Chapter-4 - History PDF

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CHAPTER 4SOCIAL, POLITICAL, ECONOMIC, AND CULTURAL Issues IN THEPHILIPPINE HISTORYLESSON 1: AGRARIAN REFORM POLICIESLEARNING OUTCOMES:At the end of this module the students were able to: Effectively communicate, using various techniques and genres, historical analysis of a particularevent that coul...

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CHAPTER 4 SOCIAL, POLITICAL, ECONOMIC, AND CULTURAL Issues IN THE PHILIPPINE HISTORY LESSON 1: AGRARIAN REFORM POLICIES LEARNING OUTCOMES: At the end of this module the students were able to:   

Effectively communicate, using various techniques and genres, historical analysis of a particular event that could help others understand the chosen topic Propose recommendation or solutions to present day problems based on their understanding of root cause, and their anticipation of future scenarios. Display the ability to work in a multi- disciplinary team and contribute to a group endeavor.

ACTIVITY: STRUTINIZE THE IMAGE BELOW

ANALYSIS: Give your insight about the image above.

ABSTRACTION:

What is RA 6657 or CARP - Comprehensive Agrarian Reform Program? CARP, or the Comprehensive Agrarian Reform Program, is the redistribution of public and private agricultural lands to farmers and farm workers who are landless, irrespective of tenurial arrangement. CARP’s vision is to have an equitable land ownership with empowered agrarian reform beneficiaries who can effectively manage their economic and social development to have a better quality of life. (Department of Agrarian Reform, n.d.)

One of the major programs of CARP is Land Tenure Improvement, which seeks to hasten distribution of lands to landless framers. Similarly, the Department offers Support Services to the beneficiaries such as infrastructure facilities, marketing assistance program, and technical support programs. Furthermore, the department seeks to facilitate, resolve cases and deliver Agrarian Justice. (Department of Agrarian Reform, n.d.) The legal basis for CARP is the Republic Act No. 6657 otherwise known as Comprehensive Agrarian Reform Law (CARL) signed by President Corazon C. Aquino on June 10, 1988. It is an act which aims to promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes. (Department of Agrarian Reform, n.d.)

REPUBLIC ACT NO. 6657 (June 10, 1988) AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES * A copy of the original document can be searched at this site: http://www.dar.gov.ph/ra-6657-what-is-carp-comprehensive-agrarian-reformprogram

1. What is CARP? What is CARPER? CARP stands for the Comprehensive Agrarian Reform Program, a government initiative that aims to grant landless farmers and farmworkers ownership of agricultural lands. It was signed into law by President Corazon C. Aquino on June 10, 1988, and was scheduled to have been completed in 1998. On the year of its deadline, Congress enacted a law (Republic Act No. 8532) appropriating additional funds for the program and extending the automatic appropriation of ill-gotten wealth recovered by the Presidential Commission on Good Governance (PCGG) for CARP until 2008. CARPER, or the Comprehensive Agrarian Reform Program Extension with Reforms, is the amendatory law that extends yet again the deadline of distributing agricultural lands to farmers for five years. It also amends other provisions stated in CARP. CARPER was signed into law on August 7, 2009. (Department of Agrarian Reform, n.d.)

2. Who are the beneficiaries of CARP? Landless farmers, including agricultural lessees, tenants, as well as regular, seasonal and other farmworkers. The Department of Agrarian Reform (DAR) identifies and screens potential beneficiaries and validates their qualifications. For example, to qualify, you must be at least 15 years old, be a resident of the barangay where the land holding is located, and own no more than 3 hectares of agricultural land. (Department of Agrarian Reform, n.d.)

3. What are the government offices involved in the program? Many agencies are involved in the implementation of CARP. The lead agencies are the Department of Agrarian Reform (DAR), and the Department of Environment and Natural Resources (DENR). They are incharge of the identification and distribution of covered land, and is commonly referred to as CARPable land. (Department of Agrarian Reform, n.d.)

4. How much land is subject to land reform? An estimated 7.8 million hectares of land is covered by CARP. (Department of Agrarian Reform, n.d.)

5. How much land has been acquired and distributed so far? As of December 31, 2013, the government has acquired and distributed 6.9 million hectares of land, equivalent to 88% of the total land subject to CARP. (Department of Agrarian Reform, n.d.)

6. How much land was distributed to beneficiaries under this administration? As of December 31, 2013, the administration has distributed a total of 751,514 hectares, or 45% of the total landholdings to be distributed to the farmer beneficiaries left under this administration. From this, DAR has distributes 412,782 hectares and DENR has already distributed 338,732 hectares. (Department of Agrarian Reform, n.d.) *As of the current administration of President Duterte, due to bureaucratic processes, lawsuits and problems on farmers’ registry, among others, there is still more than 600,000 hectares of land waiting to be turned over. According to Agrarian Reform Secretary John Castriciones, he was positive that the mandate of President Duterte to finish land distribution by 2022 will be achieved. (business.inquirer.net)

7. How much land does the government still need to acquire for distribution from 2014 to 2016? DAR still needs to acquire771,795 hectares, while the DENR still needs to acquire 134,857 hectares – a total of 906,652 hectares. (Department of Agrarian Reform, n.d.)

8. How will the government acquire the landholdings? There are different modes of acquiring and distributing public and private agricultural lands. For private lands under compulsory acquisition, the DAR will issue Notices of Coverage to the original owners of the landholdings. Notices of Coverage will be issued to most of the landholdings by June 30, 2014. (Department of Agrarian Reform, n.d.)

9. What is a Notice of Coverage? A Notice of Coverage (NOC) is a letter informing a landowner that his/her land is covered by CARP, and is subject to acquisition and distribution to beneficiaries. It likewise informs the landowner of his/her rights under the law, including the right to retain 5 hectares. (Department of Agrarian Reform, n.d.)

10. After the period of time allotted for CARPER by law is passed (August7, 2009 to June 30, 2014), how will the remaining landholdings, which are subject to compulsory acquisition, be distributed to the beneficiaries? As long as Notices of Coverage are issued on or before June 30, 2014, land distribution to the beneficiaries shall continue until completion, according to Section 30 of CARPER (R.A. No. 9700). Meaning, even after CARPER’s deadline, the law itself mandates the concerned agencies to finish distributing lands to the beneficiaries up to the very last hectares. This assures to the farmers that the process for receiving their land will continue (e.g., beneficiary identification, survey, generation, and registration of land titles to beneficiaries). (Department of Agrarian Reform, n.d.)

11. How does DAR intend to deal with the remaining landholdings (771,795 hectares) to be distributed? DAR projects that it will be distributing 187,686 hectares in 2014; 198,631 hectares in 2015; and 385,478 hectares in 2016. Of the remaining CARPable landholdings to be distributed, 551,275 hectares are considered workable, while 220,520 hectares are tagged as problematic.

Solutions for problematic landholdings will be worked out. (Department of Agrarian Reform, n.d.)

12. What were the challenges encountered in the course of acquiring and distributing private lands? There were numerous problems in implementing the land reform program: In some cases, technical descriptions in the land titles (which determine the boundaries of the land) were found to be erroneous and had to be corrected. Some titles were destroyed, and therefore, had to be reissued by undergoing a court process, similar to filing a case. Potential beneficiaries argued among themselves on who should or should not be qualified as beneficiaries; these disputes had to be mediated or resolved by the government. In other cases, landowners may petition that their lands be exempted or excluded from CARP coverage, and some of these petitions have gone up to the Supreme Court. Smaller parcels of land (5 hectares to 10 hectares) were only processed in the last year of implementation of CARPER (July 1, 2013 to June 30, 2014). Past efforts focused on bigger parcels of land, which involved more paperwork to process. Now that efforts are focused on smaller but more numerous cuts of land, there are more claim folders to process and distribute. (Department of Agrarian Reform, n.d.)

APPLICATION: (From the Presidential Communications Development and Strategic Planning Office and the Department of Agrarian Reform)

Name_________________________________________Date______________________________ Course and Section____________________________Subject___________________________

Activity: Proposals to the CARP and CARPER Laws The CARP Law was amended and extended by the CARPER Law to make Agrarian reform more responsive to the needs and situation of the society, but the law is far from perfect considering the complaints coming from different sectors. If you were given the chance to contribute in crafting a new Agrarian Reform Law, what would be your proposals? 1. Use/read the copies of CARP (RA 6657) and CARPER (RA 9700) Laws provided. 2. Write on the left side at least three (3) items/ laws you would want changed, revised or replaced on a per item basis.

3. Write on the right side your proposal. 4. Provide the reason/s for your revision or proposal

AGRARIAN REFORM CARP AND CARPER Laws

Proposal

Reason/s for the proposal

AGRARIAN REFORM CARP AND CARPER Laws

Reason/s for the proposal

Proposal

AGRARIAN REFORM CARP AND CARPER Laws

Reason/s for the proposal

Lesson 2 The Philippine Constitution

Proposal

ACTIVITY:

ANALYSIS: What is constitution? What is the fundamental objective of the constitution?

ABSTRACTION:

THE CONSTITUTIONS - the fundamental law of the land, which establishes the character and basic principles of the government. -

the basic political principles on which a state is governed, making clear the rights of the individual and limiting powers of the government.

THE PHILIPPINE CONSTITUTIONS A. MALOLOS CONSTITUTION (1899) - following the declaration of independence from Spain (1898) by the Revolutionary Government, a Congress was held in Malolos, Bulacan in 1899 to draw up a Constitution -

it was the First Republican Constitution in Asia . The document states that the people have exclusive sovereignty.

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it states basic civil rights, separated from the church and state, and called for the creation of an Assembly of Representatives which would act as the legislative body

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it also calls for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly

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was written by Felipe Calderon and Felipe Buencamino El Heraldo de la Revolucion - the official newspaper of the Malolos Republic. September 15, 1898. The Malolos Congress convened in Barasoain Church and Pedro Paterno was elected as its president. January 21, 1899. The Malolos Constitution drafted by a committee headed by Felipe Calderon was proclaimed transforming the government into what is known today as the First Philippine Republic. January 23,1899. Inauguration of the First Philippine Republic popularly known as the Malolos Republic amidst colorful ceremonies at the Barasoain Church, Malolos, Bulacan with Aguinaldo as its president.

Acts of the United States Congress -

the Philippines was under the jurisdiction of the federal government of the United States during this period (December 10, 1898 to March 24, 1934)

1. Philippine Bill of 1902 (Cooper Act) it provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). -

its key provisions included a bill of rights for the Filipinos and the appointment of two non-voting Filipino resident commissioners to represent the Philippines in the United States Congress.

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United States Congressman Henry Allen Cooper sponsored the Philippine Bill of 1902. The bill proposed the creation and administration of a civil government in the Philippines. President Franklin D. Roosevelt signed it into law in July 2,1902.

2. Philippine Autonomy Act of 1916 (Jones Law) - it modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house replacing it with a Senate elected by Filipino voters. -

this act also explicitly stated that it was and had always been the purpose of the people of the United States to withdraw their sovereignty over the Philippine islands and to recognize Philippine independence as soon as a stable government can be established therein.

3. Tydings-McDuffie Act - in 1934, the Tydings McDuffie Act (essentially the Hare-Hawes Cutting Act, as modified by Manuel L. Quezon) was passed by the U.S. Congress signed by President Franklin D. Roosevelt. -

the bill mandated a ten-year transition period to independence in 1944. The first step would be to establish the Commonwealth of the Philippines in 1935.

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the commonwealth would have its own constitution and would be selfgoverning, although foreign policy would be the responsibility of the U.S. Laws passed by the Philippine legislature affecting immigration, foreign trade, and the currency system had to be approved by the American President. The United States would retain only a single naval base and fueling stations.

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the Philippines would soon become a Commonwealth partner of the United States.

B. 1935 Constitution (Commonwealth Government) - The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election. -

it was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission.

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the Constitution granted the President a four-year term with a maximum of two consecutive terms in office

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a Constitutional Convention was held in 1971 to rewrite the 1935 Constitution Claro M. Recto – unanimously elected as the Chairman of the 1934 Constitutional Convention.

C. 1943 Constitution (Second Republic) - drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government in exile. -

KALIBAPI (Kapisanan ng Paglilingkod sa Bagong Pilipinas) was also organized, designed to be the sole and exclusive political organization in the Philippines.

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the legislature consisted of a unicameral National Assembly and only those considered as anti-US could stand for election. Although in practice, most legislators were appointed rather than elected.

D. 1973 Constitution (New Society) - Chairman of the 1971 ConCon – Former President Carlos P. Garcia and Diosdado Macapagal. -

it was promulgated after Marcos’ declaration of Martial Law (Proclamation Decree 1081 on September 21, 1972), introduced to a parliamentary style of government.

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Legislative power was vested in a National Assembly whose members were elected for six-years term

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the president was elected as the symbolic head of the state from the members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon elections, the President cased to be a member of the National Assembly.

1. The 1976 Amendments: An Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly. The President would also become the Prime Minister and he would continue to exercise legislative powers until such time as martial law was lifted. 2. In the 1980 amendment, the retirement age of the members of the judiciary was extended to 70 years. 3. In the 1981 amendments, the parliamentary system was modified: Executive power was restored to the President and direct elections of the President was restored. PHILIPPINE GOVERNMENT AND CONSTITUTION 

Political Science – is the study of the polis (Greek word for city, which is tantamount to today’s state). It is a specialized study of state, its government and politics.

State and Nation State – has some degree of permanence; political concept Nation it is racial in nature, bound by a common race or language as well as customs and traditions Elements of State 1. People – inhabitants or the population of the state that comprises its citizens 2. Territory – definite geographic area occupied by the people 3. Government – agency or instrumentality through which the will of the people is formulated, expressed and realized. 4. Sovereignty – supreme power of the state to rule over its citizens within its territory and be free from control of foreign states. Theories of the Evolution of State 1. Natural Theory – the formation of the state results from man’s natural inclination to associate and interact. 2. Divine Theory – holds the view that the state is of divine creation and its rules are of God’s chosen ones. 3. Force Theory – asserts that the state emerged as consequences of invasion, force or coercion. 4. Patriarchal Theory – state evolves from families 5. Social Contract Theory – explains that states were formed by deliberate and voluntary agreement among the people. Branches of Government 1. Executive – law implementing body (President) 2. Legislative – law-making body (Congress) 3. Judicial – law-interpreting body (Court system)

Inherent Powers of the state 1. Police power – the power of the state to enact laws or regulations in relation to persons and property for the promotion of public health, morals, safety and general welfare.

2. Taxation – power of the state to impose proportional charges upon persons, property of rights, for the use and support of the government and to enable it to discharge a legitimate function. 3. Eminent Domain – right or power of the state to take private property for public use upon payment of just compensation. What is government? - an institution that has the power to make laws and enforce those certain territories, people and other organizations -

derived from the Latin word qubemaculum which means a rudder used to steer, control, or direct.

Systems of Government: 1. Unitary - system of political organization in which most or all of the governing powers resides in a centralized government. -

The centralized government commonly delegates authority to subnational units and channels policy decisions when down to them for implementation. Example: Philippines

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Advantage: There is a clear hierarchical authority. Disadvantage: For the reason that the loyalty of the citizens is focused on the governmental authority, citizens tend to identify with the country as a whole rather than with regional authorities.

2. Federalism - mode of political organization that unites separate states or ot...