Documente Academic
Documente Profesional
Documente Cultură
● Agrarian Reform
● The New Constitution of the Philippines
● Taxation
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1
AGRARIAN REFORM
“
When land rights are secure, the
cycle of poverty is broken.
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Agrarian
Reform
The redistribution of lands to farmer and regular
farm workers, regardless of tenurial arrangement
to include the totality factors and support services
designed to lift the economic status of the
beneficiaries.
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Land Reform
An integrated set of measures designed to
eliminate obstacles to economic and social
development arising out of defects in the agrarian
structure.
These measures are taken with respect to the
security of tenure, abolition of tenancy,
imposition of ceilings and many more.
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THE NEW CONSTITUTION OF
THE PHILIPPINES
CONSTITUTION
Constitution is defined as the set of
fundamental principles or established
precedents according to which a State or
organization is governed.
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THE CONSTITUTION OF
THE PHILIPPINES
A written constitution in which all the
longings of the people are expressed
through their direct representatives.
The body of rules and principles in
accordance with which the powers of
sovereignty are exercised (Cooley, De Leon’s Textbook on
the Philippine Constitution, p. 30)
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Executive
PURPOSE OF THE Legislative
Judicial
CONSTITUTION
1. It serves as the fundamental law of 2. It provides the essential framework
the land. The paramount law onto of government since the vital branches
which all other laws are based on. If of government are defined therein
there is a conflict between the (Constitution of Government).
Constitution and an ordinary law, the Moreover, the essential liberties of
constitution will prevail in all respects. people who sojourn in a particular
country are described in it also
(Constitution of Liberty).
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3
TAXATION
“
The lifeblood of any state.
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TAXATION
13
TAXATION
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A government cannot function
without the necessary funds.
Therefore, it is necessary for the
people to pay taxes.
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Characteristics of taxes
● Enforced contribution- all citizens, with respect to their
ability, have to pay taxes. The National Internal
Revenue Code of the Philippines (RA 8248).
● Payable in money- a tax must be discharged alone in
money which must be in legal tender.
● Proportionate in character- taxes are based on the ability
to pay.
● Imposed on persons or property- a tax may be imposed
on acts, transactions, or contracts.
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Characteristics of taxes
● Imposed by the state which has jurisdiction over the
person or property- the state cannot apply its power of
taxation to individuals or entities outside its legal
jurisdiction.
● Imposed by the law-making body of the state- its
imposition must be anchored on the enactment of
statuses and ordinances made by the Legislative branch
of the government.
● It is levied for public purposes- a charge or burden
imposes to provide income for public purposes.
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Thanks!
Any questions?
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ASPECTS
REFORM
of AGRARIAN
ECONOMIC
1 ASPECT
The Position of Agriculture in National
Economy
- our economy still relies heavily on the agricultural
sector
- forms the predominant industry in the Philippines
- large population of the total working population
is employed in agriculture
- large percentage contribution to the gross
domestic product (GDP)
Agriculture is the most important component of economic
structure
MOTIVATE FARMERS:
Agrarian Reform
Strenghthen to create an economic environment that
will encourage farmers to produce more and market
more of what they produce
2
SOCIO
CULTURAL
ASPECT
The Agrarian Reform had resulted to favorable socio-cultural changes:
Self subsistent mindset to one of surplus for selling
01 The farmers started putting all their efforts in the farm
because they own the land
Social Order
02 The farmers became more concern of the need to maintain
peace and stability within the community
Leadership Roles
03 Farmers began equal footing with their erstwhile landlords in
social gatherings and club meetings.
Modern Outlook
05 Include receptiveness and modern family planning programs
and also awareness of the economic alternatives in the
urban and industrial sectors
RELIGIOUS
ASPECT
God is the owner of the earth and that He made it all for His
children
- Majority of the Filipino masses are longing for the possession
of land.
- Poverty resulted to multiple revolts.
- Filipinos RARELY found any help and support from the church.
- Some revolts were directly pointed to the lands owned by the
church
- Church became the enemy of land reform.
Filipinos: Church:
THANK
YOU
...
Argrarian Reform
Objectives of Agrarian
Reform
Carl Ephraim M. Mina
Political Social
Objectives
Economic
Political
Barangays
30-100 families
Administered by different chiefs
Everyone has access to land regardless of
status
They share resources mutually to the rest of the community
They believed in the concept of stewardship
They believed that the relationship between man and nature is
important. Land cultivation was done by kaingin system or slash and
burn method.
The only recorded land sale during this time was the Maragtas code.
This is the selling of Panay island to the ten Bornean datus in exchange
for a golden salakot and a long gold necklace
Although the code of Luwaranas one of the oldest written laws of the
Muslim socety which contains provision on the lease of cultivated
lands, there was no record how the lease arranged was practiced.
The Spanish introduced "pueblo", an agriculture system wherein
native rural communities were prganized into pueblo and each
Christianized native family is given four to five hectares of land to
cultivate, thus there is no landless class.These native families are
merely landholders and not legitimate landowners of the land.
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Constitution
“the body of rules and principles
in accordance with which the
powers of sovereignty are
exercised”
(Cooley, on Constitutional Limitations, mentioned in De Leon’s
Textbook on the Philippine Constitution. p.30).
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Constitution
used for regulations and orders
set of fundamental principles or established precedents
according to the which state or other organization is governed
A written constitution in which all the longings of the people
are expressed through their direct representatives
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Constitution
The most important law of a nation or state because it
allocates the distribution and limiting of powers to its three
departments to secure the character and conception of its
government.
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Executive
- Executive power
is vested in the
President of the
Philippines
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56
1) Origin and
History
Typology of
Constitution
3) Manner In
2) Form
Amending them
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a. Conventional or
Enacted
-one which is enacted by a
constituent assembly or granted
by a monarch to his subjects
1) As to Origin
and History
b. Cumulative of Evolved
-one which is a product of
development originating in
customs, traditions, judicial
decisions etc., rather than from
deliberate and formal
enactment. 58
a. Written Constitution
- One which has been given
definite form at a particular
time, usually by a specially
constituted authority called a
“constitutional convention” or
“constitutional commission”.
2) As to Form
b. Unwritten Constitution
-one which is entirely a
product of political evolution,
consisting largely of a mass
of customs, usages, and
judicial decisions.
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a. Rigid or Inelastic
- One regarded as document
of special sanctity, which
cannot be amended or altered
except by some special
machinery other than ordinary
legislative process.
3) As to manner
of amending it
b. Flexible or Elastic
-one which possesses no
higher legal authority than
ordinary laws and which
may be altered in the same
way as other laws.
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Constitutional
Law
Constitutional Law
○ Defined as the branch of public law
which deals with constitution: their
nature, formation, amendement, and
interpretation.
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2) Establishes the basic framework and underlying
principle of Government
65
The methods of amending or
replacing the constitution are also
provided by the constitution itself
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ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may be proposed
by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
No amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter.
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The Congress shall provide for the implementation of the exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the
electorate the question of calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1
hereof shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later than ninety days after the
approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the certification by the Commission on Elections of the
sufficiency of the petition.
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Thank You!
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CONSTITUTION OF
THE PHILIPPINES
MALOLOS
CONSTITUTION
1 3
CONSTITUTION OF THE PHILIPPINES
1935
CONSTITUTION OF
THE PHILIPPINES
MALOLOS
CONSTITUTION 2
1
CONSTITUTION OF THE PHILIPPINES
1935
CONSTITUTION OF
THE PHILIPPINES
MALOLOS
CONSTITUTION 2
1 3
1943 REPUBLIC
CONSTITUTION OF
THE PHILIPPINES
CONSTITUTION OF THE PHILIPPINES
1973 CONSTITUTION OF
1935
THE REPUBLIC OF THE
CONSTITUTION OF
PHILIPPINES
THE PHILIPPINES
MALOLOS 4
CONSTITUTION 2
1 3
1943 REPUBLIC
CONSTITUTION OF
THE PHILIPPINES
CONSTITUTION OF THE PHILIPPINES
1973 CONSTITUTION OF
1935
THE REPUBLIC OF THE
CONSTITUTION OF
PHILIPPINES
THE PHILIPPINES
MALOLOS 4
CONSTITUTION 2
3 5
1
1943 REPUBLIC 1986
CONSTITUTION OF PROVISIONAL
THE PHILIPPINES CONSTITUTION
CONSTITUTION OF THE PHILIPPINES
1987
CONSTITUTION OF
1973 CONSTITUTION OF THE PHILIPPINES
1935
THE REPUBLIC OF THE
CONSTITUTION OF
PHILIPPINES
6
THE PHILIPPINES
MALOLOS 4
CONSTITUTION 2
3 5
1
1943 REPUBLIC 1986
CONSTITUTION OF PROVISIONAL
THE PHILIPPINES CONSTITUTION
1 MALOLOS CONSTITUTION
Known as La Politica de Malolos
Written in Spanish
1899 – congress was held in Malolos, Bulacan to draw up a
Constitution
First Republican Constitution in Asia
Declares the people to have exclusive sovereignity
States Basic laws of Civil Rights, separation of the State and the
Church
Calls for a creation of an Assembly of Representatives to act as a
Legislative Body
Calls for a Presidential type of Government
President elected for a term of 4 years by a majority of the
‘Assembly’
Español or Spanish as the official language of the Philippines
1 MALOLOS CONSTITUTION
1935 Constitution
1973 Constitution
1986 Provisional “ FREEDOM” Constitution
1987 Constitution
1987 CONSTITUTION OF THE PHILIPPINES
PREAMBLE ARTICLES
ARTICLE 1. National Territory
We, the sovereign Filipino people, ARTICLE 2. Declaration of Principles and State Policies
imploring the aid of Almighty God, in ARTICLE 3. Bill of Rights
order to build a just and humane ARTICLE 4. Citizenship
ARCTICLE 5. Suffrage
society and establish a Government ARTICLE 6. Legislative Department
that shall embody our ideals and ARTICLE 7. Executive Department
aspirations, promote the common good, ARTICLE 8. Judicial Department
ARCTICLE 9. Constitutional Commissions
conserve and develop are matrimony ARTICLE 10. Local Government
and secure to ourselves and our ARTICLE 11. Accountability of Public Officers
Posterity the blessings of Independence ARTICLE 12. National Economy and Patrimony
ARTICLE 13. Social Justice and Human Rights
and democracy under the rule of law ARTICLE 14. Education, Science, Technology, Arts,
and a regime of truth, justice, freedom, Culture and Sports
love, equality and peace, do ordain ARTICLE 15. The Family
ARTICLE 16. General Provisions
and promulgate this Constitution ARTICLE 17. Amendments and Revisions
ARTICLE 18. Transitory Provisions
KINDS OF TAXES UNDER EXISTING
LAWS
AMIRA ALEXIS
NACIS
CHAPTER 8
tYpes of taxes
EXAMPLE:
Value Added Tax
AS TO SUBJECT MATTER OR
OBJECT
○ PERSONAL, PALL OR CAPITATION TAX
Refers to a tax of fixed amount imposed on an imposed
on an individual residing within a specified territory, whether a
citizen or not and regardless of property or the occupation they
engaged in.
EXAMPLE:
Community Tax
○ PROPERTY TAX
Refers to the amount imposed on property, whether real
or personal in proportion either to ots value or in accordance
with some other reasonable method or appointment.
EXAMPLE:
Real Estate Tax
○ EXCISE TAX
Refers to any tax which does not fall within the
classification of a poll tax or a property tax. It is charged or
imposed upon the performance of an act, the enjoyment of a
privilege and in engaging an occupation.
(e.g., estate, donors and income taxes: VAT and practically all
business taxes)
AS TO PURPOSE
○ General Fiscal Revenue
Imposed for general purpose of the government to
raise funds for its needs
EXAMPLE
Income tax and almost all taxes
○ Revenue Tax
Imposed for special purpose to achieve
some social or economic needs
PURPOSE OF TAXATION
To raise revenue or provide funds to promote the
general welfare and protection of its citizens and to enable the
government to finance its multifarious activities and also to
satisfy the following objectives:
a. Equitably distribute the wealth of the nation, referring to the
case of estate and donor’s taxes
b. B. Protect new industries in which the rate of taxation may
be increased to regulate the proliferation of unnecessary
industries and competition with foreign investments
c. Uplift social conditions as in the case of
regulatory taxes in the exercise of police
powers
Basis of taxation
- based on the reciprocal duties of protection and support
between the state and its inhabitants. In return for his
contribution, the taxpayer receives benefits and protection from
the government. This is termed as the “benefits received
principle”
Classification
of Taxes
as to subject matter or object
1. Personal, Poll or Capitation Tax- refers to a tax of
fixed amount imposed on an individual residing
within a specified territory,whether a citizen or not,
and regardless of property or the occupation they
engaged in.
2. Property Tax- refers to the amount imposed on
property, whether real or personal, in proportion
either to its value or in accordance with some other
reasonable method or apportionment.
3. Excise Tax- it is charged or imposed upon the
performance of an act, the enjoyment of a privilege
and in engaging an occupation. (ex. estate, donors
and income taxes)
As to Purpose
1. General, Fiscal, or Revenue Tax- imposed for the
general purpose of the government to raise funds for its
needs
2. Special or Regulatory Tax- imposed for a special
purpose to achieve some social or economic ends,
irrespective of whether revenue is actually raised or not
As to Scope or Authority Imposing the Tax
1. National Tax- imposed by the national government
(ex. national revenues and customs duties)
2. Municipal or Local Tax -imposed by municipal or
local corporations (ex. real estate tax)
As to Determination of Account
1. Specific Tax- refers to the fixed amount imposed
by the head or number, or by some standard or
weight or measurement which requires assessment
other than a listing or classification of the subjects to
be taxed.
2. Ad Valorem Tax- is a fixed proportion of the value
of the property with respect to which the tax is
assessed. This requires the intervention of assessors
or appraisers to estimate and determine the amount
due from each taxpayer(ex. real estate tax,
percentage tax, and excise tax on cigars and
cigarettes)
As to Who Bears the Burden
1. Direct Tax- demanded for the person who
also shoulders the burden of the
tax(ex.community tax, corporate and
individual taxes)
2. Indirect Tax- demanded from one person in
the expectation that he should indemnify
himself at the expense of another; or a tax
imposed on goods before they reach the
customer who ultimately pays for them,not as
a tax, but as a part of the purchase price to
which it is added (ex. all business taxes such as
VAT, percentage taxes, and other customs
duties)
As to Graduation or Rate
1. Proportional Tax- based on a fixed percentage of the amount
of the property, income or other basis to be taxed. (ex. real
property tax and all percentage taxes)
2. Progressive or Graduated Tax- refers to the rate which
increases as the tax base or bracket increases (ex. income tax,
estate tax, donor's tax)
3. Regressive Tax- refers to the rate which decreases as the tax
base or bracket increases
Kinds of Taxes Under Existing Law
National Taxes- those implied by the National Government
under the National Internal Revenue Code and other laws
particularly the Tarrif and Customs Code.
Local Taxes- those imposed by local governments to meet
particular needs under the Local Government Code, such as
real property tax and community tax
Kinds of National Internal Revenue Taxes
Income Tax - a tax on a person's income, emoluments,
profits and the like realized in one taxable year.
Estate Tax - is a tax on the right of the deceased person
to transmit his/her estate to his/her lawful heirs and
benefeciaries at the time of death and on certain
transfers, which are made by law as equivalent to
testamentary disposition. It is not a tax on property. It
is a tax imposed on the privilege of transmitting
property upon the death of the owner. The Estate Tax is
based on the laws in force at the time of death
notwithstanding the postponement of the actual
possession and enjoyment of the estate by the
benefeciary.
Any
Questions??
THANK
Chapter 8 Members
Lagatic
Lomeda
Manoguid
Mina
Moral
Moratalla
Morcilla
Nacis
Nebreja