Philippine History Midterm Notes
Philippine History Midterm Notes
(GE 102)
MIDTERM NOTES
Philippine Constitutions
- 1899 Malolos Constitution
- 1935 Constitutions
- 1973 Constitutions
- 1987 Constitutions
- Manuel L. Quezon
- Ramon Magsaysay
- Diosdado Macapagal
- Corazon Aquino
-
Amazing Facts About the Presidents of the Philippines
Philippine Constitutions
Glossary of Terms:
Amendment
Change or addition to a document or legal provisions: ‘constitutional amendment’.
Appropriation
The act of allocating public money to a purpose.
Article
The main element of a constitution. A separate clause or provision of a statue (separate clauses in the
constitution).
Bill
Draft law presented to the legislature for enactment.
Bill of Rights
Fundamental rights and privileges guaranteed to a people against violation by the government
incorporated in the constitution. Whether or not a country should include a bill of rights in its
constitution must be decided upon by the people, or representatives of the people, of that country.
However, most nations today do in fact have a bill of rights incorporated in their constitutions.
Constitution
A constitution is the fundamental law, the basic law, of a country. The constitution determines the
fundamental political principles of the government, rules of procedure of that government, rights and
obligations of the citizenry and also sets forth methods to ensure accountability of governmental
branches.
Constituent Assembly
A Constituent Assembly is a body set up to make a new, or amend the existing, constitution. Members of
the Assembly are usually elected, though some may be chosen through other methods.
Constitutional Convention
A Constitutional Convention is a formal gathering or assembly of delegates or assembly of delegates or
representative tasked with creating, revising or amending a constitution.
Enact
To make, or pass a law.
Executive/Executive Power
Having power to put decisions, laws, etc. into effect (power conferred on the executive). In some
federations, the federal executive has extensive independent authority to make laws by decree or in
circumstances of a national emergency.
Impeachment
Process under which charges are brought in against a high constitutional authority, public official or
judge.
Judiciary
The branch of government that is endowed with the authority to interpret the law, adjudicates legal
disputes, Legislation
The process of making enacted law; the body of enacted laws (note: an individual law is not ‘a legislation’
but a ‘piece of legislation’ or ‘a statue’) otherwise administers justice.
Plebiscite
The direct vote of all the members of an electorate on an important public question such as a change in
the constitution.
Proclamation
A formal public statement.
Procurement
The act of getting possession of something (in constitutions usually the process by which the government
decides on and acquires services, goods, etc.)
Ratification
Making something valid by formally approving or confirming it: ‘a referendum may ratify a constitution’;
‘Parliament may ratify a treaty’.
Referendum
A popular vote by the electorate to decide an issue, not to choose people.
Resolution
A formal decision made by a body like; determining a matter of dispute: ‘resolution of a dispute’.
Rule of law
It is a doctrine that holds that no individual is above the law and everyone regardless of their social status
is equal before law. It is a condition in which every member of society including its ruler accepts the
authority of the law. This carries the implication that this applies equally to all levels of government.
The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12,
1898. In 1899, the Malolos Constitution, the first Philippine Constitution—the first republican
constitution in Asia—was drafted and adopted by the First Philippine Republic, which lasted from 1899
to 1901.
During the American Occupation, the Philippines was governed by the laws of the United States of
America. Organic Acts were passed by the United States Congress for the administration of the
Government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which provided
for a Philippine Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act
of 1916, which included the first pledge of Philippine independence. These laws served as constitutions
of the Philippines from 1902 to 1935.
In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters
for the creation of a constitution for the Philippines. The Act mandated the Philippine Legislature to call
for an election of delegates to a Constitutional Convention to draft a Constitution for the Philippines. The
1934 Constitutional Convention finished its work on February 8, 1935. The Constitution was submitted
to the President of the United States for certification on March 25, 1935. It was in accordance with the
Philippine Independence Act of 1934. The 1935 Constitution was ratified by the Filipino people through
a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with
the inauguration of the Commonwealth of the Philippines. Among its provisions was that it would
remain the constitution of the Republic of the Philippines once independence was granted on July 4,
1946.
In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The
legislature was changed from a unicameral assembly to a bicameral congress. The amendment also
changed the term limit of the President of the Philippines from six years with no reelection to four years
with a possibility of being reelected for a second term.
During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed
Preparatory Committee on Philippine Independence to replace it. The 1943 Constitution was used by the
Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The
Constitution remained 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 citizen’s 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.
President Emilio Aguinaldo issued the first proclamation that celebrated the effectiveness of a
constitution in 1899 on January 23, 1899. In the Proclamation, President Aguinaldo ordered the release
of Spanish prisoners under the custody of the Philippine revolutionary forces, to mark the inauguration of
the First Philippine Republic. No subsequent proclamations were issued because of the outbreak of the
Philippine-American War and the fall of the First Philippine Republic in 1901.
When the United States Congress authorized the creation of a constitution for the Philippines in
accordance with the Tydings-Mcduffie Act of 1934, a Constitutional Convention was established to draft
a charter for the Philippines and it finished its work on February 8, 1935. On the inauguration of the
Commonwealth of the Philippines on November 15, 1935, the new charter came into full force and
effect. A year later, President Manuel L. Quezon issued Proclamation No. 36, s. 1936, declaring the 8th
of February of every year as Constitution Day to commemorate the completion of the 1934
Constitutional Convention’s task. This commemoration was observed throughout the Commonwealth of
the Philippines and the Third Republic, up until the declaration of martial law on September 23, 1972.
(President Ferdinand E. Marcos reiterated President Quezon’s original proclamation by issuing
Proclamation No. 10, s. 1966.)
In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter, the
1973 Constitution. In commemoration, President Marcos, repealed President Quezon’s Proclamation
No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which moved Constitution Day from
February 8 to January 17 of every year. This proclamation commemorated the day when President
Marcos certified that the new Constitution had been ratified. Constitution day was commemorated until
the end of President Marcos term but was overshadowed by the Proclamation making September 21st of
every year “Thanksgiving day”, the date indicated on Presidential Proclamation No. 1081, s. 1972: Martial
law, however, was actually declared two days later when President Marcos announced it through
nationwide television.
When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom
constitution, also known as Proclamation No. 3, s. 1986, then our current constitution, the 1987
Constitution. This constitution came into full force and effect on February 11, 1987, after President
Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation issued by President Aquino
included the results of the plebiscite held on February 2, 1987.
After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988,
which moved the commemoration of Constitution Day from January 17 to February 2 of every year—a
proclamation still in effect to this day.
Emilio Aguinaldo issued a decree on July 18, 1898 asking for the election of delegates to the
revolutionary congress, another decree was promulgated five days later, which declared that
Aguinaldo would appoint representatives of congress because holding elections is not practical at that
time. He appointed 50 delegates in all (but this number fluctuated from time to time). In accordance
with these two decrees, Aguinaldo assembled the Revolutionary Congress at the Barasoain Church in
Malolos, Bulacan on September 15, 1898.
The atmosphere was festive and the Pasig Band played the national anthem. After Aguinaldo had read
his speech congressional elections were held among the delegates present. The following were among
the most important achievements of the Malolos Congress:
1. In September 29, 1898, ratified the declaration of Philippine independence held at Kawit, Cavite on
June 12, 1898
2. Passage of a law that allowed the Philippines to borrow P 20 million from banks for government
expenses
3. Establishment of the Universidad Literatura de Filipinas and other schools
4. Drafting of the Philippine Constitution
5. Declaring war against the United States on June 12, 1899
Malolos Constitution
A committee headed by Felipe Calderon and aided by Cayetano Arellano, the constitution was drafted,
for the first time by representatives of the Filipino people and it is the first republican constitution in
Asia. The constitution was inspired by the constitutions of Mexico, Guatemala, Costa Rica, Brazil,
Belgium and France. After some minor revisions (mainly due to the objections of Apolinario Mabini), the
final draft of the constitution was presented to Aguinaldo. This paved the way to launching the first
Philippine Republic. It established a democratic, republication government with three branches - the
Executive, Legislative and the Judicial branches. It called for the separation of church and state. The
executive powers were to be exercise by the president of the republic with the help of his cabinet.
Judicial powers were given to the Supreme Court and other lower courts to be created by law. The Chief
justice of the Supreme Court was to be elected by the legislature with the concurrence of the President
and his Cabinet.
The First Philippine Republic was inaugurated in Malolos, Bulacan on January 21, 1899. After being
proclaimed president, Emilio Aguinaldo took his oath of office. The constitution was read article by article
and followed by a military parade. Apolinario Mabini was elected as a prime minister. The other cabinet
secretaries were: Teodoro Sandico, Interior; Baldomero Aguinaldo, War; Gen. Mariano Trias, Finance &
War; Apolinario Mabini, Foreign Affairs; Gracio Gonzaga for Welfare, Aguedo Velarde, Public
Instruction; Maximo Paterno, Public Works & Communication; and Leon María Guerrero for
Agriculture, Trade & Commerce.
Aguinaldo commissioned Julian Felipe, a composer from Cavite province was asked to write an an
instrumental march for the proclamation of independence ceremony. The original title was "Marcha
Filipina Magdalo". This was later changed to "Marcha Nacional Filipina". The lyrics was added in August
1899 based on the poem titled "Filipinas" by Jose Palma. The original lyrics was written in Spanish, then
to English (when the Flag Law was abolished during the American period) then later, was translated to
Tagalog, which underwent another change of title to “Lupang Hinirang”, the Philippine National Anthem.
1935 Constitution
The Constitution, whether written or unwritten is recognized as the supreme law of the land as it
serves as the basis for the legitimacy of any governmental acts necessary for its existence. It is a
codified law that determines the powers and duties of a government and it embodies certain rights of
the people.
Right after the signing of the Treaty of Paris in Washington D.C in 1898 that ceded the Philippines to
the US paying the amount of $20, 000, 000 to Spain in the process, and the eruption of Filipino-
American War in 1899, our country was placed under a military government until 1901 with the passing
of the Spooner Amendment, putting an end to the military rule in the Philippines and replacing it with
a civil government with William H. Taft as the first civil governor. The ratification of the Philippine Bill
of 1902, which called for the creation of a lower legislative branch composed of elected Filipino
legislators, and the Jones Law in August 1916 gave the Filipinos the opportunity to govern themselves
better. The First Philippine Assembly, which convened on October 16, 1907, was composed of educated
Filipinos from illustrious clans such as Sergio Osmeña and Manuel L. Quezon, who revived the issue of
immediate independence for the Filipinos and this was expressed by sending political missions to the
US Congress.
Controversy divided the Philippine legislature with the debate on the acceptance or rejection of the Hare-
Hawes-Cutting Bill brought home by Osmeña-Roxas mission from the US Congress in 1931, which
provided for a 10-year transition period before the granting of Philippine independence. The passage of
the independence bill resulted in the splitting of the Democrata Party and Nacionalista Party into two
factions; the Pros and Antis. Majority in the legislature led by Quezon and Recto rejected the said bill,
thereby composing the Antis, while the Pros became the Minority under Osmena, Roxas and others.
On October 17, 1933, Quezon and others triumphed in this battle as the Philippine legislature rejected
the bill. Quezon eventually brought in from the United States the Tydings-McDuffie Act (Public Law 73-
127) authored by Sen. Millard Tydings and Rep. John McDuffie, a slightly amended version of the Hare-
Hawes-Cutting bill signed by President Franklin Roosevelt on March 24, 1934. The bill set July 4 after
the tenth year of the commonwealth as date of Philippine independence. This was accepted by the
Philippine Legislature on May 1, 1934.
The organization of constitutional Convention that would draw up the fundamental law of the land
based on the American model was one of the salient provisions of the Tydings-McDuffie Act. Delegates to
the convention were subsequently elected in 1934. In the first meeting held on July 30 at the session of
the House of Representatives, Claro M. Recto was unanimously elected as its President.
Salient features of the 1935 Constitution include the following: a bicameral legislature composed of a
Senate and House of Representatives. The President is to be elected to a four-year term together with
the Vice-President without re-election; rights of suffrage by male citizens of the Philippines who are
twenty-one years of age or over and are able to read and write; extension of the right of suffrage to
women within two years after the adoption of the constitution.
The draft of the constitution was approved by the convention on February 8, 1935 and ratified by Pres.
Roosevelt in Washington D.C on March 25, 1935. Elections were held in September 1935, Manuel L.
Quezon was elected as the president of the Commonwealth. The 1935 Constitution provided the legal
basis of the Commonwealth Government which was considered a transition government before the
granting of the Philippine independence with American-inspired constitution; the Philippine government
would eventually pattern its government system after American government. It has been said that the
1935 Constitution was the best-written Philippine charter ever.
1973 Constitution
The 1973 Constitution established a parliamentary form of government and introduced the merger of
executive and legislative powers. The Chief Executive, the Prime Minister, was elected by a majority of
all the members of the National Assembly from amongst themselves and could be dismissed by
electing a successor Prime Minister. On the other hand, the Prime Minister had the power to advise the
President to dissolve the National Assembly and call for a general election. The President was reduced
to being a symbolic head of state.
This parliamentary form of government was never implemented. The Transitory Provisions of the 1973
Constitution, which provided for a transition from the old presidential form of government to a
parliamentary system, specifically made the proclamation, decrees and acts of the incumbent
President
part of the law of the land and at the same time empowered the President to initially convene the
interim National Assembly which was never effected.
By amendments to the Constitution in October 1976, however, the powers of the incumbent President
were maintained and augmented and an Interim Batasang Pambansa (interim legislature) was created,
having the same powers as a regular legislative body. In Amendment No 3, the powers of the President
and Prime Minister were merged in the then incumbent President (Ferdinand E Marcos), who
immediately became a member of the Interim Batasang Pambansa. Because of these Amendments, he
occupied the positions of President and Prime Minister, which arrangement was to last only during the
transition period or until the members of the regular legislature ‘shall have been elected’. Under
Amendment No 6, the President was also empowered to continue to exercise legislative powers until
martial law ‘shall have been lifted’. If in his judgment, ‘there exists a grave emergency or threat or
imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails
or is unable to act adequately on any matter for any reason that in his judgment requires immediate
action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of
instructions which shall form part of the law of the land’. Likewise, Amendment No 7 stipulated the
continuance of the barangays (smallest political subdivision) and sanggunians (councils) and the use of
referenda to ascertain the will of the people regarding important matters, whether of national or local
interest. On 07 April 1978, 160 regional representatives apportioned among the 13 regions of the
country were elected to the Interim Batasang Pambansa while 14 members representing the youth,
agriculture, labour and industrial labour sectors were chosen on 27 April 1978. the Interim Batasang
Pambansa convened on 12 June 1978 with a total membership of 192.
The 1973 Constitution was subsequently amended in 1980 and 1981. The 1980 Amendments increased
the retirement age of Supreme Court judges from 65 to 70 years. The 1981 Amendments introduced a
modified form of presidential/parliamentary system. The President, who was the head of state and
chief executive of the Republic, was directly elected by the people for a term of six years. There was a
Prime Minister who was elected by a majority of the Batasang Pambansa upon nomination of the
President. He was head of the Cabinet and had supervision of all ministries. Together with the Cabinet,
he was responsible to the Batasang Pambansa for the programme of the government, approved by the
President. The Batasan could withdraw its confidence from the Prime Minister and the latter could seek a
popular vote of confidence on fundamental issues and request the President to dissolve the legislature.
There was also an Executive Committee designated by the President, composed of the Prime Minister as
Chairman and not more than 14 members, at least half of whom were members of the Batasang
Pambansa. It was charged with assisting the President in the exercise of his powers and functions and in
the performance of his duties. The other 1981 Amendments included the composition of the Batasang
Pambansa; the qualification of its members; their term of office and the setting up of the first regular
elections in 1984; electoral reforms on the accreditation of political parties and change of political
party affiliation; and the provision that a natural-born citizen of the Philippines who had lost his
Philippine citizenship could be a transferee of private land for residential purposes.
According to one constitutionalist, although the 1973 Constitution classified governmental powers into
the three areas of the executive, legislative, and judiciary, the separation of powers and its corollary rule
of non-delegation of power were neither well-defined nor strictly observed. Martial Law was lifted on 17
January 1981, and military tribunals were abolished by Proclamation No 2045. A presidential election
was held on 16 June 1981 and President Marcos was again re-elected. In his inaugural address on 30
June 1981, he proclaimed the birth of the Fourth Republic under the New Constitution, as amended.
The assassination of former Senator Benigno S Aquino, on 21 August 1983, triggered mass
demonstrations and an economic crisis which paved the way to another set of amendments to the
1973 Constitution. The 1984 Amendments consisted of the following:
(1) the establishment of a different mode of presidential succession with the creation of the Office of
the Vice-President and the abolition of the Executive Committee;
(2) the apportionment of representation in the Batasang Pambansa by province, city, and by districts in
Metropolitan Manila, instead of by region;
(3) the grant, as an additional mode for the acquisition of public lands and that the agrarian reform
programme may include the grant or distribution of alienable public lands to qualified tenants, farmers
and other landless citizens; and
(4) making the State undertake an urban land reform and social housing programme for the homeless,
landless, and the low-income resident citizens.
On 14 May 1984, elections were held for the 183 elective seats in the 200-member Batasang
Pambansa. The legislature convened on 23 July 1984. An impeachment resolution was filed by 57
members of the opposition against President Marcos but this was dismissed by the Batasan Committee
on Justice for not being sufficient in form and substance to warrant further consideration. On 03
November 1985, President Marcos announced the calling of a special presidential election and for
which the Batasang Pambansa set 7 February 1986 as the date of the so-called ‘snap election’. Corazon
C Aquino and Salvador H Laurel as presidential and vice-presidential candidates were pitted against
President Marcos and Arturo M Tolentino. The election on 7 February emerged as the most anomalous
poll ever held in the country with widespread incidents of stuffed ballots, election returns snatchings,
harassments, mauling, and vote-buying with 10% of Metropolitan Manila voters being disenfranchised.
Despite an awakened and vigilant citizenry working through the NAMFREL (National Movement for Free
Elections), whose count gave Aquino a wide lead of one million, the Batasang Pambansa declared
Marcos and Tolentino to be the winners. Subsequent events led to an Armed Forces mutiny and the
four-day ‘people-power revolution’, which resulted in the ousting of President Marcos from the
Philippines on 25 February 1986.
1987 Constitution
When Corazon C Aquino took her oath of office as President on 25 February 1986, Proclamation No 130
was issued wherein she declared that she and her Vice-President were ‘taking power in the name and
by the will of the Filipino people’ on the basis of the clear sovereign will of the people expressed in the
election of 07 February 1986. The new government came into power not in accordance with the
procedure outlined in the 1973 Constitution but as explicitly stated in the preamble to Proclamation No.
3 which stated that ‘the new government was installed through a direct exercise of the power of the
Filipino people assisted by units of the New Armed Forces of the Philippines’ and that this ‘heroic action
of the people was done in defiance of the provisions of the 1973 Constitution, as amended’.
The Provisional Constitution, otherwise known as the Freedom Constitution, adopted in to the
provisions of Article I (National Territory), Article III (Citizenship), Article IV (Bill of Rights), Article V
(Duties and Obligations of Citizens), and Article VI (Suffrage) of the 1973 Constitution, as amended.
Other provisions, such as Article II (Declaration of Principles and State Policies), Article VII (The
President), Article X (The Judiciary), Article XI (Local Governments), Article XII (The Constitutional
Commission), Article XIII (Accountability of Public Officers), Article XIV (The National Economy and
Patrimony of the Nation), and Article XV (General Provisions) were adopted insofar as they were not
inconsistent with the provisions of the Proclamation, while Articles VIII, IX, XVI and XVII were deemed
to be superseded. Under the Provisional Commission, all existing laws, decrees, executive orders,
proclamations, letters of instructions and other executive issuances, not inconsistent with this
Proclamation, were to remain operative until amended, modified or repealed by the President or the
regular legislative body to be established under a new Constitution.
The President continued to exercise legislative power. Pursuant to Article V of the Provisional
Constitution, the Constitutional Commission was constituted under Proclamation No 936 composed of
48 members with the task of drafting a Constitution in ‘as short a period as may be consistent with the
need to hasten the return of normal constitutional government’. After 133 days of work by a vote of 45
to 2, the proposed new Constitution, consisting of a preamble, 18 articles and 321 sections, was
submitted to the President on 15 October 1986. It was ratified by the people in a plebiscite held on 02
February 1987. By its very nature, the Provisional Constitution as well as the revolutionary government
which operated it, self-destructed upon the ratification and effectivity of the New Constitution since the
incumbent President and Vice-President elected in the 07 February 1986 electoral exercise were
provided a six-year term of office until 30 June 1992 under the Transitory Provisions. The Congressional
elections were scheduled to be held on 11 May 1987. The incumbent President continued to exercise
legislative powers until the first Congress was set to be convened. Despite several coups, President
Aquino completed her term under the 1987 Constitution. Elections were held on 11 May 1992 and Fidel V
Ramos was elected President.
Pre-Spanish Period
“This land is Ours God gave this land to us”
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
“United we stand, divided we fall”
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.
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.
American Period
“Long live America”
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.
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.
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. 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 of 1954) -- governed the relationship between
landowners and tenant farmers by organizing share-tenancy and leasehold system. The law provided
the security of tenure of tenants. It also created the Court of Agrarian Relations.
Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure Administration (LTA)
which was responsible for the acquisition and distribution of large tenanted rice and corn lands over
200 hectares for individuals and 600 hectares for corporations.
Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration) --
Provided small farmers and share tenants loans with low interest rates of six to eight percent.
Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished share
tenancy, institutionalized leasehold, set retention limit at 75 hectares, invested rights of preemption
and redemption for tenant farmers, provided for an administrative machinery 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.
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.
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 15, 1988.
Subsequently, four Presidential issuances were released in July 1987 after 48 nationwide
consultations before the actual law was enacted.
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 1987-1992.
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.
When President Fidel V. Ramos formally took over in 1992, his administration came face to face
with publics 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 provisions of RA 6657 and exempted fishponds 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 absolutely 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.
“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph Estrada and
made him very popular during the 1998 presidential election.
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
or MAGKASAKA. The DAR forged into joint ventures with 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.
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 vigorous in implementing land acquisition and
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.
Infrastrucre 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 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
agricultural estates in the country that have escaped the coverage of the program.
Under his administration, the Agrarian Reform Community Connectivity and Economic Support
Services (ARCCESS) project was created to contribute to the overall goal of rural poverty reduction
especially in agrarian reform areas.
Agrarian Production Credit Program (APCP) provided credit support for crop production to newly
organized and existing agrarian reform beneficiaries’ organizations (ARBOs) and farmers’
organizations not qualified to avail themselves of loans under the regular credit windows of banks.
The legal case monitoring system (LCMS), a web-based legal system for recording and monitoring
various kinds of agrarian cases at the provincial, regional and central offices of the DAR to ensure
faster resolution and close monitoring of agrarian-related cases, was also launched.
Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011, to
mandate the Department of Agriculture-Department of Environment and Natural Resources-
Department of Agrarian Reform Convergence Initiative to develop a National Greening Program in
cooperation with other government agencies.
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
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.
Manuel L. Quezon was the first Filipino to grace the cover of TIME Magazine on November 25,
1935. If you’re featured on the cover of TIME magazine, it means you are a notable international
figure.
Three from the presidents of the Philippines were Top 1 in the Philippine Bar Exam
Manuel A. Roxas (1913 Bar Exam with a grade of 92)
Diosdado P. Macapagal (1936 Bar Exam with a grade of 89.85)
Three from the presidents of the Philippines were Top 2 in the Philippine Bar Exam
Sergio S. Osmeña
Jose P. Laurel
Elpidio R. Quirino
Manuel L. Quezon and Sergio Osmeña were classmates and were both top-notchers in the Bar
Exam in 1903. Osmeña was 2nd placer, Quezon was 4th placer. Nevertheless, Quezon became
president before him.
During Ramon Magsaysay’s presidency, the Philippines had its “Golden Years” for its lack of
corruption. The country was also ranked second in Asia’s clean and well-governed countries.
Fidel V. Ramos was known as the most-effective president because he boosted a positive
financial outlook on the economy. The Philippine Stock Exchange was one of the best in the
world, and he received the top honor for World Peace Price for his achievement in realizing
economic growth, political stability, and democratic freedom in Philippines and Asia Pacific
region, as well as his promotion for World Peace.
Gloria Macapagal Arroyo was consistently on the Dean’s List at Georgetown University in
Washington D.C., where she started a friendship with then-future President Bill Clinton. Arroyo
was also a former Economics professor at the Ateneo de Manila University, where her eventual
successor, President Benigno Aquino III, was one of her students.
Rodrigo Duterte launched the Build! Build! Build! Program which aims for the “Golden Age of
Infrastructure” in the Philippines. This project will boost the economy, accelerate transportation,
increase job opportunities, and produce more income. This project includes a Tokyo-style
Railway in Manila, NLEX-SLEX connector road, Cebu Bus Transit, Clark International Airport
Expansion, Subic-Clark Railway Project, Mactan International Airport project, Binondo-
Intramuros Bridge and many more.