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Monday, September 30, 2013

Child Soldiers by: Cherry Faith P. Bodiongan


Source: http://www.youtube.com/watch?v=o1Gb0v8UNVU

Revoltionary Taxation: CPP-NPA by: Mary Wendyl Limutan



Revolutionary Taxation:
  • is a major form of funding for violent non-state actors such as guerrilla and terrorist organizations. Those outside... (e.g. CPP-NPA)
NPA’s approach to taxation can differ according to the manner in which NPA’s tax collectors perceive the wealth, power and political position of the business or individual in question. The NPA’s official ideological discourse frames this differentiation in terms of class-struggle and reportedly identifies class enemies, like major business interests, as its main targets. Reports vary, however, as to the exact nature of the taxes imposed and the possible consequences for those who fail to pay. It is generally acknowledged that large business interests have suffered sabotage and that a number of politicians have been killed. Sources vary, however, on the subject of middle and lower income groups. Some sources argue that the NPA takes a less aggressive stance with these latter groups and that there is little evidence of mistreatment.
The NPA and revolutionary taxation
A 2005 study, produced for the Philippine Human Development Network (PHDN) by Dr Noel Morada of the University of the Philippines, reports that the NPA only collects voluntary or minimal taxes from lower income groups and that taxation is also minimal for “medium-size businesspeople and rich peasants”.
In such cases, it is reported, “there is no compulsory imposition and no punishment meted on those who do not pay taxes”. According to Morada: “[t]he use of force in carrying out taxation is only resorted to against businesses, projects and operations of class enemies, imperialist agencies and the reactionary government, but only when they adamantly refuse to pay their tax obligations to the revolutionary government”. The relevant extracts follow:
There are three layers in the class application of revolutionary taxation – on class enemies, on allied classes, and on the beneficiaries of agrarian revolution. Revolutionary taxation is progressive in character because its percentages and level of strictness is class-based. The bulk of revolutionary taxes – up to 90% – is collected from the exploiting and oppressing ruling classes. It is minimal and voluntary on the part of the democratic classes, especially on the part of the toiling masses. The opposite is true in the case of taxation imposed by the reactionary government, which is progressive only in name but in reality is regressive because it encourages wealth even as it taxes poverty.


Revolutionary taxation is applied secondarily to the operations of the allied classes, such as the medium-size businesspeople and rich peasants. But in reality, there is no compulsory imposition and no punishment meted on those who do not pay taxes. There are really no formal computations, only proposals that allow accommodations for reasonable deferments and other considerations, especially because of the existence of good relations and mutually satisfactory alliances.
Revolutionary taxation is also carried out among peasants, workers and semiproletarians due to the certain increase in their income as a result of victories in revolutionary land reform and other agrarian struggles. The amount is small, for instance, 2% of the net income of poor tenants who have benefited from the reduction of land rent. But all of this is voluntary and is happily contributed by those who have benefited from the decisive role played by revolutionary political power. The beneficiaries provide support for the advance of the revolutionary movement of which they are a part. There is no compulsory imposition on them, and in reality, it is the beneficiaries who make their own estimation of the amount to be provided to the revolutionary movement.


References:
September 10, 2013
September 10, 2013

Communist Party of the Philippines-New People's Army- National Democratic Front by: Kimberly Dantes and Jansen Navales




COMMUNIST PARTY OF THE PHILIPPINES- NEW PEOPLE’S ARMY- NATIONAL DEMOCRATIC FRONT
By Kimberly Dantes
Jansen Navales

“…Complacency would be the very bullet that would kill our freedoms and altogether drive us into the dimly pit of uncertainty under a Maoist communist dictatorship. This is the very same attitudinal response/reaction that caused the demise of freedom and democracy in South Vietnam, Kampuchea, Laos, and recently Nepal. We surmise that the citizens of these countries not only failed to do their share in the defense of their freedoms and rights, especially the right of choice, speech, and to live as a family, but did not lift a finger to confront and oppose the onslaught of the communist forces.”
  • Jun M. Alcover, ANAD Partylist, 2009


The statement above shows how people define the CPP-NPA-NDF in the Philippines. They define each group as a group that uses force to oust the Philippine government. People see them as people who create terror and contribute nonetheless to peoples’ suffering. In fact, some members of the society aim mostly almost the same and that aim is to stop these so-called rebel groups in order to stop the war between them and the members of Philippine military troops.
However, this group claims to have its purpose contrary to how people define them. In order to understand the CPP-NPA-NDF group, we need to dig into the world of history. In doing so, the following summary is given below:
  1. History of:
CPP – Communist Party of the Philippines
NPA – New Peoples’ Army
NDF – National Democratic Front of the Philippines


  • Protracted Peoples’ War
  • First Great Rectification Movement
  • Second Great Rectification Movement
  1. Ideology (CPP,NPA and NDFP)
  2. Aims/Purpose of each Group
  3. Financial Assistances




  1. History/Origin of CPP-NPA-NDF
On Communist Party of the Philippines (CPP)…
The Communist Party of the Philippines is a leading communist party in the Philippines. It remains an underground political organization since its founding on December 26, 1968 and has been operating in underground manner.
According to Party documents, in the 1960s, a massive leftist unrest called First Quarter Storm occurred in the country to protest against the government policies, graft and corruption and decline of the economy during the presidency of Ferdinand Marcos. The unrest was also inspired by the Great Proletarian Cultural Revolution, the Vietnam War and other revolutionary struggles abroad against United States imperialist aggression.
One of the leaders of this leftist movement was Jose Maria Sison, a founder of Kabataang Makabayan. He was soon recruited to be a member of Partido Komunista ng Pilipinas (PKP-1930).
On New Peoples’ Army (NPA)…
New Peoples’ Army (NPA) is the military wing of the Communist Party of the Philippines (CPP) and is a Maoist group formed in March 1969.
The New People's Army (NPA) conducts its armed guerrilla struggle based on the strategical line of protracted peoples’ war. They collect from business owners in areas where it operates. This includes mining and logging operations - especially foreign owned enterprises that provides employment to the people with the belief that crippling the country's economy would give favor for a revolution to occur. The Communist Party of the Philippines refers to the NPA as "the tax enforcement agency of the people’s revolutionary government".
The U.S. State department labeled the NPA as a Foreign Terrorist Organization; however, the Government of the Philippines has delisted the NPA as a terrorist organization in 2011 and has resumed preliminary peace talks.
The New People's Army traces its roots to the HUKBALAHAP ( or Huks), which was organized by the old Partido Komunista ng Pilipinas (PKP) during the Second World War to oppose to the Japanese invasion of the islands. During the war, the Huks gained immense local support, establishing a mass base in whole areas of Central Luzon and in parts of Southern Tagalog region.
However, by the late 1950s, the Huks had been greatly reduced by intense military operations (aided by the U.S. through the C.I.A.) and winning "hearts and minds" tactics under the Magsaysay Administration.
This was aggravated by the old PKP's political and strategic line which constantly changes its appreciation for an armed struggle. By the early parts of the 1960s the Huks were operating in small groups, some resorting to banditry and other similar criminal acts.
On December 26, 1968, the Communist Party of the Philippines was re-established on Marxist-Leninist-Mao Zedong Thought line. Adopting the strategy of protracted people's war, the CPP immediately went about organizing a new people's army. The CPP had previously made contact with former members of the Hukbong Mapagpalayang Bayan (HMB) - to which the Huks changed their name in the 50s - in Central Luzon. On March 29, 1969, the New People's Army or NPA was formed. It had only 72 fighters and was equipped with light weapons. After its initial formation, the CPP and the NPA dispersed and established regional cells in several parts of the country.


On National Democratic Front (NDF)…
The National Democratic Front (NDFP) is a coalition of progressive social and economic justice organizations, agricultural unions, trade unions, indigenous rights groups, leftist political parties, and other related groups in the Philippines. It belongs to the much broader National Democracy Movement (Philippines). The creation of the group provides another base of strength for the achievement of their goal.

PROTRACTED PEOPLES’ WAR…
On March 29, 1969, the New People's Army was established and on April 24, 1973 the National Democratic Front (Philippines).
Afterwards, the CPP launched the "protracted people's war" a strategical line developed by Mao Zedong during the phase of guerrilla warfare of the Communist Party of China. The ultimate objective is to install a "people’s revolutionary government" via two-stage revolution: National Democratic Revolution followed by a Socialist Revolution.
The basic concept behind People's War is to maintain the support of the population and draw the enemy deep into the interior where the population will bleed them dry through a mix of 'Mobile Warfare' and Guerrilla warfare.
FIRST GREAT RECTIFICATION MOVEMENT
The reestablishment was considered by the party as the First Great Rectification Movement, criticizing the errors of the old Party. The CPP adheres to Marxism-Leninism-Maoism as its guiding ideology in analyzing and summing up the experience of the party and its creative application to the concrete conditions in the Philippines in fighting US imperialism, feudalism and bureaucrat capitalism. It considers Maoism as the highest development of Marxism-Leninism.
It considers the Philippine society as semi-colonial and semi-feudal, the character of the present revolution as national democratic of the new type (led by the proletariat), the motive forces, the targets, the strategy and tactics and the socialist perspective of the Philippine revolution.
SECOND GREAT RECTIFICATION MOVEMENT
It is an essentially ideological campaign to reaffirm the CPP-NPA-NDFP’s adherence to basic revolutionary principles. This was apparently successful and the revolutionary armed Left grew steadily and gradually in the latter part of the 1990’s. The cumulative growth eventually led to a general acknowledgement that the government’s earlier declaration of “strategic victory” was premature.
  1. Ideology
CPP-NPA-NDF, being a communist ideology and political philosophy, officially based upon the theories of Karl Marx, Friedrich Engels and Vladimir Lenin that promotes the creation and development of an international communist society through the leadership of a front line party presiding over a revolutionary socialist state that represents a dictatorship of the proletariat.
Marxism–Leninism is a far-left ideology based on principles of class conflict, egalitarianism, dialectical materialism, rationalism, and social progress. It is anti-bourgeois, anti-capitalist, anti-conservative, anti-fascist, anti-imperialist, anti-liberal, anti-reactionary, and is opposed to bourgeois democracy.
Marxist-Leninist principles seek to wash out anything considered bourgeoisie or idealist from it. It seeks to achieve universal atheism. It supports the creation of a single-party state.
  1. Aims/Purposes of each Group
The aim of these groups (CPP, NPA, NDFP) is primarily to achieve changes in the Philippine government although probably with different means. The changes that they aimed for a long time were deprived under different circumstances. Thus, this deprivation lightens the fire that was burned in their hearts long ago.

The CPP has its aim to overthrow the Philippine government through armed revolution with its direct leadership over the New People's Army and National Democratic Front. Because of its direct relationship towards the NPA and NDFP, the creation the two strengthens the CPP to achieve its aim to remove from power the officials of the Philippine Government claiming that these officials are good for nothing and is greatly under the influence of capitalism thus, undermining the peoples’ welfare.
As for the NDFP, their aims are listed below: Unite the people for the overthrow of the semi-colonial and semi-feudal system through a people’s war and for the completion of the national democratic revolution, establish a people’s democratic republic and a democratic coalition government, build the people’s revolutionary army and the people’s defense system, uphold and promote the people’s democratic rights, terminate all unequal relations with the United States and other foreign entities, Implement genuine agrarian reform, promote agricultural cooperation, raise rural production and employment through the modernization of agriculture and rural industrialization and ensure agricultural sustainability, Break the combined dominance of the U.S. and other imperialists, big compradors and landlords over the economy, carry out national industrialization and build an independent and self reliant economy, adopt a comprehensive and progressive social policy, promote a national, scientific and pro-people culture, uphold the rights to self-determination and democracy of the Moro people, Cordillera peoples and other national minorities or indigenous peoples, advance the revolutionary emancipation of women in all spheres and adopt an active, independent and peaceful foreign policy.
The way people looked at it, they refer the acts of these groups as rebellious and creates tremor to the lives of the people directly and/or indirectly affected by their acts. They even hated them having known that they threatens the lives of everyone. However, knowing all this and more, these groups also have their aims in their hearts to do the necessary things regardless of whatever means in order to achieve victory over the other.

  1. Financial Assistances
The financial assistances were taken from the so-called revolutionary taxes of these groups. This is done by collecting taxes mostly to foreign internationals and other businessmen whom they considered as bourgeoisie or capitalists. From the money they collected from it, it where they get their living and financial assistances to other needs for defense as well as offense purposes.
Sources:
Uncounted Lives Children, Women and Conflict in the Philippines A needs assessment of children and women affected by Armed Conflict, IBON foundation,2007, Luis Teodoro, pp 10-13
http://en.wikipedia.org/wiki/National_Democratic_Front_(Philippines), published on July 2012 and accessed on September 2013.


Incidents of CPP-NPA by: Kenn Michael T. Eltagon



Bukidnon-Dole and Del Monte
MALAYBALAY CITY (MindaNews/20 February) —  About a hundred members of the New People’s Army (NPA) simultaneously attacked the main compound of Del Monte Philippines Inc. (DMPI) in Camp Phillips, Manolo Fortich, Bukidnon and the compound of Dole Philippines in Impasug-ong town Tuesday, killing a security guard and injuring three others.
Bukidnon. Gov. Alex Calingasan confirmed the report. He said the rebels launched simultaneous attacks early evening Tuesday with the DMPI compound as main target.
A report from the Army’s 4th Infantry Division based in neighboring Cagayan de Oro said some 50 members of the NPA’s Guerilla Front 89  under alias Bagwis, Piton, Ambo and Arche,  launched the attack in DMPI.
Lt. Col. Osias, spokesperson of the 4th ID,  said the rebels on board trucks, vans and motorcycles arrived in Camp Phillips at around  6  p.m. Tuesday and immediately proceeded to the Del Monte truck parking facility and burned  a tractor, truck sprayer and a truck.
Simultaneously, Calingasan said, some 30 rebels also attacked the Dole Philippines compound in La Fortuna, Impasug-ong town near the Atugan bridge, seizing two shot guns from the guards on duty.
Jorge  Madlos, National Democratic Front (NDF) Mindanao spokesperson, owned the attack in an interview aired over a radio station in neighboring Cagayan de Oro Tuesday evening.
The rebels reportedly disarmed three policemen from Manolo Fortich  who were on their way to respond to the incident in La Fortuna, according to a  report Calingasan.
The report said the rebels used two forward trucks, two passenger vans, and two motorcycles to retreat to the direction of Dahilayan and nearby areas.
Hundreds of motorists and commuters were stranded along a 78-kilometer stretch of the Sayre Highway, from Puerto in Cagayan de Oro to Kalasungay in Malaybalay City. There were reports both the NPA and police set up roadblocks along the highway. Bukidnon board member Jay Albarece said there were iron bar spikes or suyak along the road from Cagayan de Oro.
Osias identified the slain security guard as Alfredo Neri and the injured as Franklin Millanes and Jofol Jumawan  of the Kadre Security Forces and General Services—a private security agency contracted by Del Monte.
Resident physician Larson Taruq of the Camp Phillips Memorial Hospital said Neri succumbed to two gunshot wounds in his upper right torso.


Surigao
UPDATED - 10:10 p.m.) MANILA -  Officials confirmed late Monday that all of the three hostages in Surigao del Norte have been released after hours of tension caused by fighting between government troops and New People's Army rebels. Interior and Local Government Secretary Jesse Robredo confirmed that the hostages were released between 3 p.m. and 3:30 p.m. The hostages were released 30 kilometers from the site where they were taken at the Taganito Mining Corp.

"All the hostages have been released. Medyo malaki ang damage sa Taganito mining site," Robredo said, adding that around "75 percent" of the mining facilities were destroyed after the suspects bombed and burned the mining compound.

Initial reports indicated that the suspects launched the attacks at 10:30 a.m., at the Taganito Mining Corp. in Barangay Taganito, the Platinum Metals Group in Barangay Cadianano and THPAL Mining, all in Claver town.

Taganito Mining Corp. mainly engages in the exploration, mining and exporting of nickel ore in Claver, Surigao del Sur. As of 2010, TMC has shipped 11.0 million WMT of nickel ore. It has been shipping nickel ore to Japan since 1989, to Australia since 1999, and to China since 2007.

Platinum Group Metals Corp. mines nickel ore from its sites in Cagdianao, Surigao del Norte and in Isabela. Granted an environmental compliance certificate (ECC) back in 2007, PGMC's Surigao mine site has an approved production volume of 1.4 million metric tons of nickel ore per year. The mine site PGMC's Surigao mine covers a 4,376-hectare land in Surigao del Norte. It is under a 25-year Mineral Production Sharing Agreement (MPSA) while the Isabela mine's MPSA covers 2,392 hectares.

A Filipino-controlled company, PGMC claimed to be the only integrated mining and ferronickel company in the country with assets worth P3 billion.
Effects
The rebels said the firms "must immediately stop the expansion of their plantations,” reiterating its call “to end all their environmentally-destructive operations, landgrabbing and their exploitative and oppressive activities."
NPA launched the attacks  to send a message that DMPI has to stop operations, blaming the firm for the big damage wrought by Typhoon Sendong  in Cagayan de Oro in December 2011.
 DMPI and Dole Philippines are the same multinational corporations that allegedly abused laborers, amassed large plantation areas that could have been subjected to land reform, and damaged the environment.
NPA’s “punitive actions” appear to be the only way to stop the unabated expansion as the government is not able to stop it.
The communist group said it launched the attacks against Del Monte and Dole in defense of workers, peasants and Lumads who, according to the NPA, are “exploited” and “oppressed.”
The roadblocks were a “necessity” to prevent military reinforcement.
The rebels burned several trucks,  ransacked several  offices and left a security guard identified as Alfredo Neri dead and two others wounded. A habal-habal  (motorcycle) driver identified as Mario Ayuban was also shot and wounded in the thigh as he was about to answer a phone call.
Classes have been disrupted because children and their parents are still traumatized by the attack.
Burning mining equipment and taking several mining officers and guards.
Suspension of the operation of mining companies.
The release followed an attack by hundreds of alleged NPA rebels who launched successive raids against three mining companies in the province Monday morning, burning mining equipment and taking several mining officers and guards

Solution:
  • Stop the expansion of Pineapple plantation
  • Choose peaceful means to address the conflict
  • Not demand their revolutionary tax
  • Demands about the rights of displacing indigenous groups in their community.
  • Stop the extortion of the environment and natural resources




Sources:
http://www.abs-cbnnews.com/nation/regions/02/20/13/del-monte-laments-npa-attack-bukidnon




Child Soldiers by: Cherry Faith P. Bodiongan



Child soldiers are any one under the age of eighteen who is part of any kind of regular or irregular armed force or armed group in any capacity.
They perform a range of tasks like:
  • Participation in combats
  • Laying mines and explosives
  • Scouting/spying
  • Acting as decoys
  • Couriers or guards
  • Training drills and other preparations
Child soldiers are boys and girls who fight in adult wars, missing out on the safe childhood that many of us take for granted.
ON CHILDREN WISHING TO JOIN THE NEW PEOPLES ARMY (NPA)
The CPP said that it has resolved to adopt the explicit policy of a minimum age requirement of 18 years old for NPA fighters as early as 1988, upon noting a trend in the early – to mid- 1980s of markedly increasing numbers of teenagers joining the NPA.
The 1999 memo also amended Point 1 of Principle III of the basic rules of the NPA which read:
Anyone who is physically fit, regardless of age, sex, race, nationality or religion and has a capacity to fight and ready to participate in a protracted armed struggle against the reactionary state power, may be a member of a fighting unit of the New People’s Army.”
This was amended to read:
Any person who is at least 18 years of age and is physically and mentally fit, regardless of age, sex, race, nationality or religion, has the capacity to fight and is ready to participate in armed struggle against the reactionary state power, may become a combatant or a member of a fighting unit of the New Peoples Army.”
Any person, not less than 15 years of age, may be admitted as a trainee or apprentice of the New People’s Army and may be assigned to self-defense, militia and other non-combat units and tasks.”
In the event of enemy aggression against or encroachment on the territory of the people’s democratic government, all persons above 15 years of age may be mobilized for self-defense, provided that priority among those below 18 years of age but more than 15 years of age shall be given to the eldest ones in the distribution of weapons of self-defense.”


Why would children want to join the New People’s Army (NPA)?
Children who joined in this kind of activity have different grounds. Some have said that joining in this group will give them a pleasant future, they believe that by engaging in this kind of activity they will have a better life, they believe that they can escape poverty. Others have said that by joining, they can attain peace.
Some children have said that they have joined New People’s Army because of the influence of their friends and family. Just because his/her relative have joined in this group, that’s why they also want to join. Others have joined because they want to protect their ancestral land.
They may have different grounds on joining New People’s Army but they have one common reason on why they joined NPA, this is their need to change their status in life.
Sources:
  • What is child soldier? Retrieved from http://www.planusa.org/contentmgr/showdetails.php/id/2147
  • Retrieved from http://www.hrw.org/node/112941August 08, 2013
  • Child Soldiers. Retrieved from http://www.library.mun.ca/guides/howto/apa.php. September 07, 2013
  • IBON Foundation. (2006).Uncounted Lives: Children, Women and Conflict in the Philippines. pp.77-79






CPP-NPA Use of Landmines by: Jinny Queen D. Correos


Landmines
  • is an explosive device, concealed under or on the ground and designed to destroy or disable enemy targets as they pass over or near the device.
  • are typically detonated automatically by way of pressure from the target stepping or driving on it, though other detonation mechanisms may be possible. The device may cause damage either by a direct blast or by fragments that are thrown by the blast.

Landmines can be categorized as:
  • APM- Anti Personnel Mine
  • AVM- Anti Vehicle Mine
They can either be command-detonated or triggered by a victim who steps on it.

The New People's Army (NPA) continues to use command-detonated landmines in its guerrilla attacks against the police and the military. Landmines were widely used during World War II, and in succeeding conflicts including the Vietnam War, Korean War, and the first Gulf War.
According to the International Campaign to Ban Landmines (ICBL), almost all armed forces in the world deployed the weapons until the 1990s. The Nobel Peace Prize-winning campaign helped bring about the 1997 Ottawa Treaty or the Mine Ban Treaty, which significantly reduced landmine use across the world.
1997 Ottawa Treaty (Mine Ban Treaty)
The Ottawa Treaty, the Anti-Personnel Mine Ban Convention, or often simply referred to as the Mine Ban Treaty, but officially known as the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, aims at eliminating anti-personnel landmines (AP-mines) around the world. 
The Philippines ratified the treaty in February 2000, maintaining that it never produced and exported anti-personnel mines. The Armed Forces of the Philippines (AFP) claims it does not use these weapons against insurgents. But the NPA, the military arm of the Communist Party of the Philippines (CPP), does.
Jose Maria Sison, the founding chairman of the CPP, said that landmines are necessary to deter security forces from encroaching on the "territory of the people's democratic government" while the armed conflict is ongoing.
"Landmines are a poor man's weapon. Aerial bombing and artillery fire are weapons of those who oppress the people," - Sison


The Aquino government has criticized the NPA's continued use of this device, saying it violates laws on landmines and international humanitarian laws.
The National Democratic Front of the Philippines (NDFP), which represents the CPP and the NPA in the suspended peace negotiations with government, belies the accusation. 
"The use of command-detonated landmines by the NPA does not violate the Ottawa Treaty and its protocol. In this regard, the NDFP is well advised by an international legal advisory team composed of prominent lawyers who are experts in international law,“- Sison


The National Democratic Front of the Philippines (NDFP), which represents the CPP and the NPA in the suspended peace negotiations with government, belies the accusation. 
"The use of command-detonated landmines by the NPA does not violate the Ottawa Treaty and its protocol. In this regard, the NDFP is well advised by an international legal advisory team composed of prominent lawyers who are experts in international law,“- Sison


Judge Soliman Santos Jr, PCBL founding coordinator explained that command-detonated landmines, which are not banned under the Ottawa Treaty, can be regulated as "legitimate weapons of war." They require the presence of a person to observe the landmine position and detonate it to hit only legitimate targets.
Campaigners against landmines pointed out that the munitions are not only deadly, they also deprive rural communities of livelihood as lands become unsafe for agricultural activities, settlement, and transit during or after an armed conflict.
The ICBL believes that the weapons still pose "a significant and lasting threat" to civilian populations. "Peace agreements may be signed, and hostilities may cease, but landmines and explosive remnants of war (ERW) are an enduring legacy of conflict," the ICBL stated in its 2012 report.
The NDFP sticks to its 2005 proposal to have "an agreement of truce and alliance on the basis of a general declaration of common intent to realize full independence, democracy, and economic development through national industrialization and land reform."
"If there is such an agreement, the armed conflict ceases and there is no more need for land mines, aerial bombs and artillery fire or any other kind of weapon," Sison explained.


But the government has already abandoned the old process which the communists continue to uphold.
In a statement, Presidential Adviser on the Peace Process Teresita Quintos Deles said:
"the government is currently developing a 'new approach' for the negotiations as a sign of its continuing commitment to deliver a peaceful resolution of the armed conflict in the country after it has yet again reached an impasse."




Sources:


Sunday, September 29, 2013

Philippine Constitution 1987 by: Tina Abigail B. Purganan



What is constitution?

A constitution is a system for government, codified as written document, which contains fundamental laws and principles. It usually contains fundamental political principles and establishes the structure, procedures, powers, and duties for a government.

        The Constitution of the Philippines 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 laws experts recognize three other previous constitutions as having effectively governed the country – the 935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. Constitutions for the Philippines were also drafted and adopted during the short-lived governments of Presidents Emilio Aguinaldo (1898) and Jose P. Laurel (1943).

  
Name and purpose of Constitution
1.       It serves as the supreme or fundamental law

2.       It established  basic framework and underlying principles of government


Constitutional Law
Body of law derived from country’s written constitution. It lay down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.


Kind of Constitution
1.       As to their origin and history

a.       Conventional or enacted

b.      Cumulative or evolved



2.       As to their form

a.       Written

b.      Unwritten



3.       As to manner of amending them

a.       Rigid or inelastic

b.      Flexible or elastic


Constitution distinguished from Statute
1.       Constitution is a legislation direct from the people

2.       Constitution merely states the general framework of the law

3.       Constitution is intended not merely to meet existing conditions but to govern the future

4.       Constitution is the supreme or fundamental law

Statute

1.       Is legislation from the people’s representatives.

2.       It provides the details of the subject of which it treats

3.       It intended primarily to meet existing conditions only

4.       Statute conforms to Constitution.



Part of the 1987 Constitution

The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The Articles are as follows:

Article I – National Territory

Article II – Declaration of Principles and State Policies

Article III – Bill of Rights

Article IV – Citizenship

Article V – Suffage

Article VI – Legislative Department

Article VII – Executive Department

Article VIII – Judicial Department

Article IX – Constitutional Commission

Article X – Local Government

Article XI – Accountability of Public Officers

Article XII – National Economy and Partimony

Article XIII – Social Justice and Human Rights

Article XIV – Education, Science and Technology, Arts, Culture and Sports

Article XV – The Family

Article XVI – General Provisions

Article XVII – Amendments or Revisions

Article XVIII – Transitory Provisions






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 human 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 established 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 judiciary.





Historical Constitution

  • Malolos Constitution (1899)
  •  Commonwealth and Third Republic (1935)
  • Japanese Sponsored Republic (1943)
  • Martial Law Constitution (1973) 
  •  Freedom Constitution (1986)













Basic Principles Underlying the New Constitution
Recognition of the Aid of Almighty God

Sovereignty of the People

Renunciation of war as an instrument of national policy

Supremacy of civilian authority over military

Separation of Church and State

Recognition of the importance of the family as basic social institution and of the vital role of youth in nation building

Guarantee of human rights

Government through suffrage

Separation of Power

Independence of Judiciary

Guarantee of local autonomy

High sense of public service morality and accountability

Nationalization of natural resources and certain private enterprises affected by public interest

Non – suability of the state

Rule of the majority; and

Government of laws and not men.


Sources:

 "People Power: An Eyewitness History:" (1986). Kyodo Printing Co., Inc. James B. Reuter, S.J., Foundation, Manila, Philippines

Carmilo, Charmaine (2012). "Introduction to Philippine Constitution". Slideshare.net. Retrieved from http://www.slideshare.net/chariecamilo/introduction-to-philippine-constitution-1987