Agrarian Reform Policies PDF

**AGRARIAN REFORM POLICIES** Rectification of the whole agricultural system of the country. The agrarian policies are centered on the relationship between the production and the distribution of land among farmers. **Land Reform vs. Agrarian Reform** Land reform is concerned with **land rights...

**AGRARIAN REFORM POLICIES** Rectification of the whole agricultural system of the country. The agrarian policies are centered on the relationship between the production and the distribution of land among farmers. **Land Reform vs. Agrarian Reform** Land reform is concerned with **land rights** and their character, strength, and distribution, while agrarian reform focuses not only on these but also on a broader set of issues, such **as the class character of the relations of production and distribution in farming and related enterprises**, and how these connect to the wider class structure. It is thus concerned with economic and political power and the relations between them (cousins. 2007) **World Bank's Five Dimensions of Agrarian Reform** 1\. Stocks and market liberalization 2\. Land reform and development of land markets 3\. Agro-processing and input supply channels 4\. Urban finance 5\. Market institutions A key precondition for land reform to be feasible and effective in improving the beneficiaries' livelihoods is that such programs fit into a broader policy aimed at reducing poverty and establishing a favorable environment for the development of productive smallholder agriculture by the beneficiaries (World Bank, 2003). Before colonization, Filipinos had a communal ownership of land. Under the Spanish government, Filipinos did not have the right to own land, but were only allowed to work in them and pay colonial tributes to Spanish authorities through agricultural products. Pueblo system of agriculture Because of the scattered nature of the rural communities, the Spaniards organized them into a pueblo where they were given land to cultivate. **Laws of the Indies.** - Spain awarded tracts of lands to Religious orders. This became the main source of abuse and exploitation (e.g., the friars would increase land rent on a whim) - Repartamientos of Spanish soldiers, as a reward for their service and Spanish encomenderos, or those mandated to manage an encomienda. **Encomienda System** The Spanish government developed the hacienda system as a new form of land ownership. In the 1860, Spain ordered landowners to register their landholdings. This led to many peasants' either getting forced out of their "assigned lands in the earlier days of colonization or working for the people who claimed to have the rights of the land. By the end of the Philippine Revolution, the revolutionary government would declare all large landed estates as government property, including confiscated friar lands. To address landlessness, which was the main cause of social unrest at the time, the Americans passed several land policies to distribute land ownership to a larger number of Filipinos. The **Philippine Bill of 1902** provided regulations on the disposal of public lands, where a private individual may own up to 16 hectares of land, and corporate landholders' may have 1,024 hectares. - **[The Philippine Commission Act No. 496]** or The Land Registration conducted accurate land surveys through the Torrens system. Act addressed the issues of the absence of records of land titles. - **The Homestead Program** was a program introduced by the Americans where a tenant could enter into an agricultural business once the individual had acquired 16 hectares of farmland. Land Ownership during the American Colonization: Land ownership during this time worsened because of the limitlessness of the size of landholdings people could acquire, while the acquisition was only limited to those who could afford to purchase and register fixed property titles. The lands acquired from the friars were not necessarily given to the peasant farmers. Peasant farmers who were given land almost did not have the means to maintain and cultivate it and were forced to return tenancy to wealthy hacienderos because of debt. As a result, most of the lands ended up in the hands of wealthy Filipino hacienderos. This caused widespread uprisings. The **[Sakdal Uprising]** was a peasant rebellion brought about by the social inequality in land ownership and tenancy. Sakdal means \"to accuse.\" Benigno Ramos established the Partidon Sakdalista in 1933, and the group demanded for the abolition of taxes and equality in landownership. In 1935, an attempt at uprising was organized, but it was easily crushed by the government. Benigno Ramos fled to Tokyo and the Partido eventually collapsed. The peasant uprisings continued as the situation in the country\'s landownership worsened. During the Commonwealth government, President Quezon started a social justice program that focused on the purchase of haciendas to be divided and sold to tenants. The administration also created NARIC, or the National Rice and Corn Corporation, assigned to defend and assist the peasants in court battles for their rights. Additionally, the **Court of Industrial Relations** was established to exercise jurisdiction over disagreements involving land rights and the landowner-tenant relationship. However, because of the continuous uprisings and the lack of budget allocation, the Commonwealths efforts in agrarian reform failed. Eventually, all the interventions being done were put to stop when World War Il broke out and the Japanese occupied the Philippines. After the War, the administration focused on rehabilitating and rebuilding the nation. It attempted to solve the previous issues in landownership. Hacienda lands were redistributed, but the attempt at agrarian reform still failed, since there was little-to-no support given to the small farmers. What policies and interventions were established in the following administrations to support the agrarian reform? - Roxas - Quirino - Magsaysay - Macapagal **AGRARIAN REFORM DURING THE MARCOS REGIME** After declaring martial law in 1972, President Marcos was able to start a 'fundamental restructuring" of government in which he wiped out the landlord- dominated Congress in an attempt to address the structural problems in the countryside. - **Masagana 99** was rice self-sufficiency program in which farmers were able to borrow from banks and purchase three-hectare plots of land. - **Operation Land Transfer** granted land to tenants occupying seven hectares on rice and corn. However, because rice was the only focus of this program, the landed elite circumvented the law by changing their crops to be exempted from the program. They also evicted tenants and hired workers instead, because the lands worked by wage labor were also exempted from this program. As a result, landlessness increased because of the methods employed by the elite to exert power and dominance. especially Marcos cronies who were also involved in the agricultural sector. **POST-1986 AGRARIAN REFORM** In 1988, the Republic Act No. 6657, or the Comprehensive Agrarian Reform Law, introduced the Comprehensive Agrarian Reform Program (CARP). CARP enabled the redistribution of agricultural lands to tenant- farmers. Landowners were compensated and were allowed to retain. Ownership of no more than five hectares of land. Instead of turning their land to the government, they were legally allowed to distribute a portion of their capital stock, equity. or participation in favor of the farmers. However, the Congress, which was mainly dominated by the landed elites, was unwilling to fund the costs of the program, thus it accomplished only 22.5 percent of the land distribution in 6 years. **CARP** enabled the distribution of agricultural lands to tenant- farmers. Landowners were compensated and were allowed to retain ownership of no more than five hectares of land. Instead of turning their land to the government, they were legally allowed to distribute a portion of their capital stock. equity, or participation in favor of the farmers. However, the Congress, which was mainly dominated by the landed elites was unwilling to fund the costs of the program, thus it accomplished **only 225 percent of the land** **distribution in 6 years.** President Aquino also allowed the option for stock redistribution. Eventually, Hacienda Luisita turned itself into a corporation and mainly distributed stocks among its farmers instead of land. During the **Ramos administration**. The Department of Agrarian Reform (DAR) was able to distribute **58.25 percent** of the total area covered by CARP. Despite the lack of funding, time constraints, and lack of participation, CARP was expedited to meet the ten-year time frame. President Ramos signed **the Republic Act** **No. 8532 in 1998** to amend CARP. The program was to extended to another **ten** **years.** In 2008, the deadline of the extended CARP came to pass. Despite this 1.6 million hectares of agricultural land remained undistributed to the 1.2 million farmers. President Gloria Arroyo signed the Republic Act No. 9700, or the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER), which extended the deadline to five more years, from 2009 to 2004. During this period, CARPER was able to distribute a total of 1 million hectares of land to 900,000 farmer-beneficiaries. 500 hectares of land remain to be undistributed. **Taxation** "Death, taxes and childbirth! There's never any convenient time for any of them." - Margaret Mitchell, Gone with the Wind Modern taxation came with our colonial experience and the subsequent formation of the nation-state. When the archipelago was divided into political units, the people paid tributes to the local datu or, in the case of Mindanao, the sultan. Nowadays, taxation is the government\'s mechanism to raise funds and improve the citizen\'s lives. The revenues are needed for the government to carry out its mission to protect its people. Periodization: Pre-colonial Philippines (Before 1521) Spanish Colonization (1521-1898) American Period (1898-1942) Japanese Occupation (1942-1945) Post-War Philippines (1946-present) **Pre-Colonial Philippines** "Before 1521 we could have been anything and everything not Filipino; after 1565 we can be nothing but Filipino.\" (Joaquin, 2004. p. 21) There was no national government. The smallest political unit was called \"barangay\" (first documented by Antonio Pigafetta as balangaland balanghai \[Scott, 1994, p. 4\]). А balangay or barangay is also a term for a large boat that would fit the pre- colonial society. No datu unified the archipelago as one territory, although a leader, called a rajah or a sultan, consolidated the small political units into a larger one. Pre-colonial Filipinos paid their taxes to be protected by their datu. This was called \"buwis\" or \"handug. **Three classes in pre-colonial Visayan social structure:** **1. Tumao** - Noble rank, including the datu. **2. Timawa** - The \"free men,\" the warrior class, and the third rank of nobility. The class that paid taxes and could also acquire property, including slaves. **3. Oripun** - Commoners and slaves. They did not pay taxes and rendered instead their services for debts or favors (Scott 1994). **Spanish Colonization (1521- 1898)** **Manila-Acapulco Galleon Trade (1565 - 1815) A** ship that annually plied the Pacific from Manila to Acapulco, and back again. **Polo y Servicio** Men between the age of 16-60 years were required to render labor in the community for 40 days. Paying a falla (one and a half rea) could exempt the colonial subject from forced labor. **The Bandala** A system requiring the Filipino farmers to sell their goods to the government. Imposed by Governor Sebastian Hurtado de Corcuera in the seventeenth century, the bandala allowed for abuse as the colonial government could set the mandatory purchase of the goods at a lower price (Constantino, 1975, p. 51). **Encomienda System** King Phillip II issued a decree in 1558 to distribute the lands in Cebu to loyal Spanish subjects. Encomenderos were given the right to collect taxes in their assigned areas. - **Encomenderos** were required by law to protect the natives, help the missionaries in converting natives to Christianity, and promote education. - Tribute or \"buwis\" could be paid in cash or kind. Aside from that, custom duties and income tax were also collected. - By 1884, the cedula replaced the tribute. Everyone at the age of 18 and above were required to pay. - The Contador de\' Resultas, or the Chief Royal Accountant, was the head of the financial matters except when revoked by the Council of Indies. **American Period (1898-1942)** - **Commonwealth Act No. 465** was to impose resident tax, or cedula, which cost fifty centavos. Additional tax of one peso was also added, depending on one\'s income and properties. - In 1902, the first civil government was created under William H. Taft. The second civil governor, Luke E. Wright, passed the Reorganization Act No. 1189 in 1904, which created the Bureau of Internal Revenue. The first reorganization of the BIR, during the term of Collector William T. Holting, created eight divisions: \(1) Accounting \(2) Cash \(3) Clerical \(4) Inspection \(5) Law \(6) Real Estate \(7) License \(8) Records Although the Americans had forbidden the clergy from collecting tax, they retained the head tax, or the cedula, which burdened the peasants more than it did the elite, thereby demonstrating the Opposite of their professed aim of uplifting the entire nation (Abinales & Amoroso, 2017, pp. 122-23) **First three Filipino BIR Collectors:** 1\. Wenceslao Trinidad (1918-1922) 2\. Juan Posadas, Jr. (1922-1934) 3\. Alfredo Yatao (1934-1938) In May 1921, the Real Estate, License, and Cash Divisions were transferred to the City of Manila, leaving the bureau with five divisions: \(1) Administrative \(2) Law \(3) Accounting \(4) Income Tax \(5) Inspection The bureau thus established the Examiner\'s Division and the Secret Service Section. **Japanese Occupation (1942-1945)** - When World War II broke out, BIR was combined with the Customs Office, which was headed by the Director of Customs and Internal Revenue. - The Japanese issued a set of new money, which became known as the **\"Mickey Mouse money\"** because of its very low value as caused by the severe inflation. **War tax on Jews** In 1943, the Japanese imposed a war tax on all Jews residing in the country. Wealthy Jews were forced to surrender 50 percent of their holdings. **Post-War Philippines (1946 -- present)** - BIR was re-established when the United States granted the Philippines its independence. - After the War, there was a severe lack of funds in many sectors of the government. - During the term of President Elipidio Quirino, new tax measures were passed, including higher corporate taxes. - The tax collection scheme remained problematic in the administrations that followed, since the lower class remained overburdened by taxes, while the elite who controlled the government engineered to avoid getting higher taxes. - The post-War republic saw a rise in government corruption. - The Congress did not pass any tax legislation between 1959 and 1968. - Under President Marcos, 70 percent of the total tax collection came from indirect taxes, or taxes from the consumers. Low tax yield was generated at an average annual rate of 15 percent. - Under President Corazon Aquino, the 1986 Tax Reform Program was established to improve the responsiveness of the tax system. - **Value-added tax (VAT)** was introduced and put into effect in 1988. - The Department of Finance, along with its attached agency, Bureau of Internal Revenue, were restructured. As a result, the trust in BIR significantly increased and the tax revenue increased from 10.75 percent, in 1985, to 15.4 percent, in 1992. **Fiscal Policy (1946 -- Present)** - Under Fidel V. Ramos, in 1997, the Comprehensive Tax Reform Program was implemented, which aimed to raise revenue in the government coffers. - His administration failed to sustain the increase in revenue because of continuous corporate tax evasions and the government\'s weakness to prosecute elite tax evaders. - When Gloria Macapagal-Arroyo became president through EDSA Dos, there was an increase in government spending without having adjusted the tax collections, thus, resulting in large deficits from 2002 to 2004. - Expanded Value Added Tax (E-VAT) was signed into law. - VAT tax rate increased from 10 to 12 percent. - The administration of Benigno Aquino II made no new tax reforms but implemented the Republic Act 1305, or the Sin Tax Reform. - The Sin Tax Reform adds extra taxes on liquor and cigarettes. - Revenues from the Sin Tax enabled the increase in budget of the Department of Health and in the free health premium insurance for PhilHealth members. - President Rodrigo Duterte promised to lower income tax rates of the working Filipinos, but implemented the Tax Reform for Acceleration and Inclusion (TRAIN) instead. - President Duterte also signed RA No. 11346, imposing a higher tax on cigarettes and e- cigarettes, as part of the government\'s initiative to implement the Universal Health Program (UHC) of the Philippines. **Summary:** - The concept of taxation came with our colonial experience. This is the government\'s mechanism to raise funds and improve the citizen\'s lives. The revenues from the citizens are needed so that the government will be able to function fully. - In pre-colonial Philippines, the nearest form of government was called \"barangays,\" but there was no \"datu\" strong enough to unite the barangays into one nation. - Ancient Filipinos paid their taxes to be protected by their datu. This was called \"buwis\" or \"handug.\" - Spanish colonization established new systems of income-generation, like the Manila-Acapulco Galleon Trade, Polo y Servicio, and the Bandala system. - During the American colonization, cedula was imposed and became a legal identity document for Filipinos. - The Bureau of Internal Revenues (BIR) was created during this period. - During the Japanese occupation, \"Mickey Mouse money was issued. The War tax on Jews was also imposed. - When the Philippines gained its independence from the United States, in 1946, the BIR was re- established. - After the War, there was a severe lack of funds, so tax collection schemes were created to address the problem. - Tax collection schemes, however, remained problematic in the administrations that followed, since the lowest classes were overburdened with tax. - Different tax reform programs were created during the post-War administrations. **The Philippine Governments** Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves. --Ronald Reagan **Three Branches of Government** - Legislative Branch - Executive Branch - Judicial Branch The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and judicial. One basic corollary in a presidential system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of legal controversies to the Judiciary. The **Legislative branch** is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives. The **Executive branch** carries out laws. It is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country\'s bureaucracy. The **Judicial branch** evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts. Each branch of government can change acts of the other branches as follows: - The President can veto laws passed by Congress - Congress confirms or rejects the President\'s appointments and can remove the President from office in exceptional circumstances. - The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and confirmed by the Senate. **Summary** - Three Branches of Government: (a) Legislative branch (b) Executive branch and (c) Judicial branch - The **Legislative branch** is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives. - The **Executive branch** carries out laws. It is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. - The **Judicial branch** evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. **The Philippine Constitution** A government big enough to give you everything you want is a government big enough to take from you everything you have. -- Gerald R. Ford A constitution is defined as the set of principles that establish the nature and extent of the government of a nation-state. The Philippines has had four numerous constitutional changes since the 1899 Malolos Congress, including acts and provisional constitutions, especially during the American colonization and Japanese Occupation. The Philippine Constitutions and Acts: 1\. The 1899 Malolos Constitution 2\. The Philippine Organic Act of 1902 3\. The Jones Law of 1916 4\. The 1935 Constitution 5\. The 1943 Constitution 6\. The 1973 Constitution 7\. The 1986 Freedom Constitution 8\. The 1987 Constitution There were two ongoing wars against Spain prior to the formation of the Malolos Congress: \(1) the Philippine Revolution, which lasted from 23 August 1896 to 13 August 1898; and \(2) the Spanish-American War, which went on from 21 April 1898 to 13 August 1898 The **Malolos Constitution** was drafted soon after the defeat of the weakening Spanish empire, when the Filipino revolutionaries misconstrued the US military aid as an alliance and not as an act of American imperialism. The Constitution sought to define the laws of the young republic, providing \"for a representative form of government, a detailed Bill of Rights, the separation of church and state, and the dominance of a single-chamber legislative branch Over the executive and judiciary (Abinales & Amoroso, 2017, p. 115) Title II, Article 4, states that the form of government is to be \"popular, representative, alternative, and responsible.\" Three distinct powers: **1. Legislative** (vested in the Assembly of representatives where the members are elected for a four-year term): **2. Executive** (vested in the President; there was no vice president but in case of vacancy, the position shall be selected by the constituent assembly); and **3. Judicial** Great is this day, glorious this date, and forever memorable this moment in which our beloved people is raised to the apotheosis of Independence\" Hereafter, **January 23 will be in the Philippines** a national holiday, **as July 4 is to the American** nation; and, as in the past century, God helped a weak America when she fought against powerful Albion for the conquest of her liberty and independence, so to-day He will help us also in an identical enterprise for the manifestations of divine justice are immutably the same in rectitude and wisdom.\" - The **Malolos Constitution** was never enforced because of the Philippine- American War. - The **Treaty of Paris of 1898**, which ended the Spanish-American War, involved Spain selling the Philippines to the United States for **20 million dollars**, without the Filipinos knowing about the agreement. **1935 Constitution** - After the signing of the Treaty of Paris, the Philippines was put under a military government (from 1898 to 1901) until the civil government was put into place. - In the interim, United States Congress passed acts that defined colonial governance of the Philippines. - **[Organic Act of 1902]** enabled the creation of the Philippine Assembly. Key provisions of the act included the bill of rights of the Filipinos and the appointment of two representatives to the US House of Representatives. - This act also vested legislative power in a bicameral legislature, which is composed of the Philippine Commission (upper house) and **the Philippine Assembly** (lower house) **Jones Law, or the Philippine Autonomy Act of 1916** removed the Philippine Commission and replaced it with a Senate that served as the upper house. Its members were elected by the Filipino voters. -- This act also stated the recognition of the Philippines as an independent country as soon as a stable government was established. It declared the purpose of the United States to end their sovereignty over the country. - Led by Sergio Osmeña and Manuel Roxas, the **Hare- Hawes-Cutting Act** promised the granting of Filipino independence. However, this was opposed by President Manuel Quezon and was rejected by the Philippine Senate. - **Tydings-McDuffie Act**, or the Philippine Independence Act, defined the establishment of a formal constitution by a Constitutional Convention, which was first held on 30 July 1934 and installed Claro M. Recto as its president. **US President Franklin Roosevelt** approved the draft of what would become the 1935 Constitution, which established the Philippine Commonwealth. **Preamble to the 1935 Constitution**: \"The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice. liberty, and democracy, do ordain and promulgate this constitution.\" - Through the Constitution, the Commonwealth of the Philippines governed the Philippines from 1935 to 1946, serving as a transitional administration that would prepare the country for its independence. - **Rights to suffrage** are given to Filipino male citizens who are at least twenty-one years of age and who can read and write. Two years later, in 1937, suffrage was extended to Filipino women. - On 23 February 1935, the draft of the constitution was approved by the constitutional convention and ratified by US President Franklin D. Roosevelt on 25 March 1935. In September 1935, Manuel Quezon was elected as President of the Commonwealth. - The Japanese Occupation (1941-1945) interrupted the Commonwealth during World War II. - In the meantime, a new Philippine Republic was inaugurated under the **1943 Constitution**, with Jose P. Laurel as president. - The Japanese-sanctioned Constitution was soon repealed after the defeat of Japan and its allied forces. The 1935 Constitution was reinstated at the end of the War, in 1945. - On 4 July 1946, the United States granted the Philippines independence, but with \"parity rights\" for American businesses to exploit our natural resources and allow US military bases in the archipelago. The 1935 Constitution remained in place until Marcos maneuvered to have it ratified through supposed \"citizens\" assemblies. \"Presidents under the 1935 Constitution: Manuel L. Quezon, Sergio Osmeña, Manuel A. Roxas, Elpidio Quirino, Ramon Magsaysay, Carlos P. Garcia, Diosdado P. Macapagal, and Ferdinand E. Marcos. In 1967, two years after Ferdinand Marcos was elected as president, the Philippine Congress called for a constitutional convention to change the 1935 Constitution. With the declaration of the **Martial Law in 1972**, the convention did not finish its work. Some delegates of the constitutional convention either were jailed or went into hiding, or voluntarily exiled. Under the Marcos dictatorship, provisions of the Constitution were made. Some accounts even state that provisions to enable the president to hold on to for as long as he could was being directed by the president himself. The proposed constitution was approved on 29 November 1972. The president would serve a **six-year term** and can be elected to an unlimited number of terms. A plebiscite to ratify or reject the proposed constitution was postponed in fear of the public voting to reject the said constitution. From 10 to 15 January 1973, Citizen Assemblies were held for citizens to vote whether to ratify the constitution, continue martial law, or place a moratorium on elections. The legitimacy of these assemblies is questionable, because the people were never asked for their inputs, but were rather asked if they were hungry, to which they raised their hands (Piramide 2006). On 17 January 1973, the president issued a proclamation to ratify the proposed constitution, which was voted by the members of the highly irregular Citizen Assemblies. **Amendments to the Constitution:** - In 1976, the supposed Citizen Assemblies allowed the continuation of martial law. - Interim Batasang Pambansa substituted for the Interim National Assembly. - President was to become Prime Minister. - The office of the president was to continue to have its legislative powers until martial law is lifted. - The president had the power to legislate, on his own, on an emergency basis. - Retirement age of the members of judiciary was extended to 70 years old. - In 1981, the Executive Committee was created. This was composed of the Prime Minister and 14 cabinet members. This was abolished in 1984 and the position of the Vice President was restored - The 1973 Constitution served as a way for the office of the president to hold on to its executive powers and abolish the Senate. - With the backing of this constitution, the real power was concentrated on the president, and the system functioned as an authoritarian presidential system. **By 1980**, the discontent with the system escalated, especially when Benigno Aquino Jr. was assassinated in August 1983, and the suspicion arose that the order to assassinate the opposition leader came from the top levels of the government and the military. In response to a challenge to his presidency\'s legitimacy, **President Marcos agreed to a snap election.** Despite the widespread opposition and protests, both nationally and internationally, Marcos was declared as winner over his opponent Corazon Aquino. - The mounting tensions with all sectors, including a military faction, culminated in the 1986 EDSA Revolution, also known as the People Power Revolution. - The United States, which used to support Martial Law and Marcos, pressured him and his family to flee into exile. - On 25 February 1986, Corazon Aquino became the president of the Philippines. **Three options regarding the Constitution**: - Reinstate the 1935 Constitution; - Retain the 1973 Constitution - Start a new constitution. President Aquino decided to create a new constitution, which, she said, should be \"truly reflective of the aspirations and ideals of the Filipino people.\" **Freedom Constitution** was the transitional constitution that would last for a year while the new constitution was being drafted. A **constitutional convention was created in 1986**, which consisted of 48 members appointed by the president. The convention was largely influenced by the setup abolished by Marcos in 1972, mixed with new ways to keep the president in check, a response to the experience under the Marcos regime. The new constitution was adopted on 2 February 1987. The **Office of the Ombudsman** is created for complaints against a public official (e.g.. corruption, unlawful behavior, and public misconduct). It can charge a public official before the Sandiganbayan, or the anti-graft court. **Three independent Constitutional Commissions:** 1\. The Civil Service Commission is the agency in charge of the government personnel 2\. The Commission on Elections is in charge of election laws and the regulations 3\. The Commission on Audit is mandated to examine the funds, government personnel; and regulations; and transactions, and property accounts of the government and its agencies. **Summary:** - A constitution is defined as the set of principles that establish the nature and extent of the government of a nation-state. - The Malolos Constitution was drafted soon after the defeat of the weakening Spanish empire, when the Filipino revolutionaries misconstrued the US military aid as an alliance and not as an act of American imperialism. - The Treaty of Paris of 1898, which ended the Spanish-American War, involved Spain selling the Philippines to the United States for 20 million dollars, without the Filipinos knowing about the agreement. - After the signing of the Treaty of Paris, the Philippines was put under a military government (from 1898 to 1901) until the civil government was put into place. - In 1973, the Constitution was amended under martial law. With the backing of this Constitution, the real power was concentrated on the president and the system functioned as an authoritarian presidential system. - After the martial-law era, the 1987 Constitution was drafted under the presidency of Corazon Aquino. President Aquino decided to create a new constitution, which, she said, should be \"truly reflective of the aspirations and ideals of the Filipino people.\" - The convention that drafted the new Constitution was largely influenced by the setup abolished by Marcos in 1972, mixed with new ways to keep the president in check, a response to the experience under the Marcos regime.