RPH-REVIEWER-FINALS_240818_202340 PDF Review Notes, 1935 Constitution

Summary

This document is a review of the 1935 Philippine Constitution. It covers the background and salient points of the first Republican constitution in Asia.  The document includes several aspects of the Malolos Congress and its pivotal role in establishing the Philippine Republic.  It highlights the historical context and figures involved in the creation and adoption of the constitution.

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Prepared by: DJA READINGS IN PHILIPPINE HISTORY: the constitution was read article by REVIEW NOTES article and followed by a military parade. -...

Prepared by: DJA READINGS IN PHILIPPINE HISTORY: the constitution was read article by REVIEW NOTES article and followed by a military parade. - Apolinario Mabini was elected as a prime minister. The other cabinet secretaries LESSON 15: THE MALOLOS CONSTITUTION were: AND SALIENT POINTS OF THE 1935 o Teodoro Sandico, interior CONSTITUITON o Baldomero Aguinaldo, war; o Gen. Mariano Trias, finance THE MALOLOS CONSITUTION o Apolinario Mabini, foreign affairs - The Malolos Congress composed of o Gracio Gonzaga for welfare eighty-five (85) Filipinos who were o Aguedo Velarde, public considered as the most intelligent men in instruction the country, met in a revolutionary o Maximo Paterno, public works & congress at Barasoain Church. communication o Leon María Guerrero for - They approved the independence of the agriculture, trade & commerce. Philippines and started drafting the constitution. - It was truly democracy for it had a free press. - The committee headed by Felipe Calderon and aided by Cayetano - Antonio Luna and other Filipinos ran an Arellano, for the first time, the independent newspaper called “La Representatives of the Filipino people Independencia ”. drafted the constitution and it was the first republican constitution in Asia. - There was also free press in Manila and Cebu but the official newspaper of the - The constitution was inspired by the government was called “El Heraldo de la constitutions of Mexico, Guatemala, Revolution”. Costa Rica, Brazil, Belgium and France - The new government also had diplomats - On November 29, 1898, the Malolos abroad, Felipe Agoncillo was the first Constitution was approved by the Filipino diplomat who was sent to Paris Malolos Congress, the draft was and Washington to work for the presented to President Aguinaldo and on recognition of the Philippine December 1, 1898 it was returned to the independence. Congress for amendments. - There were also diplomats in Japan, - December 23, 1898 it was approved by England, France and Australia. President Aguinaldo and formally adopted by the Malolos Congress on - The first Philippine Republic was a January 20, 1899 democratic government with three branches. - The Malolos Constitution was the first o Executive – were to be exercised Philippine Constitution and the first by the President of the Republic republican constitution in Asia adopted with the help of his cabinet. by Philippine Republic. But it does not live o Judiciary – The powers were given long, it was inaugurated on January 21, to the Supreme Court and other 1899 and ended March 23, 1901 when lower courts to be created by law Aguinaldo was captured by the o Legislative – the chief justice of Americans. the supreme court was to be elected by the legislature with the THE SALIENT POINTS OF THE 1935 CONSTITUTION concurrence of the President and - The first Philippine Republic, also called his cabinet. Malolos Republic, was inaugurated on January 23, 1899 at Barasoain Church, THE FIRST PHILIPPINE ASSEMBLY Malolos, Bulacan. - On October 16, 1907, The First Philippine Assembly composed of educated - Emilio Aguinaldo took his oath of office Filipinos from illustrious clans such as After being proclaimed president. Then Sergio Osmeña and Manuel L. Quezon, - Article VII, Section 1, the executive convened to revived the issue of power shall be vested in a President of immediate independence for the the Philippines Filipinos and this was expressed by sending political missions to the US RIGHTS OF SUFFRAGE TO MEN Congress. - The Rights of suffrage by male citizens of the Philippines who are twenty-one years HARE-HAWES CUTTING BILL of age or over and are able to read and - Hare-Hawes-Cutting Bill brought home by write who shall have resided in the Osmeña-Roxas mission from the US Philippine for one year and six months in Congress in 1931, which provided for a the municipality wherein they propose to 10-year transition period before the vote. granting of Philippine independence RIGHTS OF SUFFRAGE TO WOMEN - The passage of the independence bill - The right of Suffrage was under Article V, resulted into a debate between PRO and Section 1 extend of the right of suffrage to ANTI whether to accept or to reject. And women within two years after the finally, it was rejected adoption of the constitution. TYDINGS-MCDUFFIE ACT DRAFT OF THE CONSITUTION - Manuel L. Quezon and other Filipinos - The draft of the constitution was brought home the Tydings-McDuffie Act approved by the convention on February (Public Law 73-127) authored by Sen. 8, 1935 and ratified by Pres. Roosevelt in Millard Tydings and Rep. John McDuffie, Washington D.C on March 25, 1935 a slightly amended version of the Hare- Hawes Cutting bill signed by President - The 1935 Constitution provided the legal Franklin Roosevelt on March 24, 1934. basis of the Commonwealth Government which was considered a transition - The bill set July 4 after the tenth year of government before the granting of the the commonwealth as date of Philippine Philippine independence with American independence. This was accepted by the inspired constitution. Philippine Legislature on May 1, 1934. LESSON 16: THE SALIENT POINTS OF THE - One of the salient provisions of the 1973 PHILIPPINE CONSTITUTION Tydings-McDuffie Act was the organization of constitutional Convention PREAMBLE that would draw up the fundamental law - We, the sovereign Filipino people, of the land based on the American imploring the aid of Divine Providence, in model order to establish a Government that shall embody our ideals, promote the - Salient features of the 1935 Constitution general welfare, conserve and develop include the following: the patrimony of our Nation, and secure o Under Article VI, Section 1 a to ourselves and our posterity the bicameral legislature composed blessings of democracy under a regime of a senate and House of of justice, peace, liberty, and equality, do Representatives. The Senate ordain and promulgate this Constitution. composed of 24 Elected Senator and not more than one hundred THE TERM OF THE PRESIDENT twenty members who shall be - The President shall be elected by direct appointed among the several vote of the people for a term of six years provinces which shall begin at noon on the thirtieth day of June following the day of the THE TERM OF ELECTED OFFICIALS election and shall end at noon of the - The president is to be elected to a four- same date six years thereafter when the year term together with the Vice- term of his successor shall begin. President chosen for the same term and shall be elected by direct vote of the people. THE PRIME MINISTER, THE CABINET AND THE IMPLEMENTATION OF THE NEW CONSITUTION EXECUTIVE COMMITTEE - On January 17, 1973, President Ferdinand - The Prime Minister shall be the head of E. Marcos signed the new constitution the Cabinet. and said it was now effective. - The new constitution was protested by - The Cabinet were appointed by the many Filipinos in the supreme court president and majority of the Members of claiming that it was not legal but the the Cabinet who are heads of ministries supreme court said that the new shall come from the Regional constitution will proceed Representatives of the Batasang Pambansa. AMENDMENTS OF 1973 CONSTITUTION - The 1973 constitution was amended 22 BATASANG PAMBANSA times, in 1973, 1976, 1981 and 1984 and - The Legislative power shall be vested in a some provisions were never followed. Batasang Pambansa which shall be - The 1973 constitution introduced a composed of not more than 200 parliamentary system of government to Members. the Philippines FERDINAND MARCOS SALIENT POINTS OF 1973 PHILIPPINE CONSITUTION - 1969 – Marcos won the re-election in a bid boosted by campaign overspending o MARCOS DECLARED MARTIAL LAW and use of government funds § President Ferdinand E. - June 1, 1971 – The Constitutional Marcos signed Convention began formally with former Proclamation No. 1081 on President Carlos P. Garcia being elected September 21, 1972, as convention president. placing the Philippines - 1965 – Ferdinand E. Marcos was elected under Martial Law. president. - 1967 – Philippine Congress passed a § September 23, 7:15 PM, resolution calling for a constitutional 1972 to announce that he convention to change the 1935 had placed the “entire Constitution. Philippines under Martial Law” by virtue of APPROVAL OF THE NEW CONSITUTION Proclamation No. 1081 - November 30, 1972, the constitutional Convention finished their work and § Marcos cited a growing signed the new constitution. communist insurgency as - President Marcos sends it to the people reason for the Martial Law, for approval in the referendum in which was provided for the barangay assemblies. 1935 Constitution. - Barangay assemblies were created in towns and cities where people were THE AMENDMENTS OF THE 1973 PHILIPPINE orally asked if they were going to CONSTITUTION approved the new constitution - The Citizen Assemblies allow the - And 95% of the voters approved the new continuation of Martial Law and constitution approved the amendments: an Interim Batasang Pambansa to substitute for the THE IMPLEMENTATION OF THE NEW CONSTITUTION Interim National Assembly, the president - On January 17, 1973, President Ferdinand become the Prime Minister and continue E. Marcos signed the new constitution exercise legislative powers until Martial and said it was now effective. Law was lifted - The new constitution was protested by many Filipinos in the supreme court - The Parliamentary form of government claiming that it was not legal but the was formally modified into a French-style supreme court said that the new semi presidential system, the executive constitution will proceed power was restored, and the president was directly elected - The executive Committee was created THE PREAMBLE OF THE 1987 PHILIPPINE which was composed of Prime Minister CONSITUTION and 14 members that served as the - We, the sovereign Filipino people, Cabinet of the president imploring the aid of Divine Providence, in order to establish a Government that - Martial law may be imposed by the shall embody our ideals, promote the leader or government of a country for general welfare, conserve and develop several reasons. It may be used to handle the patrimony of our Nation, and secure protests, rebellions, or possible revolution. to ourselves and our posterity the It may also be imposed when there is blessings of democracy under a regime widespread chaos due to natural of justice, peace, liberty, and equality, do disasters, such as a hurricane or tornado. ordain and promulgate this Constitution. LESSON 17: THE SALIENT POINTS OF 1987 PHILOSOPHICAL VIEW OF THE CONSITUTION PHILIPPINE CONSITUTION - The Constitution is a social contract - In February 1986, Corazon Aquino - It is the very basis of the decision to became the unified opposition’s constitute a civil society or state, presidential candidate when Ferdinand E. breathing life to its juridical existence, Marcos unexpectedly called for laying down the framework by which it is presidential elections to be governed, enumerating and limiting its powers and declaring certain - On February 25, 1986, Aquino was fundamental rights and principles to be inaugurated and proclaimed Corazon inviolable. Aquino as the Philippines’ rightful president. THE 1987 CONSTITUTION - It is the body of rules and maxims in - In March 1986 Aquino proclaimed a accordance with which the powers of provisional constitution and soon sovereignty are habitually exercised. thereafter appointed a commission to write a new constitution. - It is a written instrument enacted by the direct action of the people by which the - The resulting document, which restored fundamental powers of the government the bicameral Congress and was ratified are established, limited, and defined, by a landslide popular vote in February and by which those powers are 1987. distributed among the several department - After considering different options, they decided to make a new constitution that BRANCHES OF THE GOVERNMENT according to the president herself should be truly reflective of the aspiration and EXECUTIVE LEGISLATIVE JUDICAL ideals of the Filipino people. BRANCH BRANCH BRANCH President Senate Supreme - The 1987 Philippine Constitution took Vice- House of court effect on February 2, 1987, which is the President Representatives RTC, MTC date of its ratification in the plebiscite Cabinet Special court held on that same date and not on the date its ratification - Separation of powers means that the legislation belongs to Congress, - The constitution begins with a preamble execution to the executive, settlement of and 18 self-contained articles. It legal controversies to the judiciary. established the Philippines as a democratic republican state where Division and Assignment is prevent from invading sovereignty resides in the people and all the domain of others. government authority emanates from them. It allocates governmental powers It is also to prevent the concentration of among the executive, legislative and the authority in one person or group of persons that judicial branches of the government. might lead to irreparable error or abuse in its exercise detriment to republican institutions. THE EXECUTIVE BRANCH - No person shall be deprived of life, liberty, - The president is the chief executive and or property without due process of law, the head of the state but his power is nor shall any person be denied the equal limited by significant checks from the two protection of the laws other co-equal branches of government especially during times of emergency. - Restore the freedom of speech and to form an association. - In case of national emergency, the president may still declare martial law, LESSON 18: FILIPINO-AMERICAN but no longer than a period of sixty days. RELATIONSHIP (1898-1969) Congress through a majority vote can revoke this decision or extend it for a AMERICAN DESIGNS ON THE PHILIPPINES period that they determine. The Supreme - Theodore Roosevelt, Sr, one of the Court may also review the declaration of influential Americans wished that war martial law and decide if there were between Spain and the U.S. should break sufficient justifying facts for the act. out in order to expand the navy in Asia - The president and the vice-president are - The coming of the Americans was not a elected at large by a direct vote, serving mere accident of the Spanish-American a single six-year term. War but a planned action. THE LEGISLATIVE BRANCH - Led by Commodore George Dewey, - There are 24 senators elected by large by Manila was attacked on May 1,1898. The popular vote and can serve no more than Spaniards, in the face of absolute defeat, two consecutives six-year terms. hoisted the white flag in Cavite in token - The House of Representative is of surrender. composed of district representatives representing a particular their - While Aguinaldo was in Singapore, he geographic area and makes up around met Spencer Pratt, American consul in 80% of the total number of Singapore. Pratt invited Aguinaldo to representatives. return in the Philippines THE JUDICIAL BRANCH - American interests to the Philippines: - The Judicial system is also called the economic, religious, naval and military Court System THE SPANISH-AMERICAN SECRET AGREEMENT - Interprets and applies laws in the name of - Governor-General Fermin Jaudenes the state believed that the Spanish position was hopeless in the face of a superior enemy - Often tasked to ensure equal justice and in the face of Filipino revolutionaries. under the law - To satisfy the Spanish code of honor, - Consist of a court of Final Appeal called Jaudenes insisted that the surrender of the Supreme Court or the Constitutional Spain should be done in a ‘mock battle’. Court together with the lower courts. - Jaudenes, insisted that the Filipino - The Philippines is a democratic and revolutionaries should be excluded from republican State. Sovereignty resides in participating in the surrender of Spain in the people and all government authority Manila emanates from them. - The Americans accepted the terms even - The prime duty of the Government is to if it meant treachery to their ally, serve and protect the people. The Aguinaldo government may call upon the people to defend the State and, in the fulfilment IN THE MALOLOS REPUBLIC, 1898 thereof, all citizens may be required, - Aguinaldo returned to the Philippines under conditions provided by law, to from Hong Kong with a plan to form a render personal military or civil service. Filipino government. He established the Dictatorial Government in May 1898 but a month later changed into arrogated to itself the title of champion Revolutionary Government. of oppressed nations. - The Congress was convoked at Malolos THE FILIPINO AMERICAN HOSTILITIES in September and a constitution - Unresolved February 4 incident, prepared to guide the government in its Aguinaldo prepared local chiefs of the progress toward republicanism. possible start of the Filipino-American hostilities - Diplomatic agents were sent abroad to work for the recognition of the Philippine - American military authorities ordered an independence. all-out against Filipinos army - The United States, however, had decided - American military won majority of the to take over control of the Philippines and battles led by Gen. MacArthur while in December 1898 the Treaty of Paris Filipino troops led by Gen. Antonio Luna between Spain and the United States was and Gen. Gregorio del Pilar concluded. THE AMERICAN CONQUESTS THE TREATY OF PARIS - Ilo-ilo and Cebu surrendered to the - It provided that Spain would cede the Americans Philippines to the United states in return to which Spain would receive $20,000,000 - The Negrense sympathize with the from the United States as payment for Americans improvements made in the colony. Further, the United States agreed to give - Bates Treaty was introduced and signed the Spaniards the right to ship in Jolo, Sulu of August 20, 1899 commodities to the Philippines for a period of ten years on the same terms as - Bates Treaty. The sovereignty of the U.S those of the United States. over the whole archipelago of Jolo and its dependencies is declared and PRESIDENT MCKINLEY’S BENEVOLET ASSIMILATION acknowledged, that the rights and PROCLAMATION dignities of His Highness the Sultan and his - It expressly indicated the intention of the datos shall be fully respected United States to stay in the Philippines by exercising the right of sovereignty over - Aguinaldo fled to the mountains the Filipinos. In other words, the United States would assume control and - The Battle of Pasong Tirad, Gen. Gregorio disposition of the government of the del Pilar was killed Philippines. - Aguinaldo was captured on Mar 23, 1901 - President McKinley instructed miliary On April 1, 1899, Aguinaldo took his oath commanders in the Philippines to extend of allegiance to the U.S. and appealed to American sovereignty over the entire all Filipinos to accept the sovereignty of country by force. the U.S FILIPINO REACTION ON PRES. MCKINLEY’S THE CONTINUING RESISTANCE (1901-1913) BENEVOLENT ASSIMILATION PROCLAMATION - After the capture of Gen. Aguinaldo at - Antonio Luna, pointed out that it was Palanan, Isabela in 1901, the Filipino- “merely a subterfuge to quiet the people American war ended as far as the United temporarily until measures could be States and Filipino elites were concerned. inaugurated and applied to put in But to the Filipino masses, who looked practice all the offensive features of upon their war against the Americans as government which Spain had employed a continuing struggle for independence, in the Philippines. the resistance lasted longer. - Aguinaldo said, my government cannot - The resistance can be seen in three remain indifferent in view of such a sectoral perspectives: Christian, Muslim violent and aggressive seizure of a and Tribal portion of its territory by an nation which THE COMPROMISE WITH COLONIALISM - American colonial authorities repeatedly COMMONWEALTH WAS INTERRUPTED BY THE offered opportunities for Filipino JAPANESE OCCUPATION cooperation and participation in the - The 10-year preparatory period was colonial government. rudely interrupted when the Japanese looking for territories to accommodate - Schurman Commission (by Pres. McKinley not only their excess population but their and Cornell University Pres. Jacob manufactured goods, started the war in Schurman), non-military approach of the Pacific. American colonialism - Japanese naval bomber attacked the - Filipinization (1913) by Francis Burton Pearl Harbor in Hawaii in December 1941. - Jones Law was passed, legislative power - The U.S. declared war against Japan and was given to the Filipinos the war in the Pacific was formally on. COLONIAL POLITICS AND THE CAMPAIGN FOR - The Philippines was occupied by the INDEPENDENCE Japanese. - Cabinet Crisis, resignation of all Filipino members of the Congress of Gov. Wood - Civil liberties were suppressed. - Schurman Commission (by Pres. McKinley - The economy was geared to the and Cornell University Pres. Jacob demands of the Japanese war efforts Schurman), non-military approach of American colonialism - Education was revamped to re-orient the Filipino thinking along Japanese lines - The OsRox Mission 1931-33, to secure what in their judgment would be the best - Political life was limited to the Japanese- out of any situation that might arise in sponsored Republic (American) Congress concerning the Philippine issue. THE LIBERATION - The 3 years of Japanese occupation - The Hare-Hawes-Cutting Act, provided were also years of resistance movement. for the establishment of a 10-year Commonwealth to serve as a transition - A number of Filipino and American government before the proclamation of officers and soldiers during captivation independence on July 4, 1946 succeeded in escaping to the mountains and there directed the underground - Tydings-McDuffie Act, eliminated military movement. reservations - Reports of Japanese movements, losses, THE COMMONWEALTH strengths and disposition of troops were - The 1935 Constitution was born, followed sent to MacArthur’s headquarters in by the American model Australia. - National Security and National defense - Social Justice program - American forces hit the beach of Leyte in - Education October 1944 - National language - Trade relations with the U.S - On August 15, Japan surrendered - Alien control of the economy PROBLEMS OF FILIPINO-AMERICAN RELATIONS RESULTS OF THE AMERICAN OCCUPATION - In spite of the highly touted “identity” of - Progress in education Filipino-American interests and the close - Public health and welfare friendship that has characterized their - Trade, commerce and industry experiment in democratic partnership, - Transportation and communication several irritants have cropped up to - Individual freedom make the “honeymoon” seem sour. - Political consciousness - Language and literature - The so-called Filipino-American interests is more sentimental and rhetorical than - Generally, the legislature exercises such real and substantial. power however, upon valid delegation, the law-making bodies of LGUs and the - There are actuations of the American President or as an incident of emergency Government and personnel which do not powers that Congress may grant to him conform to the Filipino idea of friendship. may exercise the power of taxation. - The Filipinos have come to realize that WHEN TAXATION STARTED (HISTORY OF TAXATION) American intentions in the Philippines - In prehistoric period, Filipino people paid have not been exactly altruistic and taxes to the Datu for their protection. benevolent. - Not paying of “buwis” or taxes was - Some actuations of the American military already punishable, but the Chieftain in the Philippines have contributed to the family members were exempted from tension in Filipino-American relations. paying taxes. RE-ASSSESSMENT OF RP-US RELATIONS PURPOSE AND OBJECTIVES OF TAX: - Filipinos come to conclusion that the so- 1. Revenue Raising from those collected called special relations with the United taxes that are intended primarily to States was a myth. finance the government and its activities 2. Non– Revenue/Sumptuary Purposes for: - The nationalists began to criticize a) Promotion of General Welfare American policy toward the Philippines b) Regulation and demanded in unmistakable terms c) Reduction of Social the abolition of the parity right of the Inequality/Compensatory Americans in the Philippines. Purpose d) Encourage Economic Growth LESSON 19: THE PHILIPPINE TAXATION and e) Protectionism. TAXATION - Is the inherent power of the state to LIMITATIONS ON THE POWER OF TAXATION demand enforced contributions for 1. Inherent Limitations (such as Situs or public purposes. Territoriality of Taxation; Public Purpose; International Comity; Non-delegability of - It is the power by which the sovereign, power; and Exemption of government through its law-making body, raises from taxation) revenue to defray the necessary expenses of government. 2. Constitutional Limitation (such as Due Process of Law and Equal Protection of - It is a way of apportioning the expenses Law) of government among those who in some measure are privileged to enjoy its THE BASIS OF TAXATION IS FOUNDED ON THE LIFE- benefits and must bear its burdens. BLOOD THEORY - Taxation is indispensable and inevitable - Taxes are enforced proportional price for civilized society, without taxes, contribution from persons and property, the government would be paralyzed for levied by the state by virtue of its lack of the motives power to activate and sovereignty for the support of the operate it. government and for all its public needs. - Hence, the collection of taxes must be SCOPE OF TAXATION made without hindrance if the State is to - It covers persons, property, or maintain its orderly existence occupation to be taxed within the taxing jurisdiction. THEORIES OF TAXATION 1. Necessity Theory – The existence of the - It is inherent in the power to tax that a government is necessity. It cannot state be free to select the subjects of continue without a means to pay its taxations. expenses and therefore has a right to compel all citizens and property within its deemed exempt as they fall power to contribute. outside the scope of the taxing provision itself 2. Benefits – Protection/Reciprocity Theory Obligation to pay taxes is involuntary and 3. CONTRACTUAL - when in compulsory, in exchange for the consideration of contractual protection and benefits one receives agreement with the government. from the government; taxes are paid for the enjoyment of the benefit of Since taxation is the rule and the exemptions are organized society. the exception, the exemption may be withdrawn in the pleasure of the taxing authority. However, LIABILITIES INVOLVED if the tax exemptions constitute a binding - A tax creates civil liability on the part of contract and for valuable consideration, the the delinquent taxpayer although the government cannot unilaterally revoke the tax non – payment thereof (due to failure or exemptions. refusal to pay) creates a criminal liability which could be the subject of criminal 2. Tax Avoidance prosecution under existing law. o It is reducing or totally escaping payment of taxes through legally - To sum, in taxation, it is one’s failure to permissible means. comply with the civil liability to pay taxes which gives rise to the criminal liability. o This Method should be used by the Nevertheless, taxes to be paid are taxpayer in good faith and at personal to the taxpayer. arm’s length. The following are some means on which a o An example of which is the taxpayer may minimize if not to escape the availing of all deductions allowed payment of taxes: by law or refraining from engaging in activities subject to 1. Tax Exemptions tax. o no law granting any tax exemptions shall be passed 3. Tax Evasion. without the concurrence of a o It is the illegal means of escaping majority of all the members of the taxation. A Scheme used outside Congress of those lawful means and when availed of, usually subjects the o The power to exempt from taxpayer to (further or additional) taxations as well as the power to civil or criminal liabilities. tax is an essential attribute of sovereignty and may be o An example of which is the failure exercised by virtue of the to declare for taxations purposes Constitution, expressly or by the true and actual income implication. derived from business for two (2) consecutive years. o The inherent power of the State to impose taxes naturally carries with TAX AMNESTY it the power to grant tax - Is a general pardon or intentional exemptions. overlooking by the State of its authority to impose penalties on persons otherwise KINDS OF TAX EXEMPTIONS guilty of evasion or violation of a revenue 1. EXPRESS - when exemptions are or tax. expressly granted by the Constitution, Statutes, Treaties, - It partakes absolute waiver by the franchises or similar legislative acts; government of its right to collect what is an example of which is the due it and to give tax evaders who wish exemptions from real property. to relent a chance to start with a clean slate. 2. IMPLIED – whenever particular persons, properties or excises are TRAIN LAW LESSON 20: LOCAL AND ORAL HISTORY - December 19, 2017, the President Rodrigo Duterte signed into law Package - Study of the people, places, and events 1 of the Comprehensive Tax Reform of a particular geographic area Program also known as the Tax Reform for - Study of history in a local context, often Acceleration and Inclusion (TRAIN) as concentrating on events that affected a Republic Act (RA) No. 109631. local community - The law provides for the amendments to LOCAL HISTORY several provisions of the National Internal - The local history is as important as far as Revenue Code of 1997 (NIRC of 1997) on society is concern. John Larkin once said personal income taxation, passive that local history is the building blocks of income for both individuals and our national histories. corporations, estate tax, donor’s tax, value added tax (VAT), excise tax, Local history along with oral history are basic to documentary stamp tax (DST), and tax autonomy. administration, among others. - Autonomy implies an exercise of freedom with limited control or influence from the - It likewise introduced new taxes such as national government the excise tax on cosmetic surgery and - It provides more room for local initiatives sugar-sweetened beverages. to develop and for local potentials to progress - The additional revenues that will be - More importantly it encourages creative generated in the implementation of the and innovative responses to Act shall be used to fund the President’s development with people with special priority infrastructure and social programs talents and potentials that will ultimately benefit the poor. ORAL HISTORY - Oral history is a method of - RA 10963 was published in the Philippines’ conducting historical research through Official Gazette last December 27, 2017 recorded interviews between a narrator with and took effect last January 1, 2018. personal experience of historically significant events and a well-informed interviewer, with the - The Tax Reform for Acceleration and goal of adding to the historical record. Inclusion (TRAIN) is the first package of the comprehensive tax reform program o Oral history as a first-hand (CTRP) envisioned by President Duterte’s reminisce of a particular historical administration, which seeks to correct a event through the intervention of number of deficiencies in the tax system the historian. (Grele, 1976) to make it simpler, fairer, and more o Oral history is a relatively new efficient. technique in historiography; it is NOT a branch of history - It also includes mitigating measures that o Differs from journalistic or specific are designed to redistribute some of the historical interviews since the gains to the poor. scope would be broad for future use. - Through TRAIN, every Filipino contributes in funding more infrastructure and social PROMOTION OF LOCAL AND ORAL HISTORY services to eradicate extreme poverty - Local Museums and reduce inequality towards prosperity - Festivals (Regional, Provincial, Cities) for all. - Academe - TRAIN addresses several weaknesses of the current tax system by lowering and LESSON 21: MUSEUM AND HISTORIAL SITES simplifying personal income taxes, simplifying estate and donor’s taxes, RIZAL PARK OR LUNETA PARK expanding the value-added tax (VAT) - Is one of the leading historical sites in the Philippines. base, adjusting oil and automobile excise - It was built as tribute to our greatest national taxes, and introducing excise tax on hero – Dr. Jose Rizal who was executed by sugar-sweetened beverages. the Spanish Military Firing Squad on December 30, 1896, after Rizal was - Jose Rizal was also imprisoned before he accused of the crimes of rebellion, sedition was executed by the Spaniards. and forming illegal association. - It has a museum where some memorabilia - It is the shrine of the Philippine’s national of Rizal can be seen. hero Dr. Jose Rizal. It contains the bronze- granite monument and the mausoleum that EDSA (Epifanio De Los Santos Avenue) houses Rizal’s remains were soldiers - EDSA Shrine, also known as the “Shrine of “Knights of Rizal” also known as the Mary”, Queen of Peace and Our Lady of “Kabalyeros de Rizal” continuously guard EDSA is a small church of the Roman the monument 24 hours a day. Catholic Archdiocese of Manila. - Previously, it was called Bagumbayan Field - It is a monument dedicated to the first where the three priests, also known as people power revolution and its peaceful “GOMBURZA” who were executed through outcome on December 15, 1989, that the “garrote” by the Spanish Colonial ousted the late president Ferdinand Marcos, Authorities on charges of subversion arising the end of dictatorship and the beginning from the 1872 Cavite Mutiny. of democracy. CORREGIDOR ISLAND BAROSOAIN CHURCH - “Corregidor” is a Spanish term which - Is a Roman Catholic church founded by means “corregir – to correct” after the the Augustinian Missionaries in Malolos, Spanish-American War, Corregidor Island Bulacan. used to be a checkpoint for vessels - Three major events in the Philippine Histroy entering Manila Bay. happened in this church. - It is a national shrine commemorating the September 15, 1898 – covening battle fought between U.S and Filipino of the first Philippine Congress forces against overwhelming numbers of September 29, 1898 – January Japanese during World War II. 21, 1899 – drafting of the - Known as the “The Rock” by veterans of war Malolos Constitution because Corregidor literally stands on a January 23, 1899 – inauguration rock and strategically located at the of the first Philippine Republic or entrance of Manila Bay that bears witness the Malolos Republic to the remnants of history. - The huge firearms of Corregidor which are THE MACARTHUR LEYTE LANDING MEMORIAL used in support for Filipino and American NATIONAL PARK defenders of Bataan are now silent, but the - Formerly named Imelda Park after former damage seen on buildings and structures first lady Imelda Marcos who hails from and tunnels in the island continues telling a Leyte Province very moving story of a war that has claimed - Also known as the Leyte Landing Memorial so many lives. Park and MacArthur Park - It is a protected area of the Philippines that INTRAMUROS commemorates the historic landing of - Latin word which means “within the walls” General Douglas MacArthur in Leyte Gulf at - Also called the “walled city” the start of the campaign to recapture and - It is the oldest district and the historical core liberate the Philippines from the Japanese of Manila occupation on October 20, 1944 SAN AGUSTIN, MANILA MACTAN SHRINE - One of the most famous churches inside - It is also known as Liberty Shrine located in the historic walled city of Intramuros. It is the Mactan Island, Cebu oldest church that is still standing in the - Was made in honor of Lapu-Lapu, country. Ferdinand Magellan and the battle of - Despite its old age, it is still very impressive Mactan. and surely you will admire its grand - Lapu-Lapu is recognized as the first native antiquity because the design and leader who defeated Spanish soldiers led decorations. by Magellan in the 1521 Battle of Mactan. FORT SANTIAGO, MANILA RIZAL SHRINE IN CALAMBA - Played an important role in our history and - Made up of a full replica of Rizal’s house, was built by Miguel Lopez De Legazpi including rooms and furniture, a gallery and - It its dungeon and pits, many rebel Filipinos a statue of the young Rizal. were imprisoned, and some lost their lives. - It is a typical rectangular Bahay na Bato, reminiscent of upper-class Filipino homes built during the Spanish Colonial Era, the - They are means of expressing the beliefs, lower portion is made of adobe stone and moods and emotions of a people and have brick, while the upper portion consists of been the mode of communication. hardwood. - The birthplace of the Philippine National o TINIKLING Hero - Is the Philippine National Dance - The name came from birds locally RIZAL SHRINE IN DAPITAN known as Tikling and that the term - Is an important historical place where Dr. tinikling literally means “Tikling-like” Jose Rizal spent four years in exile in - Usually, there are two dancers, male Dapitan and female who steps gracefully in - He lived here as a physician merchant, and out of crossed sets of bamboo farmer, inventor, painter, grammarian, poles being moved together and teacher, architect, poet, biologist, apart to the music. composer, surveryor, and environmentalist - And as it goes on, the dance will aside from bring a lover, father and brother become faster and faster. to all Dapitans. o SINGKIL THE BANAUE RICE TERRACES - One of the oldest of truly Filipino - Rice Terraces of the Philippine Cordilleras dances was named a UNESCO World Heritage Site - Singkil takes its name from bells in 1995 for its cultural importance. worn on the ankles of the Muslim - Was made approximately 2000 years ago, Princess. carved into the mountains by the - Recounts the epic legend of the indigenous people using their hands and “Darangan” story of Princess some crude equipment. Gandingan who was caught in the - It is said that the steps were put end to end, middle of a forest during an it would encircle half of the globe. It is earthquake caused by the considered as one of mankind’s greatest diwatas/faires or nymphs of the engineering accomplishments. forest. - The rhythmic clapping of LESSON 22: CULTURAL PERFORMANCES crisscrossed bamboo poles represents the trees that were Philippines is rich of cultural heritage which includes falling which she gracefully avoids. a diverse collection of traditional dances which is Her slave loyally accompanies her performed in different occasions like fiesta and throughout her ordeal. other celebrations. - It is performed by ladies of royalty of Lanao, the dancer is usually But like other elements of culture, traditional accompanied by a waiting lady, dances were challenged by the new and who holds a beautifully decorated appealing dance moves to the new generations umbrella over the Princess’ head called “The Millennials.” wherever she goes. FRANCISCA REYES AQUINO o MAGLALATIK: THE DANCE OF WAR - Francisca Reyes Aquino dedicated her life - A traditional dance that mimics the for more than four decades for the battle between the Christian and collection and dissemination of much of Muslim Moro Tribesmen. the available information to preserve - It is an all-male dance that uses Philippine Folk Dances. “bao” or coconut shell as props - She has visited various places, including that’s why the dance is also called remote areas for research and recorded all “Magbabao” the information she had collected to - Usually performed during religious preserve the authenticity of folk dances. processions at the town fiesta of - Through her effort, she was considered as Binan as a mark of obeisance to the the legendary “Mother of Philippine patron saint of the town, San Isidro Dancing” de Labrdor THE PHILIPPINE FOLK DANCES o PANDANGGO SA ILAW: GRACE AND - Are traditional dances of the people BALANCE connected to their ancestry and their - Pandanggo comes from the tradition and pass on from one generation Spanish dance “Fandanggo” to another. characterized with lively steps and clapping while following a varying o MASKARA FESTIVAL ¾ beat. - This annual festival is celebrated - It requires excellent balancing skill every October in Bacolod City to maintain the stability of three which is similar to Brazil’s Rio tinggoy or oil lamps, placed on the Carnival. It literally translates to head and at the back of each hand. “many faces” because of the - This was the first dance created in smiling faces of the mask. It got its the Philippines, originated from nickname “The City of Smiles.” Lubang Island, Mindoro during the 15th century when the country was o PAMULINAWEN colonized by the Spanish - The purpose of Pamulinawen is to be used as a courting song to o ITIK-ITIK someone especially a girl when she - A young lady in Surigao Del Norte is angry as it says in the song that named Kanang (the nickname for the singer will gladly accept torture Cayetana) considered the best over her anger at him. dancer and singer of her time, she became so enthusiastic and o BUYOGAN FESTIVAL spirited during the performance - Buyogan is a cultural feast that is that she began to improvise celebrated annually in the month of movements and steps similar to the August. movements of an itik, the duck. As it - The word “buyog” refers to a bee walks with short, choppy steps and in which the town of Abuyog, Leyte splashes water on its back while got its name. calling to its mate. - Buyog (bees) dancers depict the - The people liked the dance so origin of the town’s name in a well- much that they all imitated her. choreographed dance/ festival. It has environmental preservation o SINULOG FESTIVAL dimension importance of bees iin - Taken from the local word sulog nature preservation and man’s which translates to “like movement health. of the water current” - Buyogan Festival is one of the - This festivity is centered on the highlights in a long-week forward-backward, flowing celebration in honor of St. Francis movement that people offer to Xavier. Santo Nino as a sign of gratitude. - Such dancing signifies the people’s o THE KADAYAWAN FESTIVAL acceptance of Catholicism and the - Is an annual festival in the city of detachment from Paganism. Davao in the Philippines. - Based on tradition, the Sinulog - Its name derives from the friendly festival is celebrated for nine days, greeting "Madayaw", from the the last day concluded on the third Dabawenyo word "dayaw" Sunday of January where the meaning good, valuable, superior, Grand Parade happens. or beautiful. - The festival is a celebration of life, a o ATI-ATIHAN FESTIVAL thanksgiving for the gifts of nature, - Means “to be like the Ati’s (Aetas) the wealth of culture, the bounties of - Is said to have taken place when harvest and serenity of living. the new Malay settlers in celebration of their peaceful o LANZONES FESTIVAL agreement with the island’s natives, - Province of Camiguin is known to colored their faces withs soot to many as the home of the sweetest resemble and honor the darker- Lanzones in the Philippines. skinned aetas - Lanzones Festival is celebrated - When the Spaniards colonized the annually in every third week of Philippines, the festival was given October as a way to honor the Catholic significance, and it was bounty harvest of the Lanzones fruit. turned into a feast to honor the - The main events of the week-long Santo Nino. celebration include the Lanzones Festival Street Dancing and Tableau Competition and the Miss Camiguin Tourism LESSON 23: INDIGENOUS PRACTICES - Before the marriage, the groom will give a “dowry” or “bigay kaya” to the family INDIGENOUS PRACTICES of the bride. It consists of gold, land, - Are practices of the people living in the slaves and anything else of value same community and share common culture. Aside from the dowry, the groom has to work in - Practices that is distinct from the other the house of the girl for a certain period of time, group and pass on from generation to carry water and firewood to the house, assist in generation. plowing the field, planting and in the harvesting. - Are practices of the people deeply rooted from their culture which includes ways of BURIAL AND MOURNING doing something from womb to tomb? - Filipinos were taking care of burying their dead. Thus, it is embalmed and buried ANCIENT FILIPINOS amidst deep sorrow near his home, in a - Ancient Filipinos were living in one cave or on a headland overlooking the community with their houses made of wood, sea. bamboo, roofed with nipa palm leaves. - Some Filipinos built their house on tops of - Clothes, food, weapons, wares and trees for better protection against their sometimes slaves are buried with the enemies. dead. - Some were living in the caves, like “Dawn - Ancient Filipinos believed in Gods and Man” – cave man or the Tabon Man in Goddess and the supreme God the Palawan creator of heaven and earth is called “Bathala” MODE OF DRESSING - They also worship nayure – rivers, - Bahag is a strip of cloth worn by men which mountains, old trees, crocodiles, and is wrapped around his waist and in fields that are inhabited by spirits. between the legs, and a piece of cloth - They also worship ancestral spiritis called called “turban” which was wound around anitos (tagalog), diwatas (visayan) his head instead of hat. - Maganito – to offer sacrifices to the anitos - Women wore “baro” – wide sleeved jacket or diwatas worn by women and “patadyong” – a - Katalona or Babaylan - the priest or piece of cloth which they wrapped about priestess who made the ritual of sacrifcies their waists and let it fall to their feet. to the anitos or diwatas. They communicate the spirits of their ancestors NATURAL COURESTY AND POLITENESS for guidance. He or she communicates - When two people of equal rank met on the road, they have to remove their turban as with the dwelling spirits for protection of a sign of courtesy. their crops and during harvest time he will - Removing of turban and putting it on the also offer thanksgiving to the spirits for a left shoulder like a towel and bow low with good harvest. the word “po” which is equivalent to the word “sir” if he addressed to his superior. - Like people of Ifugao, they refrain from cutting century-old trees endemic trees BODY ORNAMENTS such as dipterocarps because they - Filipinos tattooed their body of various believe that these trees harbor the spirits design representing animals, birds, flowers, of their ancestors and before cutting old and geometric figures to enhance their trees, a shaman or babaylan locally body beauty and to show their war record, known as a “mumbaki” conducts rituals The more a warrior had killed in battle the to seek the permission of their ancestors. more tattooed he was. Though indigenous practices or cultural practices - To Both men and women inserted gold of the people were handed down from generation between their teeth as an ornament. to generations, it goes to the process of change. Are practices of the people living in the same Since culture of the people is dynamic, changes community and share common culture. may happen, and it is inevitable for it is said that MARRIAGE CUSTOMS the only constant in this world is “change”. May - Early Filipinos had a practice of some of those practices was lost and replace by a “endogamy” – to marry of the same rank new one. or same category or tribe LESSON 23: RELIGIOUS RITES occasion and something worth celebrating and holy week is not an RELIGIOUS RITES exemption. - Is an established ceremony prescribed by a religion. Palm Sunday, Maundy Thursday, Good Friday, - It consists of a ritual or several rituals that Easter Vigil, Easter Sunday make an important milestone in a participant’s life. Pabasa ng Pasyon, Washing of Feet, Vista Iglesia, Stations of the Cross, BAPTISM - Is seen as the admission to the faith. 5 PILLARS OF ISLAM - In this rite, the priest is usually sprinkled or - Shahadah (Faith) poured on the head by a priest who To believe in no God but Allah and that simultaneously invokes the trinity. Muhammad is his prophet and the messenger of Allah EUCHARIST OR THE HOLY COMMUNION - Is the cultural rite of catholic where the priest consecrates bread and wine which - Salah (Prayer) are transubstantiated into the body and To pray 5 times each day blood of Christ. Fajr – before sunrise Zuhr – early afternoon CONFIRMATION Asr – late afternoon - In this rite, the bishop or priest laying on off Maghrib – after sunset hands in prayer and blessing plus the Isha – night anointing the forehead with charism or holy oil. - Sawm (Fasting) To give up food and drink during RECONCILIATION daylight hours in the month of Ramadan - Also known as confession or penance - Is seen as an opportunity for renewal and - Zakah (Almsgiving) can be done as often as needed. To give a share of personal wealth to - It is a means of obtaining pardon to God for help people in need and support the sins which the sinner is truly regretful and Muslim community bring the sinner back into communion with God and the church. - Hajj (Pilgrimage) To perform a pilgrimage to Makkah at ANOINTING THE SICK - Is administered to give strength and least once in a lifetime. comfort to the ill and mystically unite with that of Christ during his passion and death. MARRIAGE - Is sacrament that a baptized man and woman administer to each other their marriage vows and lifelong partnership. - This rite commonly takes place during a mass with a priest serving as a minister of the and witness to the consent of the couple HOLY ORDER - Is a rite that only available to man who are being ordained as deacons, priests or bishops. - Through this rite, they were able to perform sacred duties and serve the church community. HOLY WEEK - Since Catholic is a dominant religion in the country, it is not surprising anymore that we regard every holiday and special

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