Philippine Constitutions, Indigenous Peoples, and Agrarian Reform

Lesson 1: The Constitutions of the Philippines

The Philippines has had multiple constitutions, each reflecting the political circumstances of its time:

The Malolos Constitution (1899) — The first Philippine constitution, drafted by the Malolos Congress and promulgated on January 21, 1899. Established the First Philippine Republic and is celebrated as the first republican constitution in Asia. The republic was short-lived: the Philippine-American War (1899–1902) ended Filipino sovereignty.

The 1935 Commonwealth Constitution — Following decades of American colonial administration, the Philippine Commonwealth was established under the Tydings-McDuffie Act (1934). The 1935 Constitution provided for a strong executive, a bicameral legislature (Senate and House of Representatives), and an independent judiciary. Manuel Quezon became the first Commonwealth President.

The 1943 Japanese-Sponsored Constitution — During the Japanese occupation (1941–1945), a puppet Philippine Republic was established. The 1943 Constitution governed this republic under Jose P. Laurel. It was generally dismissed as illegitimate by Filipino resistance movements, as it was imposed by an occupying foreign power.

The 1973 Constitution (Marcos Period) — Following the declaration of Martial Law on September 21, 1972, a new constitution was ratified under controversial circumstances in January 1973. Critics argued it was ratified through staged Citizens' Assemblies. It concentrated power in the executive and allowed Marcos to rule by decree without legislative oversight.

The 1987 Constitution — Drafted by a Constitutional Commission following the 1986 People Power Revolution, which ousted Marcos and brought Corazon Aquino to power. Ratified on February 2, 1987, it restored democratic governance, reestablished the Senate, and introduced significant protections for civil liberties and human rights. A distinguishing feature is its extensive treatment of social justice as a core constitutional value.

As Constitutional Commission President Justice Cecilia Muñoz-Palma stated: "Social justice is the heart of the 1987 Constitution." Social justice, as defined in the landmark Calalang v. Williams case by Justice José Laurel, means the humanization of laws and the equalization of social and economic forces so that justice may be approximated for all.

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Lesson 2: Indigenous Peoples of the Philippines

Who Are the Indigenous Peoples?

The term Indigenous Peoples (IPs) refers broadly to communities whose historical continuity connects them to the pre-colonial era of their territories. The definition draws from the United Nations, based on the study by José Martínez Cobo (1983), identifying historical continuity through:

1. Occupation of ancestral lands (or part of them)
2. Common ancestry with the original occupants of those lands
3. Distinct cultural expressions (religion, tribal systems, dress, livelihood, lifestyle)
4. Language (as primary, maternal, or habitual means of communication)
5. Residence in particular regions

The Philippines is home to approximately 110 ethno-linguistic groups comprising an estimated 14–17 million people.

Distribution of Indigenous Peoples:

• Mindanao: approximately 61% of the IP population; includes the Lumad (18 non-Muslim IP groups; Lumad is a Visayan word meaning "of the land") and the Moro Peoples (seven Islamized groups)
• Northern Luzon (Cordillera Administrative Region): approximately 33%; includes the Igorot peoples (Ifugao, Ibaloy, Bontoc, Isneg, Tinguia, Kankanaey — Igorot meaning "people from the mountain")
• Visayas and other regions: the remaining percentage, including the Mangyan of Mindoro

Historical Context: Colonialism and Classification

During the Spanish colonial period, communities that resisted conversion were labeled infieles (infidels) or salvajes (savages). Under American rule, these groups were reclassified as "non-Christian tribes." In 1901, the Bureau of Non-Christian Tribes was established and anthropologist David Barrows supervised the 1903 Philippine Census, which classified Filipinos into "Christian and Civilized Tribes" and "Non-Christian and Wild Tribes."

Legal Protections: The IPRA and the 1987 Constitution

The 1987 Constitution explicitly recognizes indigenous peoples' rights (Article II, Section 22).

In 1997, the Indigenous Peoples' Rights Act (IPRA), also known as Republic Act 8371, was enacted, establishing four bundles of rights for IPs:

1. Right to Ancestral Domains and Lands
2. Right to Self-Governance and Empowerment
3. Right to Social Justice and Human Rights
4. Right to Cultural Integrity

In 1998, the National Commission on Indigenous Peoples (NCIP) was created to implement IPRA.

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Lesson 3: History of Agrarian Reform in the Philippines

What Is Agrarian Reform?

Agrarian reform refers to the redistribution of land to landless farmers and farm workers, together with the support services needed to make such redistribution effective.

Spanish Colonial Period: The encomienda system and later the hacienda system concentrated large tracts of agricultural land in the hands of the Church, Spanish nobles, and the colonial government. Filipino farmers worked as tenants under arrangements that extracted a large portion of their harvests — creating a deeply embedded system of landlordism.

American Period: The Americans initially promised land reforms but largely maintained the hacienda structure. The friar lands were purchased by the colonial government and resold — but often to wealthy Filipinos or companies rather than to the tenant farmers.

Commonwealth and Post-War Period: The Land Reform Act of 1955 and Agricultural Land Reform Code of 1963 (Republic Act 3844) were significant attempts but fell short of substantive redistribution.

Marcos Period: Presidential Decree 27 (1972) mandated land transfer for rice and corn lands. While celebrated as a major reform, its implementation was uneven and limited in scope, excluding vast portions of the agricultural sector.

CARP (1988): The most ambitious attempt was the Comprehensive Agrarian Reform Program (CARP), enacted as Republic Act 6657 in 1988 under President Corazon Aquino. CARP aimed to distribute agricultural lands of all types to qualified beneficiaries. Despite its broad scope, implementation has been widely criticized as slow, incomplete, and subject to legal challenges by landowners. Decades after CARP, significant numbers of Filipino farmers remain without land of their own.