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Philippine History

The history of the Philippines is believed to have begun with the arrival of the first
humans via land bridges at least 30,000 years ago.[1] The first recorded visit from the
West is the arrival of Ferdinand Magellan on Homonhon Island, southeast of Samar on
March 16, 1521.
Spanish colonization began with the arrival of Miguel Lpez de Legazpi's expedition and
permanent settlement in the island of Cebu,[3] and more settlements continued northward
with the colonizers reaching the bay of Manila on the island of Luzon.[4] In Manila, they
established a new town and thus began an era of Spanish colonization that lasted for
more than three centuries.
Spanish rule brought political unification to an archipelago of previously independent
islands and communities that later became the Philippines, and introduced elements of
western civilization such as the code of law, printing and the calendar. The Philippines
was ruled as a territory of New Spain from 1565 to 1821, and then administered directly
from Madrid. During the Spanish period numerous towns were founded, infrastructures
built, new crops and livestock introduced, and trade flourished. Spanish missionaries
converted most of the population to Christianity and founded schools, universities and
hospitals across the islands.
The Philippine Revolution against Spain began in April 1896, culminating two years later
with a proclamation of independence and the establishment of the First Philippine
Republic. However, the Treaty of Paris, at the end of the Spanish-American War,
transferred control of the Philippines to the United States. This agreement was not
recognized by the Philippine Government which, on June 2, 1899, proclaimed a
Declaration of War against the U.S.[6] The Philippine-American War which ensued
resulted in massive Filipino casualties. [7] Filipino leader Emilio Aguinaldo was captured in
1901 and the U.S. government declared the conflict officially over in 1902. The Filipino
leaders, for the most part, accepted that the Americans had won, but hostilities
continued until 1913. U.S. colonial rule of the Philippines started in 1905 with very limited
local rule. Partial autonomy (commonwealth status) was granted in 1935, preparatory to
a planned full independence from the United States in 1946. Preparation for a fully
sovereign state was interrupted by the Japanese occupation of the islands during World
War II.[4]
With a promising economy in the 1950s and 1960s (even being second to Japan), the
Philippines in the late 1960s and early 1970s saw a rise of student activism and civil
unrest against the corrupt dictatorship of President Ferdinand Marcos who declared
martial law in 1972.[4] Because of close ties between United States and President
Marcos, the U.S. government continued to support Marcos even though his
administration was well-known for massive corruption and extensive human rights
abuse. The peaceful and bloodless People Power Revolution of 1986, however, brought
about the ousting of Marcos (who fled Manila on board a U.S. military helicopter,
eventually arriving in Hawaii where he was exiled until his death) and a return to
democracy for the country. The period since then, however, has been marked by political
instability and hampered economic productivity.
Early history
Human fossil records indicate that the Philippines may have been inhabited for
thousands of years. According to earlier archaeological findings, the first man in the
Philippines came from the islands around Asia which Professor H. Otley Beyer, eminent
American authority on Philippine archeology and anthropology, dubbed the "Dawn Man".
[8]
Yet the oldest human fossil found in the Philippines thus far is the 22,000-year-old
skull cap of a "Stone-Age Filipino" discovered by Dr. Robert B. Fox, an American
anthropologist of the National Museum, inside Lucy Cave, Palawan, on May 28, 1962
and dubbed the "Tabon Man".[9] The Tabon caves of Palawan indicate settlement for at
least 30,500 years; these hunter-gatherers used stone flake tools.[10] After these early
settlers, the Negrito arrived, whose ancestors include the Ati and the Aeta.
An Ati woman in Boracay, whose tribe belong to the Negritos, the earliest surviving
inhabitants of the Philippines
The Austronesian-speaking peoples originated from Proto-Austronesian peoples in
South China, coastal Southeast Asia, and island Southeast Asia. The two best known

hypotheses are that the Austronesian languages developed either in Taiwan about 7,000
years ago or in island Southeast Asia. The Malayo-Polynesian-speaking peoples, an
Austronesian branch, settled in the Philippines about 3,000 BC, and spread eastward to
the Pacific Islands, and westward to Madagascar.[11]
The Philippines had trade relations with China and Japan and strong cultural ties with
India through neighboring present-day Malaysia and Indonesia as early as the 9th to the
12th century.[4] The social and political organization of the population, in the widely
scattered islands, evolved into a generally common pattern. Only the permanent-field
rice farmers of northern Luzon had any concept of territoriality.[1] The basic unit of
settlement was the barangay, originally a kinship group headed by a datu (chief). Within
the barangay, the broad social divisions consisted of the maharlika (nobles), including
the datu; timawa (freemen); and a group described before the Spanish period as
dependents. Dependents included several categories with differing status: landless
agricultural workers; those who had lost freeman status because of indebtedness or
punishment for crime; and alipin (slaves), most of whom appear to have been war
captives.[1]
Islam was brought to the Philippines by traders and proselytizers from Malaysia and
Indonesia. Islamization of the Philippines is due to the strength of Muslim India.[12] By the
13th century, Islam was established in the Sulu Archipelago and spread from there to
Mindanao; it had reached the Manila area by 1565.[1] Although Islam spread to Luzon,
Animism, syncretized with Hinduism and Vajrayana Buddhism, was still the religion of
the majority of the Philippine islands. Muslim immigrants introduced a political concept of
territorial states ruled by rajas or sultans who exercised suzerainty over the datu. Neither
the political state concept of the Muslim rulers nor the limited territorial concept of the
sedentary rice farmers of Luzon, however, spread beyond the areas where they
originated.[1] When the Spanish arrived in the 16th century, the majority of the estimated
500,000 people in the islands lived in barangay settlements.[1]

Spanish rule (15651898)


The Philippine islands first came to the attention of Europeans with the Spanish
expedition around the world led by Portuguese explorer Ferdinand Magellan in 1521.
Magellan landed on the island called Homonhon, claiming the archipelago for Spain and
naming them Islas de San Lazaro.[13] He established friendly relations with some of the
local chieftains and converted some of them to Roman Catholicism.[13]In the island they
explored many islands including the island of Mactan. However, Magellan was killed in a
dispute with indigenous tribal groups led by a chieftain named Lapu-Lapu.
Over the next several decades, other Spanish expeditions were dispatched to the
islands. In 1543, Ruy Lpez de Villalobos led an expedition to the islands and gave the
name Las Islas Filipinas (after Philip II of Spain) to the islands of Samar and Leyte.[14]
The name would later be given to the entire archipelago.
Spanish colonization
Permanent Spanish settlement was not established until 1565 when an expedition led by
the Conquistador, Miguel Lpez de Legazpi, arrived in Cebu from Mexico (New Spain).
Six years later, following the defeat of the local Muslim ruler, Rajah Solayman, Legazpi
established a capital at Manila, a location that offered the excellent harbor of Manila Bay,
a large population, and proximity to the ample food supplies of the central Luzon rice
lands. Manila became the center of Spanish government, including military, religious,
and commercial activities in the islands.[15] Despite the opposition of the Portuguese, who
desired to maintain their monopoly on East Indies trade, the Spanish had secured a
foothold in the Philippines, which became their outpost as the Spanish East Indies.
Spanish leadership was soon established over a large archipelago, including many
independent communities that previously had known no central rule. [16] The The
Philippines was administered as a province of New Spain until Mexican independence
(1821).[17]
Occupation of the islands was accomplished with relatively little bloodshed, partly
because most of the population (except the Muslims) offered little armed resistance
initially.[15] A significant problem the Spanish faced was the subjugation of the Muslims of

Mindanao and the Sulu Archipelago. The Muslims, in response to attacks on them from
the Spanish and their native allies, raided areas of Luzon and the Visayas that were
under Spanish colonial control. The Spanish conducted intermittent military campaigns
against the Muslims, but without conclusive results until after the middle of the 19th
century.
Spanish-era battle standard. Coat of arms of Manila were at the corners of the Cross of
Burgundy in the Philippine standard.
The Philippines would have had a similar battle standard, with the coat of arms of Manila
in place of the one of Mexico City.
Church and state were inseparably linked in Spanish policy, with the state assuming
responsibility for religious establishments.[15] One of Spain's objectives in colonizing the
Philippines was the conversion of the local population to Roman Catholicism. The work
of conversion was facilitated by the absence of other organized religions, except for
Islam, which predominated in the south. The pageantry of the church had a wide appeal,
reinforced by the incorporation of Filipino social customs into religious observances. [15]
The eventual outcome was a new Roman Catholic majority of the main Austronesian
lowland population, from which the Muslims of Mindanao and the upland tribal peoples
of Luzon remained detached and alienated (such as the Ifugaos of the Cordillera region
and the Mangyans of Mindoro).[15]
At the lower levels of administration, the Spanish built on traditional village organization
by co-opting local leaders. This system of indirect rule helped create a Filipino upper
class, called the principalia, who had local wealth, high status, and other privileges. This
perpetuated an oligarchic system of local control. Among the most significant changes
under Spanish rule was that the Filipino idea of communal use and ownership of land
was replaced with the concept of private ownership and the conferring of titles on
members of the principalia.[15]
The Philippines was not profitable as a colony, and a long war with the Dutch in the 17th
century and intermittent conflict with the Muslims nearly bankrupted the colonial treasury.
[15]
Colonial income derived mainly from entrept trade: The Manila Galleons sailing from
Acapulco on the west coast of New Spain brought shipments of silver bullion and minted
coin that were exchanged for return cargoes of Chinese goods. There was no direct
trade with Spain.[15]
Decline of Spanish rule
Spanish rule on the Philippines was briefly interrupted in 1762, when British troops
occupied Manila as a result of Spain's entry into the Seven Years' War. The Treaty of
Paris of 1763 restored Spanish rule and in 1764 the British left the country fearing
another costly war with Spain. The brief British occupation weakened Spain's grip on
power and sparked rebellions and demands for independence.[19]
In 1781, Governor-General Jos Basco y Vargas established the Economic Society of
the Friends of the Country. The Philippines by this time was administered directly from
Spain. Developments in and out of the country helped to bring new ideas to the
Philippines. The opening of the Suez Canal in 1869 cut travel time to Spain. This
prompted the rise of the ilustrados, an enlightened Filipino upper class, since many
young Filipinos were able to study in Europe.
Enlightened by the Propaganda Movement to the injustices of the Spanish colonial
government and the "frailocracy", the ilustrados originally clamored for adequate
representation to the Spanish Cortes and later for independence. Jos Rizal, the most
celebrated intellectual and radical illustrado of the era, wrote the novels Noli Me Tangere
and El Filibusterismo, which greatly inspired the movement for independence. [16] The
Katipunan, a secret society whose primary purpose was that of overthrowing Spanish
rule in the Philippines, was founded by Andrs Bonifacio who became its Supremo
(leader).
The Philippine Revolution began in 1896. Rizal was implicated in the outbreak of the
revolution and executed for treason in 1896. The Katipunan in Cavite split into two
groups, Magdiwang, led by Mariano Alvarez (a relative of Bonifacio's by marriage), and
Magdalo, led by Emilio Aguinaldo. Leadership conflicts between Bonifacio and Aguinaldo
culminated in the execution or assassination of the former by the latter's soldiers.

Aguinaldo agreed to a truce with the Pact of Biak-na-Bato and Aguinaldo and his fellow
revolutionaries were exiled to Hong Kong. Not all the revolutionary generals complied
with the agreement. One, General Francisco Makabulos, established a Central
Executive Committee to serve as the interim government until a more suitable one was
created. Armed conflicts resumed, this time coming from almost every province in
Spanish-governed Philippines.
In 1898, as conflicts continued in the Philippines, the USS Maine, having been sent to
Cuba because of U.S. concerns for the safety of its citizens during an ongoing Cuban
revolution, exploded and sank in Havana harbor. This event precipitated the SpanishAmerican war.[20] After Commodore George Dewey defeated the Spanish squadron at
Manila, the U.S. invited Aguinaldo to return to the Philippines, which he did on May 19,
1898, in the hope he would rally Filipinos against the Spanish colonial government. By
the time U.S. land forces had arrived, the Filipinos had taken control of the entire island
of Luzon, except for the walled city of Intramuros. On June 12, 1898, Aguinaldo declared
the independence of the Philippines in Kawit, Cavite, establishing the First Philippine
Republic under Asia's first democratic constitution.[16]
Simultaneously, a German squadron arrived in Manila and declared that if the United
States did not seize the Philippines as a colonial possession, Germany would. In the
Battle of Manila, the United States captured the city from the Spanish. This battle
marked an end of Filipino-American collaboration, as Filipino forces were prevented from
entering the captured city of Manila, an action deeply resented by the Filipinos. [21] Spain
and the United States sent commissioners to Paris to draw up the terms of the Treaty of
Paris which ended the Spanish-American War. The Filipino representative, Felipe
Agoncillo, was excluded from sessions as the revolutionary government was not
recognized by the family of nations.[21] Although there was substantial domestic
opposition, the United States decided neither to return the Philippines to Spain, nor to
allow Germany to annex the Philippines. In addition to Guam and Puerto Rico, Spain
was forced in the negotiations to hand over the Philippines to the U.S. in exchange for
US$20,000,000.00,[22] which the U.S. later claimed to be a "gift" from Spain. [23] The first
Philippine Republic rebelled against the U.S. occupation, resulting in the PhilippineAmerican War (18991913).
American territorial period (18981946)
Filipinos initially saw their relationship with the United States as that of two nations
joined in a common struggle against Spain. [24] As allies, Filipinos had provided the
American forces with valuable intelligence and military support.[25] However, the United
States later distanced itself from the interests of the Filipino insurgents. Aguinaldo was
unhappy that the United States would not commit to paper a statement of support for
Philippine independence.[25] Relations deteriorated and tensions heightened as it
became clear that the Americans were in the islands to stay.
Philippine-American War
General Jacob H. Smith's infamous order "KILL EVERYONE OVER TEN" was the
caption in the New York Journal cartoon on May 5, 1902. The Old Glory draped an
American shield on which a vulture replaced the bald eagle. The bottom caption
exclaimed, "Criminals Because They Were Born Ten Years Before We Took the
Philippines."
Hostilities broke out on February 4, 1899, after two American privates on patrol killed
three Filipino soldiers in San Juan, a Manila suburb.[26] This incident sparked the
Philippine-American War, which would cost far more money and took far more lives than
the Spanish-American War.[16] Some 126,000 American soldiers would be committed to
the conflict; 4,234 Americans died, as did 16,000 Filipino soldiers who were part of a
nationwide guerrilla movement of indeterminate numbers.[26] Estimates on civilian deaths
during the war range between 250,000 and 1,000,000, largely because of famine and
disease. Atrocities were committed by both sides.[26]
The poorly-equipped Filipino troops were easily overpowered by American troops in
open combat, but they were formidable opponents in guerrilla warfare. [26] Malolos, the
revolutionary capital, was captured on March 31, 1899. Aguinaldo and his government
escaped however, establishing a new capital at San Isidro, Nueva Ecija. Antonio Luna,
Aguinaldo's most capable military commander, Gregorio del Pilar, was killed in June at
Tirad Pass. With his best commander dead and his troops suffering continued defeats as

American forces pushed into northern Luzon, Aguinaldo dissolved the regular army in
November 1899 and ordered the establishment of decentralized guerrilla commands in
each of several military zones. The general population, caught between Americans and
rebels, suffered significantly.[26]
Aguinaldo was captured at Palanan, Isabela on March 23, 1901 and was brought to
Manila. Convinced of the futility of further resistance, he swore allegiance to the United
States and issued a proclamation calling on his compatriots to lay down their arms,
officially bringing an end to the war.[26] However, sporadic insurgent resistance continued
in various parts of the Philippines, especially in the Muslim south, until 1913.[27]
In The Specter of Genocide: Mass Murder in Historical Perspective (2003), Prof. Gavan
McCormack argues that during the Philippine-American War the outright counter-guerilla
operations launched by the U.S. against the Filipinos, an integral part of its violent
pacification program, which claimed the lives of over a million Filipinos, constitutes
genocide.
United States territory
The United States defined its territorial mission as one of tutelage, preparing the
Philippines for eventual independence. Civil government was established by the United
States in 1901, with William Howard Taft as the first American Governor-General of the
Philippines, replacing the military governor, Arthur MacArthur, Jr. The governor-general
acted as head of the Philippine Commission, a body appointed by the U.S. president
with legislative and limited executive powers. The commission passed laws to set up the
fundamentals of the new government, including a judicial system, civil service, and local
government. A Philippine Constabulary was organized to deal with the remnants of the
insurgent movement and gradually assume the responsibilities of the United States
Army. The elected Philippine Assembly was inaugurated in 1907, becoming a lower
house of a bicameral legislature, with the appointed Philippine Commission as upper
house.
Frank Murphy was the last Governor-General of the Philippines (1933-35), and the first
U.S. High Commissioner of the Philippines (1935-36). The change in form was more
than symbolic: it was intended as a manifestation of the transition to independence.
United States policies towards the Philippines shifted with changing administrations. [16]
During the early years of territorial administration, the Americans were reluctant to
delegate authority to the Filipinos. However, when Woodrow Wilson became U.S.
President in 1913, a new policy was adopted to put into motion a process that would
gradually lead to Philippine independence. The Jones Act, passed by the U.S. Congress
in 1916 to serve as the new organic law in the Philippines, promised eventual
independence and instituted an elected Philippine senate.
The 1920s saw alternating periods of cooperation and confrontation with American
governors-general, depending on how intent the incumbent was on exercising his
powers vis--vis the Philippine legislature. Members to the elected legislature lobbied for
immediate and complete independence from the United States. Several independence
missions were sent to Washington, D.C. A civil service was formed and was gradually
taken over by Filipinos, who had effectively gained control by 1918.
Philippine politics during the American territorial era was dominated by the Nacionalista
Party, which was founded in 1907. Although the party's platform called for "immediate
independence", their policy toward the Americans was highly accommodating. [30] Within
the political establishment, the call for independence was spearheaded by Manuel L.
Quezon, who served continuously as Senate president from 1916 until 1935.
Commonwealth
In 1933, the United States Congress passed the Hare-Hawes-Cutting Act as a Philippine
Independence Act over President Herbert Hoover's veto.[31] Though the bill had been
drafted with the aid of a commission from the Philippines, it was opposed by Philippine
Senate President Manuel L. Quezon, partially because of provisions leaving the United
States in control of naval bases. Under his influence, the Philippine legislature rejected
the bill.[32] The following year, a revised act known as the Tydings-McDuffie Act was
finally passed. The act provided for the establishment of the Commonwealth of the
Philippines with a ten-year period of peaceful transition to full independence. The

commonwealth would have its own constitution and be self-governing, though foreign
policy would be the responsibility of the United States, and certain legislation required
approval of the United States president.[32]
A constitution was framed and approved by Franklin D. Roosevelt in March 1935. On
May 14, 1935, and a Filipino government was formed on the basis of principles similar to
the U.S. Constitution. The commonwealth was established in 1935, electing Manuel
Quezon as the president and featuring a very strong executive, a unicameral National
Assembly, and a Supreme Court composed entirely of Filipinos for the first time since
1901.[33]
World War II and Japanese occupation
Japan launched a surprise attack on the Clark Air Base in Pampanga, Philippines on
December 8, 1941, just ten hours after the attack on Pearl Harbor. Aerial bombardment
was followed by landings of ground troops on Luzon. The defending Philippine and
United States troops were under the command of General Douglas MacArthur. Under
the pressure of superior numbers, the defending forces withdrew to the Bataan
Peninsula and to the island of Corregidor at the entrance to Manila Bay.
On January 2, 1942, General MacArthur declared the capital city, Manila, an open city to
prevent its destruction,[34] The Philippine defense continued until the final surrender of
United States-Philippine forces on the Bataan Peninsula in April 1942 and on Corregidor
in May of the same year. Most of the 80,000 prisoners of war captured by the Japanese
at Bataan were forced to undertake the infamous Bataan Death March to a prison camp
105 kilometers to the north. It is estimated that about 10,000 Filipinos and 1,200
Americans died before reaching their destination.[35]
President Quezon and Osmea had accompanied the troops to Corregidor and later left
for the United States, where they set up a government in exile. [36] MacArthur was ordered
to Australia, where he started to plan for a return to the Philippines.
The Japanese military authorities immediately began organizing a new government
structure in the Philippines and established the Philippine Executive Commission. They
initially organized a Council of State, through which they directed civil affairs until
October 1943, when they declared the Philippines an independent republic. The
Japanese-sponsored republic headed by President Jos P. Laurel proved to be
unpopular.[37]
Japanese occupation of the Philippines was opposed by large-scale underground and
guerrilla activity. The Philippine Army continued to fight the Japanese in a guerrilla war
and was considered an auxiliary unit of the United States Army. Their effectiveness was
such that by the end of the war, Japan controlled only twelve of the forty-eight provinces.
[37]
The major element of resistance in the Central Luzon area was furnished by the
Hukbalahap (Filipino: "Hukbong Bayan Laban sa mga Hapon") ("People's Army Against
the Japanese"), which armed some 30,000 people and extended their control over much
of Luzon.[37]
MacArthur's Allied forces landed on Leyte on October 20, 1944. Landings in other parts
of the country followed, and the Allies with the Philippine Comonwealth troops pushed
toward Manila. Fighting continued until Japan's formal surrender on September 2, 1945.
The Philippines suffered great loss of life and tremendous physical destruction by the
time the war was over. The Japanese committed widespread abuse of the Filipino
people, including murder, rape, theft, forced labor, and punishment for having been
under US rule. An estimated 1 million Filipinos had been killed, and Manila was
extensively damaged as the Japanese did not declare it an open city as the Americans
had done in 1942.
Independent Philippines and the Third Republic (19461972)
Elections were held in April 1946, with Manuel Roxas becoming the first president of the
independent Republic of the Philippines. The United States ceded its sovereignty over
the Philippines on July 4, 1946, as scheduled.[16][38] However, the Philippine economy
remained highly dependent on United States markets more dependent, according to
United States high commissioner Paul McNutt, than any single U.S. state was
dependent on the rest of the country.[39] The Philippine Trade Act, passed as a
precondition for receiving war rehabilitation grants from the United States, [40]

exacerbated the dependency with provisions further tying the economies of the two
countries. A military assistance pact was signed in 1947 granting the United States a 99year lease on designated military bases in the country (the lease was later reduced to 25
years beginning 1967).
The Roxas administration granted general amnesty to those who had collaborated with
the Japanese in World War II, except for those who had committed violent crimes. Roxas
died suddenly of a heart attack in April 1948, and the vice president, Elpidio Quirino, was
elevated to the presidency. He ran for president in his own right in 1949, defeating Jose
P. Laurel and winning a four-year term.
World War II had left the Philippines demoralized and severely damaged. The task of
reconstruction was complicated by the activities of the Communist-supported
Hukbalahap guerrillas (known as "Huks"), who had evolved into a violent resistance
force against the new Philippine government. Government policy towards the Huks
alternated between gestures of negotiation and harsh suppression. Secretary of Defense
Ramon Magsaysay initiated a campaign to defeat the insurgents militarily and at the
same time win popular support for the government. The Huk movement had waned in
the early 1950s, finally ending with the unconditional surrender of Huk leader Luis Taruc
in May 1954.
Supported by the United States, Magsaysay was elected president in 1953 on a populist
platform. He promised sweeping economic reform, and made progress in land reform by
promoting the resettlement of poor people in the Catholic north into traditionally Muslim
areas. Though this relieved population pressure in the north, it heightened religious
hostilities.[41] Nevertheless, he was extremely popular with the common people, and his
death in an airplane crash in March 1957 dealt a serious blow to national morale.
Carlos P. Garcia succeeded to the presidency after Magsaysay's death, and was elected
to a four-year term in the election of November that same year. His administration
emphasized the nationalist theme of "Filipino first", arguing that the Filipino people
should be given the chances to improve the country's economy. [42] Garcia successfully
negotiated for the United States' relinquishment of large military land reservations.
However, his administration lost popularity on issues of government corruption as his
term advanced.[43]
Diosdado Macapagal was elected president in the 1961 election, defeating Garcia's reelection bid. Macapagal's foreign policy sought closer relations with neighboring
Asian nations, particularly Malaya (later Malaysia) and Indonesia.[41] Negotiations
with the United States over base rights led to anti-American sentiment. [41] Notably,
the celebration of Independence Day was changed from July 4 to June 12, to
honor the day
Marcos era and martial law (19651986)
Macapagal ran for re-election in 1965, but was defeated by his former party-mate,
Senate President Ferdinand Marcos, who had switched to the Nacionalista Party. Early
in his presidency, Marcos initiated ambitious public works projects and intensified tax
collection which brought the country economic prosperity throughout the 1970s. His
administration built more roads (including a substantial portion of the Pan-Philippine
Highway) than all his predecessors combined, and more schools than any previous
administration.[44] Marcos was re-elected president in 1969, becoming the first president
of the independent Philippines to achieve a second term.
The Philippine Legislature was corrupt and impotent. Opponents of Marcos blocked the
necessary legislation to implement his ambitious plans. Because of this, optimism faded
early in his second term and economic growth slowed. [45] Crime and civil disobedience
increased. The Communist Party of the Philippines formed the New People's Army. The
Moro National Liberation Front continued to fight for an independent Muslim nation in
Mindanao. An explosion during the proclamation rally of the senatorial slate of the
Liberal Party on August 21, 1971 prompted Marcos to suspend the writ of habeas
corpus, which he restored on January 11, 1972 after public protests.
Martial law
Amidst the rising wave of lawlessness and the threat of a Communist insurgency,
Marcos declared martial law on September 21, 1972 by virtue of Proclamation No. 1081.

Marcos, ruling by decree, curtailed press freedom and other civil liberties, closed down
Congress and media establishments, and ordered the arrest of opposition leaders and
militant activists, including his staunchest critics senators Benigno Aquino, Jr., Jovito
Salonga and Jose Diokno.[46] The declaration of martial law was initially well received,
given the social turmoil the Philippines was experiencing. [47] Crime rates plunged
dramatically after a curfew was implemented.[48] Many political opponents were forced to
go into exile.
A constitutional convention, which had been called for in 1970 to replace the colonial
1935 Constitution, continued the work of framing a new constitution after the declaration
of martial law. The new constitution went into effect in early 1973, changing the form of
government from presidential to parliamentary and allowing Marcos to stay in power
beyond 1973.
Marcos claimed that martial law was the prelude to creating a "New Society" based on
new social and political values.[49] The economy during the 1970s was robust, with
budgetary and trade surpluses. The Gross National Product rose from P55 billion in
1972 to P193 billion in 1980. Tourism rose, contributing to the economy's growth.
However, Marcos, his cronies and his wife, Imelda Romualdez-Marcos, wilfully engaged
in rampant corruption.[50]
Fourth Republic
Appeasing the Roman Catholic Church before the visit of Pope John Paul II,[51] Marcos
officially lifted martial law on January 17, 1981. However, he retained much of the
government's power for arrest and detention. Corruption and nepotism as well as civil
unrest contributed to a serious decline in economic growth and development under
Marcos, whose health declined due to lupus.
The political opposition boycotted the 1981 presidential elections, which pitted Marcos
against retired general Alejo Santos.[46] Marcos won by a margin of over 16 million votes,
which constitutionally allowed him to have another six-year term. Finance Minister Cesar
Virata was elected as Prime Minister by the Batasang Pambansa.
In 1983, opposition leader Benigno Aquino, Jr. was assassinated at the Manila
International Airport upon his return to the Philippines after a long period of exile. This
coalesced popular dissatisfaction with Marcos and began a succession of events,
including pressure from the United States, that culminated in a snap presidential election
in February 1986.[52] The opposition united under Aquino's widow, Corazon Aquino.
The official election canvasser, the Commission on Elections (Comelec), declared
Marcos the winner of the election. However, there was a large discrepancy between the
Comelec results and that of Namfrel, an accredited poll watcher. The allegedly
fraudulent result was rejected by Corazon Aquino and her supporters. International
observers, including a U.S. delegation, denounced the official results. [52] Gen. Fidel
Ramos and Defense Minister Juan Ponce Enrile withdrew their support for Marcos. A
peaceful civilian-military uprising, now popularly called the People Power Revolution,
forced Marcos into exile and installed Corazon Aquino as president on February 25,
1986.
Fifth Republic (1986present)
Corazon Aquino immediately formed a revolutionary government to normalize the
situation, and provided for a transitional "Freedom Constitution".[53] A new permanent
constitution was ratified and enacted in February 1987. [54] The constitution crippled
presidential power to declare martial law, proposed the creation of autonomous regions
in the Cordilleras and Muslim Mindanao, and restored the presidential form of
government and the bicameral Congress.[55] Progress was made in revitalizing
democratic institutions and respect for civil liberties, but Aquino's administration was also
viewed as weak and fractious, and a return to full political stability and economic
development was hampered by several attempted coups staged by disaffected members
of the Philippine military.[56] Economic growth was additionally hampered by a series of
natural disasters, including the 1991 eruption of Mount Pinatubo that left 700 dead and
200,000 homeless.[57]
In 1991, the Philippine Senate rejected a treaty that would have allowed a 10-year
extension of the U.S. military bases in the country. The United States turned over Clark

Air Base in Pampanga to the government in November, and Subic Bay Naval Base in
Zambales in December 1992, ending almost a century of U.S. military presence in the
Philippines.
In the 1992 elections, Defense Secretary Fidel V. Ramos, endorsed by Aquino, won the
presidency with just 23.6% of the vote in a field of seven candidates. Early in his
administration, Ramos declared "national reconciliation" his highest priority and worked
at building a coalition to overcome the divisiveness of the Aquino years. [55] He legalized
the Communist Party and laid the groundwork for talks with communist insurgents,
Muslim separatists, and military rebels, attempting to convince them to cease their
armed activities against the government. In June 1994, Ramos signed into law a general
conditional amnesty covering all rebel groups, and Philippine military and police
personnel accused of crimes committed while fighting the insurgents. In October 1995,
the government signed an agreement bringing the military insurgency to an end. A peace
agreement with the Moro National Liberation Front (MNLF), a major separatist group
fighting for an independent homeland in Mindanao, was signed in 1996, ending the 24year old struggle. However, an MNLF splinter group, the Moro Islamic Liberation Front
continued the armed struggle for an Islamic state. Efforts by Ramos supporters to gain
passage of an amendment that would allow him to run for a second term were met with
large-scale protests, leading Ramos to declare he would not seek re-election.[58]
Joseph Estrada, a former movie actor who had served as Ramos' vice president, was
elected president by a landslide victory in 1998. His election campaign pledged to help
the poor and develop the country's agricultural sector. He enjoyed widespread popularity,
particularly among the poor.[59] Under the cloud of the Asian financial crisis which began
in 1997, Estrada's wayward governance took a heavy toll on the economy.
Unemployment worsened, the budget deficit grew, and the currency plunged. Eventually,
the country's economy recovered but at a much slower pace than that of its Asian
neighbors.
Within a year of his election, Estrada's popularity declined sharply amid allegations of
cronyism and corruption, and failure to remedy the problems of poverty.[50] In October
2000, Estrada was accused of having accepted millions of pesos in payoffs from illegal
gambling businesses. He was impeached by the House of Representatives, but his
impeachment trial in the Senate broke down when the senate voted to block examination
of the president's bank records. In response, massive street protests erupted demanding
Estrada's resignation. Faced with street protests, cabinet resignations, and a withdrawal
of support from the armed forces, Estrada was forced from office on January 20, 2001.
Vice President Gloria Macapagal-Arroyo (the daughter of the late President Diosdado
Macapagal) was sworn in as Estrada's successor on the day of his departure. Her
accession to power was further legitimated by the mid-term congressional and local
elections held four months later, when her coalition won an overwhelming victory.[50]
Arroyo's initial term in office was marked by fractious coalition politics as well as a
military mutiny in Manila in July 2003 that led her to declare a month-long nationwide
state of rebellion.[50]
Arroyo had declared in December 2002 that she would not run in the May 2004
presidential election, but she reversed herself in October 2003 and decided to join the
race.[50] She was re-elected and sworn in for her own six-year term as president on June
30, 2004. In 2005, a tape of a wiretapped conversation surfaced bearing the voice of
Arroyo apparently asking an election official if her margin of victory could be maintained.
[60]
The tape sparked protests calling for Arroyo's resignation. [60] Arroyo admitted to
inappropriately speaking to an election official, but denied allegations of fraud and
refused to step down.[60] Attempts to impeach the president failed later that year.
Arroyo currently spearheads a controversial plan for an overhaul of the constitution to
transform the present presidential-bicameral republic into a federal parliamentaryunicameral form of government.

Jos Rizals Life And Works


Jos Protasio Rizal Mercado y Alonso Realonda

A photo of Jos Rizal, National hero of the Philippines.


Alternate name(s): Jos Rizal
Date of birth:
June 19, 1861
Place of birth:
Calamba, Laguna, Philippines
Date of death:
December 30, 1896 (aged 35)
Bagumbayan (now Rizal Park), Manila,
Place of death:
Philippines
Major
La Solidaridad, La Liga Filipina
organizations:
Major monuments: Rizal Park
Dr. Jos P. Rizal (full name: Jos Protasio Rizal Mercado y Alonso Realonda) (June
19, 1861 December 30, 1896) was a Filipino polymath, nationalist and the most
prominent advocate for reforms in the Philippines during the Spanish colonial era. He is
considered the Philippines' national hero and the anniversary of Rizal's death is
commemorated as a Philippine holiday called Rizal Day. Rizal's 1896 military trial and
execution made him a martyr of the Philippine Revolution.

The seventh of eleven children born to a middle-class family in the town of


Calamba, Laguna, Rizal attended the Ateneo Municipal de Manila, earning a
Bachelor of Arts degree sobresaliente.
He enrolled in the University of Santo Tomas Faculty of Medicine and Surgery
and the University of Santo Tomas Faculty of Philosophy and Letters and then
traveled alone to Madrid, Spain, where he studied medicine at the Universidad
Central de Madrid, earning the degree of Licentiate in Medicine.

He attended the University of Paris and earned a second doctorate at the


University of Heidelberg. Rizal was a polyglot conversant in at least ten
languages.

He was a prolific poet, essayist, diarist, correspondent, and novelist whose most
famous works were his two novels, Noli me Tangere and El Filibusterismo. These
are social commentaries on the Philippines that formed the nucleus of literature
that inspired dissent among peaceful reformists and spurred the militancy of
armed revolutionaries against 333 years of Spanish rule.

As a political figure, Rizal was the founder of La Liga Filipina, a civic organization
that subsequently gave birth to the Katipunan led by Andres Bonifacio and Emilio
Aguinaldo.

He was a proponent of institutional reforms by peaceful means rather than by


violent revolution.

Family

Jos Rizal's parents, Francisco Engracio Rizal Mercado y Alejandra II (18181898)[7] and Teodora Morales Alonso Realonda y Quintos (1827-1911), were
prosperous farmers who were granted lease of a hacienda and an accompanying
rice farm by the Dominicans.
Rizal was the seventh child of their eleven children namely: Saturnina (18501913), Paciano (1851-1930), Narcisa (1852-1939), Olympia (1855-1887), Lucia

10

(1857-1919), Maria (1859-1945), Jos Protasio (1861-1896), Concepcion


(1862-1865), Josefa (1865-1945), Trinidad (1868-1951) and Soledad (18701929).

Rizal was a 6th-generation patrilineal descendant of Domingo Lam-co (Chinese:


; pinyin: Ke Yinan), a Chinese immigrant entrepreneur who sailed to the
Philippines from Jinjiang, Quanzhou in the mid-17th century.

Lam-co married Inez de la Rosa, a Sangley native of Luzon. To free his


descendants from the anti-Chinese animosity of the Spanish authorities, Lam-co
changed the family surname to the Spanish surname "Mercado" (market) to
indicate their Chinese merchant roots.

In 1849, Governor-General Narciso Claveria ordered all Filipino families to


choose new surnames from a list of Spanish family names. Jos's father
Francisco[7] adopted the surname "Rizal" (originally Ricial, the green of young
growth or green fields), which was suggested to him by a provincial governor, or
as Jos had described him, "a friend of the family".

However, the name change caused confusion in the business affairs of


Francisco, most of which were begun under the old name.

After a few years, he settled on the name "Rizal Mercado" as a compromise, but
usually just used the original surname "Mercado".

Upon enrolling at the Ateneo Municipal de Manila, Jos dropped the last three
names that make up his full name, at the advice of his brother, Paciano Rizal
Mercado, and the Rizal Mercado family, thus rendering his name as "Jos
Protasio Rizal".

Of this, Rizal writes: "My family never paid much attention [to our second
surname Rizal], but now I had to use it, thus giving me the appearance of an
illegitimate child!"

This was to enable him to travel freely and disassociate him from his brother,
who had gained notoriety with his earlier links with Filipino priests who were
sentenced to death as subversives. From early childhood, Jos and Paciano
were already advancing unheard-of political ideas of freedom and individual
rights which infuriated the authorities.

Despite the name change, Jose, as "Rizal" soon distinguishes himself in poetry
writing contests, impressing his professors with his facility with Castilian and
other foreign languages, and later, in writing essays that are critical of the
Spanish historical accounts of the pre-colonial Philippine societies. Indeed, by
1891, the year he finished his El Filibusterismo, this second surname had
become so well known that, as he writes to another friend, "All my family now
carry the name Rizal instead of Mercado because the name Rizal means
persecution! Good! I too want to join them and be worthy of this family name..." [12]
Jos became the focal point by which the family became known, at least from the
point of view of colonial authorities.

Education

Rizal first studied under the tutelage of Justiniano Aquino Cruz in Bian, Laguna.
He was sent to Manila and enrolled at the Ateneo Municipal de Manila. He
received his Bachelor of Arts in 1877 and graduated as one of the nine students
in his class declared sobresaliente or outstanding.

He continued his education at the Ateneo Municipal de Manila to obtain a land


surveyor and assessor's degree, and at the same time at the University of Santo
Tomas Faculty of Philosophy and Letters where he studied Philosophy and
Letters.

Upon learning that his mother was going blind, he decided to study medicine
specializing in ophthalmology at the University of Santo Tomas Faculty of

11

Medicine and Surgery but did not complete the program claiming discrimination
made by the Spanish Dominican friars against the Filipino students.

Without his parents' knowledge and consent, but secretly supported by his
brother Paciano, he traveled alone to Europe: Madrid in May 1882 and studied
medicine at the Universidad Central de Madrid where he earned the degree,
Licentiate in Medicine.

His education continued at the University of Paris and the University of


Heidelberg where he earned a second doctorate.

At Heidelberg, the 25-year-old Rizal, completed in 1887 his eye specialization


under the renowned Prof. Otto Becker.

Rizal's multifacetedness was described by his German friend, Dr. Adolf Meyer, as
"stupendous." Documented studies show him to be a polymath with the ability to
master various skills and subjects.

He was an ophthalmologist, sculptor, painter, educator, farmer, historian,


playwright and journalist. Besides poetry and creative writing, he dabbled, with
varying degrees of expertise, in architecture, cartography, economics, ethnology,
anthropology, sociology, dramatics, martial arts, fencing and pistol shooting. He
was a Freemason.

Rizal's romantic attachments

Rizal's life is one of the most documented of the 19th century due to the vast and
extensive records written by and about him.
Most everything in his short life is recorded somewhere, being himself a regular
diarist and prolific letter writer, much of these material having survived.

His biographers, however, have faced the difficulty of translating his writings
because of Rizal's habit of switching from one language to another. They drew
largely from his travel diaries with their insights of a young Asian encountering
the west for the first time.

They included his later trips, home and back again to Europe through Japan and
the United States, and, finally, through his self-imposed exile in Hong Kong. This
period of his education and his frenetic pursuit of life included his recorded
affections. Among them were Gertrude Becket of Chalcot Crescent (London),
wealthy and high-minded Nelly Boustead of the English and Iberian merchant
family, last descendant of a noble Japanese family Usui Seiko, his earlier
friendship with Segunda Katigbak and eight-year romantic relationship with his
first cousin, Leonor Rivera.

Wherever Rizal traveled, his romance with women is legendary.

Historians write of Rizal's dozen women, even if only nine were identified:
Segunda Katigbak, Leonor Valenzuela, Leonor Rivera, Filipinas, and Consuelo
Ortiga, Spanish; O-Sei-San, Japanese; Gertrude Beckett, English; Nellie
Boustead, French; Suzanna Jacoby, Belgian and; Josephine Bracken, the 18year-old Irish.

Writings

Jos Rizal's most famous works were his two novels, Noli me Tangere and El
Filibusterismo.
These writings angered both the Spaniards and the hispanicized Filipinos due to
their insulting symbolism.
They are highly critical of Spanish friars and the atrocities committed in the name
of the Church. Rizal's first critic was Ferdinand Blumentritt, a Sudetan-German
professor and historian whose first reaction was of misgiving.

12

Noli was published in Berlin (1887) and Fili in Ghent (1891) with funds borrowed
largely from Rizal's friends.

As Blumentritt had warned, these led to Rizal's prosecution as the inciter of


revolution and eventually, to a military trial and execution.

As leader of the reform movement of Filipino students in Spain, he contributed


essays, allegories, poems, and editorials to the Spanish newspaper La
Solidaridad in Barcelona.

The core of his writings centers on liberal and progressive ideas of individual
rights and freedom; specifically, rights for the Filipino people.

He shared the same sentiments with members of the movement: that the
Philippines is battling, in Rizal's own words, "a double-faced Goliath"--corrupt
friars and bad government. His commentaries reiterate the following agenda:

That the Philippines be a province of Spain


Representation in the Cortes
Filipino priests instead of Spanish friars--Augustinians, Dominicans, and
Franciscans--in parishes and remote sitios
Freedom of assembly and speech
Equal rights before the law (for both Filipino and Spanish plaintiffs)

The colonial authorities in the Philippines did not favor these reforms even if they were
more openly endorsed by Spanish intellectuals like Morayta, Unamuno, Margall and
others.
Upon his return to Manila in 1892, he formed a civic movement called La Liga Filipina.
The league advocated these moderate social reforms through legal means, but was
disbanded by the governor. At that time, he had already been declared an enemy of the
state by the Spanish authorities because of the publication of his novels.
Persecutions

After writing Noli me Tangere, among the numerous other poems, plays and
tracts he had already written, he gained further notoriety with the Spaniards.
Against the advice of relatives and friends, he came back to the Philippines to aid
his family which was in dispute with the Dominican landlords.

In 1887, he wrote a petition on behal Wenceslao Retana, a political commentator


in Spain, had slighted Rizal by a reference to his parents and promptly
apologized after being challenged to a duel.

Aware that Rizal was a better swordsman, he issued an apology, became an


admirer, and wrote Rizal's first European biography.

Memory as a ten-year old of his mother's treatment at the hands of the civil
authorities, with the approval of the Church prelates, hurt so much as to explain
his reaction to Retana.

The incident stemmed from an accusation that Rizal's mother, Teodora, tried to
poison the wife of a cousin when she claimed she only intervened to help.
Without a hearing she was ordered to prison in Santa Cruz in 1871, and made to
walk the ten miles (16 km) from Calamba.

She was released after two and a half years of appeals to the highest court.[1] f of
the tenants of Calamba and later that year led them to speak out against friar
attempts to raise rent.

They initiated a litigation which resulted in the Dominicans evicting them from
their homes, including the Rizal family. Eventually, General Valeriano Weyler had
the buildings on the farm torn down.

13

In 1896 while Rizal was in prison in Fort Santiago, his brother Paciano was
tortured by Spaniards trying to extract evidence of Jose's complicity in the
revolution.

Exile in Dapitan

Rizal was implicated in the activities of the nascent rebellion and in July 1892,
was deported to Dapitan in the province of Zamboanga.
There he built a school, a hospital and a water supply system, and taught and
engaged in farming and horticulture.

Abaca, then the vital raw material for cordage and which Rizal and his students
planted in the thousands, was a memorial.

The boys' school, in which they learned English, considered a prescient if weird
option then, was conceived by Rizal and antedated Gordonstoun with its aims of
inculcating resourcefulness and self sufficiency in young men.[

They would later enjoy successful lives as farmers and honest government
officials.

One, a Muslim, became a datu, and another, Jose Aseniero, who was with Rizal
throughout the life of the school, became Governor of Zamboanga.]

In Dapitan, the Jesuits mounted a great effort to secure his return to the fold led
by Father Sanchez, his former professor, who failed in his mission. The task was
resumed by Father Pastells, a prominent member of the Order. In a letter to
Pastells, Rizal sails close to the ecumenism familiar to us today.

His best friend, Ferdinand Blumentritt, kept him in touch with European friends
and fellow-scientists who wrote a stream of letters which arrived in Dutch,
French, German and English and which baffled the censors, delaying their
transmittal.

Those four years of his exile coincided with the development of the Philippine
Revolution from inception and to its final breakout, which, from the viewpoint of
the court which was to try him, suggested his complicity in it.

He condemned the uprising, although all the members of the Katipunan made
him honorary president and used his name as a war-cry.

Near the end of his exile he met and courted the stepdaughter of a patient, an
Irishwoman named Josephine Bracken.

He was unable to obtain an ecclesiastical marriage because he would not return


to the religion of his youth and was not known to be clearly against revolution. He
nonetheless considered Josephine to be his wife and the only person mentioned
in the poem, Farewell, sweet stranger, my friend, my joy...

Last days

By 1896, the rebellion fomented by the Katipunan, a militant secret society, had
become a full blown revolution, proving to be a nationwide uprising and leading
to the first proclamation of a democratic republic in Asia.
To dissociate himself, Rizal volunteered and was given leave by the Spanish
Governor General Ramon Blanco to serve in Cuba to minister to victims of yellow
fever. Blanco later was to present his sash and sword to the Rizal family as an
apology.

Before he left Dapitan, he issued a manifesto disavowing the revolution and


declaring that the education of Filipinos and their achievement of a national
identity were prerequisites to freedom.

Rizal was arrested en route, imprisoned in Barcelona, and sent back to Manila to
stand trial.

14

He was implicated in the revolution through his association with members of the
Katipunan and was to be tried before a court-martial for rebellion, sedition, and
conspiracy.

During the entire passage, he was unchained, no Spaniard laid a hand on him,
and had many opportunities to escape but refused to do so.

Rizal was convicted on all three charges and sentenced to death. Governor
General Blanco, who was sympathetic to Rizal, had been forced out of office,
and the friars had intercalated Polavieja in his stead, sealing Rizal's fate.

His poem, undated and believed to be written on the day before his execution,
was hidden in an alcohol stove and later handed to his family with his few
remaining possessions, including the final letters and his last bequests.

Within hearing of the Spanish guards he reminded his sisters in English, "There
is something inside it," referring to the alcohol stove given by the Pardo de
Taveras which was to be returned after his execution, thereby emphasizing the
importance of the poem. This instruction was followed by another, "Look in my
shoes," in which another item was secreted. Exhumation of his remains in
August, 1898, under American rule, revealed he had been uncoffined, his burial
not on sanctified ground granted the 'confessed' faithful, and whatever was in his
shoes had disintegrated.

In his final letter, to the Sudeten-German professor Ferdinand Blumentritt Tomorrow at 7, I shall be shot; but I am innocent of the crime of rebellion... [20] He
had to reassure him that he had not turned revolutionary as he once considered
being, and that he shared his ideals to the very end. He also bequeathed a book
personally bound by him in Dapitan to his 'best and dearest friend.' When
Blumentritt received it he broke down and wept.

Execution

Moments before his execution by a firing squad of Filipino native infantry, backed
by an insurance force of Spanish troops, the Spanish surgeon general requested
to take his pulse; it was normal. Aware of this, the Spanish sergeant in charge of
the backup force hushed his men to silence when they began raising 'vivas!' with
the partisan crowd. His last words were that of Jesus Christ: "consummatum
est",--it is done.
He was secretly buried in Paco Cemetery in Manila with no identification on his
grave. His sister Narcisa toured all possible gravesites and found freshly turned
earth at the cemetery with civil guards posted at the gate. Assuming this could be
the most likely spot, there being ever no ground burials there, she made a gift to
the caretaker to mark the site "RPJ."

"Mi ltimo adis"

The poem is more aptly titled, "Adis, Patria Adorada" (literally "Farewell,
Beloved Country").
By virtue of logic and literary tradition, the words come from the first line of the
poem itself.

It first appeared in print not in Manila but in Hong Kong in 1897, when a copy of
the poem and an accompanying photograph came to J. P. Braga who decided to
publish it in a monthly journal he edited.

There was a delay when Braga, who greatly admired Rizal, wanted a good job of
the photograph and sent it to be engraved in London, a process taking well over
two months. It finally appeared under 'Mi ltimo pensamiento,' a title he supplied
and by which it was known for a few years. Thus, when the Jesuit Father
Balaguer's anonymous account of the retraction and the marriage to Josephine
was appearing in Barcelona, no word of the poem's existence reached him in
time to revise what he had written. His account was too elaborate that Rizal
would have had no time to write "Adis."

15

Six years after his death, when the Philippine Organic Act of 1902 was being
debated in the United States Congress, Representative Henry Cooper of
Wisconsin rendered an English translation of Rizal's valedictory poem capped by
the peroration, "Under what clime or what skies has tyranny claimed a nobler
victim?" The Americans, however, would not sign the bill into law until 1916 and
did not grant full autonomy until 1946--fifty years after Rizal's death.

Josephine Bracken

Josephine Bracken promptly joined the revolutionary forces in Cavite province,


making her way through thicket and mud, and helped operate a reloading jig for
Mauser cartridges at the arsenal at Imus.
The short-lived arsenal under the Revolutionary General Pantaleon Garcia had
been reloading spent cartridges again and again and the reloading jig was in
continuous use, but Imus was under threat of recapture that the operation had to
move, with Josephine, to Maragondon, the mountain redoubt in Cavite. She
witnessed the Tejeros Convention prior to returning to Manila and was
summoned by the Governor-General, but owing to her stepfather's American
citizenship she could not be forcibly deported. She left voluntarily, returning to
Hong Kong. She later married another Filipino, Vicente Abad, a mestizo acting as
agent for the Philippine firm of Tabacalera. She died in Hong Kong in 1902, a
pauper's death, buried in an unknown grave, and never knew how a line of verse
had rendered her immortal..
She bore a stillborn child with Rizal, Francisco Rizal y Bracken, who was buried
in Dapitan, Mindanao.

Legacy

Rizal's advocacy of institutional reforms by peaceful means rather than by violent


revolution makes him Asia's first modern non-violent proponent of political
reforms.
Forerunner of Gandhi and contemporary of Tagore and Sun Yat Sen, all four
created a new climate of thought throughout Asia, leading to the attrition of
colonialism and the emergence of new Asiatic nations by the end of World War II.

Rizal's appearance on the scene came at a time when European colonial power
had been growing and spreading, mostly motivated by trade, some for the
purpose of bringing Western forms of government and education to peoples
regarded as backward.

Coinciding with the appearance of those other leaders, Rizal from an early age
had been enunciating in poems, tracts and plays, ideas all his own of modern
nationhood as a practical possibility in Asia.

In the Noli he stated that if European civilization had nothing better to offer,
colonialism in Asia was doomed.

Such was recognized by Gandhi who regarded him as a forerunner in the cause
of freedom. Jawaharlal Nehru, in his prison letters to his daughter Indira,
acknowledged Rizal's significant contributions in the Asian freedom movement.
These leaders regarded these contributions as keystones and acknowledged
Rizal's role in the movement as foundation layer.

Rizal, through his reading of Morga and other western historians, knew of the
genial image of Spain's early relations with his people.

In his writings, he showed the disparity between the early colonialists and those
of his day, with the latter's atrocities giving rise to Gomburza and the Philippine
Revolution of 1896.

His biographer, Austin Coates, and writer, Benedict Anderson, believe that Rizal
gave the Philippine revolution a genuinely national character; and that Rizal's
patriotism and his standing as one of Asia's first intellectuals have inspired others
of the importance of a national identity to nation-building.

16

Although his field of action lay in politics, Rizal's real interests lay in the arts and
sciences, in literature and in his profession as an ophthalmologist. Shortly after
his death, the Anthropological Society of Berlin met to honor him with a reading
of a German translation of his farewell poem and Dr. Rudolf Virchow delivering
the eulogy.]

The Taft Commission in June 1901 approved Act 137 renaming the District of
Morong into the Province of Rizal, and Act 346 authorizing a government
subscription for the erection of a national monument in Rizal's honor. Republic
Act 1425 was passed in 1956 by the Philippine legislature that would include in
all high school and college curricula a course in the study of his life, works and
writings.

The wide acceptance of Rizal is partly evidenced by the countless towns, streets,
and numerous parks in the Philippines named in his honor. Monuments in his
honor were erected in Madrid, Spain, Wilhelmsfeld, Germany, Jinjiang, Fujian,
China,

Tribute to Jose Rizal, at the Asian Civilizations Museum Green near the
Cavenagh Bridge in Singapore

Chicago, Cherry Hill Township, New Jersey, San Diego, and Seattle, U.S.A., and
many poetic titles were bestowed on him: "Pride of the Malay Race," "the First
Filipino", "Greatest Man of the Brown Race," among others. The Order of the
Knights of Rizal, a civic and patriotic organization, boasts of dozens of chapters
all over the globe. There are some remote-area religious sects who claim him as
a sublimation of Christ.

On 19 June 2008, a prominent bronze bust relief of Rizal, dubbed "the great
Malayan", was unveiled by the President of Singapore Mr S.R. Nathan and the
Philippine Department of Education Secretary Jesli Lapus at the Asian
Civilizations Museum Green.

The two-sided marker bears a picture of a painting of Rizal by Fabian de la Rosa


on one side. The other side was a bronze relief of Rizal by Philippine national
artist Guillermo Tolentino, fabricated by Peter de Guzman. This artwork serves to
mark the visits (1882, 1887, 1891,1896) of Rizal to Singapore.

Constitution of the Philippines

The Constitution of the Philippines (Saligang Batas ng Pilipinas in Filipino) is


the supreme law of the Philippines.
The Constitution currently in effect was enacted in 1987, during the
administration of President Corazon Aquino, and is popularly known as the
"1987 Constitution".

Philippine constitutional law experts recognize three other previous


constitutions as having effectively governed the country the 1935
Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution.

Constitutions for the Philippines were also drafted and adopted during the shortlived governments of Presidents Emilio Aguinaldo (1898) and Jose P. Laurel
(1943).

Background of the 1987 Constitution

In 1986, following the People Power Revolution which ousted Ferdinand Marcos
as president, and following on her own inauguration, Corazon Aquino issued
Proclamation No. 3, declaring a national policy to implement the reforms
mandated by the people, protecting their basic rights, adopting a provisional
constitution, and providing for an orderly translation to a government under a new
constitution.

17

President Aquino later issued Proclamation No. 9, creating a Constitutional


Commission (popularly abbreviated "ConCom" in the Philippines) to frame a new
constitution to replace the 1973 Constitution which took effect during the martial
law regime imposed by her predecessor.

President Aquino appointed 50 members to the Commission. The members of


the Commission were drawn from varied backgrounds, including several former
senators and congressmen, a former Supreme Court Chief Justice (Roberto
Concepcion), a Catholic bishop (Teodoro Bacani) and a noted film director (Lino
Brocka). President Aquino also deliberately appointed 5 members, including
former Labor Minister Blas Ople, who had been allied with President Marcos until
the latter's ouster. After the Commission had convened, it elected as its president
Cecilia Munoz Palma, who had emerged as a leading figure in the anti-Marcos
opposition following her retirement as the first female Associate Justice of the
Supreme Court .

The Commission finished the draft charter within four months after it was
convened. Several issues were heatedly debated during the sessions, including
on the form of government to adopt, the abolition of the death penalty, the
continued retention of the Clark and Subic American military bases, and the
integration of economic policies into the Constitution.

The ConCom completed their task on October 12, 1986 and presented the draft
constitution to President Aquino on October 15, 1986.

After a period of nationwide information campaign, a plebiscite for its ratification


was held on February 2, 1987.

More than three-fourth of all votes cast, 76.37% (or 17,059,495 voters) favored
ratification as against 22.65% (or 5,058,714 voters) who voted against
ratification.

On February 11, 1987, the new constitution was proclaimed ratified and took
effect. On that same day, President Aquino, the other government officials, and
the Armed Forces of the Philippines pledged allegiance to the Constitution.

Preamble of the 1987 Constitution


The Preamble reads:

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop
our patrimony and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.

Significant Features of the 1987 Constitution

The Constitution establishes the Philippines as a "democratic and republican


State", where "sovereignty resides in the people and all government authority
emanates from them".
(Section 1, Article II) Consistent with the doctrine of separation of powers, the
powers of the national government are exercised in main by three branches
the executive branch headed by the President, the legislative branch composed
of Congress and the judicial branch with the Supreme Court occupying the
highest tier of the judiciary.
The President and the members of Congress are directly elected by the people,
while the members of the Supreme Court are appointed by the President from a
list formed by the Judicial and Bar Council.

18

As with the American system of government, it is Congress which enacts the


laws, subject to the veto power of the President which may nonetheless be
overturned by a two-thirds vote of Congress (Section 27(1), Article VI).

The President has the constitutional duty to ensure the faithful execution of the
laws (Section 17, Article VII), while the courts are expressly granted the power of
judicial review (Section 1, Article VIII), including the power to nullify or interpret
laws.

The President is also recognized as the commander-in-chief of the armed forces


(Section 18, Article VII).

The Constitution also establishes limited political autonomy to the local


government units that act as the municipal governments for provinces, cities,
municipalities, and barangays.

(Section 1, Article X) Local governments are generally considered as falling


under the executive branch, yet local legislation requires enactment by duly
elected local legislative bodies.

The Constitution (Section 3, Article X) mandated that the Congress would enact a
Local Government Code. The Congress duly enacted Republic Act No. 7160,
The Local Government Code of 1991, which became effective on 1 January
1992.[5]

The Supreme Court has noted that the Bill of Rights "occupies a position of
primacy in the fundamental law".

The Bill of Rights, contained in Article III, enumerates the specific protections
against State power. Many of these guarantees are similar to those provided in
the American constitution and other democratic constitutions, including the due
process and equal protection clause, the right against unwarranted searches and
seizures, the right to free speech and the free exercise of religion, the right
against self-incrimination, and the right to habeas corpus.

Outside of the Bill of Rights, the Constitution also contains several other
provisions enumerating various state policies including, i.e., the affirmation of
labor "as a primary social economic force" (Section 14, Article II); the equal
protection of "the life of the mother and the life of the unborn from conception"
(Section 12, Article II); the "Filipino family as the foundation of the nation" (Article
XV, Section 1); the recognition of Filipino as "the national language of the
Philippines" (Section 6, Article XIV), and even a requirement that "all educational
institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV)
Whether these provisions may, by themselves, be the source of enforceable
rights without accompanying legislation has been the subject of considerable
debate in the legal sphere and within the Supreme Court. The Court, for
example, has ruled that a provision requiring that the State "guarantee equal
access to opportunities to public service" could not be enforced without
accompanying legislation, and thus could not bar the disallowance of so-called
"nuisance candidates" in presidential elections.[7] But in another case, the Court
held that a provision requiring that the State "protect and advance the right of the
people to a balanced and healthful ecology" did not require implementing
legislation to become the source of operative rights.

Historical constitutions
Malolos Congress

It is known as the Constitucin poltica de Malolos and it was written in


Spanish. Following the declaration of independence from Spain, 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 has exclusive sovereignty.

19

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

The Malolos Constitution established Spanish as the official language of the


Philippines.

The Preamble reads:

"Nosotros los Representantes del Pueblo Filipino, convocados legtimamente


para establecer la justicia, proveer a la defensa comn, promover el bien
general y asegurar los beneficios de la libertad, implorando el auxili del
Soberano Legislador del Universo para alcanzar estos fines, hemos votado,
decretado y sancionado la siguiente"

(We, the Representatives of the Filipino people, lawfully covened, in order to


establish justice, provide for common defense, promote the general welfare, and
insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have voted, decreed, and sanctioned
the following)
Commonwealth and Third Republic (1935)
Constitution of the Philippines (1935)

The 1935 Constitution was written in 1934, approved and adopted by the
Commonwealth of the Philippines (1935-1946) and later used by the Third
Republic of the Philippines (1946-1972).
It was written with an eye to meeting the approval of the United States
Government as well, so as to ensure that the U.S. would live up to its promise to
grant the Philippines independence and not have a premise to hold onto its
"possession" on the grounds that it was too politically immature and hence
unready for full, real independence.

The Preamble reads:

"The Filipino people, imploring the aid of Divine Providence, in order to


establish a government that shall embody their ideals, conserve and develop
the 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."

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.

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

A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution.

The convention was stained with manifest bribery and corruption.

Possibly the most controversial issue was removing the presidential term limit so
that Ferdinand E. Marcos could seek election for a third term, which many felt
was the true reason for which the convention was called. In any case, the 1935
Constitution was suspended in 1972 with Marcos' proclamation of martial law, the
rampant corruption of the constitutional process providing him with one of his
major premises for doing so.

20

Second Republic (1943)

The 1943 Constitution was 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. In mid-1942 Japanese Premier Hideki Tojo had promised
the Filipinos "the honor of independence" which meant that the commission
would be supplanted by a formal republic.
The Preparatory Committee for Philippine Independence tasked with drafting a
new constitution was composed in large part, of members of the prewar National
Assembly and of individuals with experience as delegates to the convention that
had drafted the 1935 Constitution.

Their draft for the republic to be established under the Japanese Occupation,
however, would be limited in duration, provide for indirect, instead of direct,
legislative elections, and an even stronger executive branch.

Upon approval of the draft by the Committee, the new charter was ratified in
1943 by an assembly of appointed, provincial representatives of the Kalibapi, the
organization established by the Japanese to supplant all previous political
parties.

Upon ratification by the Kalibapi assembly, the Second Republic was formally
proclaimed (1943-1945). Jos P. Laurel was appointed as President by the
National Assembly and inaugurated into office in October of 1943.

Laurel was highly regarded by the Japanese for having openly criticised the US
for the way they ran the Philippines and because he had a degree from Tokyo
International University.

The 1943 Constitution remained in force in Japanese-controlled areas of the


Philippines, but was never recognized as legitimate or binding by the
governments of the United States or of the Commonwealth of the Philippines and
guerrilla organizations loyal to them. In late 1944, President Laurel declared a
state of war existed with the United States and the British Empire and proclaimed
martial law, essentially ruling by decree. His government in turn went into exile in
December, 1944, first to Taiwan and then Japan. After the announcement of
Japan's surrender, Laurel formally proclaimed the Second Republic as dissolved.

The Preamble reads:

"The Filipino people, imploring the aid of Divine Providence and desiring to
lead a free national existence, do hereby proclaim their independence, and in
order to establish a government that shall promote the general welfare,
conserve and develop the patrimony of the Nation, and contribute to the
creation of a world order based on peace, liberty, and moral justice, do ordain
this Constitution."

The 1943 Constitution provided strong executive powers. 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.
The New Society and the Fourth Republic (1973)

The 1973 Constitution, promulgated after Marcos' declaration of martial law,


introduced a parliamentary-style government. Legislative power was vested in a
National Assembly whose members were elected for six-year terms.
The President was elected as the symbolic head of 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 election, the President ceased to be a member of the National Assembly.
During his term, the President was not allowed to be a member of a political party
or hold any other office. Executive power was exercised by the Prime Minister
who was also elected from the Members of the National Assembly.
21

The Prime Minister was the head of government and Commander-in-Chief of the
armed forces. This constitution was subsequently amended four times (arguably
five depending on how one considers Proclamation No. 3 of 1986).
The 1973 Constitution was amended in 1976 to allow the incumbent president to
hold the position of prime minister and president simultaneously and to exercise
legislative powers as well. This allowed Marcos to further consolidate his power.
A minor amendment in 1980 changed the retiring age of judges from 65 to 70
years of age.
Amendments were done again in 1981 which established a semi-parliamentary or
(semi-presidential) form of government with a president elected by direct vote of
the people.
Additionally, executive power was transferred back to the President (who was
now the Chief Executive) and the position of Prime Minister was reduced to a
minor position. Additionally, the 1981 amendments created an Executive
Committee. Marcos (at least on paper), claimed the end of martial law at about
this time and conducted (highly questionable) elections, which he unsurprisingly
"won".
The last amendments in 1984 abolished the Executive Committee and restored the
position of Vice-President (which did not exist in the original, unamended 1973
Constitution).
Following the EDSA People Power Revolution that removed President Ferdinand
E. Marcos from office, the new President, Corazon C. Aquino issued
Proclamation No. 3 and the adoption of a provisional constitution that would
prepare for the next constitution which became the 1987 constitution.
Presidential Proclamation No. 3, nicknamed the 1986 Freedom Constitution was
the most far reaching set of amendments to the 1973 constitution that it was
almost a constitution in its own right.

The Constitutional Mandate


The 1987 Constitution of the Philippines, as in past constitutions, vested the power of
government on the legislative, executive, and the judiciary.
The Legislative Power is vested in the Congress of the Philippines which shall consist
of a Senate and a House of Representatives, except to the extent reserved to the people
by the provision on initiative and referendum.
The Executive Power is vested in the President of the Philippines, and;
The Judicial Power is vested in one Supreme Court and in such lower courts as may be
established by law.
The Constitution provides that the House of Representatives shall be composed of not
more than two hundred and fifty (250) members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the provinces, cities, and
the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations. The party-list representatives shall
constitute twenty per cent (20%) of the total number of representatives including those
under the party list.
A Member of the House of Representatives should be a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five (25) years of age, able
to read and write, and, except the party list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof for a period of not less than
one year immediately proceeding the day of the election.
The Members of the House of Representatives shall be elected for a term of three years,
and shall serve for no more than three consecutive terms.
Brief History of the Philippine Congress
Evolution of the Philippine Legislative System

22

The Philippine legislative system has undergone a series of evolutions that reflected the
sociopolitical conditions of the times and the level of political maturity of society.
It began with the unicameral Malolos Congress of the short-lived Philippine Republic of
1898-1899, followed by the Philippine Commission of 1901, a colonial legislative system
composed of all-American appointees. This body then evolved into a bicameral,
predominantly elective, Filipino-controlled legislature by virtue of the Jones Act of 1916,
and lasted until November 1935 when the semi-independent Commonwealth
Government was inaugurated. A unicameral National Assembly replaced the bicameral
body after the 1935 Philippine Constitution was ratified. In 1941, the Constitution was
amended, again restoring the bicameral legislature that came to be called the Congress
of the Philippines.
Except during the Japanese-sponsored Philippine Republic from 1942-1945, the
Congress functioned as the national legislature until September 1972 when President
Ferdinand E. Marcos placed the country under martial law.
The Batasang Pambansa - A Unicameral Legislature 2
When martial law was declared, the Constitutional Convention, by virtue of an Act of
Congress in 1971, was in the process of drafting a new Constitution. The final draft was
adopted by the Convention on November 29, 1972. This was ratified and proclaimed by
President Marcos on January 17, 1973 amidst widespread protest and controversy. With
the proclamation of a new Constitution, the presidential form of government was
changed to a modified parliamentary form. Congress was abolished and was replaced
by an elected unicameral National Assembly, known as Batasang Pambansa.
The Batasang Pambansa was made up of a maximum of 200 Members elected from
different provinces with their component cities, highly urbanized cities and districts of
Metropolitan Manila, appointed representatives from various sectors such as the youth,
agricultural and industrial labor sectors, and those chosen by the President from the
members of the Cabinet. The Members had a term of six years.
The Present Philippine Congress
The February 1986 Revolution People Power Revolution 3
The world-famed bloodless coup of February 22-25, 1986 ushered in a new political
regime. President Corazon Aquino, backed by a coalition of forces from both ends of the
political spectrum, forged a new government, triggering a chain of events that
dramatically changed the political landscape of the country and signalled the rebirth of
democracy. These political changes were: the abolition of the Batasang Pambansa
following the proclamation of a new revolutionary government; the organization of a
Constitutional Commission that drafted a new charter which, in turn, was ratified in
February 1987; the rebirth of the old bicameral system; and the election of Members to
the new Congress.
The New Congress 4
The new Congress has the biggest membership and is probably the most powerful
among its predecessor legislatures. The Constitutional Commission (ConCom) clothed it
with vast powers to perform a wider and more dynamic role. This fact is partly reflected
in the Charter itself, which devotes 32 sections to the legislative department compared
with only 23 for the executive and 16 for the judicial departments.
The new bicameral Congress consists of the Senate and the House of Representatives.
The upper chamber or the Senate is composed of 24 Members elected at-large by the
qualified voters of the Philippines. On the other hand, the lower chamber or the House of
Representatives is composed of "not more than 250 Members, who are elected from
legislative districts apportioned among the provinces, cities and the Metropolitan Manila
area in accordance with the number of inhabitants, and on the basis of a uniform and
progressive ratio and those, as provided by law, elected through a party-list system of
registered national, regional and sectoral parties or organizations". [Sec. 5(1), Art. VI,
1987 Philippine Constitution]
Sources:
1
Velasco, R. and Sylvano, M., The Philippine Legislative Reader, (1989), p. 41.

23

Ibid, pp. 43-44.


Abletez, J., Foundations of Freedom (A History of Philippine Congresses), 1989, pp.
82-85.
4
Ibid.
3

How a Bill Becomes a Law


House Rule X: Bills, Resolutions, Messages, Memorials and Petitions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Preparation of the bill


First reading
Committee consideration / action
Second reading
Third reading
Transmittal of the approved bill to the Senate
Senate action on approved bill of the House
Conference committee
Transmittal of the bill to the President
Presidential action on the bill
Action on approved bill
Action on vetoed bill

PREPARATION OF THE BILL


The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts the bill upon the Member's request.
FIRST READING
1.
The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.
2.
Three days after its filing, the same is included in the Order of Business for First
Reading.
3.
On First Reading, the Secretary General reads the title and number of the bill.
The Speaker refers the bill to the appropriate Committee/s.
COMMITTEE CONSIDERATION/ACTION
1.
The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time
thereof, issues public notics and invites resource persons from the public and
private sectors, the academe and experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for
Committee discussion/s.
2.
Based on the result of the public hearings or Committee discussions, the
Committee may introduce amendments, consolidate bills on the same subject
matter, or propose a subsitute bill. It then prepares the corresponding committee
report.
3.
The Committee approves the Committee Report and formally transmits the same
to the Plenary Affairs Bureau.
SECOND READING
1.
The Committee Report is registered and numbered by the Bills and Index
Service. It is included in the Order of Business and referred to the Committee on
Rules.
2.
The Committee on Rules schedules the bill for consideration on Second
Reading.
3.
On Second Reading, the Secretary General reads the number, title and text of
the bill and the following takes place:
a.
Period of Sponsorship and Debate
b.
Period of Amendments
c.
Voting which may be by:
i.
viva voce
ii.
count by tellers
iii.
division of the House; or
iv.
nominal voting
THIRD READING

24

1.

The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.
2.
The engrossed bill is included in the Calendar of Bills for Third Reading and
copies of the same are distributed to all the Members three days before its Third
Reading.
3.
On Third Reading, the Secretary General reads only the number and title of the
bill.
4.
A roll call or nominal voting is called and a Member, if he desires, is given three
minutes to explain his vote. No amendment on the bill is allowed at this stage.
a.
The bill is approved by an affirmative vote of a majority of the Members
present.
b.
If the bill is disapproved, the same is transmitted to the Archives.
TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
The approved bill is transmitted to the Senate for its concurrence.
SENATE ACTION ON APPROVED BILL OF THE HOUSE
The bill undergoes the same legislative process in the Senate.
CONFERENCE COMMITTEE
1.
A Conference Committee is constituted and is composed of Members from each
House of Congress to settle, reconcile or thresh out differences or disagreements on
any provision of the bill.
2.
The conferees are not limited to reconciling the differences in the bill but may
introduce new provisions germane to the subject matter or may report out an entirely
new bill on the subject.
3.
The Conference Committee prepares a report to be signed by all the conferees
and the Chairman.
4.
The Conference Committee Report is submitted for consideration/approval of
both Houses. No amendment is allowed.
TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of
Representatives and certified by both the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.
PRESIDENTIAL ACTION ON THE BILL
1.
If the bill is approved the President, the same is assigned an RA number and
transmitted to the House where it originated.
2.
If the bill is vetoed, the same, together with a message citing the reason for the
veto, is transmitted to the House where the bill originated.
ACTION ON APPROVED BILL
The bill is reproduced and copies are sent to the Official Gasette Office for publication
and distribution to the implementing agencies. It is then included in the annual
compilation of Acts and Resolutions.
ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress decides to override
the veto, the House and the Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of
the Members of each House, such bill or items shall become a law.
Note: A joint resolution having the force and effect of a law goes through the same
process.

25

History of the Senate


Introduction
The legislature in any society performs the important function of deliberating policies
for the peoples and passing them in the form of statutes.
Although the Philippine Legislature was organized only in 1916, it had deep roots in
the past. Long before the Spanish rulers came to the Philippines, the people in their
barangays were already governed by a set of rules by their chief. Over the long span of
Spanish and American rule, various forms of legislative structures were set up to
perpetuate the colonial rulers desire to rule the country.
The Filipinos, just like other colonized people, fought for independence from colonial
rule. During this struggle, they also recognized the critical role that a legislature could
play in the movement for independence. After the victory over Spain, they established
the Malolos Congress, based on their Constitution. The Philippine Legislature,
composed of the Philippine Senate and the House of Representatives, was created
under the Philippine Autonomy Act, popularly known as the Jones Law, which was
passed by the Congress of the United States and became law on August 29, 1916. It
served as the legislative body of the Philippines from October 1916 to November 1935,
until it was succeeded by the National Assembly upon the inauguration on November 15,
1935 of the Commonwealth provided in the Constitution of the Philippines.
With independence from America in 1946, the legislature was called the Philippine
Congress which shared governmental powers with the executive and the judiciary.
In 1972, the President declared martial law and Congress was abolished. The
bloodless coup of February 22-25, 1986, brought forth a new regime and restored the
bicameral congress which is the present set-up of the Philippine Legislature.
The Spanish Period (1521-1898)
Under the Spanish rule, the legislative powers were shared by three entities: (1) the
Governor-General who could promulgate executive decrees, edicts or ordinances with
the force of the law; (2) the Royal Audencia, which passed laws in the form of autos
accordados; and (3) the Crown of Spain acting through its councils.
Serving as chief legislator was a governor-general who was assisted by two
advisory bodies where he stood as president. The other entity exercising legislative
powers in the Philippines was the Royal Audencia which was the Spanish Supreme
Court in the Philippines. The governor-general also stood as the president of this body.
Many historians observed, however, that the legislative function during the Spanish
period was monopolized by a set of interlocking bodies, where the Chief Legislator, the
governor-general, exercising unbounded powers, also stood as president and member
of other bodies which were supposed to advise him. Filipino representation was also
largely absent in the legislative bodies.
The Malolos Congress (1898-1900)
In the closing years of the Spanish regime, the revolutionary government of Emilio
Aguinaldo inaugurated a Congress on September 15, 1898, at the Barasoain Church in
Malolos, Bulacan. This Congress was later on referred to as the Malolos Congress.
The Malolos Congress, also known as the Assembly of Representatives, was the
lawmaking body of the First Republic. It was a unicameral body composed of
representatives, one-third of whom were chosen by the officials of the municipalities
under the control of the Revolutionary Government, and the others appointed by
Aguinaldo to represent the areas under the American Army which could not send
delegates. The Malolos Congress is best remembered for framing the Malolos
Constitution. The functions and powers of the legislative branch of the First Republic
was defined and enumerated by the Malolos Charter as follows:
1. To watch over the interest of the Philippine people;

26

2. To carry out the revolutionary laws and discuss the vote upon said laws;
3. To discuss and approve treaties and loans; and
4. To examine and approve the accounts presented annually by the Secretary of
Finance, as well as extraordinary and other taxes which may be here-after imposed."
Several reasons prompted the creation and convening of the Malolos Congress.
Primarily, it was established to attract the countrys elitethe intellectuals and the
wealthyto join the revolution. Secondly, the creation of a representative government
was given primarily to make good impression on foreign powers. A popular Assembly
was deemed necessary in order to enhance the image of the new Republic.
The delegates to the Congress constituted the cream of the countrys professionals
and intellectuals. An official directory of the Malolos Assembly of Representatives listed a
total of 201 members who had served the body at one time or another. Most historians,
however, have placed the Assembly membership at only 130.
The Assembly, despite time constraints, turned out to be a prolific legislature. Its first
official act was the ratification of the Act of Declaration of Independence on September
29, 1898. It also passed a number of important laws designed to protect the new
Republic from incursions of foreigners and to protect the local business and labor.
With the outbreak of the Philippine-American War in February, 1899, the Assemblys
activities were hampered by the emergency situation.
back to top

Philippine Commission (1900-1916)


When the U.S. assumed sovereignty over the Philip-pines after the SpanishAmerican War, a military government was set up, with the military governor exercising
executive, legislative and judicial powers. In 1901, however, the legislative powers
hitherto exercised by the military governor were transferred to the Philippine
Commission. The legislative body was the Philippine Commission created by the
President of the United States in his capacity as commander-in-chief of the Armed
Forces, which act was later ratified by the U.S. Congress in the Philippine Bill of 1902.
This body served as the sole legislative body of the Philippines until 1907 when the First
Philippine Assembly was convened and created pursuant to the Philippine Bill of 1902.
The members of the Philippine Commission were appointed by the U.S. President with
the consent of the U.S. Senate, while those of the Philippine Assembly were elected by
qualified electors in their respective representative districts into which the country was
divided.
The presiding officer of the Philippine Commission was also the head of government
himselfthe American governor-general. Its membership, starting in 1901, consisted of
five Americans and three Filipinos. Then in 1913, there were five locals to only four
Americans. The Commission commenced its legislative work on September 1, 1900, or
barely three months after the civil government was established in the Philippines. It
started with only five members, all Americans. The original members appointed by the
U.S. President were Judge William Taft, chairman; and Dr. Dean Worcester, Mr. Luke
Wright, Mr. Henry Ide, and Prof. Bernard Moses, members.
It was only in 1913 when the Filipinos finally obtained numerical majority in what
was now a nine-man legislative body. This was made possible after Woodrow Wilson
was elected president of the United States. The new president, through his new
appointed Governor-General Francis Burton Harrison, assured the Filipinos that his
administration would take steps to assure them of a majority in the appointive
Commission. Other well-known Filipinos who were later tapped to serve the body were
Gregorio Araneta, Juan Sumulong and Rafael Palma. This was maintained up to 1916,
when it was replaced by the Philippine Senate, as provided for by the Jones Law.
As a legislative body, the Philippine Commission wielded broad powers and
discharged vital functions. These included the power to make rules and orders having

27

the effect of law, for raising revenue by means of taxes, customs and import duties. It
also appropriated and spent public funds. It also enacted pieces of legislation largely of
general application such as those establishing the countrys civil service system and
judicial network, organizing the Philippine Constabulary and the police and creating the
insular bureaus and offices, municipal and provincial governments.
Philippine Assembly (1907-1916)
The Philippine Assembly was convened at the old Manila Grand Opera House on
October 16, 1907. Two dominant political groupsthe Partido Nacionalista and Partido
Nacional Progresista vied for positions in the Assembly. Minority parties also fielded their
candidates as well as independent aspirants. The NP, the party that espoused
immediate and complete independence headed by Sergio Osmea, captured majority
of the 80 seat Assembly. However, a situation of conflict prevailed, for the legislative
arm of government consisted of an elective Assembly composed of Filipinos and an
appointive Commission (later to become the Senate), the majority of the members of
which were Americans. Such conflicts, however, came to an end when the legislative
powers were vested by the Jones Law in a bicameral legislature composed exclusively
of Filipinos. From 1907 to 1916, the legislative power was vested in a legislature, with
the Philippine Commission as the upper house and the Philippine Assembly as the lower
house thereof.
Pursuant to the provisions of the Jones Law, the legislative set-up was changed.
The Philippine Commission was abolished and the Philippine Legislature, inaugurated
on October 16, 1916, consisting of the Senate and the House of Representatives was
established. Thus, the history of Philippine Senate can be traced in relative term from
the time the Americans colonized our country.
Philippine Legislature (1916-1935)
The Philippine Legislature, in whom legislative powers were vested, was a
bicameral legislative body composed of a Senate and a House of Representatives.
The Jones Law gave the Philippine Legislature general legislative powers, with
limitations that all laws affecting immigration, currency, coinage or tariff and those
pertaining to lands of public domain, timber, mining are subject to the approval of the
President of the United States of America. It also gave the Filipinos greater participation
in government through the power of confirmation over the appointments of officers in the
Executive and Judicial branches of the government.
During its 19-year existence the country went through seven elections from 1916
to 1934to elect members of both chambers of the Legislature. In the first election, on
the first Tuesday of October 1916, two senators were elected from each of the 12
senatorial districtsone for a term of six years; the other for three years. In the
subsequent general elections, there was to be elected from each district one senator for
six years. There were two appointive members for the Senate who were designated by
the American governor-general to represent the non-Christian areas of the Archipelago.
The elective Representatives served for three years, while the Senators, except half of
the 22 who won in the first senatorial race in 1916, had a six-year tenure.
The 24-man Philippine Senate was represented by two Senators from each of the
12 senatorial districts into which the country was divided. Eleven of the districts were
represented by Senators elected by qualified voters in their respective bailiwicks. The
twelfth senatorial district, which was then generally inhabited by non-Christian Filipinos,
was represented by two appointive Senators who had no fixed terms. The two appointive
Senators were Joaquin A. Clarin and Jadji Butu representing the provinces in Mindanao,
Mountain province and Baguio from 1916 to 1918, with the latter only being reappointed
in 1926.
Altogether, there were 67 Senators who served in the Philippine Senate at one time
or another from 1916 to 1935. Over half of these senior solons were reelected at least
once. A number of them were elected several times, as in the case of Manuel L. Quezon
who repeatedly served as Senator from 1916 to 1935, when he assumed the Presidency
of the Philippine Commonwealth. Senate President Pro Tempore Sergio Osmea who
was first elected Senator in 1922 was also a multi-term Senator who later emerged as
Vice-President.

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Leadership at the top of the Senate hierarchy was quite firm during its existence
through the strong stewardship of Senate President Quezon. Reelected three times in a
row, he lorded it over the Senate since its founding and relinquished it only when he
became President of the Commonwealth.
During its existence, the Philippine Legislature enacted altogether 1,619 laws,
covering all subjects of legislation, except foreign affairs.
The Philippine Legislature closed its career in the service of our people to pave the
way for the final preparations for the framing and adoption of the Philippine Constitution
and the establishment of the Commonwealth of the Philippines, which were conditions
precedent for the attainment of our political independence.
On May 1, 1934, it accepted the Tydings-McDuffie Law, which authorized the
framing of the Philippine Constitution.
Commonwealth Congress (1935-1946)
The birth of the Commonwealth of the Philippines ushered another change in the
legislative system when a uni-cameral National Assembly was convened as provided in
the 1935 Constitution. But the return to unicameralism was short-lived. By virtue of a
constitutional amendment in 1940, a two-chamber Congress was restored.
In accordance with the constitutional amendment of 1940, the Legislature returned
to its pre-Commonwealth structure with the restoration of the Senate. Thus in the
November, 1941 polls, more aspirants figured in what could be considered as the first
synchronized balloting of the country.
Elected together with re-electionist President Quezon and Vice-President Sergio
Osmea, the Nacionalista Senate bets swamped the opposition. The NP candidates
garnered not only the 24 senatorial seats at stake but also 70 of the 89 Lower House
slots.
Of the 24 senators-elect, the first eight placers were to serve for 6 years, the next
eight for 4 years and the last eight for 2 years. After the war, though, a number of those
who were to serve for fewer years went on to assume their posts when Congress
convened in June 1945. A number of top placers were not able to report for duty partly
because some of them were charged or had died.
When the two chambers finally got organized in June 1945, the election of officers
was given top priority. Senator Manuel A. Roxas, who had ranked second in the 1941
senatorial elections, was elected Senate President, while Senator Elpidio Quirino was
chosen President Pro Tempore.
On January 4, 1946, the Congress met again in a special session to discuss the first
postwar general elections. Three months lateron April 23, 1946that law-making body
gave way to the First Congress of the Third Republic.
Congress of the Philippines (1946-1972)
The post-Independence Congress became the first legislature of the Republic of the
Philippines. That Congress first members were elected during the dying days of the
Commonwealth in 1946, and the last barely a year before it gave way to martial law
that ushered in the dictatorship in 1973. All told, that legislature consisted of seven
Congresses of four years each except the final one, which lasted for only two years.
Like its immediate predecessor that emerged following the first amendments of the
1935 Constitution, the Congress of the Philippines had a Senate and a House of
Representatives. The members of the Senate were elected at large or nationwide, unlike
their predecessors who were elected by regions for a term of 6 years. The Senate was
composed of 24 members elected by qualified voters of the country. Certain
qualifications were required for an individual to become a senator: he had to be a
natural-born citizen, 35 years of age upon election to the Senate, a qualified voter and a
resident of the Philippines for at least 2 years prior to his election.

29

The election of the First Congress16 for the Senate and 104 for the Housetook
place on April 23, 1946. The Liberal Party captured nine of the 16 senatorial seats. The
rest went to the Nacionalista candidates and their allies. Senator Jose Avelino of Samar
was elected as Senate President at that time.
In the 1947 polls, six LP betsLorenzo Taada, Vicente Madrigal, Geronima
Pecson, Emiliano Tirona, Fernando Lopez and Pablo Davidwere elected. Only two
NPs were elected, namely, Camilo Osias and Eulogio Rodriguez.
However, a bitter rivalry ensued between newly installed President Elpidio Quirino
and LP Senate President Avelino over party presidential nomination for the 1949 national
elections. Although the Senate was dominated by the Avelino Wing, with 11 members
including himself, the Quirino LPs joined forces with the NPs to oust Avelino as Senate
President in early 1949. Senator Mariano Jesus Cuenco replaced Avelino.
Altogether, from 1949 to 1971, the last polls before the exit of that Congress, the
political leadership shifted from one major political party to the other in both chambers.
The Congress of the Philippines followed a certain schedule for the session of both
houses. They commenced their regular sessions every fourth Monday of January,
although this could be changed as Congress saw fit. Every Congress had four regular
sessions lasting for 100 days, excluding Sundays. Special sessions could also be called
by the President to tackle major bills left unfinished during regular sessions.
Among the powers exercised by the Senate were:
1. Ratification of treaties entered into by the Executive; and
2. Confirmation of appointments made by the President.
The shifting of leadership in the Senate was quite active during this period. The
power struggle started during the First Congress where Senate President Avelino,
together with Melecio Arranz as President Pro Tempore, was ousted from the Senate
helm four years later. In the Second Congress (1950-1953), Avelino tried to bounce back
but Senator Mariano Cuenco replaced him for good following the formers expulsion from
the top.
When the Nacionalistas returned to power with Ramon Magsaysays overwhelming
victory in the 1953 presidential elections, Eulogio Rodriguez of Rizal assumed the
Senate presidency for the first time and remained as its President for nearly a decade. In
the Fifth Congress, LP President Ferdinand E. Marcos, who had been elected Senator a
few years earlier, toppled Rodrigue from the Senate presidency. Senator Arturo Tolentino
of Manila took over from Marcos in 1966. In the 7th Congress, fellow NP Senator Gil J.
Puyat of Pampanga and Manila assumed the Senate helm until it was abolished in early
1973.
Present Congress of the Philippines
The 1972 Constitution abolished the bicameral legislature and in its stead
established a unicameral body under a parliamentary government. The legislative bodies
created during the martial law were the Batasang Bayan, the Interim Batasang Bayan
and the Batasang Pambansa. When the popular people power or EDSA revolution
broke out in February, 1986, Corazon Aquino was installed as the new President. She
issued a proclamation creating a Constitutional Commission to draft a new Constitution
for the Philippines.
The said commission convened on June 1, 1986, and finished its work on October
15, 1986. A plebiscite, held on February 7, 1987, overwhelmingly ratified the present
1987 Constitution. The 1987 Constitution restored the presidential system of
government together with the bicameral congress of the Philippines. Section 1, Article VI
of the 1987 Constitution provides as follows:
The legislative power shall be vested in the Congress of the Philippines, which shall
consist of the Senate and the House of Representatives, except to the extent reserved
to the people by the provision on initiative and referendum.

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The present Congress is actually a reincarnation of the Senate of the Philippines


under the 1940 amendment to the 1935 Constitution. As mandated by the new
constitution, the upper chamber is composed of 24 members elected at large, who serve
a term of six years. Senators cannot serve beyond two consecutive terms.
The Senate of the 14th Congress is currently headed by Senate President Manny
Villar, Pro Tempore Jinggoy Ejercito Estrada, Majority Leader Francis N. Pangilinan and
Minority Leader Aquilino Q. Pimentel, Jr. It has thirty-six (36) permanent committees and
five (5) Oversight committees to fuel the wheels of the legislative mill. The Senate or any
of its committees may conduct formal inquiries or investigations in aid of legislation. The
committees are classified into: (1) standing or permanent; (2) special or ad hoc; (3) joint;
and (4) sub. Subcommittees are created to parcel the work of standing or special
committees. The "special" committees are created for a particular purpose and dissolved
after accomplishing such purpose. Joint committees are those that include members of
both houses.
The following Senators have, at one time or another assumed the Senate helm:
Manuel L. Quezon, 1916-1935; Manuel A. Roxas, 1945-1946; Jose Avelino, 1946-1949;
Mariano Jesus Cuenco, 1949-1951; Eulogio Rodriguez, 1952-1963; Ferdinand Marcos,
1963-1965; Arturo Tolentino, 1966-1967; Gil J. Puyat, 1967-1973; Jovito Salonga, 19871992; Edgardo J. Angara, January 1993 - August 1995; Ernesto M. Maceda, October
1996 - January 1998; Neptali A. Gonzales, January 1992 - 1993; August 1995 - October
1996 and January 1998 to June 1998; Marcelo B. Fernan, July 1998 to July 1999; Blas
F. Ople, July 1999 to April 2000; Franklin M. Drilon, April to November 2000; Aquilino Q.
Pimentel Jr., November 2000 to July 2001; Franklin M. Drilon, July 2001 to July 2006;
and Manny Villar, July 2006 to present.

Supreme Court of the Philippines


The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas
or Korte Suprema) is the country's highest judicial court, as well as the court of last
resort. The court consists of 14 Associate Justices and 1 Chief Justice. Pursuant to the
Constitution, the Supreme Court has "administrative supervision over all courts and the
personnel thereof".[1]
The Supreme Court complex occupies the corner of Padre Faura Street and Taft Avenue
in Manila, with the main building directly fronting the Philippine General Hospital. Until
1945, the Court held office within Intramuros.
Constitutional role
Composition
A person must meet the following requirements in order to be appointed to the Supreme
Court: (1) natural-born citizenship, (2) at least 40 years old; (3) must have been for
fifteen years or more a judge of a lower court or engaged in the practice of law in the
Philippines.[2] An additional constitutional requirement, though less precise in nature, is
that a Justice "must be a person of proven competence, integrity, probity, and
independence."[3] Upon a vacancy in the Court, whether for the position of Chief Justice
or Associate Justice, the President fills the vacancy by appointing a person from a list of
at least 3 nominees prepared by the Judicial and Bar Council.[4]
Beginning with the 1935 Constitution, Supreme Court Justices are obliged to retire upon
reaching the mandatory retirement age of 70.[5] Some Justices had opted to retire before
reaching the age of 70, such as Florentino Feliciano, who retired at 67 to accept
appointment to the Appellate Body of the World Trade Organization.
Functions
The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution.
These functions may be generally divided into two judicial functions and administrative
functions. The administrative functions of the Court pertain to the supervision and control
over the Philippine judiciary and its employees, as well as over members of the
Philippine bar. Pursuant to these functions, the Court is empowered to order a change of
venue of trial in order to avoid a miscarriage of justice and to appoint all officials and

31

employees of the judiciary.[6] The Court is further authorized to promulgate the rules for
admission to the practice of law, for legal assistance to the underprivileged, and the
procedural rules to be observed in all courts.[7]
The more prominent role of the Court lies in the exercise of its judicial functions. Section
1 of Article VIII contains definition of judicial power that had not been found in previous
constitutions. The provision states in part that:
Judicial power includes the duty of courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the
government.
The definition reaffirms the power of the Supreme Court to engage in judicial review, a
power that had traditionally belonged to the Court even before this provision was
enacted. Still, this new provision effectively dissuades from the easy resort to the
political question doctrine as a means of declining to review a law or state action, as was
often done by the Court during the rule of President Ferdinand Marcos.[8] As a result, the
existence of grave abuse of discretion on the part of any branch or instrumentality of
the government is sufficient basis to nullify state action.
Cases
The Court is authorized to sit either en banc or in divisions of 3, 5 or 7 members. Since
the 1970s, the Court has constituted itself in 3 division with 5 members each. Majority of
the cases are heard and decided by the divisions, rather than the court en banc.
However, the Constitution requires that the Court hear en banc [a]ll cases involving the
constitutionality of a treaty, international or executive agreement, as well as those
involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations.[9] The Court en
banc also decides cases originally heard by a division when a majority vote cannot be
reached within the division. The Court also has the discretion to hear a case en banc
even if no constitutional issue is involved, as it typically does if the decision would
reverse precedent or presents novel or important questions.
History
Pre-Hispanic and Hispanic periods
In the years prior to the official establishment of the Supreme Court, institutions
exercising judicial power were already in existence. Before the Spaniards came, judicial
authority in its primitive form was in the hands of barangay chiefs. During the early
years of the Spanish regime, these powers were vested upon Miguel Lpez de Legazpi,
the first governor-general of the Philippines. He administered civil and criminal justice
under the Royal Order of August 14, 1569.
The present Supreme Court was preceded by the Royal Audiencia, a collegial body
established on May 5, 1583 and composed, of a president, four oidores (justices), and a
fiscal, among others. It was the highest tribunal in the Philippines, below only the
Consejo de Indias of Spain. However, this body also exercised administrative functions,
not just judicial functions.
The Audiencias functions and structure underwent substantial modifications in 1815
when its president was replaced by a chief justice and the number of justices was
increased. It then came to be known as the Audiencia Territorial de Manila with two
branches, civil and criminal, later renamed sala de lo civil and sala de lo criminal. The
Audiencia was converted to a purely judicial body by a Royal Decree issued on July 4,
1861, but its decisions were appealable to the Supreme Court of Spain sitting in Madrid.
On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an
Audiencia for criminal cases in Vigan. However, the pre-eminence of the Supreme Court
as the sole interpreter of the law was unknown during the Spanish regime.
Unlike the decisions rendered by the Supreme Court during the period of American rule,
the decisions of the Royal Audiencia are

32

American period
The Supreme Court of the Philippines was officially established on June 11, 1901
through the passage of Act No. 136, otherwise known as the Judiciary Law of the
Second Philippine Commission. By virtue of that law, judicial power in the Philippine
Islands was vested in the Supreme Court, Courts of First Instance and Justice of the
Peace courts. Other courts were subsequently established.
The judicial structure introduced by Act No. 136 was reaffirmed by the US Congress with
the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the
Supreme Court as the highest tribunal with nine members: a chief justice and eight
associate justices.
From 1901 to 1935, although a Filipino was always appointed chief justice, the majority
of the members of the Supreme Court were Americans. Complete Filipinization was
achieved only with the establishment of the Commonwealth of the Philippines in 1935.
Claro M. Recto and Jose P. Laurel were among the first appointees to replace the
American justices. With the ratification of the 1935 Constitution in a plebiscite held on
May 14, 1935, the membership in the Supreme Court increased to 11: a chief justice and
ten associate justices, who sat en banc or in two divisions of five members each.
An independent Philippines
Under the 1973 Constitution, the membership of the Supreme Court was increased to
15. The justices sat en banc or in divisions. The 1973 Constitution also vested in the
Supreme Court administrative supervision over all lower courts which heretofore was
under the Department of Justice.
After the overthrow of President Ferdinand Marcos in 1986, President Corazon C.
Aquino, using her emergency powers, promulgated a transitory charter known as the
Freedom Constitution which did not affect the composition and powers of the Supreme
Court. The Freedom Charter was replaced by the 1987 Constitution which is the
fundamental charter in force in the Philippines at present. Section 1 Article VIII of the
Constitution vests the judicial power in one Supreme Court and in such lower courts as
may be established by law.
Writ of Amparo
The Supreme Court approved the Writ of Amparo on September 25, 2007.[13] The writ of
amparo (Spanish for protection) strips the military of the defense of simple denial. Under
the writ, families of victims have the right to access information on their cases -- a
constitutional right called the "habeas data" common in several Latin American
countries. The rule is enforce retroactively. Chief Justice Puno stated that "If you have
this right, it would be very, very difficult for State agents, State authorities to be able to
escape from their culpability."
The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild.
[16][17][18]
No filing or legal fees is required for Amparo which takes effect on October 24.
Puno also stated that the court will soon issue rules on the writ of Habeas Data and the
implementing guidelines for Habeas Corpus. The petition for the writ of amparo may be
filed "on any day and at any time" with the Regional Trial Court, or with the
Sandiganbayan, the Court of Appeals, and the Supreme Court. The interim reliefs under
amparo are: temporary protection order (TPO), inspection order (IO), production order
(PO), and witness protection order (WPO, RA 6981).[19]
The Asian Human Rights Commission (AHRC) has criticized the Writ of Amparo and
Habeas Data for being insufficient, saying further action must be taken, including
enacting laws for protection against torture, enforced disappearance, and laws to
provide legal remedies to victims. AHRC said the writ failed to protect non-witnesses,
even if they too face threats.[20]
Habeas Data
On August 30, 2007, Puno vowed to institute the writ of habeas data as a new legal
remedy to the extrajudicial killings and enforced disappearances. Puno explained that
the writ of amparo denies to authorities defense of simple denial, and habeas data can

33

find out what information is held by the officer, rectify or even the destroy erroneous data
gathered.[21]
On January 22, 2008, the Supreme Court En Banc approved the rules for the writ of
Habeas Data ("to protect a persons right to privacy and allow a person to control any
information concerning them"), effective on February 2, the Philippines Constitution Day.
Language
Since the courts' creation, English had been used in court proceedings. But for the first
time in Philippine judicial history, or on August 22, 2007, three Malolos City regional trial
courts in Bulacan will use Filipino, to promote the national language. Twelve
stenographers from Branches 6, 80 and 81, as model courts, had undergone training at
Marcelo H. del Pilar College of Law of Bulacan State University College of Law following
a directive from the Supreme Court of the Philippines. De la Rama said it was the
dream of Chief Justice Reynato Puno to implement the program in other areas such as
Laguna, Cavite, Quezon, Nueva Ecija, Batangas, Rizal and Metro Manila

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