RPH Reviewer Lesson 1: Evolution of PH Constitution PDF

RPH REVIEWER Lesson 1: Evolution of PH Constitution Biak-Na-Bato Constitution - It is only a provisional constitution of the Philippine Republic during the Philippine Revolution (a transitional type of constitution until a permanent one is adopted). Date: July...

RPH REVIEWER Lesson 1: Evolution of PH Constitution Biak-Na-Bato Constitution - It is only a provisional constitution of the Philippine Republic during the Philippine Revolution (a transitional type of constitution until a permanent one is adopted). Date: July 1897 Promulgated: November 1 1897 Negotiators: - Emilio Aguinaldo - Pedro Paterno - Gov. Gen. Primo de Rivera Written by: Felix Ferrer and Isabelo Artacho - This constitution was borrowed from CUBA The organs (branches) of the government under the constitution: Supreme Council consists of President and 4 Department Secretaries: ○ War, Interior, Foreign Affairs, Treasury The Supreme Council of Grace and Justice (Consejo Supremo de Gracia y Justicia) which was given the authority to make decisions and affirm of disprove the sentences rendered by other courts and to dictate rules for the administration of justice. Assembly of Representatives (Asamblea de Representantes) 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 Malolos Constitution (Constitución Politica del 1899) [President of the Republic: Emilio Aguinaldo (1899-1901)] Date Approved: November 29 1898 Promulgated: January 21 1899 Drafters: - Felipé Calderon Y Roca - Felipe Buencamino President of the council: Apolinario Mabini 1 Contents: 93 Articles divided into 14 Titles 8 transitory provisions 1 unnumbered article This constitution formed its first 3 distinct powers: Executive - Helds President as a powerful position in the government of the country ↳ w/ a 1 term of 4 years with a chance of re-election Legislative (a unicameral system of legislature) - A unicameral body called Assembly of Representatives ↳ each members can only be elected 4 years per term Judicial (Judiciary) - Consists of a supreme court chief justice and its justices Inspirations of making this constitution: Spanish Constitution of 1812 French Constitution of 1793 - Despite this constitution being pivotal, it wasn’t implemented due to the Philippines becoming a U.S Territory post-Treaty of Paris The Commonwealth Constitution 1935 [President of the Republic: Manuel Luis Quezon Antonio ý Molina (1935-1944)] - The US approved a ten-year transition plan in 1934 and drafted a new constitution for 1935. - The Commonwealth Constitution laid some foundational policies that provides the way self-rule and independent Philippines such as: Democratic Paricipation Defense Preparedness - World War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. - This constitution was written apart of the Tydings-McDuffie Law ↳ In which it was ratified and adopted on May 14 1935 Contents: - Preamble - 18 Articles w/ 101 sections 2 Initial Structure of the Government: Executive: - President ↳ can serve 1, 4 year term ( with a possibility of a 2nd term by a process of re-election) Legislative: - A Unicameral National Assembly which later transitioned to Bicameral Congress in 1940 (which consisted of a Senate as a Upper House and a House of Representatives as a Lower House). Influential Acts: Philippine Organic Act of 1902 - sets up a bicameral legislature Jones Law of 1916 - Aimed at greater autonomy, paving the way towards self-ruled independence. - After WWII and regaining the Philippines from Japanese Forces, US proceeded with the transition agreement. - Came July 4 1946 in which the Americans granted the Philippines’ freedom and independence officially declared as “The Republic of the Philippines” with Manuel A. Roxas being the first president of the 3rd Republic. - 3rd Republic lasted for 26 Years (1946-1973) serving 6 presidents 1973 Authoritarian Constitution [President of the Republic: Ferdinand E. Marcos Sr. (1965-1969, 1969-1973, 1972-1981, 1981-1986)] Drafted: December 1 1972 Ratified: January 17 1973 thru Proclamation No. 1102 - The aim for the constitution was to extend the power and rule by decree which suspends the legislative power. Components: Preamble 17 Articles w/ 180 Sections Detailed Timeline (Key Dates): December 30, 1965 - Ferdinand Marcos Sr. was inaugurated as the 10th President of the Philippines and later re-elected for a second term in 1969 September 23, 1972 - came the order of Martial Law citing a communist insurgency 3  October 1976 - Marcos Sr. Issued Amendment #3 which declared him as both President and Prime Minister temporarily. June 12, 1978 - Interim Batasang Pambansa was established, serving as a legislative body and convened with a total of 189 members Type of Government: Parliamentary System / Authoritarian System - The Executive Power shall be vested in the Prime Minister and as a Commander-In-Chief of the country. ↳ It will be elected by the National Assembly with having only a 6 Year, 1 term - This new constitution referrends legislative power will be back at Unicameral National Assembly System ↳ Consists of 160 regional representatives from 13 regions ↳ 14 of whom were chosen as sectoral members for youth, agriculture, labor and industry. 1987 Constitution [President of the Republic: Corazon C. Aquino (1986-1992)] Drafted: October 12 1986 Ratified: February 2 1987 through National Plebiscite President of the committee: Former Chief Justice Cecilia Muñoz - Palma Contents: Preamble 18 Articls w/ 305 sections 3 independent constitutional commissions (see Article IX, Section 1 of the Constitution). - Aquino appointed 48 legislators to draft a new constitution through constitutional convention in May of 1968 which lasted for 133 days and completed on October 12 1986 and 3 days later were presented to the President. Type of Government: Democratic System - The Legislative reverted back to Bicameral Congress System The 3 Independent Constitutional Commissions: Commission on Audit (COA) - oversees and audits the use of government funds and resources and proper allocations. Civil Service Commission (CSC) - manages the civil service of the Philippines 4  Commission on Elections (COMELEC) - administers and supervises the elections, plebiscites and referenda to ensure free and fair election process. 3 Distinct Powers: Executive - Helds President as a powerful position in the government of the country ↳ w/ a 1 term of 6 years with no chance of a re-election - Vice President is a successor to the President if given in any circumstances ↳ can serve 2 non-consecutive 6 year terms Legislative Senate - Consists of 24 senators divided into 2 groups by term ↳ can serve 2 consecutive 6 year terms ↳ Senate President as the highest position elected by a majority of senators House of Representatives - Consists of 250 representatives ↳ they are elected mainly from their districts in their city ↳ 20% of whom shall come from a partylist ↳ can serve for 3 consecutive, 3 year terms ↳ House Speaker is the highest position elected by a majority of representatives. Judicial - Consists of 14 supreme court associate justices and 1 chief justice - All of its justices including the chief justice are appointed by the President. Key Conclusions: Executive - executes and implements the laws of constitution Legislative - authorizes to make, alter, and repeal law Judiciary - evaluates and interprets the meaning of laws, applies laws to individual cases and decides if laws violates the constitution. Articles of the Constitution I. National Territory II. Declaration of Principles and State Policies III. Bill of Rights IV. Citizenship V. Suffrage VI. The Legislative Department VII. The Executive Department VIII. The Judicial Department 5  IX. Constitutional Commissions X. Local Government XI. Accountability of Public Officers XII. National Economy and Patrimony XIII. Social Justice and Human Rights XIV. Education, Science & Technology, Arts, Culture & Sports XV. The Family XVI. General Provisions XVII. Amendments and Revisions XVIII. Transitory Provisions Lesson 2: The Agrarian Reform - It is a government-led program designed to redistribute agricultural land from landowners to tenant farmers and landless rural workers. This process aims to address social inequality, reduce rural poverty, and promote agricultural productivity by giving farmers ownership or control over the land they work on. Republic Act No. 6657 [Comprehensive Agrarian Reform Law (CARL)] - Establishes CARP to promote social justice and industrialization, providing the mechanism for its implementation and for other purposes. - Enacted by Pres. Corazon Aquino on June 10 1988 as part of her government’s commitment to agrarian reform and social justice following the People Power Revolution in 1986. SPANISH PERIOD Encomienda System (1502-1720) - The Spanish Crown granted lands (encomiendas) to Spaniards, including soldiers, officials, and religious orders, as rewards for service. These encomenderos were responsible to collect tribute from the indios and overtime, this system became exploitative as indios were often required to provide services unrelated to farming and encomenderos abuses their power, demanding more labor and taking crops at low prices, which they resold for profit (compras y vandals). Hacienda System (1800s) - This was an agricultural estate system that developed after the encomienda system declined. Large estate farms or plantations that produced crops for sale, often tied to global markets are alled haciendas, were owned by wealthy Spanish families, the church, or powerful local elites. The hacienda system allowed religious orders and wealthy Spaniards to own large estates, primarily for export crops. 6 AMERICAN PERIOD Philippine Bill of 1902 - This bill set regulations for the disposal of public lands, establishing size limits on private land ownership and giving Americans the right to own agricultural land in the Philippines. Policies: Private individuals could own up to 16 hectares, while corporations could acquire up to 1,024 hectares. This also permitted Americans to own land, influencing the land ownership landscape. Public Land Act of 1903 and the Homestead Program - An act introduced the homestead program, allowing Filipino tenants to acquire farms of at least 16 hectares, giving them an opportunity to cultivate and own land. Social Unrest and Peasant Uprisings (1920s-1930s) - The increasing concentration of land in the hands of a few and the widespread tenancy system fueled peasant dissatisfaction, leading to uprisings such as the Colorum and Sakdalista movements. They sought to challenge the oppressive land system. - These movements were driven by the desire for land reform and resistance against landlord abuses, marking the rise of more militant agrarian movements. COMMONWEALTH PERIOD National Rice and Corn Corporation (NARIC) - It was established to regulate the prices of rice and corn, ensuring that both tenants and consumers benefited from stable prices. This aims to protect farmers from market fluctuations and improve their income stability by setting prices. It was part of the government’s broader strategy to support both tenants and consumers, ensuring fair pricing in staple foods. Sakdalista Uprising (May 2-3, 1935) - The uprising highlighted the widespread discontent among peasants and increased the government’s urgency to implement land reforms. It underscored the need for concrete action on land ownership issues and tenant rights. 7 JAPANESE OCCUPATION HUKBALAHAP (HUKbo ng BAyan LAban sa mga HAPon) - This rebellion was formed as an anti-Japanese group by Filipino peasants and workers and sought to resist Japanese occupation while also pushing for pro-poor reforms. This rebellion also empowered peasants to take control of land previously owned by landlords who supported the Japanese. - The Hukbalahap movement highlighted the deep-rooted agrarian issues and the peasants’ desire for land reform. The struggle of this period inspired future movements advocating for tenant rights and land reforms. THIRD PHILIPPINE REPUBLIC - The New Republic era laid the foundation for the Philippines' development as an independent nation. While challenges persisted, the period saw: 1. Economic growth and industrialization 2. Expansion of education and infrastructure 3. Increased international engagement and diplomacy 4. Establishment of democratic institutions and processes, making the system exploitative Pres. Manuel A. Roxas (1946-1948) Republic Act No. 34 (1946) - The "70-30 Share Tenancy Act," this law aimed to regulate share-tenancy contracts and provide a more equitable distribution of crops between landlords and tenants in which tenants receive 70% of the net crop, while landlords receive 30%. This was intended to give tenants a larger share of the harvest. Pres. Ramon F. Magsaysay (1953-1957) Republic Act No. 1160 of 1954 - Abolished the LASEDECO and established the National Resettlement and Rehabilitation Administration (NARRA) Pres. Diosdado P. Macapagal (1961-1965) Republic Act No. 3844 (Agricultural Land Reform Code of 1963) - This law is considered the starting point of comprehensive agrarian reform in the Philippines due to its major provisions: - Abolition of Share Tenancy - Retention Limit - set a limit of 75 hectares on the amount of land a single owner could retain, encouraging the redistribution of excess land to tenant farmers. FOURTH PHILIPPINE REPUBLIC (BAGONG LIPUNAN) Pres. Ferdinand E. Marcos Sr. (1965-1969, 1969-1973, 1972-1981, 1981-1986) 8  Republic Act No. 6389 and RA No. 6390 (1971) - These laws created the Department of Agrarian Reform (DAR) and the Agrarian Reform Special Account Fund, strengthening the institution responsible for implementing land reforms. They also expanded the program’s scope, empowering farmers with more support services and financing. FIFTH PHILIPPINE REPUBLIC Pres. Corazon C. Aquino (1986-1992) Executive Order No. 228 - Gave full ownership of land to farmers who qualified and set rules for how landowners would be compensated. Executive Order No. 229 - Provided steps for implementing the agrarian reform program. Proclamation No. 131 - Made CARP an official government program and set aside Php 50 Billion to support it. Executive Order No. 129-A - Gave the Department of Agrarian Reform more powers to carry out the program. Pres. Fidel V. Ramos (1992-1998) Republic Act No. 7905 (1995) - This strengthened CARP to make it more effective in giving land to farmers. It was a legal improvement to make sure the goals of the program were met. Pres. Joseph E. Estrada (1998-2001) MAGKASAKA (MAGKAbalikat para SA Kaunlarang Agraryo) - This was a joint venture program between the Department of Agrarian Reform (DAR) and private investors. The goal was to help farmers become more competitive by bringing in private investment and new business practices. This was an attempt to modernize agriculture in the country. Pres. Gloria Macapagal-Arroyo (2001-2010) Republic Act No. 9700 (CARP Extension with Reforms Act of 2009 or CARPER) - Is the amendatory law that extends again the deadline of distributing agricultural lands to farmers for five years. Lesson 3: Taxation Pre-Colonial Philippines 3 Social Class Structure ○ Tumao, Timawa, Olipun 9 Spanish Era (Several Forms (Types) of Tax Collection in this period) Tribute System, Cedula, Estanco (Tax System), Polo y Servicio (Forced Labor) Tax American Colonization Established BIR (Bureau of Internal Revenue) in July 02 1904 through Reorganization Act No. 1189 or Internal Revenue Law of 1904 ○ Which was enacted on April 13 1904 BIR was not formally organized and operated until August 1 1904 under Secretary of Finance, Henry Ide (the author of the law) ○ John S. Hord is the first commissioner of BIR Under Commissioner Holting, the Bureau was reorganized on January 1 1913 with the creation of 8 divisions: ○ Accounting, Cash, Clerical, Inspection, Law, Real Estate, License, Records Under Filipinization Policy, Wenceslao Trinidad held as the first filipino commissioner of the bureau serving from (1918-1922) Japanese Occupation Imposes war taxes Introduced devalued currency (Mickey Mouse Money) Marcos Regime (1965-1986) Introduced Permanent Tax Account Number in 1970 for Taxpayer ID Enabled Bank Tax Payments through EO #206 In 1976, Efren Plana was appointed and enacted the National Internal Revenue Code of 1977 which updates the 1934 Tax Code. Aquino Administration (1986-1992) Established Operation Walang Lagay (1986) - aims at honest tax collection post-revolution Imposed VAT (Value Added Tax) in 1988 to enhance compliance. Tax Administration Program (1989) introduces TIN, new payment control system, and a simplified tax scheme for small businesses. Ramos Administration (1992-1998) The Bureau underwent on a modernization, and big transformation from (1993-1997) ○ Appointed Liwayway Vinzons-Chato as the first lady commissioner ACTS Program (1994) was launched for integrated transformation of BIR 10  Establishes Tax Computerization System to enhance tax processing Signed the Republict Act #8424 (NIRC Act) on December 11 1997 ○ The National Internal Revenue Code of 1997 (Tax Reform Act of 1997) Promotes sustainable economic growth by improving the tax system to be fairer and more efficient, increasing taxpayers' disposable income, fostering a competitive business environment, and ensuring the government can provide essential services. He instituted a forced increase on VAT (E-VAT law) from 4% to 10% mandated by World Bank and the International Monetary Fund. Under Ramos' administration, the Philippines experienced economic growth and stability. Estrada Administration (1998-2001) Launched Economic Recovery and Assistance Payment (ERAP) Program - Allows taxpayers to avoid audits if they pay 20% more in taxes than they did in 1997 which boosts tax compliance and economic recovery. Integrated Tax System through Electric Commerce Act of 2000 - To facilitate full utilization of tax computerization in bureau's operations. Arroyo Administration (2001-2010) Introduced eFPS (electronic Filing and Payment System) In 2004, Republic Act 9337 was passed into law. The measure allowed President Arroyo to increase the VAT rate to 12% and expand its coverage to encompass additional goods, including gasoline and other oil products. The reason given for the imposition was the same: the country needed the revenues to jump-start the economy which was mired in a deep fiscal crisis. Duterte Administration (2016-2022) Signed TRAIN Bill into Law on December 19 2017 ○ TRAIN (Tax Reform Acceleration and INclusion) Act (R.A. #10963) Marks the first phase of Comprehensive Tax Reform Program (CTRP) Offers substantial income tax cuts to most Filipino taxpayers while increasing revenue to fund the government’s “Build, Build, Build” Infrastructure Initiative and enhance social services TRAIN sets to generate significant revenue with 70% allocated to infrastructure projects and the remaining 30% for social services. This law exempted income taxes for PWDs and Foster Child as dependent ○ VAT also exempts agricultural and health sectors 11 *Above shows the list of tax deduction comparison between the NIRC in 1997 and the advanced TRAIN Law in 2017 based on an annual salary of a taxpayer Lesson 4: DOING HISTORY: A GUIDE FOR STUDENTS Doing Historical Research Online - The digital age has transformed historical research by providing easy access to vast collections of primary and secondary sources from anywhere in the world. Online platforms hosted by libraries, archives, museums, and universities offer digitized resources like manuscripts, newspapers, photographs, and government records to a global audience. Its Key Benefits: Convenience: Researchers can access materials without visiting physical archives. Advanced Tools: Searchable databases, text analysis software, and visualizations improve research efficiency. Notable Resources: Google Scholar: Access to academic articles, theses, and books. Google Books: Digitized and searchable books and rare publications. Philippine National Archives: Digital collections related to Philippine history. 12 Doing Life Research and Biographical Research Life History - Is a qualitative method focused on exploring individuals' or groups' experiences over time through narratives. Rooted in anthropology and sociology, it emphasizes subjective perspectives and considers social, cultural, and historical contexts. Researchers use flexible methods like interviews and diaries to gain holistic insights into personal experiences and societal influences. Biographical Research - Is a historical methodology that focuses on the detailed study of an individual's life to understand broader social, cultural, or political contexts. It involves the collection, analysis, and interpretation of personal narratives using sources such as Primary and Secondary Sources. Primary Sources: Letters, journals, autobiographies, photographs, oral histories, and personal artifacts. Secondary Sources: Scholarly biographies, historical analyses, and contextual studies. Examples of Biographical Research: Jose Rizal ○ A life history of Rizal not only explores his personal development as a writer and reformist but also contextualizes the broader intellectual and political awakening in the Philippines during Spanish colonial rule. Gabriela Silang ○ Studying her life emphasizes the role of women in revolutionary movements and highlights the intersection of gender and resistance in Philippine history. Doing Local and Oral History: Local History - It is an approach of historical research where a defined place or geographic area’s progression is the concern. With its primary goal of uncovering a locus, institutional aspects are naturally derived from its proceedings. Geographic Focus: Examines the unique social, economic, and cultural history of specific localities like towns or regions. Community Involvement: Engages local residents and organizations, enriching narratives through grassroots participation. 13  Primary Sources: Utilizes archival materials, records, newspapers, and artifacts to construct local histories. Oral History - This broader method of historical research uses people's experiences as sources, relying on interviews captured via videotapes, audiotapes, or transcripts. While extending beyond a single locality, it shares limitations with local history. Personal Narratives: Relies on interviews and testimonies, emphasizing individuals' subjective perspectives. Memory and Experience: Highlights lived experiences, often from marginalized groups absent in traditional records. Captures contemporary memories of recent events, offering firsthand insights. Methodology: Develops techniques for interviewing, analyzing, and interpreting personal accounts, considering context and relationships. Interacting with History through Historical Shrines and Museums Historical Shrines - Historical shrines are sites of cultural, religious, or historical significance, often commemorating important events, figures, or traditions. They serve as places of remembrance, education, and preservation of heritage. Examples of historical shrines: Intramuros, Manila Quezon Memorial Shrine Museums - It is an institution that takes care of and conserves collections of artistic, cultural, and scientific importance. These institutions serve as custodians of knowledge, offering the public opportunities to learn, explore, and connect with history and heritage. Examples of Museums in the Philippines: National Museum of Fine Arts National Museum of Anthropology 14