PHILIPPINE HISTORY

(INTRO – 1899 : MALOLOS CONSITUTION)

1899: Malolos Constitution

After the signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain and
went to exile in Hong Kong. Upon the defeat of the Spanish to the Americans in the Battle of Manila Bay
on 1 May 1898, the United States Navy transported Aguinaldo back to the Philippines.

The newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo, and the
PhilippineDeclaration of Independence was issued on 12 June1898, together with several decrees that
formed theFirst Philippine Republic. The Malolos Congress waselected, which selected a commission to
draw up a draft constitution on 17 September 1898, which was composed of wealthy and educated
men.

The document they came up with, approved by theCongress on 29 November 1898, and promulgated
byAguinaldo on 21 January 1899, was titled "The PoliticalConstitution of 1899" and written in Spanish.
Theconstitution has 39 articles divided into 14 titles, with eightarticles of transitory provisions, and a
final additional article.The document was patterned after the Spanish Constitutionof 1812, with
influences from the charters of Belgium,Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, andthe
French Constitution of 1793.

According to Felipe Calderon, main author of the constitution,these countries were studied because
they shared similar social, political, ethnological, and governance conditions with thePhilippines. Prior
constitutional projects in the Philippines alsoinfluenced the Malolos Constitution, namely, the Kartilya
and theSanggunian Hukuman, the charter of laws and morals of theKatipunan written by Emilio Jacinto
in 1896; the Biak-na-BatoConstitution of 1897 planned by Isabelo Artacho; Mabini'sConstitutional
Program of the Philippine Republic of 1898; the provisional constitution of Mariano Ponce in 1898 that
followed theSpanish constitutions; and the autonomy projects of Paterno in 1898.

Primary Source: Preamble of the Political Constitution of1899We, the Representatives of the Filipino
People, lawfullyconvened, in order to establish justice, provide for commondefense, promote the
general welfare and insure the benefits of liberty, imploring the aid of the SovereignLegislator of the
Universe for the attainment of these ends,have voted, decreed, and sanctioned the following
politicalconstitution.

As a direct challenge to colonialauthorities of the Spanish empire, thesovereignty was retroverted to the
people,a legal principle underlying the PhilippineRevolution. The people delegatedgovernmental
functions to civil servantswhile they retained actual sovereignty.

The 27 articles of Title IV detail the natural rightsand popular sovereignty of Filipinos, the enumerationof
which does not imply the prohibition of any otherrights not expressly stated. Title III, Article V
alsodeclares that the State recognizes the freedom andequality of all beliefs, as well as the separation
ofChurch and State. These are direct reactions tofeatures of the Spanish government in the
Philippines,where the friars were dominant agents of the state.
The form of government, according to Title II, Article 4 is to be popular, representative, alternative,and
responsible, and shall exercise three distinctpowers-legislative, executive, and judicial.The legislative
power was vested in a unicameralbody called the Assembly of Representatives, membersof which are
elected for terms of four years. Secretariesof the government were given seats in the assembly,which
meet annually for a period of at least threemonths.

Executive power was vested in the president, andelected by a constituent assembly of the Assemblyof
Representatives and special representatives, The president will serve a term of four years without re-
election. There was no vice president, and in case ofa vacancy, a president was to be selected by
theconstituent assembly.

The 1899 Malolos Constitution was neverenforced due to the ongoing war. ThePhilippines was
effectively a territory of theUnited States upon the signing of the Treaty o fParis between Spain and the
United States,transferring sovereignty of the Philippines on 10December 1898.
THE PHILIPPINE CONSTITUTION

The constitution is the basic law of the land. It is sacred and must have to be defended by the people.
The nation, compared to a three-storey building, has the Constitution as its foundation, and as such as it
has to be strong and should stand the test of time. The Philippines had four Constitutions framed by its
people.

The constitution refers to “that body of rules and principles in accordance with which the powers of
sovereignty are regularly exercised.” The constitution serves as the supreme or fundamental law and
establishes basic framework and underlying principles of government. It speaks for the entire population
from whom it derives its claim to obedience.

Understanding the Nature and Purpose or Function of the Constitution

Constitution refers to that body of rules and principles in accordance with which the powers of
sovereignty are regularly exercised. Referring particularly to Philippine Constitution, it is defined as the
written instrument by which the fundamental powers of the government are established, limited and
defined by which these powers are distributed among the several departments or branches for
their safe and useful exercise for the benefit of the people.

The following are the nature of the Constitution:

1. It serves as the supreme or fundamental law and establishes basic framework and underlying
principles of government.

2. It serves as framework of the social, economic and political life of the nation

. 3. It governs all areas of human endeavor.

The following are the purpose of the Constitution:

1. To prescribe the permanent framework or the system of the government.

2. To assign the different department or branches, their respective powers and duties.

3. To establish certain basic principles on which the government is founded.

4. To preserve and protect the rights of individuals against the arbitrarily action of those in authority
and its function is not to legislate in detail but to set the limit on the unlimited power of the
legislature.

FIRST CONGRESS The Malolos Constitution:Background of its Framing

Returning to the Philippines on May 19, 1898 after leaving the country on voluntary exile to Hong
Kong as part of the agreement under the Pact of Biac-na-Bato, Emilio Aguinaldo established the
Dictatorial Government on May 24, 1898, which he said would only be a temporary government and to
last only until the establishment of a republic.

On June 12, 1898, Aguinaldo proclaimed the Philippine Independence in Kawit, Cavite where the
Philippine flag was unfurled and the Philippine National Anthem was played.

Eleven days after the proclamation of the Philippine Independence, upon the advice of Apolinario
Mabini who had become his adviser, issued a decree changing the Dictatorial Government to
Revolutionary Government. The Dictatorial Government existed only for thirty days.

On the basis of the decree issued by Aguinaldo, the title of the chief of state was changed from
Dictator to President. The Revolutionary Government as decreed by Aguinaldo had a strong
executive branch with four department heads aiding the President, namely: foreign affairs, navy and
commerce, war and public works; police and internal order, justice, education and hygiene; finance,
agriculture and manufacturing industry.

The pact of “Biak-na-bato” was an agreement signed on Dec. 14 1897 between the Spaniards
and Aguinaldo to end the Philippine revolution, Pres. Aguinaldo and his fellowrevolutionist were
given amnesty, monetary and indemnity by the Spanish government in return for voluntary exile.

The Malolos Congress

The Malolos Congress was inaugurated at the Barasoain Church on September 15, 1898. The creation
of Congress was a significant feature of the decree. The delegates to Congress were to be elected
and in case of provinces that had not been pacified or liberated from the Spaniards, delegates
would be appointed. The powers of Congress were clearly defined, i.e. to watch over the general
interest of the Philippine people, and the carrying out of the revolutionary laws; to discuss and
vote upon said laws; to discuss and approve, prior to their ratification, treaties and loans; to examine
and approve the accounts presented annually by the secretary of finance, as well as extraordinary
and other taxes which may hereafter be imposed.

This starts the selection of the representative from each provinces of the country though at this time
not all place is the Philippines is liberated from Spain

The Framing of the Malolos Constitution

Nothing about the framing of a Constitution was implied for in the June 18, 1898 decree issued
by Aguinaldo. The framing, however was an action taken from the former’s address to Malolos Congress
during its opening.

Joaquin Gonzales and Felipe Calderon drafted the rules of the drafting of the Constitution. They
adopted the rules of the Spanish Cortes doing a little variation. Comprising the Committee to draft the
Malolos Constitution were Pedro Paterno, Felipe Buencamino and Felipe Calderon. Apolinario Mabini
also submitted his draft of the Constitution called the Constitutional Programme of the Philippine
Republic and so did Paterno.

Lack of quorum delayed the coting for the draft plan. To remedy the situation, printed copies of the
draft were distributed to the delegates and the discussions started on October 25. Arcadio del Rosario,
an appointed delegate from Baras stressed that the constitution should be patterned after that of
the United States of America.

Voting on the articles of the draft of the Constitution started on October 28. The provision
making Catholicism, the State religion divided the Congress. After further debates on the adoption of a
State religion, the delegates on a vote of 26 against 25, approved the following as Article Five of the
draft Constitution “The State recognizes the freedom and equality of all religious worships, as well as
the separation of the Church and State.”

The Malolos Constitution was submitted by Pedro A. Paterno with Pablo Tecson and Pablo Ocampo,
secretaries of the Congress. It has a preamble, 101 articles and an additional article.

The Malolos Constitution referred to as the Political Constitution of the State by its framers
composed of 88 delegates to the National Assembly is composed of 14 titles, a transitionary
provision, 101 Articles and an additional article referring to all lands, buildings and other properties
belonging to the religious corporations being restored to the Filipino states as provided for by the
dictatorial government of Cavite on May 24, 1898.

Felipe Carlderon headed the committee in the creation of the constitution with the help of Cayetano
Arellano. Thought it was scheme by some personal intentions and biases. The first significant act of the
Malolos Congress was the ratification of the Declaration of Independence on June 12 1898 at Kawit
Cavite. And some other laws that was passed are the borrowing of 20 million Pesos from different
banks to be used for the government’s expenses; construction of Universities; creation of the
Philippines Constitution and declaration of war against the Americans. On January 21, 1899 after
may revision, President Emilio Aguinaldo presented the Malolos Constitution. Thus, making this
the first most important document in the Philippine history. This also starts the separation of church
and state.