Professional Documents
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1408: On Barter
I. HISTORICAL BACKGROUND
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The pre-colonial Philippines used barter as a form of trade with China as early
as the 13th and 14th centuries.1 Lacquered ware, ceramic, earthenware, and
other articles from the Celestial Kingdom were exchanged for such culinary
delicacies as beche-de-mer, shark's fin, and bird's nest.2 Sulu appears in
Chinese sources as early as the Yuan Dynasty(1268-1368) and a lengthy
account of a tributary mission in 1417 from Sulu to the celestial court is
recorded in the Ming Annals.3 The presence of Islam in the Philippine
Archipelago resulted in the incorporation of the Southeast Asia (SEA) region
into the Islamic World. Hence, SEA became part of the global commerce
between the Middle East and China. Being initially a middle pass, SEA
attracted the international commerce as mediator. In so doing, Islam emerged
as the political tool of legitimacy in an economic world dominated by Muslim
traders.4
In Sino-Sulu Trade, Warren pointed that the Ching Annals recorded five
separate tribute-bearing missions dispatched by the Sultans of Sulu in the
years between 1727 and 1763.5 This indicates trade relations between China
and Sulu including Central and Southern Visayas. As Chinese coasters from
Amoy and Pactow threaded their way down through the various islands of
the archipelago to the Sultanate, they were known to have stopped to barter
some of their wares in the central and southern Visayas.6 The arrival of these
huge vessels of up to 800 tons brought economic activity. There was no ad
valorem duty levied on the cargo. Instead a single impost was negotiated by
the Sultan and prestigious datus in consultation with the vessel's commander
and supercargo. The Sultan collected anything up to 10 percent on imported
Chinese goods or sometimes even above 50 percent.
1
http://www.zamboanga.gov.ph/index2.php?option=com_content&do_pdf=1&id=18
2
Sino-Sulu Trade in the Late Eighteenth and Nineteenth Century James F. Warren Philippine Studies vol. 25, no.
1 (1977) 51.
3
Ibid. p. 50.
4
Donoso Jiménez. philippine islamic manuscripts (http://manuscripta-
orientalia.kunstkamera.ru/files/mo/2010_02/donosojimenez.pdf)
5
Op cit. Sino-Sulu Trade.
6
Ibid, p. 51.
7
(http://www.choosephilippines.com/do/history-and-culture/3156/evolution-philippine-currency-bartering-
paper-bill)
Book, The Sulu Zone,8 Warren speaks about the patterns of trading from
1768-1898.9 The rise of Sulu from its earlier position as one of many small
trading states throughout the eastern part of insular Southeast Asia to
becoming the major state still independent of European control was, so to
speak, a by-product of the increasing British demand for Chinese tea.
The chain of islands was the center of international commerce during the
height of Sulu’s glory. In the late 19th century, the Sultanate of Sulu took
part in the bold European expansion throughout Southeast Asia, where the
Dutch, British, and Spanish angled for a share of the highly profitable
Chinese trade.10
The English East India Company having been cut off from the inland trade
of India in 1767, soon found itself faced with bankruptcy from the continued
flow of silver into China in exchange for tea. No longer being able to supply
sufficient trade goods for the Canton tea market, they turned to Sulu as a
source for goods, desired by the Chinese - tripang (sea slugs), edible bird's
nests, wax, pearls, and other sea and forest products. In exchange, the British
supplied the Taosugs with opium, arms, and ammunition.11
And when the Philippines was liberated from Spain and the United States,
barter trade was not legalized until 9 January 1973 when President Ferdinand
E. Marcos issued PD No. 9312 which legalized barter trading in the Sulu
Archipelago and adjacent areas.
8
The Sulu Zone, 1768-1898: The Dynamics of External Trade, Slavery, And Ethnicity in the Transformation of
a Southeast Asian Maritime State. By James Francis Warren. Singapore: Singapore University Press, 1981.
9
John N. Schumacher, S.J., Philippine Studies vol. 30, no. 4 (1982) p. 580.
(http://philippinestudies.net/ojs/index.php/ps/article/view/1627/4564)
10
http://chinabusinessphilippines.com/index.php?option=com_content&view=article&id=56:sulu-the-heart-of-
a-trading-zone&catid=58:museum-musings&Itemid=87
11
The Sulu Zone, 1768-1898: The Dynamics of External Trade, Slavery, And Ethnicity in the Transformation of
a Southeast Asian Maritime State. By James Francis Warren. Singapore: Singapore University Press, 1981.
12
Establishing Guidelines for Liberalizing Traditional Trade for the Sulu Archipelago and Adjacent Areas
2. That the formalities relative to the entrance and clearance of traders,
vessel and cargoes and military clearances shall be required and
effected at the ports of Jolo and Zamboanga City.
3. That only vessels duly registered with the Philippine Coast Guard
shall be allowed to carry, convey or transport merchandise, goods or
articles for purposes of the trade. To facilitate the registration of
vessels, the Philippine Coast guard may avail of the services of the
Philippine Constabulary and the Bureau of Customs.
4. The Monetary Board is authorized to waive the requirements of
Central Bank rules and regulations for purposes of carrying out
this trade. The Philippine National Bank shall also undertake such
measures as shall be necessary to promote the greater participation of
the banking systems in the trade areas, including the designation of
correspondent banks to pave the way for the gradual shift from barter
trade.
5. Merchandise, goods or articles imported pursuant to this Decree shall
be free of import duties or taxes when sold and consumed either
in Jolo or in an area in Zamboanga City which shall be determined
under the implementing regulations. Merchandise, goods or articles
removed or taken out from these two areas shall pay the
necessary import taxes and duties and any individual in
possession of untaxed merchandise, goods or articles outside of
these two areas shall be held liable pursuant to the provisions of
existing laws.
6. The Commander of the Southwest Command shall, in consultation
with the representatives of the Philippine National Bank, the Bureau
of Customs and the Philippine Coast Guard, issue the regulations
necessary to implement this Decree and shall recommend to me the
necessity of modifying this Decree after six months from the date
hereof.
In 1983, by virtue of the said decree, there was a PhP 5 million Barter Trade
Market building constructed on lot donated by Zamboanga Barter Traders
Kilusang Bayan, Inc.s (ZBTKBIs).13
13
Zamboanga Barter Traders Kilusang Bayan, Inc. represented by its President, ATTY. HASAN G. ALAM,
Petitioner, vs. Hon. Julius Rhett J. Plagata, in his capacity as Executive Labor Arbiter of NLRC-RAB No. IX, et
al. Respondents. G.R. No. 148433, September 30, 2008.
(http://sc.judiciary.gov.ph/jurisprudence/2008/september2008/148433.htm#_ftnref4)
Figure 1: Source (http://www.mima.gov.my/v2/data/img/content/Session2Paper2Mr.Ramli.pdf)
According to key informants, goods traded in this scheme range froom P30
million to P100 million (US$ 100, 000) a month.
Domestic Trading
From 1991-1993, there was an increasing trend in the quantity and value of
coastwise cargo loaded and unloaded in the city. However, in 1994, both
dropped drastically.
Source: NSO, Community Flow in the Philippines
EXECUTIVE ORDER NO. 427, October 12, 1990 - PLACING THE http://www.l
CONTROL AND SUPERVISION OF BARTER TRADE IN JOLO, SULU awphil.net/e
WITH THE REGIONAL GOVERNMENT OF THE AUTONOMOUS xecutive/exe
REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES cord/eo1990
/eo_427_19
90.html
The Muslim Private Sector in Southeast Asia: Islam and the Economic https://books
Development of Southeast Asia .google.com.
ph/books?id
Mohamed Ariff, editor =BCC6veZP
Institute of Southeast Asian Studies, 1991 fNoC&pg=P
A39&lpg=P
3. Muslim Business in Mindanao by Mohd. Musib Buat pp. 22-56 A39&dq=tot
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REPUBLIC ACT NO. 9054 March 31, 2001 http://www.l
awphil.net/st
AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR atutes/repact
THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING s/ra2001/ra_
FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED "AN ACT 9054_2001.
PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM html
MINDANAO," AS AMENDED
Text Source
The bill is the Senate version of TRAIN or the Tax Reform and Inclusion. SB 1408
The bill hinges on the mantra “the poorest first, the poor second.” The bill http://www.s
proposes an exemption on the taxation of exchange of goods or services enate.gov.ph/
between non-commercial parties, also known as “barter.” The bill cognizant lisdata/25787
of the yoke upon the poor “during these hard times, programs like food for 22153!.pdf
work that do not involve cash must not be subjected to the rigors of
taxation.”
xxx
xxx
Art. 1468: “If the consideration of the contract consists partly in money, and
partly in another thing, the transaction shall be characterized by the manifest
intention of the parties. If such intention does not clearly appear, it shall be
considered a barter if the thing given as a part of the consideration exceeds
the amount of the money or equivalent; otherwise, it is a sale.”
Art. 1640. One who loses by eviction the thing received in barter may
recover that which he gave in exchange with a right to damages, or he may
only demand an indemnity for damages. However, he can only make use of
the right to recover the thing which he has delivered while the same remains
in the possession of the other party, and without prejudice to the rights
acquired in good faith in the meantime by a third person.
(NOTE: The right to recover is subject to the condition laid down in the
Article.)
Art. 1641. As to all matters not specifically provided for in this Title, barter
shall be governed by the provisions of the preceding Title relating to sales.