Readings in Philippine History between the Aguinaldo-led Filipino revolutionary forces and the Spanish
Reviewer for the Final Exam colonial government. His return in the country on May 19, 1898 meant a
Topics:
1899 Malolos Constitution
1. Historical Background
a. Aguinaldo’s Return and Renewed Revolution
b. The Malolos Congress and the Malolos Constitution
2. Important Details Regarding the Malolos Constitution
a. Legislative Branch
b. Executive Branch
c. Judicial Branch
1899 Malolos Constitution
Historical Background
Aguinaldo’s Return and the Renewed Revolution
Before the outbreak of the Spanish-American War an American
squadron was ordered by the then Assistant Secretary of the Navy Theodore
Roosevelt, Sr., to base their operations in Hong Kong, so that in the event
that a war between Spain and the United States ensues they could readily
attack Manila. By May 01, 1898 this squadron headed by Commodore
George Dewey was able to easily defeat the Spanish Armada stationed in the
Philippines at that time when the Spanish-American War ultimately broke
out. Without the needed manpower to execute a land invasion, the Americans
thought it would be wise to wait for reinforcements. And while these
reinforcements were yet to come, they sought the assistance of Emilio
Aguinaldo who was then in a voluntary exile in Hong Kong. This voluntary
exile was one of the provisions of the Pact of Biak-na-Bato, a peace treaty
renewed enthusiasm to the cause of the Philippine Revolution. Soon, many
provinces in Luzon fell one-by-one on the hands of the Filipino
revolutionaries. By June, the Filipinos successfully laid siege around Manila
(Intramuros or Walled City), with its fall becoming more imminent as the
days marched on. However, the amicable relationship between the Filipinos
and the Americans would later be strained because of the Mock Battle of
Manila on August 13, 1898, where the Filipinos were not allowed by the
Americans to enter Manila after the defeat of the Spaniards. The details of
this deceitful staged battle were actually kept among the high-ranking
officials of the Spanish colonial government and the American forces. But
ultimately, the Filipinos felt disheartened by this unfavorable act by the
Americans.
The Malolos Congress and the Malolos Constitution
Upon Aguinaldo’s arrival, he immediately established a dictatorial
government, with him as the dictator. This dictatorship (with a strong
executive) was seen as critical for the immediate and effective
implementation of policies responsive of the needs of the Filipinos yet again
fighting for their independence. This government was established formally
through a decree on May 24, 1898. However, this dictatorship would not last
long. A month after its establishment, this government would be transformed
into a revolutionary government, with Aguinaldo as its President. On June
18, 1898, Aguinaldo signed a decree prepared by Apolinario Mabini. This
decree essentially reorganized the local government, including the
establishment of a Revolutionary Congress (which later became the Malolos
Congress). On June 23, 1898, barely a month after the establishment of the
dictatorial government, Aguinaldo issued a decree that transformed the
government into a revolutionary government. This same decree also
contained a provision regarding the creation of a revolutionary congress,
essentially augmenting the provision on this matter (about the establishment
of a congress) provided in the May 19 decree. In accordance to these decrees,
a revolutionary congress was indeed convened at Barasoain Church, Malolos,
Bulacan on September 15, 1898, with Pedro Paterno as President.
Mabini, the author of the two decrees which served as the basis of the
creation of the Malolos Congress, envisioned the Congress to become a mere
advisory body. However, it was opposed by the members of this very
Congress who insisted on drafting a constitution. On September 17, along
with seven other committees, a committee for drafting a constitution was
assembled, with Felipe Calderon as its most prominent member. By October
08, 1898, Calderon presented his draft constitution, setting aside Mabini’s
Constitutional Program and Paterno’s constitutional plan. Discussions on the
said draft began on October 25 and ended on November 29, 1898. Lengthy
debates on a particular provision related to the separation of the Church and
the State became the most difficult matter to resolve. However, this matter
was later settled in favor of the separation of the Church and the State,
winning only by one vote. That is, under this Constitution, there was no
official religion. Ultimately, after several other amendments, the Malolos
Constitution was promulgated by Aguinaldo on January 21, 1899.
Important Details Regarding the Malolos Constitution
Government
The Malolos Constitution envisioned to establish a Filipino state
called Philippine Republic where sovereignty exclusively resides in the
people. It established a government that was expected to be “popular,
representative, and responsible.” Under this constitution, the government was
divided into three branches: legislative, executive, and judicial. This
constitution contained interesting and worth-noting characteristics, such as
the following: (1) unicameral system, (2) the permanent commission, (3)
ministerial responsibility, (4) central intervention in local administration,
(5) taking of the properties of the religious order, (6) and the dominance of
the legislative power.
Legislative Branch
The Malolos Constitution granted the legislative power to a
unicameral legislative body called Assembly of Representatives who were
expected to be elected for terms of four years. Aside from those who would
be elected to have a seat in this body, the cabinet secretaries were given seats.
This assembly was planned to meet annually for a period of three months. A
permanent commission composed of seven members which was supposed to
be elected by the assembly would be sitting during intervals between
sessions. This commission was intended to ensure that the legislative function
would not be hampered (and to prevent the other branches of the government
from encroaching the legislative functions) during times when the assembly
was not in session. Bills could be introduced either by the president or by a
member of the assembly. No bill could become a law without being passed
by the assembly, with a quorum of at least a quarter of the total members of
the assembly. The assembly was also granted with powers not legislative in
nature: (1) right to select its own officers, (2) the right of censure and
interpellation, (3) and the right of impeaching the president, the cabinet
members, the chief justice of the supreme court, and the solicitor-general.
Executive Branch
The executive power was granted to the President of the Republic
who was supposed to be elected by a Constituent Assembly composed of the
members of the Assembly of Representatives and special representatives
(who were not specified in the constitution). The president would be sitting
for a term of four years without re-election. The position of vice-president
was not provided. In case of a vacancy in the executive office (president), the
chief justice of the supreme court would be assuming the responsibilities of
the president until the constituent assembly has chosen a new president. The
powers of the president were the following: (1) initiation of law, (2) veto
power, (3) command of the army and navy, (4) right to dissolve the
assembly, (5) to send messages to the legislature, (6) to appoint the
secretaries of the government, (7) to grant pardons, and (8) to have control
over diplomatic and commercial relations with other state. In his/her duties,
the president was to be assisted by the Council of the Government (cabinet)
consisted of a president (akin to an executive secretary today) and seven
secretaries. Another important function of the cabinet was the annual
presentation of the budget to the assembly.
5. Official Gazette. 1899 Malolos Constitution. Official Gazette.
Accessed December 02, 2023.
https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-
constitution/
6. The National Historical Institute. The Malolos Congress. Manila,
Philippines: The National Historical Institute, 1999, 13-21.

Judicial Branch

The judicial power was granted to the supreme court of justice and
in the other courts to be created by laws. The chief justice and the solicitor-
general was to be selected by the national assembly (referring to the assembly
of representatives), with the concurrence of the president and the secretaries.

Prepared by:
Julius E. Aquino, LPT
Part-time Faculty, CNU-CCAS

References (Chicago Manual of Style)

1. Agoncillo, Teodoro. History of the Filipino People. 8th ed. Quezon
City, Philippines: R. P. Garcia Publishing Co., 1990, 187-212.
2. Constitution Day. Official Gazette. Accessed December 02, 2023.
https://www.officialgazette.gov.ph/constitutions/constitution-day/
3. Malcolm, George. “The Malolos Constitution”. Political Science
Quarterly 36, 1 (1921): 91-103.
https://www.jstor.org/stable/2142663. Accessed December 02, 2023
4. Malolos Constitution. Wikipedia. Wikimedia Foundation, Inc.,
September 04, 2023.
https://en.wikipedia.org/wiki/Malolos_Constitution#CITEREFNHI2
010. December 02, 2023.