N-WEEK 10 - TOWARDS THE NATION OF LAW

How the Philippines mapped its existence through the constitution

Founding fathers of republika ng pilipinas

1896 – kkk tinatag, republbik ng katagalugan

Magdiwang – support boni

Magdalo- support Aguinaldo

Danillie tumutol kay Aguinaldo

1897 – Biak na bato

Saligang batas ni kopya sa cuba

1898

May 24, 1898 –

Mock battle betrayed by the American

01-23-1899

Philippine republic - 1899-1901

MALOLOS CONSTITUTION

Context

- The Tejeros Convention of 1897 created the first Philippine Republic under the election of
members of the Katipunan movement
- It was well attended by the factions of Magdalo (the common Filipino folks, mostly from tondo)
and the Magdiwang (the Filipino elites, mostly Cavitenos)
- The 1899 constitution is planned to replace the Katipunan movement and install a new
government is planned to replace the Katipunan movement and install a new government, even
though the Philippines is already being sold by the Spaniards to the united states during this
time

What happened?

- A faction was born before the Tejeros convention

- Cavitenos thought that these factions would mean well in fighting two fronts against the
Spaniards in Cavite and manila, but they were wrong
- The factions (Magdalo and Magdiwang) descended into a rivalry and asked Bonifacio to be the
mitigator between the two factions on December 31, 1896 (a day after Rizal’s Death)

Bagong pilipinas pero walang ang pangulo?

- The meeting was moved on March 1897

- Aguinaldo was proclaimed as the president of the soon-to-be installed government
 - He was absent but still elected as a president
- And the election is within the Cavitenos ONLY and not with Filipinos who support the Katipunan.
It’s like a classroom election
- Bonifacio gets mad
- A government without a constitution and officers only elected among Cavitenos
- It was an election marred with fraud and switching loyalties
- Bonifacio was not happy with what happened with the Tejeros Convention, hence the Naic
Military Agreement happened
- Bonifacio was killed during the arrest along with Ciriaco and Procopio, his brothers
- An arrest, trial, and conviction WITHOUT A BODY OF CRIMINAL LAW, a government WITHOUT A
CONSTITUTION, and a trial WITHOUT LEGISLATED PENAL LAW.

What happened after all this?

- Gen. Primo De Rivera wanted to pursue the Aguinaldo group to end their Government
- They reach Biak-na-bato in Bulacan province (the pursuit stopped because of the monsoon
rains)
- The biak-na-bato, Artcho, and Felix Ferrer copied the Cuban constitution just so as to make
Aguinaldo’s group legitimate.
- A re-election happened and Aguinaldo “formally” became president under the biak-na-bato
constitution
- Later on, the government of Aguinaldo will become a Government-in-exile

FORMATION OF THE MALOLOS CONGRESS

Drafting the First Constitution

- Felipe Calderon drafted the constitution from October to December 1898

- On January 21, 1899, it was then promulgated, but here’s the catch
- The Philippines is being turned over to the United States under the treaty of Paris
- On January 23, 1899, the first Philippines Republic was declared under the Malolos Constitution

The fall of the Malolos Constitution

- After the capture of Aguinaldo’s government in Isabela province, the exile of Apolinario Mabini
as his Prime Minister, and the coming of the second Philippine Commission in April 1990 the
constitution was taken into non-effect.
- Because the constitution of the United States cannot take into effect since, we are their colony,
instructions were given by the Taft commission to apply some of the parts of the Bill of Rights in
the constitution of the United States.
o Right to free expression
o Right to due process of law
o Right against double jeopardy
o Right against illegal search and seizure
o Right against slavery or servitude
o Right to freedom of worship (which was also in the Malolos constitution enacted
November 29, 1898
 - However, these enumerated rights under the Cooper Act or the Philippine Bill Act of 1902 are
suspended IF a Filipino committed the acts against the following
o Sedition Law
 Taking arms against the U.S. and clamoring/inciting for Filipino Nationalism and
Independence.
o Brigandage Act
 Criminalization on membership to groups that incites Filipino Nationalism and
independence
o Flag Law
 only the flag pf the United States will be hoisted and not the Philippines
- “Bill of rights would be adopted in society now experiencing colonization with the rights of the
people recognized not as the product of a revolutionary struggle or a product of enlightened
collective endeavor, but simply handed over by another power” – Gabriel & Espiritu, 2018

COMMONWEALTH CONSTITUTION

The Mission for self-determination

- The great depression saw the need for the Filipinos to lobby for Self-Determination
- The Philippines sent Sergio Osmena and Manuel Roxas to a mission known as the Os-Rox
mission to lobby for the Philippine Independence
- It was successful, Hare-Hawes-Cutting Act will give the Philippines a 10-year probation of self-
rule and self-determination while imposing quotas on Sugar Export and non-limitations of
American Imports
- Quezon (Quezon Mission) then lobbied for another Philippine independence bill that would later
become the precedence of our independence known as the Tydings-McDuffie Law
- On October 1, 1934, a constitutional convention drafted the constitution was approved
- Election began on July 16, 1935, and on November 15, 1935, the Philippine Commonwealth was
inaugurated.
- It is a government that is already functioning as self-governance but lacking two departments:
the Department of Defense, and the Department of Foreign Affairs

Commonwealth Who?

- “Common-Good”, Protector of”, Aggregate”

- The commonwealth was designed as a transitional administration in preparation for the
country’s full achievement of independence, which was achieved in 1946.

Period of filed Cha-Chas

- There was absence in changes…

- “Cha-Cha” or also known as “Charter Change”
- As early as Quirino’s administration calls for constitutional amendments for the 1935
constitution happened
- However, it was marred by issues like distribution of powers among the branches of the
government, the approval of congress, the people’s initiative, synchronization of local and
national elections, among others
 - Charter changes waxed and waned on succeeding administrations only to gain traction under
the second term of Ferdinand Marcos in 1965 after his first term in 1961
o The presidents before have 2 terms
- A constitutional Convention or ”Con-Con was created in 1971 to drastically change the
constitution into a parliamentary government

MARCOS’ PARLIAMENTARY – GOLDEN AGE

The 1973 Constitution

- Before the promulgation of the new constitution, Marcos Placed the entire Philippines under
Martial Law in September 11, 1972 under Proclamation 1081
- Marcos abolished the congress (hence no representation from the people), and facilitated the
arrest of his detractors
- The Kilusang Bagong Lipunan (New society) was established, effectively making him the dictator,
who single-handedly made decisions for the government and the country WITHOUT the people
and its elected representative
- Amendments were made in 1976 within the constitution
- Whether the people’s initiative was followed or happened remains to be known.

FREEDOM CONSTITUTION

Abolishing the 1973 and 1976 constitutions

- After the abolishment of Martial Law in 1980

- And the ousting of the Marcoses in 1986, Corazon Aquino the first female president led the
abolishment of the 1973 constitution and the ratified version of 1976
- The new government would have no legal basis from the enforced constitutions; hence she
created a revolutionary government and placed a provisionary constitution known as the 1986
constitution
- A new constitution was then approved in 1987 after the 1986 constitution was ratified

POST-SCRIPT: DUTERTE’S FAILED CHA-CHA – Gabriel and Espiritu, 2018

- "At the assumption of Rodrigo Duterte as president in 2016, constitutional change was again
revived, this time viciously as if with vengeance, with the theme of federalism and the revival of
the parliamentary system. This came with the campaign promise of the president to change the
charter and bring in federalism. This also came with ominous signs. In our history, legislators
were waiting for a "good" president in time for his/her second term in order to begin the
amendment process. The revival of constitutional change, this time, came with no promise of
good presidency neither any proof of good governance. It also came without clear
understanding of how to make up for an efficient government. The change proponents were
arguing that a change in a system will make up for an efficient one. There was one thing they left
behind and that is the change in themselves first."