Program contained several tax reform and enhancement measures,
which included the use of the Taxpayer Identification Number (TIN) and
the adoption of the New Payment Control System and Simplified Net
Income Taxation Scheme.
Ramos Administration
The year 1993 marked the entry into the Bureau of its first lady
Commissioner, Liwayway Vinzons-Chato. In order to attain the Bureau's
vision of transformation, a comprehensive and integrated program
known as the ACTS or Action-Centered Transformation Program was
undertaken to realign and direct the entire organization towards the
fulfillment of its vision and mission.
It was during Commissioner Chato's term that a five-year Tax
Computerization Project (TCP) was undertaken in 1994. This involved
the establishment of a modern and computerized Integrated Tax System
and Internal Administration System.
Further streamlining of the BIR was approved on July 1997
through the passage of EO No.430, in order to support the
implementation of the computerized Integrated Tax System. Highlights
of the said EO included the: 1) creation of a fourth Revenue Group in
the BIR, which is the Legal and Enforcement Group (headed by a
Deputy Commissioner); and 2) creation of the Internal Affairs Service,
Taxpayers Assistance Service, Information Planning and Quality Service
and the Revenue Data Centers.
Estrada Administration
With the advent of President Estrada's administration, a Deputy
Commissioner of the BIR, Beethoven Rualo, was appointed as
Commissioner of Internal Revenue. Under his leadership, priority
reform measures were undertaken to enhance voluntary compliance
and improve the Bureau's productivity. One of the most significant
reform measures was the implementation of the Economic Recovery
Assistance Payment (ERAP) Program, which granted immunity from
audit and investigation to taxpayers who have paid 20% more than the
tax paid in 1997 for income tax, VAT and/or percentage taxes.
In order to encourage and educate consumers/taxpayers to
demand sales invoices and receipts, the raffle promo "Humingi ng

Resibo, Manalo ng Libo-Libo" was institutionalized in 1999. The Large
Taxpayers Monitoring System was also established under Commissioner
Rualo's administration to closely monitor the tax compliance of the
country's large taxpayers.
The coming of the new millennium ushered in the changing of the
guard in the BIR with the appointment of Dakila Fonacier as the new
Commissioner of Internal Revenue. Under his administration, measures
that would enhance taxpayer compliance and deter tax violations were
prioritized. The most significant of these measures include: full
utilization of tax computerization in the Bureau's operations; expansion
of the use of electronic Documentary Stamp Tax metering machine and
establishment of tie-up with the national government agencies and local
government units for the prompt remittance of withholding taxes; and
implementation of Compromise Settlement Program for taxpayers with
outstanding accounts receivable and disputed assessments with the
BIR.
Memoranda of Agreement were also forged with the league of local
government units and several private sector and professional
organizations (i.e. MAP, TMAP, PCCI, FFCCCI, etc.) to help the BIR
implement tax campaign initiatives.
On September 1, 2000, the Large Taxpayers Service (LTS) and the
Excise Taxpayers Service (ETS) were established under EO No. 175 to
reinforce the tax administration and enforcement capabilities of the
BIR. Shortly after the establishment of said revenue services, a new
organizational structure was approved on October 31, 2001 under EO
No. 306 which resulted in the integration of the functions of the ETS
and the LTS.
In line with the passage of the Electronic Commerce Act of 2000 on
June 14, the Bureau implemented a Full Integrated Tax System (ITS)
Rollout Acceleration Program to facilitate the full utilization of tax
computerization in the Bureau's operations. Under the Program, seven
(7) ITS back-end systems were released in stages in RR 8 - Makati City
and the Large Taxpayers Service.
Arroyo Administration
Following the momentous events of EDSA II in January 2001,
newly-installed President Gloria Macapagal-Arroyo appointed a former
Deputy Commissioner, Atty. René G. Bañez, as the new Commissioner
of Internal Revenue.
Under Commissioner Bañez's administration, the BIR’s thrust was
to transform the agency to make it taxpayer-focused. This was
undertaken through the implementation of change initiatives that were
directed to: 1) reform the tax system to make it simpler and suit the
Philippine culture; 2) reengineer the tax processes to make them
simpler, more efficient and transparent; 3) restructure the BIR to give it

financial and administrative flexibility; and 4) redesign the human
resource policies, systems and procedures to transform the workforce to
be more responsive to taxpayers' needs.
Measures to enhance the Bureau's revenue-generating capability
were also implemented, the most notable of which were the
implementation of the Voluntary Assessment Program and Compromise
Settlement Program and expansion of coverage of the creditable
withholding tax system. A technology-based system that promotes the
paperless filing of tax returns and payment of taxes was also adopted
through the Electronic Filing and Payment System (eFPS).
With the resignation of Commissioner Bañez on August 19, 2002,
Finance Undersecretary Cornelio C. Gison was designated as interim
BIR Commissioner. Eight days later (on August 27, 2002), former
Customs Commissioner, Guillermo L. Parayno, Jr. was appointed as the
new Commissioner of Internal Revenue (CIR).
Barely a month since his assumption to duty as the new CIR,
Commissioner Parayno offered a Voluntary Assessment and Abatement
Program (VAAP) to taxpayers with under-declared sales/receipts/
income. To enhance the collection performance of the BIR,
Commissioner Parayno adopted the use of new systems such as the
Reconciliation of Listings for Enforcement or RELIEF System to detect
under-declarations of taxable income by taxpayers and the electronic
broadcasting system to enhance the security of tax payments. It was
also under Commissioner Parayno’s administration that the BIR
expanded its electronic services to include the web-based TIN
application and processing; electronic raffle of invoices/receipts;
provision of e-payment gateways; e-substituted filing of tax returns and
electronic submission of sales reports. The conduct of special
operations on high profile tax evaders, which resulted to the filing of tax
cases under the Run After Tax Evaders (RATE) Program marked
Commissioner Parayno’s administration as well as the conduct of Tax
Compliance Verification Drives and accreditation and registration of
cash register machines and point-of-sale machines. To improve
taxpayer service, the Bureau also established a BIR Contact Center in
the National Office and eLounges in Regional Offices.
On October 28, 2006, Deputy Commissioner for Legal and
Inspection Group, Jose Mario C. Buñag was appointed as full-fledged
Commissioner of Internal Revenue. Under his administration, the
Bureau attained success in a number of key undertakings, which
included the expansion of the RATE Program to the Regional Offices;
inclusion of new payment gateways, such as the Efficient Service
Machines and the G-Cash and SMART Money facilities; implementation
of the Benchmarking Method and installation of the Bureau’s
e-Complaint System, a new e-Service that allows taxpayers to log their
complaints against erring revenuers through the BIR website. The

Nationwide Rollout of Computerized Systems (NRCS) was also
undertaken to extend the use of the Bureau’s Integrated Tax System
across its non-computerized Revenue District Offices. In 2007, the
National Program Support for Tax Administration Reform (NPSTAR), a
program funded by various international development agencies, was
launched to improve the BIR efficiency in various areas of tax
administration (i.e. taxpayer compliance, tax enforcement and control,
etc.).
On June 29, 2007, Commissioner Buñag relinquished the top post
of the BIR and was replaced by Deputy Commissioner for Operations
Group, Lilian B. Hefti, making her the second lady Commissioner of the
BIR. Commissioner Hefti focused on the strengthening of the use of
business intelligence by embarking on data matching of income
payments of withholding agents against the reported income of the
concerned recipients. Information sharing between the BIR and the
Local Government Units (LGUs) was also intensified through the LGU
Revenue Assurance System, which aims to uncover fraud and
non-payment of taxes. To enhance the Bureau’s audit capabilities, the
use of Computer-Assisted Audit Tools and Techniques (CAATTs) was
also introduced in the BIR under her term.
With the resignation of Commissioner Hefti in October 2008,
former BIR Deputy Commissioner for Legal and Enforcement Group,
Sixto S. Esquivias IV was appointed as the new Commissioner of
Internal Revenue. Commissioner Esquivias’ administration was marked
with the conduct of nationwide closure of erring business
establishments under the “Oplan Kandado” Program. A Taxpayer
Feedback Mechanism (through the eComplaint facility accessible via the
BIR Website) was also established under his term where complaints on
erring BIR employees and taxpayers who do not pay taxes and do not
issue ORs/invoices can be reported. In 2009, the Bureau revived its
“Handang Maglingkod” Project where the best frontline offices were
recognized for rendering effective taxpayer service.
When Commissioner Esquivias resigned in November 2009, Senior
Deputy Commissioner, Joel L. Tan-Torres assumed the position of
Commissioner of Internal Revenue. Under his administration,
Commissioner Tan-Torres pursued a high visibility public awareness
campaign on the Bureau’s enforcement and taxpayers’ service
programs. He institutionalized several programs/projects to improve
revenue collections, and these include Project R.I.P (Rest in Peace);
intensified filing of tax evasion cases under the re-invigorated RATE
Program; conduct of Taxpayers Lifestyle Check and development of
Industry Champions. Linkages with various agencies (i.e. LTO, SEC,
BLGF, PHALTRA, etc.) were also established through the signing of
several Memoranda of Agreement to improve specific areas of tax
administration.

P-Noy Aquino Administration
Following the highly acclaimed inauguration of President Benigno
C. Aquino III on June 30, 2010, a former BIR Deputy Commissioner,
Atty. Kim S. Jacinto-Henares, was appointed as the new Commissioner
of Internal Revenue. During her first few months in the BIR,
Commissioner Henares focused on the filing of tax evasion cases under
the RATE Program, in compliance with the SONA pronouncements of
President Aquino.
Duterte Administration
Last December 19, 2017, the President signed into law Package 1 of the
Comprehensive Tax Reform Program also known as the Tax Reform for
Acceleration and Inclusion (TRAIN) as Republic Act (RA) No. 109631.
The law provides for the amendments to several provisions of the
National Internal Revenue Code of 1997 (NIRC of 1997) on personal
income taxation, passive income for both individuals and corporations,
estate tax, donor’s tax, value-added tax (VAT), excise tax, documentary
stamp tax (DST), and tax administration, among others.
It likewise introduced new taxes such as the excise tax on cosmetic
surgery and sugar-sweetened beverages. The additional revenues that
will be generated in the implementation of the Act shall be used to fund
the President’s priority infrastructure and social programs that will
ultimately benefit the poor. RA 10963 was published in the Philippines’
Official Gazette last December 27, 2017 and took effect last January 1,
2018.
TAXATION
Taxation refers to the inherent power of the state to demand
enforced contributions for public purposes. It is the power by which the
sovereign, through its law-making body, raises revenue to defray the
necessary expenses of government. It is a way of apportioning the
expenses of government among those who in some measure are
privileged to enjoy its benefits and must bear its burdens.
Taxes are enforced proportional contribution from persons and
property, levied by the state by virtue of its sovereignty for the support
of the government and for all its public needs.
Scope of Taxation
It covers persons, property, or occupation to be taxed within the
taxing jurisdiction. It is inherent in the power to tax that a State be free
to select the subjects of taxations.
Generally, the legislature exercises such power however, upon valid
delegation, the law-making bodies of LGUs and the President or as an
incident of emergency powers that Congress may grant to him may
exercise the power of taxation.

Taxes are collected for the following purposes and objectives:
1) Revenue Raising from those collected taxes that are intended
primarily to finance the government and its activities; and 2) Non–
Revenue/Sumptuary Purposes for: a) Promotion of General Welfare,
b) Regulation, c) Reduction of Social Inequality/Compensatory Purpose,
d) Encourage Economic Growth and e) Protectionism.
The Limitations on the Power of Taxation include: 1) Inherent
Limitations (such as Situs or Territoriality of Taxation; Public Purpose;
International Comity; Non-delegability of power; and Exemption of
government from taxation), and 2) Constitutional Limitation (such as
Due Process of Law and Equal Protection of Law).
The Basis of Taxation is founded on the Life Blood Theory.
Taxation is indispensable and inevitable price for civilized society,
without taxes, the government would be paralyzed for lack of the
motives power to activate and operate it. Hence, the collection of taxes
must be made without hindrance if the State is to maintain its orderly
existence.
Theories of Taxation
1. Necessity Theory
The existence of the government is necessity. It cannot continue
without a means to pay its expenses and therefore has a right to compel
all citizens and property within its power to contribute.
2. Benefits – Protection/Reciprocity Theory
Obligation to pay taxes is involuntary and compulsory, in exchange for
the protection and benefits one receives from the government; taxes are
paid for the enjoyment of the benefit of organized society.
Liabilities Involved
A tax creates civil liability on the part of the delinquent taxpayer
although the non – payment thereof (due to failure or refusal to pay)
creates a criminal liability which could be the subject of criminal
prosecution under existing law. To sum, in taxation, it is one’s failure to
comply with the civil liability to pay taxes which gives rise to the
criminal liability. Nevertheless, taxes to be paid are personal to the
taxpayer.
Principles of a Sound Tax System

1. Fiscal Adequacy – sources of the government revenue must be
sufficient to meet government expenditures and other public needs.
2. Administrative Feasibility – tax laws must be capable of being
effectively enforced with the least inconvenience to the taxpayer.
3. Theoretical Justice – a sound tax system must be based on the
taxpayers’ ability to pay. Taxation must be uniform and equitable.

Nature of Taxing Power
Inherent in sovereignty. The power of taxation is inherent in
sovereignty as an incident or attribute thereof, being essential to the
existence of every government. It can be exercised by the government
even if the Constitution is entirely silent on the subject.
a. Constitutional provisions relating to the power of taxation do not
operate as grants of the power to the government. They merely
constitute limitations upon a power which would otherwise be
practically without limit.
b. While the power to tax is not expressly provided for in our
constitutions, its existence is recognized by the provisions relating to
taxation.
Legislative in character. The power to tax is exclusively legislative

and cannot be exercised by the executive or judicial branch of the
government except where the Constitution provides otherwise.
Scope of Legislative Taxing Power

a. Subjects of Taxation – as to the persons, property or occupation
etc. to be taxed
b. Amount or rate of the tax
c. Purposes for which taxes shall be levied provided they are public
purpose.
d. Apportionment of the tax
e. Situs of taxation – place of taxation
f. Method of collection
DOCTRINES IN TAXATION
Prospectivity of Tax Laws
Generally, tax laws are prospective in application. Except when the
language of the statute clearly demands or expresses that it shall have a
retroactive effect.
No – Retroactivity of Rulings
Generally, any revocation, modification or reversal of any of the
rules and regulations, rulings and circular promulgated by the
Commissioner shall not be given retroactive application if it will be
prejudicial to the taxpayers. Except where the taxpayer deliberately
misstates or omits material facts from his return or any document,
where the facts subsequently gathered by the BIR are materially
different from the facts on which the ruling is based, or where the
taxpayer acted in bad faith.
Doctrine of Equitable Recoupment
This doctrine provides that a tax claim for refund, which is
prevented by prescription, may be allowed to be used as payment for
unsettled tax liabilities if both taxes arise from the same transaction in

which overpayment is made and underpayment is due. Nevertheless,
this doctrine is not applicable in our jurisdiction.
Imprescriptibility of Taxes
Generally, the right to assess and to collect are imprescriptible,
except when the laws provide for statute of limitations.
Uniformity and Equitable
Uniformity requires that all subjects or objects of taxation similarly
situated are to be treated alike or put on equal footing both in privileges
and liabilities; means all taxable articles or kinds or property of the
same class shall be taxed at the same rate. Thus, a tax is uniform
when the same force and effect in every place where the subject of it is
found.
On the other hand, equitable means fair, just, reasonable and
proportionate to one’s ability to pay.
Double Taxation
It is defined as taxing the same person twice by the same
jurisdiction over the same thing. However, there is no double taxation
where one tax is imposed by the State and the other by City.
Kinds of Double Taxation:

a. Obnoxious or Direct Duplicate Taxation
b. Permissive or Indirect Duplicate
In the strict sense, double taxation means direct double taxation.
This means that the same property is taxed twice when it should be
taxed only once and that both taxes are imposed on the same subject
matter for the same purpose, by the same taxing authority within the
same jurisdiction during the same taxing period and covering the same
kind of tax.
In the broad sense, double taxation means indirect double
taxation. Double taxation is indirect where some elements of direct
double taxation are absent. It applies to all cases in which there are two
or more pecuniary impositions.
In other words, double taxation in its strict sense means that the
same property is taxed twice when it should be taxed only once.
Requisites include: 1) Same property is taxed twice; 2) Same
purpose; 3) Same taxing authority; 4) Within the same jurisdiction;
5) During the same taxing period; and 6) Same kind or character of tax.
Generally, the absence of one or more of the foregoing requisites of
the obnoxious direct tax makes it indirect and allowed.
Escape from Taxation

The following are some means on which a taxpayer may minimize if
not to escape the payment of taxes: Tax Exemptions, Tax Avoidance and
Tax Evasion.

Tax Exemption
No law granting any tax exemptions
shall be passed without the concurrence
of a majority of all the members of the
Congress. The power to exempt from
taxations as well as the power to tax is an
essential attribute of sovereignty and may
be exercised by virtue of the Constitution, Taken from www.google.com
expressly or by implication. The inherent power of the State to impose

taxes naturally carries with it the power to grant tax exemptions.
Kinds of Tax Exemptions

1.Express – when exemptions are expressly granted by the
Constitution, Statutes, Treaties, franchises or similar legislative
acts; an example of which is the exemptions from real property.
2.Implied – whenever particular persons, properties or excises are
deemed exempt as they fall outside the scope of the taxing provision
itself; and
3.Contractual – when in consideration of contractual agreement with
the government.
Since taxation is the rule and the exemptions are the exception,
the exemption may be withdrawn in the pleasure of the taxing
authority. However, if the tax exemptions constitute a binding contract
and for valuable consideration, the government cannot unilaterally
revoke the tax exemptions.
Tax Avoidance
It is reducing or totally escaping payment
of taxes through legally permissible
means. This Method should be used by
the taxpayer in good faith and at arm’s
length. An example of which is the
availing of all deductions allowed by law
or refraining from engaging in activities
Taken from www.google.com
subject to tax.
Tax Evasion
It is the illegal means of escaping taxation. A
Scheme used outside of those lawful means and
when availed of, usually subjects the taxpayer to
(further or additional) civil or criminal liabilities. An
example of which is the failure to declare for taxa-
tions purposes the true and actual income derived
from business for two (2) consecutive years. Taken from firstlinesecurities.com

Compensation and set-off
A claim for taxes is not such a debt, demand, contract or
judgment. Taxes cannot be the subject of compensation because the
government and taxpayer are not mutually creditors and debtors of
each other. A person also cannot refuse to pay taxes on the ground that
the government owes him an amount equal or greater than the tax
being collected. There can be no off-setting of taxes against the claims
that the taxpayer may have against the government.
Taxes cannot be the subject of set-off because they are not in the
nature of contracts between parties but grow out of a duty to, and, are
positive acts, of the Government, to the making and enforcing of which,
the personal consent of the taxpayer is not required.
Tax Amnesty
A tax amnesty is a general pardon or intentional overlooking by the
State of its authority to impose penalties on persons otherwise guilty of
evasion or violation of a revenue or tax. It partakes absolute waiver by
the government of its right to collect what is due it and to give tax
evaders who wish to relent a chance to start with a clean slate.
TAX LAWS
The following are the sources of tax laws :
Constitution;
1. Tariff and Custom Code as amended – RA 8181;
2. Local Government Code;
3. Local Tax Ordinance/City/Municipal Tax Code;
4. Tax Treaties/International Agreements;
5. Presidential Decree/ Executive Order;
6. Decisions of SC/CTA/CA;
7. Revenue Rules and Regulations, Rulings implemented by the BIR
8. NIRC as amended – R.A. 10963 or TRAIN LAW
Updates of the Tax Law

Last December 19, 2017, the President
signed into law Package 1 of the
Comprehensive Tax Reform Program also
known as the Tax Reform for Acceleration
and Inclusion (TRAIN) as Republic Act (RA)
No. 109631. The law provides for the
amendments to several provisions of the
National Internal Revenue Code of 1997
(NIRC of 1997) on personal income
taxation, passive
income for both
individuals and corporations, estate tax, donor’s tax, value-added tax
(VAT), excise tax, documentary stamp tax (DST), and tax administration

among others.
It likewise introduced new taxes such as the excise tax on cosmetic
surgery and sugar-sweetened beverages. The additional revenues that
will be generated in the implementation of the Act shall be used to fund
the President’s priority infrastructure and social programs that will
ultimately benefit the poor. RA 10963 was published in the Philippines’
Official Gazette last December 27, 2017 and took effect last January 1,
2018.
The Tax Reform for Acceleration and Inclusion (TRAIN) is the
first package of the comprehensive tax reform program (CTRP)
envisioned by President Duterte’s administration, which seeks to correct
a number of deficiencies in the tax system to make it simpler, fairer,
and more efficient. It also includes mitigating measures that are
designed to redistribute some of the gains to the poor.
Through TRAIN, every Filipino contributes in funding more
infrastructure and social services to eradicate extreme poverty and
reduce inequality towards prosperity for all. TRAIN addresses several
weaknesses of the current tax system by lowering and simplifying
personal income taxes, simplifying estate and donor’s taxes, expanding
the value-added tax (VAT) base, adjusting oil and automobile excise
taxes, and introducing excise tax on sugar-sweetened beverages.
Impact of the Tax Reform

With the tax reform, it can further strengthen the macroeconomic
position to create an environment more conducive to high growth and
investment, good job creation, and faster poverty reduction.
Rating agencies have warned against the stalling of the tax reform
and a possible downgrade. Tax reform will allow the government to
invest in the people through infrastructure, education, health, housing,
and social protection.
Fears of spikes in inflation are unfounded. Inflation will still be
within the 2-4% target of the Bangko Sentral ng Pilipinas, and monetary
policy tools can be used to target inflation.
Growth in the Economy

Package 1 will help the economy grow by 1.3% by 2022. The GDP
will be boosted as a result of higher household consumption due to
lower income tax and the cash transfers. The increased economic
activity is buoyed by increased household consumption and increased
investments.
Effect in Inflation
Increase in inflation is low and within the BSP’s target range. The
increase in excise taxes will raise inflation by .42% in 2018, but will
quickly dissipate in succeeding years.

Employment Generation
Package 1 will create about half a
million jobs over the next half-decade
and could lift up to 250,000 Filipinos out
of poverty over the same period.
Package 1 can generate PHP 134
billion. If at least half of that is invested
in infrastructure, 67,000 jobs can be
directly generated in construction, and
almost 70,000 jobs can be created in the
Taken from ledgent.com
rest of the economy, for a total of 137,000 jobs. Packages 1-5,

meanwhile, can generate PHP 309 billion. This implies that a total
of 315,000 jobs can be created in the economy. The tax reform will also
enable to Build Build Build program to be realized. The program, which
is estimated to cost PHP 8.4 trillion, can create around 17 million jobs
over the implementation period. Even at only 50 percent
implementation, the program can create more than 8 million jobs over
its life.
Suggested Class Activities:

1. Group yourselves into three (3) and research about the TRAIN
LAW, its coverages and packages. What are the salient features
of R.A 10963?
2. What is your understanding of the TRAIN LAW? Are you for or

against it? Explain your answer by writing a one-page Reflection
Paper about your stand on the TRAIN LAW.
3. What is the meaning of the phrase “the power to tax is the power to
destroy?” Explain your answer by providing real-life examples.
4. Distinguish Taxation from the other inherent powers of the State.

Cite 5 differences.

Chapter 5
CRITICAL EVALUATION AND PROMOTION
OF LOCAL AND ORAL HISTORY
1. Manifest interest in local history and show
concern by promoting and preserving the
country’s historical and cultural heritage.
2. Critically evaluate the various cultural
heritage of the country.
3. Develop an appreciation of the local and oral
history, museums, historical shrines, cultural
performances, indigenous practices, religious
rites and rituals
4. Create a program that will help promote and
preserve the country’s heritage.

LESSON 5.1
PHILIPPINE FESTIVALS
The Philippines has a rich
historical beginning from pre-colonial
period down to the Japanese
Occupation. However, the Spanish
colonization made an indelible
impression on the country. This
mercurial era, along with the
American occupation, played a vital
role in shaping the Philippines and
its people. In the course of Spanish Taken from www.google.com
colonization in the Philippines, the

friars constructed opulent Baroque-style church edifices.
These structures are still found today everywhere across the
country and they symbolize the cultural influence of Spain in Filipino
life. The opulence of these edifices was clearly visible in the ornate
facades, paintings, and sculpture, as well as in the behavioral patterns
of the people and in the intricate rituals associated with Roman
Catholic churches.
In this way, the Roman Catholic Church and religion influenced
Filipino architectural and building style, even as the rituals and
festivities of the Church influenced Filipino dances, songs, paintings,
and literary writings. Through these influences, the Church afforded the
Filipinos abundant opportunities for both solemn rites and joyous
festivities and celebrations known as "fiestas."
On the other hand, when the United States took over the
Philippines, the people began to be free to join whatever religion they
wanted, they also introduce free education and use the English
language as the medium of expression. They also introduce the style of
clothing that they use to the Filipino culture like belts, suspenders,
short skirts/dresses, and bonnets/hats. They likewise introduce some
of the food to the Philippines that have been widely adopted into their
lifestyle like hamburgers and sandwiches
Thus, a vivid past has left its mark all over the archipelago in many
different forms that present-day visitors to the country are now
discovering.
The rich Philippine heritage can be experienced, not only in
textbooks and museums, but also in beautifully preserved historical
sites across the country. A simple textbook description of a historical
event comes to life upon a visit to the place where it unfolded. In a
CHAPTER FIVE: CRITICAL EVALUATION AND PROMOTION OF LOCAL AND ORAL HISTORY 175
like the Philippines, where history is kept alive, one does not need to go
far to travel back in time.
The tradition of the fiesta is an ancient one handed down from the
many Spanish religious practices. These celebrations may either be
Religious, Tribal, National celebration or Cultural Festival. However,
most fiestas are celebrated among patron saints and or the major
events in the life of Jesus Christ and His Mother. To name a few are
the Feast of the Black Nazarene, Ati-Atihan, Peñafrancia Fluvial
Festival, and Carabao Festival. Our Muslim brothers also observe the
Ramadan of the Hari-raya Puasa Feast. There are also feast that existed
prior to Spanish colonialization like the Tengao and Fagfagto which are
rituals among the Ifugaos, Bontocs and Kalingas of Mountain Province.
Filipino hospitality is legendary and at no time is it more in evidence
than at fiesta time.
Filipinos love to have fun, and it is obvious in the way they
celebrate fiestas or festivals. Fiestas or any community celebration
usually feature music, dancing, and food feasts, and they are
considered special opportunities for people to extend hospitality and
friendship to one another.
The Feast of the Black Nazarene

During the 9th of January every year,
devotees flock to Quiapo in Manila to be a
part of the yearly procession of the replica of
the Black Nazarene – a statue of Jesus
Christ suffering under the weight of the
cross. The original statue was brought to the
country from Mexico in the 1600s and is
believed to bring miracles to the people.
The statue, which normally resides
above the altar of the Quiapo basilica, draws
crowds to that church throughout the year, packing the hourly Masses
and the area around the basilica all day on Fridays and Sundays. The
Black Nazarene image is brought out of the shrine for public veneration
three times a year. On New Year’s Day, it is brought out to begin a
novena that leads up to the January 9 feast. On Good Friday, the day
most typically associated with Jesus carrying the cross, it is also
revered in public. But January 9 is the feast that draws massive crowds
to see and touch the statue. The event is carried live on television, and
the movement through the streets creates a religious frenzy unmatched
by any other religious event in the country. The procession usually
takes 18 to 22 hours, and sometimes even longer. The passion over the
opportunity to touch or accompany the Nazarene sometimes results in
serious casualties.
The procession of the Black Nazarene is also called

the Translacion, a Spanish word which means “to transfer” as the
devotees transfer the replica of Jesus Christ from its original home in
Rizal Park to where it’s currently at today, in the Quiapo Church. Most
Filipino Catholics consider the Nazarene statue to be miraculous, able
to heal terminal cancers and other sicknesses, to grant petitions, and to
help those in need.
Ati - Atihan
Ati-Atihan was originally a
pagan festival. Missionaries
gradually added Christian
meaning. Today, Ati-Atihan is
celebrated in honor of the Christ
Child, the Santo Niño. Three days
of parades lead up to the main
procession that starts in the
church on Sunday afternoon. The
parades are colorful and vibrant,
much like the Mardi Gras carnival
Taken from choosephilipiines.com
in Brazil.
Ati-Atihan is celebrated in Kalibo, Aklan, on the third Sunday of
January. It is held in honor of the Infant Jesus or Santo Niño. It derived
its name from the word Atis, the aboriginal Negritos in the area.
This resonant cry fills the air as the people of Kalibo (Aklan) and
their visitors – dressed in outlandish costumes and get-ups -- gyrate
through the streets in a hypnotized mass of dancing and shaking. Feet
stamping, hands clapping, bongos beating , and whistles blowing, all
cry out the rhythmic beat of the Ati-Atihan, undoubtedly the most
fantastic fiesta in the Philippines.
During Ati-Atihan, streets are filled with people singing and
dancing in striking costumes. These costumes are usually brightly
colored, with tall, impressive headdresses. Faces blackened with soot,
parade participants move to the rhythm of drumbeats and the clanging
sound of tin cans, crying "Hala, bira!" (ha-LAH bee-RAH) which means
"to strike a blow." School bands and orchestras add to the music, and
the revelers celebrate late into the night.
When festivities officially reach the penultimate point that happen
throughout the three-day celebration, Ati-Atihan ends somberly with a
procession on Sunday. Participants carry torches and, starting from
their town churches, walk along the streets that outline the town.
Carabao Festival
This is held on the feast day of San Isidro on May 15th in the
farming towns of San Isidro (Nueva Ecija); Pulilan (Bulacan); and
Angono (Rizal). On this day, the three towns pay homage to the beast of
burden which is the farmer’s best friend – the
lowly carabao. Early in the morning of May
15th, each farmer assembles his carefully
groomed and gaily dressed carabao at the
church yard, where the priest comes to bless
them, sprinkling them with holy water. After
this ceremony, the beasts of burden are lined
up to parade around the town.
The climax of the day’s activities arrives
when the carabaos line up and prepare to race
against each other across the fields. A signal
goes up and the thunderous hooves stampede
Taken from traditionscustoms.com
toward the finish line. At the finish line, the bulky beasts thunder to a
halt and kneel as if in prayer. The priest then comes out and once more
blesses them.
Thus, the culture of the Philippines comprises a blend of

traditional Filipino and Spanish Catholic traditions, with influences
from America and other parts of Asia. The Filipinos are family oriented
and often religious with an appreciation for art, fashion, music and
food.
Filipinos are also hospitable people who love to have a good time.
This often includes getting together to sing, dance, and eat. The annual
calendar is packed with festivals, many of which combine costumes and
rituals from the nation’s pre-Christian past with the Catholic beliefs and
ideology of present day.

LESSON 5.2
PHILIPPINE CULTURAL
PERFORMANCES
PHILIPPINE FOLK DANCE
Photo from gmanetwork.com
The Philippines enjoys a rich cultural heritage which includes a

diverse collection of traditional dances. From the well-known national
dance the Tinikling, which pays homage to the movements of a
much-loved bird, to dances that reflect elements of daily Philippine life,
these folk dances all offer a glimpse into the history of the country.
Philippine folk dance mirrors the culture and tradition of the
Filipinos. It has also been a source of culture identify of the people. In
this diversified country, there are also great diversity of dances in
different forms and dynamics that grow out of various times, situation
and experiences. How do Philippine folk dances reflect the culture and
tradition of Filipinos? Well, Philippine folk dances are a tradition dance
of the people from one generation to another. They are means of
expressing the beliefs, moods and emotions of a people, and have been
the mode of communication.
Philippine folk dance helps keep the people connected to their
ancestry and their traditions. Folk dance helps to preserve the cultural
unity of the people. Filipinos think folk dances are important because
they help keep the culture alive. People have been doing folk dances for
hundreds of years, and there is value keeping that tradition alive. Folk
dances are important because they preserve the Philippine culture and
pass it on to the next generation. They are a uniting force to the
Philippine people.
Some Folk dances in the Philippines
Singkil
Singkil dance takes its name
from the bells worn on the ankles
of the Muslim princess. Perhaps
one of the oldest of truly Filipino
dances, the Singkil recounts the
epic legend of the "Darangan" of
the Maranao people of Mindanao.
This epic, written sometime in the
14th century, tells the fateful story
of Princess Gandingan, who was
caught in the middle of a forest Taken from seasiteniu.edu
during an earthquake caused by the diwatas, or fairies or nymph of the

forest.
The rhythmic clapping of criss-crossed bamboo poles represent the

trees that were falling, which she gracefully avoids. Her slave loyally ac-
companies her throughout her ordeal. Finally, she is saved by the
prince. Dancers wearing solemn faces and maintaining a dignified pose
being dancing at a slow pace which soon progresses to a faster tempo
skillfully manipulate apir, or fans which represent the winds that prove
to be auspicious. The dancers weave expertly through criss-crossed
bamboos.
When performed by ladies of the royalty of Lanao, the dancer is
usually accompanied by a waiting lady, who holds a beautifully
decorated umbrella over the Princess' head wherever she goes. Royal
princesses to this day in the Sulu Archipelago are required to learn this
most difficult and noble dance.
Maglalatik: The Dance of War

All traditional dances tell a story.
The indigenous Maglalatik dance of
Philippines mimics the battle between
the Christian and the Muslim Moro
tribesmen. Maglalatik is also called as
Magbabao where ‘bao’ means ‘a coconut
shell’. It is an all–male dance with
coconut shells used as props.
The Maglalatik embodies the
element of a battle, reconciliation and a
Photo from simple knowledge.com
prize as well. It is usually performed

during religious processions at the town fiesta of Binan. It is also a
mark of obeisance to the patron saint of the town, San Isidro de
Labrador. A calm and elegant display of harmless weaponry, Maglalatik

four--part war dance, which the Moro had won technically.
Pandanggo sa Ilaw: Grace and Balance

Pandanggo sa Ilaw - The word
pandanggo comes from the Spanish
dance “fandango” characterized with
lively steps and clapping while following a
varying ¾ beat. Pandanggo requires
excellent balancing skill to maintain the
stability of three tinggoy, or oil lamps,
placed on head and at the back of each
hand. This famous dance of grace and
balance originated from Lubang Island,
Photo from danceask.com
Mindoro.
This dance was first created in the Philippines during the
15th century when the country was for the first time colonized by the
Spanish.
Itik-Itik
At one baptismal party in the Surigao
del Norte province, a young lady named
Kanang (the nickname for Cayetana),
considered the best dancer and singer of her
time, was asked to dance the Sibay.
She became so enthusiastic and
spirited during the performance that she
began to improvise movements and steps
similar to the movements of itik, the duck,
Taken from globalnation.inquirer.net
as it walks with short, choppy steps and

splashes water on its back while calling to its mate. The people liked the
dance so much that they all imitated her. There are six separate foot
sequences in the series of Itik-Itik steps.
Tinikling: Birds Dancing Over Bamboo

Perhaps the best-known dance in
Philippine folk dance history,
the Tinikling mimics the high-stepping strut of
birds in the Philippine jungles over the bamboo
traps the hunters would set for them. Two
dancers, usually male and female, gracefully
step in and out of crossed sets of bamboo poles
being moved together and apart to the music.
Taken from sites.gsu.edu
The dance gets faster and faster as it goes on, and it has been an
audience favorite for Philippine dance companies touring the world.
Tinikling illustrates the complexity and rhythmic challenge of expressive
and intricate Filipino folk dance forms.
Mother of Philippine Dance

To preserve these dances,
Francisca Reyes Aquino, who is
considered the legendary “Mother of
Philippine Dancing,” dedicated more
than four decades of her life to the
collection and dissemination of much of
the available information about
Philippine folk dances. Since 1921, she
has visited various places, including
remote areas, for research. She then

recorded all the information she had collected to preserve the
authenticity of folk dances.
She also founded The Philippine Folk Dance Society, bringing
together people who are interested in folk dancing. This led to the
formation of various dance troupes, who performed the dance
movements of these folk dances the same way as our ancestors. Among
the famous groups in the industry are Bayanihan Folk Dance Company,
Filipiniana Dance Company, Baranggay Troupe, FEU Troupe, and UE
Dance Troupe.
At present, most folk dance performances can be enjoyed at the
Cultural Center of the Philippines (CCP), which showcases an eclectic
range of local and international performance in dance, music, theatre,
and more. Local restaurants, in addition to a few hotels, also have
weekly folk and ethnic dance presentations. Dance never stops growing
and changing, and it can either flourish or die depending on how we
nurture it.
The efforts of the Philippine government, as well as that of the local
community, are essential to preserve and promote this national
treasure. Folk dance tells us a story. It gives us a peek into our
ancestors’ lives long ago, as well as the vibrant side of our people and
culture. More effort is needed to conserve and showcase these folk
dances today so that people will remember their beauty and future
generations will be able to appreciate our wonderful heritage.
Thus, Cultural awareness is a must; it is the foundation of literate
national communication. It involves one’s ability to stand back from
where he or she is to become more aware of cultural values, beliefs and
perceptions. Strengthening and preserving these values, beliefs, and
traditions can pose a great challenge especially today when culture has
become vulnerable because of globalization.

LESSON 5.3
UNESCO WORLD HERITAGE SITES
IN THE COUNTRY
“The Care of our own Historical Memory reveals the Degree of Civilization
and Morality of a country”
Cultural Heritage is an
expression of the ways of living
developed by a community and passed
on from generation to generation,
including customs, practices, places,
objects, artistic expressions and
values.
The term cultural heritage
encompasses several main categories
of heritage namely Cultural heritage
and Natural Heritage.
Image from culturaldevelopment.nl
Cultural Heritage are the tangible and the intangible cultural

heritage while Natural Heritage are natural sites with cultural aspects.
Tangible heritage may also be movable (paintings, sculptures, coins,
manuscripts), immovable (monuments and archaeological sites) and
underwater cultural heritage (shipwrecks, underwater ruins and cities).
While Intangible cultural heritage are oral traditions, performing arts,
rituals.
Natural heritage on the other hand are natural sites with cultural
aspects such as cultural landscapes, physical, biological or geological
formations.
The six (6) World Heritage Sites listed by the UNESCO in the
Philippines:
1. Baroque Churches of the Philippines
2. Historic Town of Vigan
3. Rice Terraces, Ifugao
4. Tubbataha Reef Natural Park
5. Mount Hamiguitan Range Wildlife Sanctuary
6. Puerto – Princesa Subterranean River National Park
1. Baroque Churches of the Philippines (1993)

These four Baroque churches was built during the Spanish Era in the
late 16th and 18th century. These churches are in Paoay, Ilocos Norte,
Santa Maria, Ilocos Sur, Intramuros, Manila, and Miag-ao,
Iloilo, Philippines. All of them were inscribed to the UNESCO World
Heritage Site list on 1993.
San Agustin Church, Paoay, Ilocos Norte
photo from Ferdinand Manuel
Church of Nuestra Señora de la Asuncion, Santa Maria, Ilocos Sur
photo from Remar Lapastora
Church of the Immaculate Conception of

San Agustín, Intramuros, Manila
photo from artesdelasfilipinas.com

Church of Santo Tomas de Villanueva, Miag-ao, Iloilo
photo from BluePrint
This group of churches established a style of building and design

that was adapted to the physical conditions in the Philippines and had
an important influence on later church architecture in the region. The
four churches are outstanding examples of the Philippine interpretation
of the Baroque style and represent the fusion of European church
design and construction with local materials and decorative motifs to
form a new church-building tradition.
2. Rice Terraces of Cordilleras (1995)

The Banaue Rice Terraces, another name for the Rice Terraces of
the Philippine Cordilleras, was named a UNESCO World Heritage Site in
1995 for its cultural importance. There are five sites included in this
inscription, all of which are part of the Cordillera region in the
Philippines. The rice terraces is a showcase of the complex method of
farming employed by the native Ifugao who lived in the area. It is
believed that the rice terraces took about 2,000 years to complete as the
rice terraces carved out the slopes of the mountains. It also took an
entire community to maintain these living rice terraces.
photo from bworldonline
The Rice Terraces of the Philippine Cordilleras is an outstanding

example of an evolved, living cultural landscape that can be traced as
far back as two millennia ago in the pre-colonial Philippines. The
terraces are in the remote areas of the Philippine Cordillera mountain
range on the northern island of Luzon, Philippine archipelago. While the
historic terraces cover an extensive area, the inscribed property consists
of five clusters of the most intact and impressive terraces, located in
four municipalities. They are all the product of the Ifugao ethnic group,
a minority community that has occupied these mountains for
thousands of years.
3. Historic Town Of Vigan (1999)

Established in the 16th century, Vigan is the best-preserved
example of a planned Spanish colonial town in Asia. Its architecture
reflects the coming together of cultural elements from elsewhere in the
Philippines, from China and from Europe, resulting in a culture and
townscape that have no parallel anywhere in East and South-East Asia.
photo fromwhc.unesco.org & primer.com.ph
Vigan is unique for having preserved much of its Hispanic colonial

character, particularly its grid street pattern and historic urban lay out.
Its significance also lies on how the different architectural influences
are blended to create a homogenous townscape.
4. Tubbataha Reefs Natural Park (1993 & 2009)

Tubbataha Reefs Natural Park lies in a unique position in the
centre of the Sulu Sea, and includes the Tubbataha and Jessie Beazley
Reefs. It protects an area of almost 100,000 hectares of high-quality
marine habitats containing three atolls and a large area of deep sea.
Photo from unesco & q phia
The property is home to a great diversity of marine life. Whales,

dolphins, sharks, turtles and Napoleon wrasse are amongst the key
species found here. The reef ecosystems support over 350 species of
coral and almost 500 species of fish. The reserve also protects one of the
few remaining colonies of breeding seabirds in the region.
5. Puerto Princesa Subterranean River National Park (1999)

This park features a spectacular limestone karst landscape with an
underground river. One of the river's distinguishing features is that it
emerges directly into the sea, and its lower portion is subject to tidal
influences. The area also represents a significant habitat for biodiversity
conservation. The site contains a full 'mountain-to-sea' ecosystem and
has some of the most important forests in Asia.
Photo from whc.unesco.org
The Puerto Princesa Subterranean River National Park was

designated as a UNESCO World Heritage Site in 1999 for its natural
importance. It is commonly referred to by tourists as the Underground
River. The national park is located within a cave that you must travel by
boat. The cave dome measures at about 300 meters in length wherein it
is filled with river channels, rock formations, and a deep water hole.
Aside from being recognized as a UNESCO World Heritage Site, it was
also named as one of the New 7 Wonders of Nature in 2011.
6. Mt. Hamiguitan Range Silent Sanctuary (2014)

Forming a north-south running mountain ridge along the Pujada
Peninsula in the southeastern part of the Eastern Mindanao
Biodiversity Corridor, the Mount Hamiguitan Range Wildlife Sanctuary
has an elevation range of 75-1,637 m above sea level, and provides
critical habitat for a range of plant and animal species. The property
showcases terrestrial and aquatic habitats and the species that they
host at a series of different elevations are responding to highly
dissimilar soil and climate conditions.
The Mount Hamiguitan Range Wildlife Sanctuary provides a
sanctuary to a host of globally threatened and endemic flora and fauna
species, eight of which are found nowhere else except Mount
Hamiguitan. These include critically endangered trees, plants and the
iconic Philippine Eagle and Philippine Cockatoo.
Photo from IUCN Naomi Doak Peter Harlow
Thus, Philippines is undeniably beautiful paradise. Its unique

location in asia that covers 7,107 islands that has different culture to
offer everyone. If we can go abroad, why not try to visit these beautiful
places and celebrate different colorful festivals around the archipelago.
the feast that everyone wants to experience and continues to celebrate
every year around.
Heritage Cycle

WORKSHEET 5
NAME: SCORE:
YEAR/SECTION: DATE:
True or False. Write T if the statement is True, otherwise, write F.
_______1. Mt. Hamiguitan Range Silent Sanctuary is inscribed in the

year 2004.
_______2. Church of Santo Tomas de Villasis is located in Iloilo.
_______3. These four Baroque churches were built during the Spanish
Era in the late 16th and 18th century.
_______4. Francisca Reyes Aquino, who is considered the legendary

“Mother of Philippine Dancing,”.
_______5. Maglalatik is also called as Mababao where ‘bao’ means ‘a

coconut shell’.
_______6. Tinikling is the national dance of the Philippines.
_______7. Ati-Atihan is celebrated in Kalibo, Aklan, on the third

Sunday of January.
_______8. The tradition of the fiesta is an ancient one handed down

from the many Spanish religious practices. These celebrations may
either be Religious, Tribal, National celebration or Cultural Festival.
_______9. Filipinos think folk dances are important because they help
keep the culture alive.
_______10. Singkil dance takes its name from the bells worn on the an-
kles of the Muslim princess.
Suggested Learning Activities:
1. What are the Sites that are on the tentative list intended to be
nominated according to the UNESCO?
2. Choose one (1) among the tentative list of the World Heritage Sites
in the Philippines. Analyze why you have chosen such and cite
your reason/s why you think it should be considered as one of the
historical sites of the country.
3. Aside from the folk dances mentioned, look for other folk dances
that represent Luzon, Visayas and Mindanao. Explain the origins,
purpose, cultural aspect and the importance to the Philippine
Heritage.

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DAR Administrative Order No. 02 - 06
Code of Agrarian Reforms
Agrarian Law and Social Legislation, Ungos Jr., and Ungos III
Agrarian Law and Social Legislation, Suarez
Cases:
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Association of small landowners vs. Secretary of Agrarian Reform, 175 SCRA343
MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY VS. MARCOS [261 SCRA 667]
CIR vs. Algue [158 SCRA9]
NPC vs. city of Cabanatuan, G.R. no.149110
PHILIPPINE GUARANTY V. CIR [13 SCRA 775],
Lorenzo vs. Posadas G.R. No L-43082
CIR vs. Sec. Corp G.R. no. L-29485
CEBU PORTLAND V. COLLECTOR [G.R. NO. 18649, FEBRUARY 27, 1965],
DELPHER TRADES CORPORATION V. INTERMEDIATE APPELLATE COURT [157
SCRA 349],
MCIAA V. MARCOS [261 SCRA 667],
FRANCIA V. IAC [162 SCRA 753]
REPUBLIC V. IAC [196 SCRA 335]
ABOUT THE AUTHORS
Imelda C. Nery, Ed.D. finished her Bachelor’s degree in Secondary

Education Major in History, Minor in English; Master’s Degree in
Educational Management; and Doctor of Philosophy degree in Educational
Management at the Centro Escolar University. She is also a holder of
Bachelor of Laws from Lyceum of the Philippines University. Dr. Nery is a
true-blooded Escolarian for 41 years, having worked as Head of the Social
Sciences for seven years. She also worked as the Dean of MLQU for two
years. Currently, she holds various positions in the academe - she is the
College Dean and the Chairman of the Continuing Professional Education of
Chiang Kai Shek College; a Lecturer in the Graduate School of CEU Manila,
MLQU and Chiang Kai Shek College; and a part-time Professor at San Beda
College, Adamson College, MLQU and Chiang Kai Shek College. She is also
a PACUCOA Accreditor for Education since 2016 up to present. Indeed, Dr.
Nery is a true Academician for 43 years.
Virgilio Valera Dolina Jr. is a graduate of AB Legal Management from the

Pontifical and Royal University of Santo Tomas in Manila. He has been
teaching Social Sciences subjects since June 2013 in Pamantasan ng
Lungsod ng Maynila, National University – Manila, and currently at PATTS
College of Aeronautics. He has served as a Trustee and Officer of the
National Association of UNESCO Clubs in the Philippines since 2012,
especially promoting programs and projects under social and human
sciences, and culture. In 2016 he co-founded AD REM Projects
Management, a company that is creatively engaged in initiating and
innovating projects that matter. He has been awarded in 2018 as one of
the Outstanding UNESCO Club Young Professionals of the Philippines. Mr.
Dolina is also studying Philippine laws under a Juris Doctor program at San
Sebastian College of Recoletos – Manila.
Paul John Guzman Sion is a graduate of Bachelor of Science in Commerce

Major in Legal Management from San Sebastian College – Recoletos Manila.
He is a former Artistic Director of the San Sebastian Recollect Dance Troupe
in 2012. After graduation, he worked as Claims Investigator before pursuing
his dream to become a lawyer. Mr. Sion is currently enrolled at San Beda

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What is the book about based on the preface?

What is the book about based on the preface?

What are the authors' backgrounds?

What are the authors' backgrounds?

Readings

Dr. Imelda C. Nery

Dr. Imelda C. Nery

Published & Distributed by:

ALL RIGHTS RESERVED

Published & Distributed by: JTCA Publishing

We thank Atty. Anna Suzanne C. Nery and Mr. Eugene B. Cruz II

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

We recognize the significant contributions of all the authors,

MARAMING SALAMAT PO!

Readings in Philippine History is one of the eight core courses

This book presents a number of primary sources which provides

Through this book, students are expected to understand the

CHAPTER 2 CONTENT & CONTEXTUAL ANALYSIS

CHAPTER 3 ONE PAST BUT MANY HISTORIES:

CHAPTER 4 SOCIAL, POLITICAL, ECONOMIC &

CHAPTER 5 CRITICAL EVALUATION and

1. Make a distinction between primary and

CHAPTER ONE: INTRODUCTION 1

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

However, looking into the etymology of the word, ‘history’ was

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

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

Prehistory and History

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

The LCI is considered to be the first legal document recorded in

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

1. Hail! In the Saka-year 822; the month of March-April; according to

The LCI was very instrumental in identifying the demarcation line

Why study history?

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

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

3. History contributes to moral understanding. History also

4. History provides identity. History also helps provide identity,

CHAPTER ONE: INTRODUCTION 5

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

History that lays the foundation for genuine citizenship returns,

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

1. The ability to assess evidence. The study of history builds

2. The ability to assess conflicting interpretations. Learning

3. Experience in assessing past examples of change. Experience

CHAPTER ONE: INTRODUCTION 7

Draw the first thing that comes into your mind

8 READINGS IN PHILIPPINE HISTORY

Write a short essay on the relevance of studying history

CHAPTER ONE: INTRODUCTION 9

Primary sources are original records of a certain event by people

Secondary sources, on the other hand, are records based on

To illustrate, if students wish to study the 1987 Constitution, the

Primary and secondary sources are both important in studying

1. Direct contact with the original records and artifacts invites

10 READINGS IN PHILIPPINE HISTORY

CHAPTER ONE: INTRODUCTION 11

12 READINGS IN PHILIPPINE HISTORY

Directions: Identify whether the statement is a PRIMARY or

2. Jose Rizal disliked the Chinese.

5. The Jabidah Massacre never

6. A Filipino helped found Los Angeles.

8. Bonifacio ‘acted like a king’ in