READINGS IN THE PHILIPPINE HISTORY
SOCIO-CULTURAL
AGRARIAN REFORM (20 ITEMS)
AGRARIAN REFORM VS LAND REFORM
AGRARIAN REFORM
Agrarian reform is a policy measure or tool of the
government geared towards providing resolutions to land
disputes between landowners and farmer tillers.
Agrarian Reform is considered wider than land reform. It
does not focus on land reform alone but also reform and
development of complementary institutional framework
such as administrative agencies of national government,
rural, educational and social welfare institutions,
cooperatives and not simply to the question of the
relationships of the farmers to the land.
The land distribution secures the farmers’ tenure,
promotes social equity, and provides farmers a
productive resource towards ensuring their economic
viability and productivity.
LAND REFORM
Land reform is a mechanism designed to provide a clearcut procedures and provisions needed in the distribution
of agricultural lands to priority farmer beneficiaries.
ASPECTS OF AGRARIAN REFORM
ECONOMIC
The position of agriculture in the national economy –
although there’s a series of industrial programs from the
government, still our economy relies heavily on the
agricultural sector.
A large proportion of the total working population is
employed in agriculture and a large percentage
contribution to the gross domestic product (GDP) comes
from agriculture.
One method of motivating the farmers to increase their
production is to make them own the land they till to free
them from the control of the landlords. Agrarian reform
was strengthened to create an economic environment that
will encourage farmers to produce more and market more
of what they produce.
The Agrarian Reform has resulted in favorable sociocultural changes as follows:
a. A change from a self-subsistent mindset to one of
surplus for selling.
b. Social order in the farmlands started to improve
significantly.
c. Farmers became more active in practicing leadership
roles.
d. As land reform enhanced agricultural productivity
and consequently increased net family incomes, the
farmers were able to send their children to school.
e. Agrarian reform also promoted a modern outlook
among farmers wich includes receptiveness and modern
family planning programs and also awareness of the
economic alternatives in the urban and industrial sectors.
RELIGIOUS
Based on the biblical teachings God is the owner of the
earth and that he made it all for his children. Food was not
made for a few all possess the God-given right to use and
enjoy the fruits of the earth for the advancement of their
lives.
The majority of the Filipino masses are longing for the
possession of the land. Immersed in the chains of poverty
they yearned for the ownership of land. These desires
were so strong that resulted in multiple revolts. Sad to say,
however, the Filipinos rarely found any help and support
from the church. On the contrary, some revolts were
directly pointed to the lands owned by the church. That’s
why the church became the enemy of land reform.
HISTORY OF AGRARIAN REFORM
PRE-SPANISH ERA
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The land owned by these communities is
known as barangay which consists of 30-100
families which is administered by different
chiefs.
In these barangays, everyone regardless of
status had access to the land and mutually
shared resources with the rest of the
community.
They believed in and practiced the concept of
“stewardship” where the relationship
between man and nature is important.
READINGS IN THE PHILIPPINE HISTORY
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Land cultivation was done commonly by
kaingin system or the slash and burn method
wherein land was cleared by burning the
bushes before planting the crops or either
land was plowed and harrowed before
planting.
Food production was intended for family
consumption only at first but later on,
neighboring communities were engaged in
barter trade, exchanging their goods with
others. Some even traded their agricultural
products with luxury items of some foreign
traders like the Chinese, Arabs, and
Europeans.
The only recorded transaction of land sale during that
time was the Maragtas Code.
This is the selling of the Panay Island to the ten Bornean
datus in exchange for a golden salakot and a long gold
necklace.
Filipinos were not given the right to own
land and only worked in them so that they might have a
share of the crops and pay tribute.
The encomienda system was an unfair and abusive
system as “compras y vandalas” became the norm for
the Filipino farmers working the land.
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the hacienda system developed at the beginning of the
nineteenth century as the Spanish government
implemented policies that would fast track the entry
of the colony into the capitalist world.
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The Code of Luwaranwas, one of the oldest written
laws of the Muslim society which contains provisions
on the lease of cultivated lands, there was no record of
how the lease arrangement was practiced.
LANDOWNERSHIP IN THE PHILIPPINES UNDER SPAIN
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Rural communities, often dispersed and
scattered in nature, were organized into a
pueblo and given land to cultivate.
Families were not allowed to own their land
– the King of Spain owned the land, and
Filipinos were assigned to these lands to
cultivate them, and they paid their colonial
tributes to the Spanish authorities in the form
of agricultural products
Through the Law of the Indies, the Spanish crown
awarded tracts of land to:
1. religious orders;
2. repartamientos for the Spanish military as a
reward for their service; and
3. Spanish encomenderos, those mandated to
manage the encomienda of the lands given to
them, where Filipinos worked and paid their
tributes to the encomendero.
They were made to sell their products at a
very low price or surrender their products to
the encomenderos, who resold this at a profit.
Filipinos in the encomienda were also
required to render services to their
encomenderos that were unrelated to
farming.
The economy was tied to the world market as
the Philippines became an exporter of raw
materials and an importer of goods.
Agricultural exports were demanded, and the
hacienda system was developed as a new
form of ownership.
1860s, Spain enacted a law ordering landholders to
register their landholdings, and only those who knew
benefitted from this.
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Lands were claimed and registered in other
people’s names, and many peasant families
who were “assigned” to the land in the earlier
days of colonization were driven out or
forced to come under the power of these
people who claimed rights to the land
because they held a title.
AMERICANS
The Philippine Bill of 1902 provided regulations on the
disposal of public lands.
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A private individual may own 16 hectares of
land while corporate landholders may have
1,024 hectares. Americans were also given
rights to own agricultural lands in the
country.
The Philippine Commission also enacted Act No. 496
or the Land Registration Act
READINGS IN THE PHILIPPINE HISTORY
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Introduced the Torrens system to address the
absence of earlier records of issued land titles
and conduct accurate land surveys.
Rehabilitation and rebuilding after the
war were focused on providing solutions to the
problems of the past.
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In 1903, the homestead program was introduced
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This allowed a tenant to enter into an
agricultural business by acquiring a farm of
at least 16 hectares. This program, however,
was limited to areas in Northern Luzon and
Mindanao, where colonial penetration had
been difficult for Americans, a problem they
inherited from the Spaniards.
Landownership did not improve during the American
period; in fact, it even worsened.
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There was no limit to the size of landholdings
people could possess and the accessibility of
possession was limited to those who could
afford to buy, register, and acquire fixed
property titles.
Not all friar lands acquired by the Americans
were given to landless peasant farmers. Some
lands were sold or leased to American and
Filipino business interests.
This early land reform program was also
implemented without support mechanisms –
if a landless peasant farmer received land, he
only received land, nothing more.
During the years of the Commonwealth government,
the situation further worsened as peasant uprisings
increased and the landlord-tenant relationship became
more and more disparate.
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President Quezon laid down a social justice
program focused on the purchase of haciendas,
which were to be divided and sold to tenants.
His administration also created the National Rice
and Corn Corporation (NARIC) to assign
public defenders to assist peasants in court battles
for their rights to the land, and the Court of
Industrial Relations to exercise jurisdiction over
disagreements arising from the landowner-tenant
relationship.
The homestead program also continued
through the National Land Settlement
Administration (NLSA).
POST-WAR
INTERVENTIONS
AGRARIAN REFORM
TOWARDS
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The administration of President Roxas
passed Republic Act No. 34
to establish a 70-30 sharing arrangement
between tenant and landlord, respectively,
which reduced the interest of landowners’
loans to tenants at six percent or less.
The government also attempted to
redistribute hacienda lands, falling prey to
the woes of similar attempts since no support
was given to small farmers who were given
lands.
Under the term of President Elpidio
Quirino,
the
Land
Settlement
Development Corporation (LASEDECO)
was established
to accelerate and expand the resettlement
program for peasants.
This agency, later on, became the National
Resettlement
and
Rehabilitation
Administration (NARRA) under the
administration
of
President
Ramon
Magsaysay.
Magsaysay saw the importance of pursuing a genuine
land reform program and convinced the Congress, the
majority of which were landed elites, to pass
legislation to improve the land reform situation.
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Republic Act No. 1199 or the Agricultural
Tenancy Act was passed to govern the
relationship between landholders and tenant
farmers, protecting the tenurial rights of
tenants and enforced tenancy practices.
Through this law, the Court of Agricultural
Relations was created in 1955 to improve
tenancy security, fix land rentals of tenanted
farms, and resolve land disputes filed by the
landowners and peasant organizations.
The Agricultural Tenancy Commission was
also established to administer problems
created by the tenancy.
The Agricultural Credit and Cooperative
Financing Administration (ACCFA) was
also created mainly to provide warehouse
facilities and assist farmers in marketing their
products.
The administration spearheaded the
establishment of the Agricultural and
Industrial Bank to provide easier terms in
applying for homestead and other farmlands.
READINGS IN THE PHILIPPINE HISTORY
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NARRA accelerated the government’s
resettlement program and distribution of
agricultural lands to landless tenants and
farmers. It also aimed to convince members
of the Huks, a movement of rebels in Central
Luzon, to resettle in areas where they could
restart their lives as peaceful citizens.
A major stride in land reform arrived during the term
of President Diosdado Macapagal through the
Agricultural Land Reform Code (Republic Act No.
3844).
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Primary Source: Declaration of Policy under
RA No. 3844 or Agricultural Land Reform
Code
Source: Section 2. Declaration of Policy – It
is the policy of the State:
1. To establish owner-cultivators and the
economic family-size farm as the basis of
Philippine agriculture and, as a consequence,
divert landlord capital in agriculture to
industrial development;
2. To achieve a dignified existence for the small
farmers free from pernicious institutional
restraints and practices;
3. To create a truly viable social and economic
structure in agriculture conducive to greater
productivity and higher farm incomes;
4. To apply all labor laws equally and without
discrimination to both industrial and
agricultural wage earners;
5. To provide a more vigorous and systematic
land resettlement program and public land
distribution; and,
6. To make the small farmers more
independent, self-reliant, and responsible
citizens, and a source of genuine strength in
our democratic society.
This Code abolished share tenancy in the Philippines and
prescribed a program to convert tenant-farmers to lessees
and later on owner-cultivators. It also aimed to free
tenants from tenancy and emphasize owner-cultivators
and farmer independence, equity, productivity
improvement, and public land distribution.
AGRARIAN REFORM EFFORTS UNDER MARCOS
President Marcos declared Martial Law in 1972, enabling
him to essentially wipe out the landlord-dominated
Congress. Through his “technocrats,” he
was able to expand executive power to start a
“fundamental restructuring” of government, including its
efforts in solving the deep structural problems of the
countryside.
Presidential Decree No. 27 or the Code of Agrarian
Reform of the Philippines became the core of agrarian
reform during the Marcos regime.
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Primary Source: Presidential Decree No. 27,
21 October 1972
This shall apply to tenant farmers of private
agricultural lands primarily devoted to rice
and corn under a system of sharecropping or
leader-tenancy, whether classified as landed
estate or not;
The tenant farmer, whether inland classified
as landed estate or not, shall be deemed the
owner of a portion constituting a family-size
farm of five (5) hectares of not irrigated and
three (3) hectares if irrigated;
In all cases, the landowner may retain an
area of not more than five (5) hectares if
such landowner is cultivating such area or
will now cultivate it.
Under the rice self-sufficiency program “Masagana
’99,” farmers were able to borrow from banks and
purchase three-hectare plots of lands and agricultural
inputs. However, the landlord class still found ways to
circumvent the law.
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Because only rice lands were the focus of
agrarian reform, some landlords only needed
to change crops to be exempted from the
program, such as coconut and sugar lands.
Lands worked by wage labor were also
exempt from the program, so the landed elite
only had to evict their tenants and hired
workers instead. Landlessness increased,
which made it all the more difficult for the
program to succeed because landless
peasants were excluded from the program.
Many other methods were employed by the
elite to find a way to maintain their power
and dominance, which were worsened by the
corruption of Marcos and his cronies who
were also involved in the agricultural sector.
READINGS IN THE PHILIPPINE HISTORY
POST 1986 AGRARIAN REFORM
Corazon Aquino
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On 22 July 1987, Aquino issued Presidential
Proclamation 131 and Executive Order 229,
which outlined her land reform program.
In 1988, Congress passed Republic Act No.
6657 or the Comprehensive Agrarian Reform
Law (CARL), which introduced the program
with the same name (Comprehensive
Agrarian Reform Program or CARP). It
enabled the redistribution of agricultural
lands to tenant-farmers from landowners,
who were paid in exchange by the
government through just compensation and
allowed them to retain not more than five
hectares. Corporate landowners were,
however, allowed under law to voluntarily
divest a proportion of their capital stock,
equity, or participation in favor of their
workers or other qualified beneficiaries
instead of turning over their land to the
government.
CARP was limited because it accomplished very little
during the administration of Aquino. It only accomplished
22.5% of land distribution in six years owing to the fact
that Congress, dominated by the landed elite, was
unwilling to fund the high compensation costs of the
program. It was also mired in controversy since Aquino
seemingly bowed down to the pressure of her relatives by
allowing the stock redistribution option. Hacienda Luisita
reorganized itself into a corporation and distributed stocks
to farmers.
President Joseph E. Estrada
Executive Order No. 151, September 1999 (Farmer’s
Trust Fund) that allowed the voluntary consolidation of
small farm operation into medium and large scale
integrated enterprise that can access long-term capital.
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Gloria Macapagal-Arroyo
the agrarian reform program 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.”
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President Fidel Ramos,
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CARP implementation was speeded in order
to meet the ten-year time frame, despite
limitations and constraints in funding,
logistics, and participation of involved
sectors.
By 1996, the Department of Agrarian Reform
(DAR) distributed only 58.25% of the total
area target to be covered by the program. To
address the lacking funding and the
dwindling time for the implementation of
CARP, Ramos signed Republic Act No.
8532 in 1998 to amend CARL and extend the
program to another ten years.
During his administration, President Estrada
launched the Magkabalikat Para sa
Kaunlarang Agraryo or MAGKASAKA. The
DAR forged into joint ventures with private
investors in the agrarian sector to make FBs
competitive.
However,
the
Estrada
administration was short-lived. The masses
who put him into office demanded his ouster.
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She focused on land tenure improvement
wherein DAR will remain vigorous in
implementing the land acquisition and
distribution component of CARP.
The DAR will improve the land tenure
system through land distribution and
leasehold. There is also the provision of
support services.
CARP not only involves the distribution of
lands but also included a package of support
services which includes: credit assistance,
extension services, irrigation facilities, roads
and bridges, marketing facilities, and training
and technical support programs.
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.
The KALAHI Agrarian Reform (KAR)
Zones were also launched. These zones
consist of one or more municipalities with a
concentration of ARC population to achieve
greater agro-productivity. To help clear the
backlog of agrarian cases, DAR will hire
more paralegal officers to support
undermanned adjudicatory boards and
introduce a quota system to compel
adjudicators to work faster on agrarian
READINGS IN THE PHILIPPINE HISTORY
reform cases. DAR will respect the rights of
both farmers and landowners.
Benigno Aquino III
He 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.
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The younger Aquino distributed their familyowned 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 were 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.
Rodrigo Roa Duterte
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.
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phase of agrarian reform where landless
farmers would be awarded 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.
THE PHILIPPINE CONSTITUTION
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basic principles and laws of a nation that
determine the powers and duties of the
government and guarantee certain rights to
the people in it
etymology: Latin word “Constituo” which
means “fixed”, “established”, or “settled”
NATURE AND PURPOSES OF CONSTITUTION
1. Serves as the supreme or fundamental law
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It is the Charter creating the government.
It is binding to all individual citizens and all
organs of the government.
It is the law to which all other laws must
conform.
It is the test of the legality of all
governmental actions.
2. Establishes the basic framework and underlying
principles of government
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Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches their
respective powers and duties (Art 1)
To establish certain basic principles on which
the government is founded.
TYPES OF CONSTITUTION
READINGS IN THE PHILIPPINE HISTORY
1. As to origin and history:
A. Conventional or enacted – one which is
enacted by a constituent assembly or granted
by a monarch to his subjects
B. Cumulative or evolved – one which is a
product of a long period of development
originating in customs, traditions, judicial
decisions rather than from deliberate and
formal enactment
2. As to form:
A. Written Constitution – one which has been
given definite form at a particular time,
usually by a specially constituted authority
called a “constitutional convention” or
“constitutional commission”
B. Unwritten Constitution – one which is
entirely a product of political evolution,
consisting largely of a mass of customs,
usages and judicial decisions
A. The Supreme Council which was vested
with the power of the Republic, headed by
the president and four departments’
secretaries, the interior, foreign affairs,
treasury, and war.
B. The Consejo Supremo de Gracia Y Justicia
(Supreme Council of Grace and Justice),
which was given the authority to make
decisions and affirm or disprove the
sentences rendered by other courts and to
dictate rules for the administration of justice.
C. The Asamblea de Representantes (Assembly
of Representatives), which was to be
convened after the revolution to create a
new Constitution and to elect a new Council
of Government and Representatives of the
people
The Philippine Revolution reached a stalemate in 1897
when the revolutionary forces of General Emilio
Aguinaldo fled to the mountains of Biak-na- Bato in
San Miguel de Mayumo, Bulacan.
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3. As to manner of amending them:
A. Rigid or inelastic – one regarded as a
document of special sanctity, which cannot
be amended or altered except by some special
machinery other than ordinary legislative
process
B. Flexible or elastic – one which possesses no
higher legal authority than ordinary laws and
which may be altered in the same way as
other laws
EVOLUTION OF PHILIPPINE CONSTITUTION
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The Constitution of Biak-na-Bato was the
provisionary Constitution of the Philippine
Republic during the Philippine Revolution
and was promulgated by the Philippine
Revolutionary Government on November 1,
1897. The constitution borrowed from Cuba,
and was written by Isabelo Artacho and Félix
Ferrer in Spanish, and later on translated into
Tagalog.
The organs of the government under the Constitution
were:
Philippines is the first Asian country to have
a constitution, a president, and a republican
form of government.
November 1, 1897 – the constitution was promulgated
by the Philippine Revolutionary Gov’t and became the
provisionary constitution of the gov’t during the
revolution against Spain.
A government was a Sumpreme Council with a:
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President
Vice President
Secretary of Interior
Secretary of foreign relations
Secretary of War
Secretary of Treasury
The official language was Tagalog.
The judiciary power was vested in another Supreme
Council of Justice.
Articles 22 to 25 were essentially the Bill of Rights
accorded to every Filipino.
This constitution was to last only for 2 years which, at
certain periods, it was superseded by laws and decrees
made by Aguinaldo.
READINGS IN THE PHILIPPINE HISTORY
THE MALOLOS REPUBLIC CONSTITUTION
(1899)
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The first republican constitution in Asia.
It declared that sovereignty resides
exclusively in the people, stated basic civil
rights, separated the church and state, and
called for the creation of an Assembly of
Representatives to act as the legislative body.
It also called for a Presidential form of
government with the president elected for a
term of four years by a majority of the
Assembly.
It was titled "Constitución política", and was
written in Spanish following the declaration
of independence from Spain, proclaimed on
January 20, 1899, and was enacted and
ratified by the Malolos Congress, a Congress
held in Malolos, Bulacan.
The Malolos Congress had its inagural
session at Barasoain Church in Malolos on
Sept. 15, 1898 amidst a large celebration
and coverage by both the local and foreign
press.
One of it acts was to ratify the
Independence declaration in Kawit.
Apolinario Mabini – presidential adviser that time.
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Head of the constitutional convention and
constitutional commission
Another group led by Pedro Paterno decided to create
a constitution to form a government that would
be recognized by foreign powers. But Mabini was
against it, however, he was overruled by Paterno and
his allies.
Discussions for the Constitution began on October 25
after the submission of a draft by Felipe Calderon.
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Felipe Calderon made the draft of Malolos
constitution (October 25)
It took 1 year for the draft to be approved
(November 29)
Approved by Emilio Aguinaldo in January
21,1899
The original draft of the constitution emphasized a
popular government which means supreme powers is
given to a legislative body since it is the representative
of the people.
The President, Judiciary and the
Supreme Court would be selected by legistative body
which, at that time, was the Malolos Congress. Mabini
objected to this proposal and the approval of the
Consti was delayed. The amendments were made and
the document was finally approved by Aguinaldo in
January 21.
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Effective from January 21 1899 to 1902
The Malolos Constitution was the first republican
Constitution in Asia. It main features were as follows:
1. Based on democratic traditions in which
the government formed was a “popular,
representative and responsible” with 3
distinct
branches – the
executive,
legislative, and the judicial.
2. A presidential form of government – the
president elected for a term of 4 years by a
majority of the Assembly convened as a
constituent assembly
3. It recognized the freedom of religion and
the separation of the church and state;
4. It emphasized and safeguarded the basic
civil rights on only Filipinos but foreigners
through a Bill of Rights (Articles XIX to
XXIII).
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Expansion of rights and privilege of Filipinos
THE
1935
CONSTITUTION
AND
COMMONWEALTH CONSTITUTION
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Features: Established the Commonwealth
Government; Provided a Democratic and
Republican government and Inclusion of the
Bill of Rights
1 year later, the Jones Law of 1916 also known as the
Philippine Autonomy Act was passed by the US
Congress.
The Jones Law recognized the government with an:
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American Governor General
A Cabinet
An all – Filipino legislature composed of
the Senate and the House of
Representatives
We are still colony of America and there is
still an American governor general but all of
the cabinet members of the governor general
should be all Filipino
READINGS IN THE PHILIPPINE HISTORY
From 1918 to 1932, there were at least 5 Philippine
Independence Act. It provided for the drafting and
guidelines
of
a
constitution
for
a
10 – year “transitional period” gov’t before the
granting of independence.
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Hare-Hawes cutting law and Tydings
McDuffie law
Americans agree to have our independence
and our own government provided that
Philippine government should undergo 10
years transitionary government
This was known as the Commonwealth Government.
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July 10, 1934, an election was held to vote
for the delegates to write a constitution for
the Philippines.
202 delegates were elected and the
convention was opened in July 30.
The draft of the constitution was finished
by January 31, 1935 and was only
approved by the convention on February
8.
There was only 1 dissenter, Tomas Cabili
of Lanao, who felt that the constitution did
not serve the people of Mindanao.
The powers of the President are: to veto any
bill of the Assembly, to promulgate regulations when the
Assembly is not in session and in times of war or national
emergency, to declare martial law, to suspend the
privilege of the writ of habeas corpus, and to appoint the
members of the Council of State and officials of the local
government.
The Commonwealth was interrupted by the Second World
War and the Japanese Occupation of the Phils.
The Commonwealth under Pres. Manuel Quezon went to
exile in the U.S.
As part of their policy of attraction in their Greater East
Asia Co - Prosperity Sphere Program, the Japanese
offered to grant the Philippines its independence.
KALIBAPI or Kapisanan ng Paglilingkod sa Bagong
Pilipinas (a filipino party that time), convened and elected
a Philippine Commission for Philippine Independence
(PCPI) to write a new constitution.
This was finished and signed in September 4, 1943 in a
public ceremony and ratified by the KALIBAPI a few
days later.
•
The 1935 Constitution of the Philippines served as:
•
•
The fundamental law of the land from 1935
to 1972.
It established the commonwealth of the Phils.
and provides that upon withdrawal of
American sovereignty in the country and the
declaration of Phil. Independence, the
Commonwealth shall be known as the
Republic of the Philippines.
THE JAPANESE OCCUPATION AND THE
PHILIPPINE REPUBLIC (1943 CONSTITUTION)
•
The 1943 Constitution of the Republic of the
Philippines, composed of a preamble and
twelve articles, creates a Republican state
with a powerful executive branch and
subordinate legislative and judicial branches.
The executive power is vested in the
President, who is to be elected by the
members of the National Assembly from
among themselves. The President is the head
of government, and commander-in-chief of
the Armed Forces.
October 14, 1943 — as provided for in the
new constitution, the Second Philippine
Republic was inaugurated with Jose P. Laurel
as President.
The 1943 Constitution was basically a condensed
version of the 1935 Constitution consisting only of a
preamble and 12 articles.
•
•
It created a Republic with 3 offices,
(executive, legislative, and judicial) but
owing to the war, no legislative was
convened. Instead, the powers of government
were concentrated with the President.
The bill of rights basically enumerated the
citizen's duties and obligations rather than
their constitutional rights and Tagalog was
declared the National Language.
THE 1973 CONSTITUTION
DICTATORSHIP
•
AND
MARCOS
Features: Establishment of a modified
parliamentary government; Suspension of
the Bill of Rights, and has given greater
power to the Executive Department.
READINGS IN THE PHILIPPINE HISTORY
June 1, 1971 - a constitutional convention was
convened at the Manila Hotel.
•
Its purpose was to write a new constitution
due to the new challenges in Phil. Republic
that developed since it was formed in 1946.
That time, it is 2nd term of Pres. Marcos that
the convention opened.
The 1973 Constitution remained in force
until February 22 – 25 EDSA People Power Revolution
of 1986 which People which toppled the Marcos
Administration.
THE FREEDOM CONSTITUTION (1986)
•
The convention’s activities soon came to a temporary
half when President Marcos declared Martial Law on
Sept. 21, 1972.
November 30 - the convention was reconvened and a
draft constitution was finally finished and approved but
instead of being ratified by a plebiscite, however, Marcos
submitted it to “citizen assemble” that was formed to
approve or reject the new constitution.
The plebiscite was held from Jan. 10-15, 1972 and the
constitution was overwhelmingly approved.
Jan 17, 1973 – President Marcos signed Proclamation
No. 1102 declaring the 1973 Constitution ratified.
The 1973 constitution provided for a parliamentary
form of government in which:
•
•
•
the President was the symbolic head of
state and the Prime Minister was the head
of gov’t.
the Prime Minister, who was nominated
by the President, acted as the head of the
cabinet.
The prime minister is elected by the congress
•
Legislative power was vested in the Batasang
Pambansa.
•
The Constitution also provided for the
establishment
of
the
Civil
Service
Commission, the Commission on Election and
the Commission on Audit.
•
•
In 1981, amendments were made to the 1973
Constitution and the President was restored
from a symbolic head of state to its original
status as the head and chief executive of the
country.
It also granted the President several powers
and functions which were originally vested in
the Prime Minister and the Cabinet.
Promulgated by President Corazon C.
Aquino on March 25, 1986, was a
Provisional Constitution after a successful
People Power Revolution. Under the
Freedom Constitution, executive and
legislative powers are exercised by the
President, and shall continue to exercise
legislative powers until a legislature is
elected and convened under the new
Constitution. Furthermore, the President is
mandated to convene a Constitutional
Commission tasked to draft a new charter.
March 24, 1896 – President Aquino signed Proclamation
No. 3 entitled “Declaring a National Policy to implement
the Reforms Mandated by the people, Protecting their
Basic Rights, Adopting a Provisional Constitution, and
Providing for an orderly Transition to a Government
under New Constitution.
Freedom Constitution was proclaimed to recognized
the Aquino administration and set aside the 1973
Constitution.
•
Transitionary constitution
The Aquino administration is a temporary
revolutionary government until the framing of a new
constitution. It adopted some provisions especially the
Bill of Rights of 1973 Constitution.
The president continued to exercise legislative powers
until a legislature was convened under a new
constitution.
The President was given the power to appoint the
members of a Constitutional Commission tasked
to draft a new charter “truly reflective of the ideals
and aspirations of the Filipino people.”.
•
Aquino appointed Cecilia Muñoz-Palma as
the head of constitutional convention and to
protect the rights, ideas, reason of all
Filipinos
THE 1987 CONSTITUTION
READINGS IN THE PHILIPPINE HISTORY
•
The Constitution begins with a preamble and
eighteen
self-contained
articles.
It
established the Philippines as a "democratic
republican State" where "sovereignty resides
in the people and all government authority
emanates from them." It allocated
governmental powers among the executive,
legislative, and judicial branches of the
government.
•
May 26, 1986 – Pres. Aquino appointed 50
CONCOM members representing the various
sectors of society from politics to the arts and to
religion.
•
June 2 – the ConCom, headed by former Justice
Cecilia Muñoz Palma, commenced its sessions at
the Batasang Pambansa in Quezon City.
•
October 12, 1986 - the ConCom completed their
task and presented the draft constitution to
President Aquino on October 15.
•
February 2, 1987 - the ratification was held for
the new Constitution.
•
February 11, 1987 – the new constitution was
proclaimed ratified and in effect.
The Executive branch is headed by the president and his
cabinet, whom he appoints. The president is the head of
the state and the chief executive, but his power is limited
by significant checks from the two other co-equal
branches of government, especially during times of
emergency.
The legislative power resides in a Congress divided into
two Houses: The Senate and the House of
Representatives. The 24 senators are elected at large by
popular vote, and can serve no more than two consecutive
six- year terms. The House is composed of district
representatives representing. A particular geographic area
and makes up around 80% of the total number of
representatives.
Aside from the exclusive power of legislation, Congress
may also declare war, through a two-thirds vote in both
upper and lower house. The power of legislation,
however, is also subject to an executive check, as the
president retains the power to veto or stop a bill from
becoming a law. Congress may only override this power
with a two-thirds vote in both houses.
Aside from the exclusive power of
legislation, Congress may also declare war, through a
two-thirds vote in both upper and lower house. The power
of legislation, however, is also subject to an executive
check, as the president retains the power to veto or stop a
bill from becoming a law. Congress may only override
this power with a two-thirds vote in both houses. The
Supreme Court Justices 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. Supreme Court is also in
charge of overseeing the functioning and administration
of the lower courts and their personnel.
three independent Constitutional Commissions,
namely, the Civil Service Commission, a central agency
in charge of government personnel, the Commission on
Elections, mandated to enforce and administer all election
laws and regulations, and the Commission on Audit,
which examines all funds, transactions, and property
accounts of the government and its agencies.
the Office of the Ombudsman was created to investigate
complaints that pertain to public corruption, unlawful
behavior of public officials, and other public misconduct.
The Ombudsman can charge public officials before the
Sandiganbayan, a special court created for this purpose.
THE 1987 CONSTITUTION CONSISTS OF 18
ARTICLES WITH A PREAMBLE. AMONG ITS
SIGNIFICANT PROVISIONS ARE AS FOLLOWS:
1. A presidential system of government
restores the bicameral Congress of the
Philippines, composed of a Senate and a
House of Representatives.
2. A modified Bill of Rights (Article III)
details the rights of every Filipino citizen.
•
Article III- center core of the Philippine
Constitution
3. The creation of a Commission on Human
Rights which, under Section 18, Article
XIII, is tasked to investigate all forms of
human rights violations involving civil and
political rights.
•
Advocates civil rights and political rights
4. The recognition of an Autonomous Region
of Muslim Mindanao and the Cordilleras.
READINGS IN THE PHILIPPINE HISTORY
5. Limited political autonomy for local
government units like the provinces, cities,
municipalities and barangays and
instructing the Congress to establish a
Local Government Code.
Changing the Constitution is a perennial issue that crops
up, and terms such as "Cha-Cha: "Con-Ass," and "Con
Con" are regularly thrown around. Article XVII of the
1987 Constitution provides for three ways by which the
Constitution can be changed.
1. Congress (House of Representatives and the
Senate) may convene as a Constituent
Assembly (or Con-Ass) to propose
amendments to the Constitution. It is not
clear, however, if Congress is to vote as a
single 80 body or separately. How the
Congress convenes as a Con Ass is also not
provided for in the Constitution.
2. Through the Constitutional Convention (or
Con-Con) where Congress, upon a vote of
2/3 of all its members, calls for a
constitutional convention. They may also
submit to the electorate the question of
tcalling a convention through a majority vote
of all its members. In a Con-Con, delegates
will propose amendments or revisions to the
constitution, not Congress. The 1987
Constitution does not provide for a method
by which delegates to the Con-Con are
chosen.
3. People's Initiative" (or PL). In this method,
amendments to the Constitution may be
proposed by the people upon a petition of at
least 12% of the total number of registered
voters. All legislative districts must be
represented by at least 12% of the registered
votes therein. No amendment is allowed
more than once every five years.
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 measures 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
government and for all its public needs
of
the
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
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)
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.
TRAIN 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
READINGS IN THE PHILIPPINE HISTORY
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.
•
• Equal and indivisible
Obliges States and State actors
There are two kinds of human rights: (1) Civil and
Political Rights, (2) Economic social and Cultural
rights
Concept of Bill of Rights
A bill of rights may be defined as a declaration and
enumeration of a person’s rights and privileges which
the Constitution is designed to protect against
violations by the government, or by individual or
groups of individuals. It is a charter of liberties for the
individual and a limitation upon the power of the State.
Classes of rights
1.Natural rights
2.Constitutional rights
3. Statutory rights
Classification of Constitutional Rights
1. Political rights
2. Civil rights
3. Social and economic rights
4. Rights of the accused
Article III – Bill of Rights of the 1987 Philippine
Constitution
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws
2 ASPECTS OF DUE PROCESS OF LAW
BILL OF RIGHTS
1. PROCEDURAL DUE PROCESS - method
or manner by which the law is enforced
2. SUBSTANTIVE DUE PROCESS - the law
itself is fair, reasonable and just
Human Rights are the rights that all people have by
virtue of being human beings. Human rights are also
sometimes referred to as:
•
•
•
•
•
Fundamental rights
Basic rights
Inherent rights
Natural rights
Birth rights
Persons Protected
•
all persons within the territorial jurisdiction
of the Philippines, without regard to any
difference of race, color or nationality,
including aliens.
•
means something more than animal existence
Characteristics of Human Rights
Life
•
•
•
•
•
Universal
Internationally guaranteed
Legally protected
Protects individuals and groups
Cannot be taken away
READINGS IN THE PHILIPPINE HISTORY
Crimes Against Liberty
Liberty
•
denotes not merely freedom from physical
restraint.
Property
•
may refer to the thing itself or to the right
over a thing.
What constitutes deprivation?
1. Deprivation of life – it refers not merely to
the extinction of human existence.
2. Deprivation of liberty – it is not necessary
that a person be detained or confined.
3. Deprivation of property – it is not
necessary that it be physically taken away
from one entitled to it.
EQUAL PROTECTION OF THE LAWS
•
all persons under like circumstances and
conditions both in the privileges conferred
and liabilities imposed should be treated
alike
Crimes Against Persons
1. Parricide
2. Murder
•
Homicide
• Death Cause in a Tumultuous Affray
• Physical injuries inflicted in a tumultuous
affray
•
Giving
Assistance
to
Suicide
• Discharge of Firearms
3. Infanticide
and
Abortion
•
Intentional
Abortion
•
Unintentional
Abortion
• Abortion practiced by the woman herself of
by
her
parents
• Abortion practiced by a physician or
midwife and dispensing of abortive.
4. Duel
5. Physical
Injuries
•
Mutilation
•
Serious
Physical
Injuries
• Administering injurious substances or
beverages
•
Less
serious
physical
injuries.
• Slight physical injuries and maltreatment
1.
2.
3.
4.
5.
6.
7.
Kidnapping and serious illegal detention
Slight Illegal Detention
Unlawful Arrest
Inducing minor to abandon his home
Slavery
Exploitation of Child Labor
Services rendered under compulsion in
payment of debt
Crimes Against Property
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Robbery
Brigandage
Theft
Usurpation (Occupation of real property or
usurpation of real rights in property)
Altering boundaries or landmarks
Culpable Insolvency (Fraudulent insolvency)
Swindling (Estafa)
Chattel Mortgage (Removal, sale or pledge
of mortgaged property)
Arson
Malicious Mischie
Section 2. 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 the judge after
examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly
describing the place to be searched and the persons or
things to be seized.
Scope
(1) Persons.
•
of
the
The protection applies
citizens as well as aliens
whether accused of
Corporations are also
protection.
protection
to everybody, to
in the Philippines,
crime or not.
entitled to the
(2) Houses.
•
The protection is not limited to dwelling
houses but extends to a garage, warehouse,
shop, store, office, and even a safety deposit
vault. It does not extend, however, to the
open spaces and fields belonging to one.
READINGS IN THE PHILIPPINE HISTORY
(3) Papers and effect.
•
They include sealed letters and packages in
the mail which may be opened and examined
only in pursuance of a valid search warrant.
SEARCH WARRANT
•
an order in writing issued by the court
commanding a peace officer to search for
certain personal property.
WARRANT OF ARREST
•
an order in writing issued by the court
commanding a peace officer to arrest a
person.
Requisites for valid search warrant or warrant of
arrest:
1. It must be issued upon probable cause;
2. The probable cause must be determined
personally by the judge himself;
3. Such determination of the existence of
probable cause must be made after
examination by the judge of the complainant
and the witnesses he may produce; and
4. The warrant must particularly describe the
place to be searched, and the persons or
things to be seized
“probable cause”
•
such facts and circumstances sufficient to
induce a cautious man to believe that a crime
might have been committed.
Instances when search may be made without a
warrant:
1. There is a consent or waiver
2. Search is incidental to a lawful arrest
3. When forfeited goods are being transported
by powerful ship or other automobiles
4. Plain View Doctrine
5. Inspection is in the exercise of Police Power
6. Searches made at the border or at the ports of
entry
When arrest may be made without a warrant:
1. When, in the presence of the arresting
officer, the person to be arrested has
committed, is actually committing or is
attempting to commit an offense.
2. When an offense has in fact just been
committed and the arresting officer has
personal knowledge of the facts.
3. When the person to be arrested is an escapee.
Kinds of Arrest
1. Citizen Arrest – a private individual can
arrest a criminal even without a warrant.
2. In Flagrante Arrest – the person to be
arrested has committed.
3. Flagrante Delicto - caught in the act: “has
committed”, “is actually committing”,
“attempting to commit”.
4. Hot Pursuit – takes effect when a crime has
just in fact been committed and the arresting
officer or private individual has probable
cause to believe based on personal facts or
circumstances that the person to be arrested
has committed it.
5. Probable Cause – offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts.
6. Re-arrest or Arrest of Fugitive – When a
person to be arrested is a prisoner who
escaped from a penal establishment or place
where he is serving final judgment or
temporarily confined while his case is
pending or has escaped while being
transferred from one confinement to another.
Fruit of the Poisonous Tree Doctrine
•
•
•
Is an offspring of the Exclusionary Rule.
The exclusionary rule mandates that
evidence obtained from an illegal arrest,
unreasonable
search,
or
coercive
interrogation must be excluded from trial.
A
metaphor.
- the poisonous tree is evidence seized in an
illegal arrest, search, or interrogation by law
enforcement. The fruit of this poisonous tree
is evidence later discovered because of
knowledge gained from the first illegal
search,
arrest,
or
interrogation.
- The poisonous tree and the fruit are both
excluded
from
a
criminal
trial.
- Fruit of the Poisonous Tree doctrine can
READINGS IN THE PHILIPPINE HISTORY
only be invoked by individuals against an
officer nor agent of the state.
Purpose of the Fruit of the Poisonous Tree Doctrine:
•
To deter law enforcement from violating
peoples’ rights against unreasonable searches
and seizures conducted by government
officers nor agents of the state.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires
otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
Right of Privacy is concisely defined as the right to be
left alone.
Basis and purpose of the right
Section 4. No law shall be passed abridging
the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition
the government for redress of grievances.
Meaning of freedom of speech, of expression, and of
the press
•
•
Right of assembly
•
1. Permissible interference
2. Intervention of the court
Meaning of Habeas Data
•
is a judicial remedy available to any
individual whose right to privacy in life,
liberty or security is violated or threatened by
an unlawful act or omission of a public
official or employee or of a private individual
or entity engaged in the gathering, collecting
or storing of data or information regarding
the person, family, home and corresponding
of the aggrieved party.
Purpose of the writ
•
together with the writ of habeas corpus and
writ of Amparo, completes the legal armory
and remedy of a citizen against violations and
threats to his rights to life, liberty, security
and information.
the right on the part of the citizens to meet
peaceably for consultation in respect to
public affairs.
Right of petition
•
1. Right existing in the state of nature.
2. Right designed to secure enjoyment of one’s
private life.
Limitation on the right of privacy of communications
Freedom of expression
Implies the right to freely utter and publish
whatever one pleases without previous
restraints, and to be protected against any
responsibility for so doing as long as it does
violate the law, or injure someone’s
character, reputation or business.
the right of any person or group of persons to
apply, without fear of penalty, to the
appropriate branch or office of the
government for redress of grievances.
ELEMENTS:
1. Freedom from Previous Restraint
2. Freedom from Subsequent Punishment
EXCEPTION:
CLEAR & PRESENT DANGER RULE
•
abridgment of the liberty can be justified only
where there exists substantial danger that the
speech will likely lead to an evil which the
government has the right to prevent.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political
rights.
RELIGIOUS FREEDOM - right to worship and to
entertain such religious views without dictation or
READINGS IN THE PHILIPPINE HISTORY
interference
by
any
person.
Religion - all forms of beliefs in the existence of superior
beings exercising power over human beings and imposing
rules of conduct with future state of rewards or
punishments.
2 ASPECTS OF RELIGIOUS PROFESSION &
WORSHIP
Section 8. The right of the people, including
those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary
to law shall not be abridged.
Right to form associations
•
1. Freedom to believe (absolute)
2. Freedom to act in accordance with such
belief (limited)
Section 6. The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national
security, public safety, or public health, as may be
provided by law.
Meaning of liberty of abode and travel
•
the right of a person to have his home in
whatever place chosen by him and thereafter
to change it at will, and to go where he
pleases, without interference from any
source.
the freedom to recognize or to be a member
of any group or association, union, or society
and to adopt the rules which the members
judge most appropriate achieved their
purpose.
Section 9. Private property shall not be taken for public
use without just compensation.
3 INHERENT/ESSENTIAL POWERS OF THE
GOVERNMENT
POLICE POWER – the power to regulate the use of
liberty & property for the promotion of public health,
public morals, public safety, and the general welfare and
convenience of the people.
Illustrations
of
police
•
Public
•
Public
•
Public
• General welfare and convenience
power
laws
health
morals
safety
EMINENT DOMAIN - power to take private property
for public use upon payment of just compensation.
Section 7. The right of the people to information on
matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Rights to information on matters of public concerns
1. Access to official records for exercise of right
2. Arguments in support of right
3. Constitutionality or validity of implementing
law
Limitations
1. Public records excepted
2. Burden on government to justify withholding
of information
TAXATION - power to impose charge on
persons/properties for the support of the government
•
Taxes – are the enforced proportional
contributions from persons and property
levied by the lawmaking body of the state by
virtue of its sovereignty for the support of the
government and all public needs.
SIMILARITIES
POWERS
of
the
STATE’S
INHERENT
1. They all rest upon necessity because there
can be no effective government without
them.
2. They are inherent in sovereignty; hence, they
can be exercised even without being
expressly granted in the Constitution.
3. They are ways by which the State interferes
with private rights and property.
READINGS IN THE PHILIPPINE HISTORY
DISTINCTIONS AMONG THE THREE POWERS
As to authority which exercises the power:
A criminal case, an unequal contest.
•
POLICE POWER is exercised only by the government.
EMINENT DOMAIN may be granted to public service
companies.
TAX’N POWER is exercised only by the government.
Every criminal case is a contest between an
individual and the government, thus, an
unequal contest because the parties are of
unequal strength. To remedy the imbalance,
the Constitution gives the accused several
rights.
As to purpose:
POLICE POWER, property is taken or destroyed for the
purpose
of
promoting
general
welfare.
EMINENT DOMAIN, property is taken for public use.
TAX’N POWER, property is taken for the support of the
gov’t.
Criminal accusation, a very serious matter.
•
A man, accused of having committed a
crime, may lose his job or ruin his life, and
therefore, he needs all possible opportunities
to establish his innocence.
As to effect:
POLICE POWER, there is a restraint in the injurious use
property
EMINENT DOMAIN, there is transfer of the right to
property
TAX’N POWER, the money contributed becomes part of
public funds
Protection of innocent, the underlying principle
•
The purpose is to assure that truth will be
discovered and that justice will be done.
Under the Constitution, the acquittal of the
innocent is given preference than conviction
of the criminal.
As to persons affected:
POLICE POWER, operates upon a community
EMINENT DOMAIN, operates on an individual as the
owner
of
a
particular
property
TAX’N POWER, operates upon a community or a class
of individuals
Section 10. No law impairing the obligation of contracts
shall be passed.
Obligation of a Contract is the law which binds the
parties to perform their agreement according to its terms
provided it is not contrary to law, morals, good customs,
public order or public policy.
The purpose of non-impairment is to protect the
creditors, to assure fulfillment of lawful promises.
Business problems would arise if contracts are not stable
and binding.
CONSTITUTIONAL RIGHTS OF THE ACCUSED
IN CRIMINAL CASES
Section 11. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.
Reasons for constitutional safeguards:
Section 12. (1) Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence
against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices,
and their families.
Rights of person under investigation:
1. To be informed of his right to remain silent;
2. To have competent and independent counsel
preferably of his own choice or to be
provided with one;
READINGS IN THE PHILIPPINE HISTORY
3. Against the use of torture, force, violence,
threat, intimidation or any other means which
vitiates the free will; and
4. Against being held in secret, solitary,
incommunicado or other similar form of
detention.
Section 13. All persons, except those charged with
offenses punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may
be provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
3.
4.
Meaning of “BAIL”: security (cash, property,
recognizance) required by a court & given for the
temporary release of a person under the custody of the law
conditioned upon his appearance before any court.
Exception: those charged with offenses punishable by
“reclusion perpetua” (imprisonment for 20 years or more)
when evidence of guilt is strong (conduct a hearing).
NOTE: After the finality of judgment, no bail shall be
allowed.
5.
Section 14. (1) No person shall be held to answer for a
criminal offense without due process of law.
2. To be heard by himself and counsel
• from the arraignment to the promulgation of
judgment.
• “ARRAIGNMENT” - copy of the
complaint is being read in the language or
dialect known to him, asking him whether he
pleads
guilty
or
not
guilty.
• It is at this stage that the accused for the first
time is granted the opportunity to know the
precise charge that confronts him.
• EXCEPTION: “TRIAL IN ABSENTIA”
To be informed of the nature and cause of
the accusation against him so as to enable
him to prepare his defense.
To have a speedy, impartial and public
trial.
• Speedy trial – is a trial that can be has as
soon as possible, after a person is indicted
and within such time as the prosecution
within reasonable diligence could prepare for
it.
• Impartial trial – implies an absence of bias
in
the
trial
of
cases.
• Public trial - should permit anyone who
wishes to attend hearings except in certain
cases.
To meet the witnesses face to face
• to cross examine the witnesses and to test
their
recollection
and
veracity
• to give the judge an opportunity to see the
demeanor and appearance of witnesses while
testifying.
Compulsory production of witnesses and
evidence
• “SUBPOENA” - an order that may be
issued by the court to compel the attendance
of witnesses in order to testify in behalf of the
accused.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet
the witnesses face to face, and to have compulsory process
to secure the attendance of witnesses and the production
of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his
failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Rights of accused during trial
Meaning of “WRIT OF HABEAS CORPUS”
1. To
be
presumed
innocent
• unless proven “guilty beyond reasonable
doubt” (amount of evidence required to
convict
a
person)
• burden of proof is upon the prosecution
• it is better to acquit a person upon the
ground of reasonable doubt even though he
may in reality be guilty than to inflict
imprisonment on one who may be innocent.
6.
•
a court order directing a person detaining
another, commanding him to produce the
body of the prisoner and show sufficient
cause for holding in custody the person
detained.
Purpose: to inquire the manner of restraint or detention
and to relieve the person if such restraint is illegal.
READINGS IN THE PHILIPPINE HISTORY
Procedure:
1.
2.
3.
4.
Prisoner files a petition to the proper court.
Court issues the writ.
Writ is sent to the custodian.
Custodian produces the prisoner in court
explaining the cause of detention.
5. Judge decides whether detention is legal or
not.
Meaning
of
“INVOLUNTARY
SERVITUDE”: a compulsory service of one to
another.
1. Slavery – the state of entire subjection of one
person to the will of another.
2. Peonage – the voluntary submission of a
person to the will of another because of his
debt
Purpose of prohibition: human dignity is not a
merchandise for commercial barters.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasijudicial, or administrative bodies.
Right to speedy disposition of cases
•
•
•
•
“Justice delayed is justice denied”.
Can be invoked only after the termination of
the trial or hearing of a case.
Required to decide or resolved cases within a
certain period of time.
Contemplates the disposition of cases
involving private interests not only before
judicial bodies (courts) but also quasijudicial
(National
Labor
Relations
Commission, Securities and Exchange
Commission) and administrative bodies
(bureaus).
Section 17. No person shall be compelled to be a witness
against himself.
•
•
Section 17 of Article III is known as the
“RIGHT
AGAINST
SELF
INCRIMINATION.”
what is being protected here is the so-called
TESTIMONIAL SELFINCRIMINATION
only which means getting the evidence or
testimony from the accused’ own lips or from
the accused’ handwriting.
Section 18. (1) No person shall be detained solely by
reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall have
been duly convicted.
The prohibition does not apply:
1. Punishment for a crime
2. Personal military or civil service
3. Injunctions requiring striking laborers to
return to work
4. Exceptional services
5. Exercise by parents of their authority
6. Proper exercise of the police power of the
state
Section 19. (1) Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or
degrading punishment against any prisoner or detainee or
the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
“HEINOUS CRIMES” - offenses that are exceedingly
bad or evil or those committed with extreme cruelty as to
shock the general moral sense such as rape, parricide,
murder, robbery with homicide.
Section 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
Debt - any liability to pay money arising out of a contract,
express
or
implied.
Poll tax – is a tax of a fixed amount imposed on
individuals residing a specified territory, whether citizens
or not, without regard to their property or the occupation
in which they may be engaged.
READINGS IN THE PHILIPPINE HISTORY
Section 21. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished by
a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the
same act.
Meaning of “DOUBLE JEOPARDY”
•
when a person is charged with an offense and
the case is terminated by acquittal or
conviction, he will be charged again with the
same offense.
Purpose of Right Against Double Jeopardy:
•
protection against the perils of a second
punishment, as well as, a second trial for the
same offense.
Section 22. No ex post facto law or bill of attainder shall
be enacted.
“EX POST FACTO LAW”
•
one which, operating retrospectively,
deprives the accused of some protection or
defense previously available to their
disadvantage.
“BILL OF ATTAINDER”
•
inflicts punishment without judicial trial,
thus, a violation of due process of law.