Module 10 To 12 With Pre-Final Exam
Module 10 To 12 With Pre-Final Exam
Module 10 To 12 With Pre-Final Exam
unaltered until 1947 when the Philippine Congress called for its amendment through Commonwealth Act No. 733. On March
11, 1947 the Parity amendment gave United States citizens equal rights with Filipino citizens to develop natural resources in
the country and operate public utilities. The Constitution, thereafter, remained the same until the declaration of martial law on
September 23, 1972.
Before President Marcos declared Martial Law, a Constitutional Convention was already in the process of deliberating on
amending or revising the 1935 Constitution. They finished their work and submitted it to President Marcos on December 1,
1972. President Marcos submitted it for ratification in early January of 1973. Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the
newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced that it had been ratified
and in full force and effect on January 17, 1973. Although the 1973 Constitution had been “ratified” in this manner, opposition
against it continued. Chief Justice Roberto V. Concepcion in his dissenting opinion in the case of Javellana v. Executive
Secretary, exposed the fraud that happened during the citizen’s assembly ratification of the 1973 Constitution on January, 10
– 15, 1973. However, the final decision of this case was that the ratification of the 1973 Constitution was valid and was in
force.
When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain
provisions of the 1973 Constitution and promulgating in its stead a transitory constitution. A month later, President Aquino
issued Proclamation No. 9, s. 1986, which created a Constitutional Commission tasked with writing a new charter to replace
the 1973 Constitution. The commission finished its work at 12:28 a.m. of October 16, 1986. National Plebiscite was held on
February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of Proclamation No. 58, President Aquino
announced the official canvassing of results and the ratification of the draft constitution. The 1987 Constitution finally came
into full force and effect that same day with the President, other civilian officials, and members of the Armed Forces swearing
allegiance to the new charter.
The 1987 Constitution established a representative democracy with power divided among three separate and independent
branches of government: the Executive, a bicameral Legislature, and the Judiciary. There were three independent
constitutional commissions as well: the Commission on Audit, the Civil Service Commission, and the Commission on
Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights,
and it provided for free, fair, and periodic elections. In comparison with the weak document that had given Marcos a legal
fiction behind which to hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political repression
and oppression.
Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of the state and the
chief executive, but he is subject to significant checks from the other branches, especially in times of emergency, which, given
the history of the country, was obviously intended to be a safeguard against a repeat of Marcos’ martial law despotism. For
example, in cases of national emergency, the President can still declare martial law, but not for a period longer than 60 days.
Congress can revoke this decision by a majority vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to justify martial law. The
President can grant pardons and amnesty. He is also empowered to make or accept foreign loans. He cannot, however, enter
into treaties without the consent of the Senate. The President and Vice-President are elected at large by a direct vote, but the
President may only serve one 6-year term. The Cabinet, consisting of the President’s advisers and heads of departments, is
appointed by the President and it assists him in his governance functions.
Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House of
Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no more than two
consecutive 6-year terms. The House is composed of 250 elected members. Most of these Representatives are elected by
district for 3-year terms, but 20% of the total membership is chosen in proportion to party representation. Besides the
exclusive power to legislate, one of the most important powers of Congress is the ability to declare war, which it can through a
two-thirds vote in both houses. Even the power to legislate, however, is subject to an executive check. The President retains
the power to veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both
houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a Supreme Court and
lower courts created by law. The Supreme Court is a 15-member court appointed by the President without need for
confirmation by Congress. Appointment, however, is limited to a list of nominees presented to the President by a
constitutionally-specified Judicial and Bar Council. This Council consists of 7 members: the Chief Justice of the Supreme
Court, the Secretary of Justice, a representative from Congress, a representative of the Integrated Bar, a professor of law, a
retired member of the Supreme Court, and a representative of the private sector. The first four serve for four years, the law
professor for three, the retired Justice for two, and the private sector representative for one year. The Supreme Court Justices
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may hear, on appeal, any cases dealing with the constitutionality of any law, treaty, or decree of the government, cases where
questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It may also exercise
original jurisdiction over cases involving government or international officials. The Supreme Court also is charged with
overseeing the functioning and administration of the lower courts and their personnel.
Government oversight bodies
The Constitution also establishes three independent Constitutional Commissions. The Civil Service Commission acts as a
central agency in charge of government personnel. The Commission on Elections enforces and administers all election laws
and regulations to ensure that they are free and fair for all involved. Finally, the Commission on Audit examines all funds,
transactions, and property accounts of the government and its agencies. Each of these Commissions is given governing and
financial autonomy from the other branches of government to ensure unbiased decision-making. All decisions made by these
Commissions are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning of the government, the
Constitution also creates an Office of the Ombudsman to investigate complaints regarding public corruption, unlawful
behaviour of public officials, and other public misconduct. The Ombudsman can then charge such misbehaving public officials
before a special court called the Sandiganbayan. The Ombudsman is also independent administratively and financially from
the other branches of government, although the President is vested with the power to appoint the Ombudsman and his
Deputies (from a list also prepared by the Judicial and Bar Council) for single 7-year terms. Only the House has the power to
initiate impeachment of the President, the members of the Supreme Court, and a few other constitutionally protected public
officials like the Ombudsman. The Senate is then supposed to try the impeachment case. Each of these aforementioned
independent agencies was created for the purpose of promoting moral and ethical conduct in government.
REFERENCES
1.Alporha, Veronica C. and Candelaria John Lee P. (2018). Readings in Philippine History. Manila: Rex Book Store, Inc.
2.______Constitution Day, official gazette.gov.ph, Official Gazette,2021,
https://www.officialgazette.gov.ph/constitutions/constitution-day.
3.______Constitutional history of Philippines, constitutionnet.org, Constitution Net,
https://constitutionnet.org/country/constitutional-history-philippines.
MODULE 12
Topic: Agrarian Reform Policies Desired Learning Outcome:
A) Propose recommendation or resolutions to present day problems on land
reforms based on their understanding of root causes, and their anticipation of
Duration: 3 hrs future.
Policies on Agrarian Reform
Agrarian Reform is essentially the rectification of the whole system of agriculture, an important aspect of the Philippine
economy because nearly half of the population is employed in the agricultural sector, and most citizens live in rural areas.
Agrarian Reform is centered on the relationship between production and the distribution of land among farmers. It is also
focused on the political and the distribution of land among farmers. It is also focused on the political and economic class
character of the relations of production and distribution in farming and related enterprises, and how these connect to the wider
class structure. Through genuine and comprehensive agrarian reform, the Philippines would be able to gain more from its
agricultural potential and uplift the Filipinos in the agricultural sector, who have been, for the longest time, suffering in poverty
and discontent.
Pre-Spanish Period
Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs or datus. The datus
comprised the nobility. Then came the maharlikas (freemen), followed by the aliping mamamahay (serfs) and aliping
saguiguilid (slaves).However, 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.
Spanish Period
When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. This system
grants that Encomienderos must defend his encomienda from external attack, maintain peace and order within, and support
the missionaries. In turn, the encomiendero acquired the right to collect tribute from the indios (native).The system, however,
degenerated into abuse of power by the encomienderos 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.
First Philippine Republic
When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo declared in the Malolos Constitution his
intention to confiscate large estates, especially the so-called Friar lands.However, as the Republic was short-lived,
Aguinaldo’s plan was never implemented.
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American Period
Significant legislation enacted during the American Period:
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
President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon.
Significant legislation enacted during Commonwealth Period:
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 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.
Elpidio R. Quirino (1948-1953) enacted the following law:
Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement Administration with Land
Settlement Development Corporation (LASEDECO) which takes over the responsibilities of the Agricultural Machinery
Equipment Corporation and the Rice and Corn Production Administration.
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.
REFERENCE
1._________,Agrarian Reform History.dar.gov.ph, Department of Agrarian Reform, 2021, https://www.dar.gov.ph/about-
us/agrarian-reform-history.
INITAO COLLEGE
P-2A, Jampason,
Initao, Misamis Oriental
9022 Philippines
Name:______________________________ Course/Year/Group:________________
Place of Learning Hub:________________ Contact #:________________________
Name of Instructor:___________________ Date of Submission:________________
_______________________1.It was the first Philippine Constitution which was drafted and adopted by the First Philippine
Republic, which lasted from 1899 to 1901.
_______________________2.It was the first Organic Acts passed by the United States Congress for the administration of the
Government of the Philippine Islands which provided for a Philippine Assembly composed of Filipino citizens.
_______________________3.This Act served as the first pledge of Philippine independence.
_______________________4.This governmental body was created to ensure the ethical and lawful functioning of the
government and investigate complaints regarding public corruption, unlawful behaviour of public officials, and other public
misconduct
_______________________5. A member of the Supreme court must have served ___ years or more a judge of a lower court
or had engaged in the practice of law in the Philippines.
_______________________6.The senators’ term of office is ___ years.
_______________________7.The House of Representatives has _____ consecutive terms.
_______________________8. The President can still declare martial law, but not for a period longer than ___ days.
_______________________9. Give the three independent constitutional commissions (5 points)
_______________________10. Marcos issued _________creating citizens assemblies to ratify the newly drafted constitution
by means of a Viva Voce vote in place of secret ballots.
PART 2 . Draw a heart if the statement is true. If the statement is false draw a broken heart.
_________ 1. Arroyo’s vision is “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.”
_________2.“ERAP PARA SA PANGARAP” was the battle cry that endeared President Joseph Estrada and made him very
popular during the 1998 presidential election.
_________3.Republic Act No. 8435, 1997 has provided an additional Php50 billion for CARP and extended its
implementation for another 10 years.
_________4.President Corazon C. Aquino enacted the Executive Order No. 228 in July 16, 1987 which 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.
_________5.The Torrens system, which the Americans instituted for the registration of lands, did not solve the land problem
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completely.
PART 3.ESSAY.
1. What do you think is the main reason why our country’s agricultural sector was less developed compared to that of
our neighbouring countries agricultural status? (2 sentences)
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