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Readings in Philippine History Lecture Notes, Lecture notes of History

Basic Taxation Principles in the Philippines, Powers of the State, Taxation System in the Philippines, TRAIN Law, Land and Agrarian Reform, Historical Development of Agrarian Reform in the Philippines, Basics of the Philippine Constitution, Nature of Constitution, Types of Constitution, Constitutional Amendment and Revision, Historical Development of the Philippine Constitution

Typology: Lecture notes

2022/2023

Available from 03/29/2024

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READINGS IN PHILIPPINE HISTORY | FIRST SEMESTER
BASIC TAXATION PRINCIPLES
POWERS OF THE STATE
Three Inherent Powers of the State
1. Police Power
- The state's power to enact laws to
promote public safety and order,
public health, public morals,
education, and general welfare.
2. Power of Eminent Domain
- The power of the state to take
private property for public purposes
upon payment of a just
compensation.
- Examples: road widening,
construction of highways
3. Power of Taxation
- The power of the state to exact
proportional contributions from its
people to cover the cost of
government expenditure.
TAXATION
- Is the inherent power of the state to demand
contributions for public purposes.
- Taxes will be used for government
operations and contributions to nation-
building projects.
Taxes
- Are the enforced proportional contributions
from persons and property levied by the
lawmaking body of the state by virtue of its
sovereignty for the support of the
government and all public needs
TAXATION SYSTEM
Bureau of Internal Revenue (BIR)
- Shall be under the supervision and control
of the Department of Finance
- (BIR MANDATE) Its powers and duties shall
comprehend the assessment and collection
of all internal revenue taxes, fees, and
charges, and the enforcement of all
forfeitures, penalties, and fines connected
therewith
- Includes the execution of judgments
in all cases decided in its favor by
the Court of Tax Appeals and the
ordinary courts.
- Shall give effect to and administer the
supervisory and police powers conferred to
it by the Internal Revenue Code or other
laws.
Commissioners of Internal Revenue
- Caesar R. Dulay (2020)
- Kim Jacinto Henares (former commissioner;
before Dulay)
- Joel Y. Tan-Torres (former Head of the
Board of Accountancy)
TRAIN LAW
Tax Reform for Acceleration and Inclusion
- Republic Act no. 10963
- Amending numerous sections of the
Republic Act No. 8424, National Internal
Revenue Code of 1997 (Tax Code)
- January 1, 2018
- Nagkaroon ng tax reforms which is
the TRAIN Law
ESSENTIAL CHARACTERISTICS OF TAXES
- It is an enforced contribution since it is a
power of the state.
- Tax evasion- failure to pay taxes
- It is generally payable in money.
- It is proportional in character.
- Only a portion of an income is
subjected to taxation.
- It is levied on persons or property.
- Imposed on owners/people and their
properties.
- It is levied by the state that has jurisdiction
over the person or property.
- Imposed by the local government
that has jurisdiction over the person
and their property.
- It is levied by the lawmaking body of the
state.
- Legislative
- It is levied for public purposes
- It is commonly required to be paid at regular
periods or intervals.
- Monthly- income (sahod)
- Quarterly- value-added taxes
- Annually- income taxes, income
taxes on business, corporate income
taxes
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BASIC TAXATION PRINCIPLES

POWERS OF THE STATE

Three Inherent Powers of the State

1. Police Power - The state's power to enact laws to promote public safety and order, public health, public morals, education, and general welfare. 2. Power of Eminent Domain - The power of the state to take private property for public purposes upon payment of a just compensation. - Examples: road widening, construction of highways 3. Power of Taxation - The power of the state to exact proportional contributions from its people to cover the cost of government expenditure. TAXATION

  • Is the inherent power of the state to demand contributions for public purposes.
  • Taxes will be used for government operations and contributions to nation- building projects. Taxes
  • Are the enforced proportional contributions from persons and property levied by the lawmaking body of the state by virtue of its sovereignty for the support of the government and all public needs TAXATION SYSTEM Bureau of Internal Revenue (BIR)
  • Shall be under the supervision and control of the Department of Finance
  • (BIR MANDATE) Its powers and duties shall comprehend the assessment and collection of all internal revenue taxes, fees, and charges, and the enforcement of all forfeitures, penalties, and fines connected therewith
  • Includes the execution of judgments in all cases decided in its favor by the Court of Tax Appeals and the ordinary courts.
  • Shall give effect to and administer the supervisory and police powers conferred to it by the Internal Revenue Code or other laws. Commissioners of Internal Revenue
  • Caesar R. Dulay (2020)
  • Kim Jacinto Henares (former commissioner; before Dulay)
  • Joel Y. Tan-Torres (former Head of the Board of Accountancy) TRAIN LAW Tax Reform for Acceleration and Inclusion
  • Republic Act no. 10963
  • Amending numerous sections of the Republic Act No. 8424, National Internal Revenue Code of 1997 (Tax Code)
  • January 1, 2018
  • Nagkaroon ng tax reforms which is the TRAIN Law ESSENTIAL CHARACTERISTICS OF TAXES
  • It is an enforced contribution since it is a power of the state.
  • Tax evasion- failure to pay taxes
  • It is generally payable in money.
  • It is proportional in character.
  • Only a portion of an income is subjected to taxation.
  • It is levied on persons or property.
  • Imposed on owners/people and their properties.
  • It is levied by the state that has jurisdiction over the person or property.
  • Imposed by the local government that has jurisdiction over the person and their property.
  • It is levied by the lawmaking body of the state.
  • Legislative
  • It is levied for public purposes
  • It is commonly required to be paid at regular periods or intervals.
  • Monthly- income (sahod)
  • Quarterly- value-added taxes
  • Annually- income taxes, income taxes on business, corporate income taxes
  • One-time tax transactions- documentary stamp taxes TYPES OF TAXES Capital Gains Tax
  • A tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Philippines. Documentary Stamp Tax
  • A tax on documents, instruments, loan agreements, and papers evidencing the acceptance, assignment, sale, or transfer of an obligation, rights, or property incident thereto. Donor’s Tax
  • Type of transfer tax between living people (bigay or donation)
  • A tax on a donation or gift, and is imposed on the gratuitous transfer of property between two or more persons who are living at the time of the transfer.
  • Exemption: 250,000 per year Estate Tax
  • Type of transfer tax between a deceased person and their beneficiary (mana)
  • A tax on the right of the deceased person to transmit their estate to their lawful heirs and beneficiaries at the time of death and on certain transfers which are made by law as equivalent to testamentary disposition.
  • Deduction standard: 5 million (anything lower is not subjected to deduction)
  • Family home deduction standard: 10 million Percentage Tax
  • A business tax imposed on persons or entities who sell or lease goods, properties, or services in the course of trade or business whose gross annual sales or receipts do not exceed a certain threshold and are not VAT-registered.
  • If the income threshold is not met, then percentage tax ang ipapataw ng BIR sa business Value-Added Tax
  • A business tax that is imposed and collected from the seller in the course of trade or business on every sale of properties (real or personal), lease of goods or properties (real or personal), or vendors of services.
  • It is an indirect tax, thus, it can be passed onto the buyer.
  • VAT rate:12% Income Tax
  • A tax on all yearly profits arising from property, profession, trades, or offices or as a tax on a person’s income and profits.
  1. Individual Income Tax
  • Imposed on individual persons
  1. Corporate Income Tax
  • Imposed on businesses, partnerships, and corporations except general profession partnerships. Withholding Tax on Compensation
  • The tax is withheld from individuals receiving purely compensation income.
  • Withhold by the employer on one’s income LAND AND AGRARIAN REFORM LAND REFORM
  • Refers to a narrower redistribution of land, usually to a limited group of beneficiaries.
  • Land reform entails a change in agrarian structure resulting in increased access to land by the rural poor and secured tenure for those who actually work the land.
  • The primary aim is to break landlord power by providing land to farmers. AGRARIAN REFORM
  • The redistribution of land regardless of the commodity produced and tenurial arrangement to farmers and regular farm workers, who are landless covering all public and private agricultural land.
  • Has the provision of infrastructure, services, and sometimes a whole program of narrower redistribution of land.
  • Aims to empower poor peasants and to alter the agrarian and class structure of the rural society. PEASANTS
  • The agricultural proletariat was not technically a peasantry but landless rural

Japanese Period Hukbong Bayan Laban sa mga Hapon (HUKBALAHAP)

  • Controlled whole areas of Central Luzon
  • Landowners who supported the Japanese lost their lands to peasant farmers
  • Landowners who supported hukbalahap earned fixed rentals in fabor of the tenants Manuel Roxas Philippine Rice Share Tenancy Act
  • RA 34
  • Established 70-30 sharing between landlords and tenants
  • Reduced interest to 8% Elpidio Quirino Land Settlement Development Corporation (LASEDECO)
  • Created to strengthen the resettlement program Ramon Magsaysay
  • Court of Agricultural Relations
  • Agricultural Tenancy Commission and Agricultural Credit and Cooperative Financing Administration (ACCFA) National Resettlement and Rehabilitation Administration (NARRA)
  • Accelerated the resettlement program (LASEDESCO) Agricultural Tenancy Act
  • RA 1199
  • Protect the tenurial rights of tenants and enforces tenancy practice Diosdado Macapagal Agricultural Land Reform Code
  • RA 3844
  • Major stride in land reform
  • Congress did not make ny effort to come up with a bill to fund its implementation
  • Landlord-dominated congress, therefore, nagbebenefit sila sa current system Features:
  • It made the farm workers owners of the land they cultivate
  • It abolished tenancy and leasehold system
  • An area can only be touched if the land is declared subject to land reform Ferdinand Marcos
  • Declared martial law to wipe out the landlord-dominated congress Department of Agrarian Reform
  • RA 6389
  • The agency under executive department of the Philippine Government responsible for the redistribution of agrarian land in the Philippines.
  • It is the lead implementing agency of the Comprehensive Agrarian Reform Program (CARP) and rural development programs in the country. Code of Agrarian Reform of the Philippines
  • PD no. 27 Masagana ‘
  • Farmers were able to borrow from banks and purchase three-hectare plot of lands and agricultural inputs Corazon Aquino Comprehensive Agrarian Reform Law (CARL)
  • RA 6657
  • redistribution of agricultural lands to tenant- farmer from landowners, who were paid in exchange by the government through just compensation and allowed them to retain not more than five hectares
  • Distributed land can only be passed down to immediate family members and cannot be sold. Hacienda Luicita
  • 22.5% was given back to the government (Corazon Aquino)
  • 58.24% (Fidel Ramos)
  • 900K farmers were given assistance (GMA)
  • 500K hectares was given back (Benigno Aquino) Fidel Ramos Comprehensive Agrarian Reform Program (CARP)
  • Implementation was speeded in order to meet the ten-year frame (RA 8532) Gloria Macapagal Arroyo
  • Signed RA 9700 or Comprehensive Agrarian Reform Program Extension
  • Extended the deadline (+5 years)

BASICS OF PHILIPPINE CONSTITUTION

CONSTITUTION

  • Supreme Law of the Land
  • Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. NATURE OF CONSTITUTION
  • Serves as a fundamental law
  • Establishes basic framework and underlying principles of the government
  • Tells relationship between states and its organs, institutions, agencies and citizens
  • It embodies the ideals and aspirations of the Filipino people and the promotion of its welfare. TYPES OF CONSTITUTION According to Origin and Development a. Conventional or Enacted
    • Formal
    • A constitutional convention is held in order to draft the constitution b. Cumulative or Evolved
    • Informal
    • Accumulation of rules and traditions that are passed on by word of mouth According to Form a. Written
    • Conventional constitution
    • Documented b. Unwritten
    • Cumulative constitution According to the Amendatory Process a. Flexible or Elastic
    • Relatively easy to amend
    • May be amended by the ordinary process of legislation b. Rigid or Inelastic
    • Difficult to change because of a prescribed process of amendment that is detailed and lengthy in execution **REQUIREMENTS OF A GOOD WRITTEN CONSTITUTION Form
  1. Brief**
  • Must be concise and provide the basics
  • Details are to be supplied by enabling laws 2. Broad or Comprehensive
  • It must cover the whole are of government 3. Definite or Precise
  • Should not be open to interpretation **Contents
  1. Constitution of Government**
  • Collective term that refers to the group of provisions that deals with the structure or framework of the government
  • The powers and functions to be performed by each branch 2. Constitution of Liberty
  • Groups of provision emanating the basic rights of people
  • The Bill of Rights 3. Constitution of Sovereignty
  • Provision pertains to the mode or manner of introducing changes to the fundamental law as well as pointing out the procedure of revisioning CONSTITUTION VS. LAW Source and Origin
  • Constitution is considered legislation direct from the people
  • Statute (written law) is legislation processed by representatives elected by the people Nature and Purpose
  • Constitution provides a general framework of the law and the structure of government
  • Forward-looking
  • Statute gives or explains in detail its subject
  • Intended principally to respons to the exigencies (needs) of present or existent conditions
  • Peace and order INTERPRETATION OF THE CONSTITUTION
  • Is a function that belongs to the judiciary under the doctrine of judicial review Doctrine of Judiciary
  • Means that when courts are asked to enforce statues, they must compare them with the constitution
  • Anti-government movements (plaza miranda bombing)
  • Manipulated an ongoing Constitutional Convention and caused the drafting of a new constitution (1973 Constitution)
  • Allowed him to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced by a parliamentary one 1987 Constitution- Freedom Constitution
  • Largely modelled on the American Constitution
  • Also incorporated Roman, Spanish, and Anglo Law Constitutional Commission
  • Headed by Cecilia Monoz Palma
  • 48 members
  • Drafted in 133 days
  • Ratified by the people in a plebiscite held on February 2, 1987 Issues to be addressed
  • Form of government
  • Continued retention of the Clark and Subic American Military Bases
  • Integration of economic policies into the constitution SALIENT FEATURES OF THE 1987 CONSTITUTION
  • Established a representative democracy with power divided among three separate and independent branches of the government **Branches of the Government
  1. Executive**
  • President and Vice President
  • Authority to appoint cabinet
  • Enforce and approve laws 2. Bicameral Legislature
  • Authorized to make laws, alter, and repeal them through the power vested in the congress
  • Senate (upper house) and Congress (lower house) 3. Judiciary
  • Supreme court and lower courts
  • Power to settle controversies involving rights that are legally demandable and enforceable
  • Settlement of legal controversies **Independent Constitutional Commissions
  1. Commission on Audit**
  • Power to audit and examine accounts pertaining to revenue and expenditures of the government 2. Civil Service Commission
  • Regulate the employment and working conditions of civil servants 3. Commission on Elections
  • Premier guardian of the ballot
  • Enforce and administer all laws and regulations relative to the conduct of elections Bill of Rights
  • Guaranteed fundamental civil and political rights
  • Provided for free, fair, and periodic elections THE PREAMBLE
  • Prologue of the constitution and it introduces the main subject
  • May serve as an aid in interpretation It sets down origin and purposes a. States the authors of the Constitution and for whom it has been promulgated b. States the general purposes, which are intended to be achieved by the Constitution and the Government established under it and certain basic principles underlying the fundamental charter THE PREAMBLE 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 blessing 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.