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ARTICLE XII final ver
- 1. ARTICLENational Economy and XIIPatrimony
- 2. NATIONAL ECONOMY D E F I N I T I O N S All economic activities within the country NATIONAL PATRIMONY Natural resources of the country within the constitution SECTION 1
- 3. THREE-FOLD GOALS OF ECONOMY EQUITY g PRODUCTIVIY W R O T H
- 6. Why promote industrialization, and full employment based on sound agricultural development and agrarian reform
- 7. = Philippines has a high population = industrialization generates high employment = Philippines has a high agricultural base = the “tigers of Asia” anchored their industrialization on agriculture
- 8. 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
- 10. …a self-reliant and independent national economy controlled by Filipinos ARTICLE II SEC. 19
- 11. REGALIAN DOCTRINE SECTION 2 The state owns all lands of public domain ALIENATE To transfer or revoke ownership of property
- 13. necessity NATIONAL DEFENSE Prevent the extension of foreign control Prevent the country from becoming a cause of international conflict, endangering the welfare of the people
- 14. NOW NO State 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)
- 15. “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.)
- 16. MARINE WEALTH Use of maritime wealth, territorial sea and EEZ is reserved for citizens Corporations must be fully owned by Filipinos CONDITIONS FOR USE
- 17. EXCEPTION Uses 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.
- 18. Can aliens lease lands of public domain Lease = agreement to use property within a timeframe
- 19. 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.
- 20. 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
- 22. FORESTS & PARKS SECTION 4 Congress determines the limits of forests and national park Parks & forests are to be conserved or destroyed by law
- 23. 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
- 24. ANCESTRAL LANDS SECTION 5 Protection of indigenous communities to their ancestral domain ANCCESTRAL LAND Occupied portions of ancestral domain ANCESTRAL DOMAIN All lands within and belonging to a cultural region not strictly occupied
- 25. ENTERPRISE & COMMON GOOD SECTION 6 Free enterprise system = people can operate in business and risk their own resources Capitalism is regulated State shall intervene as necessary
- 26. 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)
- 27. WHO MAY ACQUIRE PRIVATE LANDS SECTION 7 & 8 ?(Natural born who lost citizenship) WHY ALLOW THIS? Those who migrated maintain filial connections National interest to encourage their nationalistic sentiment Many desire to return & contribute
- 28. 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
- 29. 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
- 30. FRANCHISE & UTILITY SECTION 11 Right given by State on people/corporations 1. Primary = right of group to exist & act as a corporation 2. Secondary = right of person/corporation to exercise power & privileges PUBLIC UTILITY Business organization supplying public service (electricity, water, transportation) Granted to citizens & corporations with 60% Filipino- owned capital
- 32. FILIPINO FIRST SECTION 12 DUTY OF STATE • Promote preference over Filipino labour/products • Adopt measures to make them competitive DUTY OF PUBLIC • Buy products of one’s own country
- 33. 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
- 34. FILIPINO TALENT SECTION 14 Human Resources Most 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
- 35. 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
- 36. FORMATION, ORGANIZATION, REGULATION OF CORPORATIONS SECTION 16 Prevent special treatment Congress can’t pass special laws for the welfare of a private corporation Government-controlled corporations may be created only for public interest
- 37. TAKE-OVER OF PRIVATE BUSINESS BY STATE in national emergency SECTION 17 Done when public interest requires so or direct the operation Must not last beyond period of emergency President may declare state of nat’l emergency & exercise Sec. 17 w/out need of emergency powers !
- 38. 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)
- 39. 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
- 40. 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
- 41. CENTRAL monetary AUTHORITY responsibilities SECTION 20 Provide policy directions for money Regulate bank operations, finance institutions or financial companies 1 2 3 4 Maintain price conducive to economic growth Promote and stability & convertibility of peso
- 42. SECTION 21 TRANSPA RENCY over foreign loans obtained/gu aranteed GOALS OF SECTION 21 AVOID temporary passion of president & PREVENT injudicious contracting of foreign loans THE PEOPLE SHOULDER THE GOVERNMENT
- 43. ACTS AGAINST AR 12 SECTION 22 Acts which circumvent/negate this article are criminal offenses THIS ACT prohibits use of Filipino citizen as dummy in order to enjoy rights reserved for citizens or those qualified
- 44. 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 http://www.visitrot terdam.info/wp- content/uploads/2 014/12/toilet.png http://www.freeico nspng.com/upload s/download-link- for-eps--svg-or- file--0.png http://www.visitrot terdam.info/wp- content/uploads/2 014/12/toilet.png