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ARTICLENational Economy and XIIPatrimony
NATIONAL ECONOMYDEFINITIONS
All economic activities within the country
NATIONAL PATRIMONY
Natural resources of the country within the constitution
SECTION 1
THREE-FOLD GOALS OF ECONOMY
EQUITY
g
PRODUCTIVIYW
RO
TH
EQUITY
Equal protection
clause
controlled monopoly
fair competition
&trade
employment
Income opportunity
IN
DU
STR
Y
SER
VIC
E
AG
RIC
ULTU
RE
GROWTH & PRODUCTIVITY
Why promote industrialization, and full employment based on sound agricultural development and agrarian reform
= Philippines has a high population= industrialization generates high employment= Philippines has a high agricultural base= the “tigers of Asia” anchored their industrialization on agriculture
Philippine gov’t exclusively defines what
is unfair trade or competition
PROTECTION FROM unfair foreign competition
BUT…The gov’t rejects
absolute protectionism
Otherwise, face retaliation
GOAL AND GUIDE FOR PROVISIONS?
…a self-reliant and independent
national economy controlled by Filipinos
ARTICLE II SEC. 19
REGALIAN DOCTRINE
SECTION 2
The state owns all lands of public domain
ALIENATE
To transfer or revoke ownership of property
QUESTION
WHY DID WE ADOPT
THE
REGALIAN
DOCTRINE?
necessity
NATIONAL DEFENSEPrevent the extension of foreign control
Prevent the country from becoming a cause of international conflict, endangering the welfare of the people
NOWNOState is more active
State granted natural resources by license/concession/lease
Undertake its development directly
Enter joint productions with citizens or groups with 60% capital owned by citizens
THEN
Enter agreements with foreign groups for large-scale exploration of resources (president notifies Congress within 30 days)
“With the exception of
agricultural lands, all other
natural resources shall not
be alienated”
The sate will not alienate natural resources, even to citizens
Only agricultural
lands may be alienated
Groups with 60% capital owned by Filipinos may join
handling the resources (period of 25 yrs.)
MARINE WEALTH
Use of maritime wealth, territorial sea and EEZ is
reserved for citizens
Corporations must be fully owned by Filipinos
CONDITIONS
FOR USE
EXCEPTIONUses for irrigation, fisheries, industrial uses other than water power
Groups with 60% capital owned by Filipinos may join handling the resources (period of 25 yrs.)
Limit on water depends on the benefit of the joint effort.
Congress may allow use of small unit for citizens with fishermen as the priority.
Can aliens leaselands of public domain
Lease = agreement to use property within a timeframe
no
It would violate Section 2.They may lease a private land.They may have the right to buy real property (land/immovable properties) if granted Filipino citizenship.
WHO CLASSIFIES PUBLIC LANDS?
Exclusively the executive department
PRESIDENT MAY CHANGE PUBLIC LAND TO BE ALIENABLE
It is his prerogative upon recommendation of the department head. Qualified individuals may acquire up to 12 hectares, private groups may not.
SECTION 3
CLASSIFICATIONS OF PUBLIC DOMAINS
NATIONAL PARKS
FOREST or TIMBER
AGRICULTURAL
MINERAL
FORESTS & PARKS
SECTION 4
Congress determines the limits of forests and national parkParks & forests are to be conserved or destroyed by law
Grant alienable & disposable
land to qualified citizens
LAND GRANT
Alternative for
“squatters”
Mode for acquiring public land to qualified citizens
Purposed to benefit
farmers and landless citizens
Recipient may spend for land’s titling &
surveying
Promotion of social
equity and justice
ANCESTRAL LANDS
SECTION 5
Protection of indigenous communities to their ancestral domain
ANCCESTRAL LANDOccupied portions of ancestral domain
ANCESTRAL DOMAINAll lands within and belonging to a cultural region not strictly occupied
ENTERPRISE & COMMON GOOD
SECTION 6
Free enterprise system = people can operate in business and risk their own resources
Capitalism is regulatedState shall intervene as necessary
WHO MAY ACQUIRE PRIVATE LANDS
SECTION 7 & 8
CORPORATIONS with 60% capital owned by citizens
?Filipino citizens&
Aliens, by succession
Natural born who lost citizenship(Transferee of private lands)
WHO MAY ACQUIRE PRIVATE LANDS
SECTION 7 & 8 ?(Natural born who lost citizenship)
WHY ALLOW THIS?
Those who migratedmaintain filial connections
National interestto encourage their nationalistic sentiment
Many desire to return& contribute
INDEPENDENT ECONOMIC AGENCY
SECTION 9
Congress may establish economic & planning agency headed by president
Highest economic policy planning organ
National Economic & Development Authority shall function as the independent planning agency of the gov’t
FILIPINO PREFERENCE
SECTION 10
Congress will choose investments of Filipinos or groups with 60% capital owned by Filipinos UPON THESE CONDITIONS:By recommendation of economic & planning agency National interest dictates so
FRANCHISE & UTILITY
SECTION 11
Right given by State on people/corporations1. Primary = right of group to exist &
act as a corporation2. Secondary = right of
person/corporation to exercise power & privileges
PUBLIC UTILITYBusiness organization supplying public service (electricity, water, transportation)
Granted to citizens & corporations with 60% Filipino-owned capital
SECTION 12
“FILIPINO FIRST”
FILIPINO FIRST
SECTION 12
DUTY OF STATE• Promote preference over
Filipino labour/products• Adopt measures to make
them competitiveDUTY OF PUBLIC• Buy products of one’s own
country
TRADE POLICY FOR GENERAL WELFARE
SECTION 13
f
High tariff/import
quota =Low tariff& relaxed
import control
Promotion of export industries
Total ban
Protect local industries
=++
Raise revenues &
foreign exchange
FILIPINO TALENTSECTION 14
Human ResourcesMost critical source of economic growth
State shall promote its pool of Filipino talent
PROFESSIONAL PRACTICE IS LIMITED TO FILIPINO CITIZENS, unless Congress provides so in cases of a treaty or reciprocity
COOPERATIVES
SECTION 15
WHAT?Business unit cooperating for specific service of mutual benefit to its members
instrument for economic development
instrument for social justice
increase income & purchasing power of community
may be consumers, producers, marketing,
service cooperatives
FORMATION, ORGANIZATION, REGULATION OF CORPORATIONS
SECTION 16
Prevent special treatment Congress can’t pass special laws for the welfare of a private corporationGovernment-controlled corporations may be created only for public interest
TAKE-OVER OF PRIVATE BUSINESS BY STATE in national emergency
SECTION 17
Done when public interest requires so or direct the operationMust not last beyond period of emergency President may declare state of nat’lemergency & exercise Sec. 17 w/out need of emergency powers
!
GOVERNMENT OWNERSHIP of business
SECTION 18
Establish & own vital industries (communications, etc.)
Transfer utilities & private businesses to public ownership by just compensation
THIS MEANS GOVERNMENT MAY:
DONE ONLY WHEN NATIONAL DEFENCE REQUIRES / NATIONAL WELFARE REQUIRES IT (ex. economized economy, foreign subjugation)
MONOPOLY(single seller
with power to control market price)
SECTION 19
State may regulate monopoly regardless of this provision [POLICE POWER]
Monopoly properly
regulated can serve public
interest
STATE
VS
BUT
CENTRAL monetary AUTHORITY
SECTION 20
Unless Congress says otherwise, Central Bank of the Philippines shall be the central monetary authority
Governing members must be natural-born Filipino citizens
CENTRAL monetary AUTHORITY responsibilities
SECTION 20
Provide policy directions for money
Regulate bank operations, finance institutions or financial companies
1 2 3 4Maintain price conducive to economic growth
Promote and stability & convertibility of peso
SECTION 21
TRANSPARENCY
over foreign loans
obtained/guaranteed
GOALS OF
SECTION 21
AVOIDtemporary passion of president
&
PREVENTinjudicious contracting of foreign loans
THE PEOPLE
SHOULDER THE
GOVERNMENT
ACTS AGAINST AR 12SECTION 22
Acts which circumvent/negate this article are criminal offensesTHIS ACT prohibits use of Filipino citizen as dummy in order to enjoy rights reserved for citizens or those qualified
SOURCES
http://www.slidesh
are.net/JudithFtlvr
/article-12-
national-economy-
and-patrimony
"THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE XII | GOVPH." Official Gazette of the Republic of the Philippines
Bernas, Joaquin G. The 1987 Philippine
Constitution: A Comprehensive
Reviewer
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CREDITS
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