The Konstitusyon Project
The malolos constitution: the best philippine constitution.
122 years ago today, the First Philippine Republic was proclaimed with the ratification of its constitution, the one we now know today as the Malolos Constitution . Unfortunately, this constitution, along with the republic, did not realize its full potential with the outbreak of the Philippine-American War a month later which led to the country falling under American rule by 1901.
Unfortunately, the legacy of the Malolos Constitution was forgotten as succeeding constitutions sought inspiration elsewhere rather than from the one the Malolos Constitution established. Thus as the discussions on constitutional reform flare up anew, it is time to reexamine this constitution and see if we can derive from it.
Best and compatible inspirations to draw from
According to the constitution’s primary author Felipe Calderon, he drew inspiration in crafting the Malolos Constitution from the Spanish constitution of 1812, the French constitution of 1793, as well as the constitutions in force at that time in Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala. This is in contrast with the succeeding constitutions of the country, which primarily drew inspiration from the United States constitution and not much else.
The fact that the Malolos Constitution took inspiration from such diverse sources indicated that the Malolos delegates were at the very least enthusiastic to learn from the examples of as many countries as possible. And they did not just look at random countries. They specifically looked at countries that share a history and heritage with ours, as was the case for Spain and various countries in the Americas that used to be Spanish colonies.
They also looked at those that have a well-established legacy of liberty and democratic values. And no, it is not the United States but France. Remember that the French Revolution is one historical event that piqued the interest of many Filipinos as they were beginning to consider the idea of independence from Spain, like Andres Bonifacio who famously had a book on that particular subject.
Suffice to say, the Malolos delegates were passionate about crafting a good constitution for the Philippines, one that espoused the ideals of democracy and liberty while meets the unique historical and cultural landscape of the country. And they weren’t shy of learning and taking inspiration from a variety of sources that they had available.
Concise and comprehensible document
Whether reading the original in Spanish or its translations in English or Tagalog, the Malolos Constitution is itself not a lengthy document. Granted the needs of a state were not as much then as they would be now and the constitution itself was vague or silent on important provisions, it was able to sufficiently cover what needed to be covered as concise as possible.
Also worth noting is that this constitution was written quite comprehensibly. Easy enough to read for even non-lawyers to appreciate. There were no legalese gobbledygook to baffle the common folk and it was as straightforward as it can get. That is an achievement in itself considering a sizeable portion of the Malolos Congress delegates were lawyers.
Foundations for parliamentarism
A striking feature of the Malolos Constitution is that while it envisioned a republican state with the President as head, it did not actually establish a presidential system that we have today. Instead, what it established was sort of a parliamentary government , in which the President of the Republic is actually to be elected by the legislature, which the constitution calls the “Assembly of Representatives of the Nation.” This also meant the President would be answerable to the Assembly ensuring greater accountability unlike in the present presidential system.
Interestingly, while the President of the Republic is considered the head of state, the executive powers of a head of government lies with him as well. However, he does not hold all the powers of the executive. Instead these powers are exercised by the Council of Government, headed by a President of the Council, which scholars consider as the equivalent of a Prime Minister, and the cabinet secretaries.
Another power structure established in the constitution is the Permanent Commission, which has some of the powers of legislature and that of a head of state. The commission’s powers include:
- Declare whether or not there is sufficient cause to take legal action against the President, the Representatives, the Secretaries of Government, the President of the Supreme Court of Justice, and the Solicitor General
- Convene the Assembly in “extraordinary session” in certain cases.
- Act on unresolved matters as may be determined accordingly
- Substitute the Assembly in performing the Assembly’s powers except in creating and passing laws.
One can imagine that had the First Philippine Republic survived longer, the structure of government have been amended further to make the structure somewhat simpler. It might probably go by the French example which had the full parliamentary system in place by then (before Charles de Gaulle made the French government a semi-presidential one). In any case, a parliamentary system of some form would have made the difference for the country.
No (restrictive) economic policies
Another sensible thing the delegates of the Malolos Congress did was to make sure there were no restrictive economic policies that were included in the constitution they drafted. Come to think of it, that constitution had no economic policies stated…at all. And that is because the delegates knew all to well that a constitution should focus on establishing the basic foundations of a state, particularly the identity of the state, the rights of the people, and the form of government that shall administer the state.
It must also be noted that at the time, the Philippines was experiencing economic growth thanks in part to foreign-owned businesses that set up shop in the country. As an example, it was a British trading firm, JM Fleming and Co., that provided employment to Andres Bonifacio before he went on to establish the Katipunan. The influx continued after the Philippine Revolution ended, with the likes of Swiss businessman Frederick Zuellig establishing Zuellig Pharma in the country in 1903 .
Room for growth
While the Malolos Constitution itself was a short document and lacked some important provisions, it was neither a restricted nor restrictive constitution. In fact, there is room for further growth and evolution for this constitution had the First Philippine Republic managed to survive beyond the Philippine-American War. Considering that the First Philippine Republic envisioned the Mindanao, including the Moro-held areas as part of the country, it can be assumed that some arrangements would have to be made in order to fully integrate the area into the country. And a federal arrangement would have been one of the considerations to be made.
In fact, the federalism question was already raised during the time the constitution was being drafted, as the revolutionaries in Iloilo were keen on having a decentralized government in which Panay would be a federal state under the Philippine Republic. And while the Philippine Republic under President Emilio Aguinaldo did not oppose the foundation of that federal state that ould be known as the Estado Federal de Visayas on December 2, 1898, the constitution would not have a provision for a federal system. Eventually, the Malolos central government seemed to have instigated the fall of the federal state later in 1899.
Reevaluation
With all its shortcomings and its limited scope compared to subsequent Philippine constitutions, the Malolos Constitution remains the standard not only because it is the constitution of what is considered as the first republic in Asia. It was an example of a constitution that emulated not only the best of what the world had to offer but also the ones that were well-suited to the political, cultural, and economic conditions of the country. to the Moreso, it was a constitution that did not restrict itself and the country it is written for and made room for the continuing evolution and development of the country.
It is high time we look again at the Malolos Constitution and draw from its legacy a way for the Philippines to move forward and onward with a better constitution that we deserve.
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We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following:
The political association of all Filipinos constitutes a nation, whose state shall be known as the Philippine Republic The Philippine Republic is free and independent Sovereignty resides exclusively in the people.
The Government of the Republic is popular, representative, alternative, and responsible, and shall exercise three distinct powers: namely, the legislative, the executive, and the judicial. Any two or more of these three powers shall never be united in one person or cooperation, nor the legislative power vested in one single individual.
The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the State.
The following are Filipinos: It is understood that domicile is acquired by uninterrupted residence for two years in any locality within Philippine territory, with an open abode and known occupation, and contributing to all the taxes imposed by the Nation. The condition of being a Filipino is lost in accordance with law. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a crime and in accordance with law. All persons detained shall be discharged or delivered to the judicial authority within 24 hours following the act of detention. All detentions shall be without legal effect, unless the arrested person is duly prosecuted within 72 hours after delivery to a competent court. The accused shall be duly notified of such proceeding within the same period. No Filipino shall be imprisoned except by virtue of an order by a competent court. The order of imprisonment shall be ratified or confirmed within 72 hours following the said order, after the accused has been heard. No one shall enter the dwelling house of any Filipino or a foreigner residing in the Philippines without his consent except in urgent cases of fire, inundation, earthquake or similar dangers, or by reason of unlawful aggression from within, or in order to assist a person therein who cries for help. Outside of these cases, the entry into the dwelling house of any Filipino or foreign resident in the Philippines or the search of his papers and effects can only be decreed by a competent court and executed only in the daytime. The search of papers and effects shall be made always in the presence of the person searched or of a member of his family and, in their absence, of two witnesses resident of the same place. However, when a criminal caught in fraganti should take refuge in his dwelling house, the authorities in pursuit may enter into it, only for the purpose of making an arrest. If a criminal should take refuge in the dwelling house of a foreigner, the consent of a latter must first be obtained. No Filipino shall be compelled to change his residence or domicile except by virtue of a final judgment. In no case may correspondence confided to the post office be detained or opened by government authorities, nor any telegraphic or telephonic message detained. However, by virtue of a competent court, correspondence may be detained and opened in the presence of the sender. All orders of imprisonment, of search of a dwelling house, or detention of written correspondence, telegraph or telephone, must be justified. When an order lacks this requisite, or when the grounds on which the act was founded is proven in court to be unlawful or manifestly insufficient, the person to be detained or whose imprisonment has not been ratified within the period prescribed in Art. 9, or whose correspondence has been detained, shall have the right to recover damages. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction and according to the procedure prescribed by law. Exept in the cases provided by the Constitution, all persons detained or imprisoned not in accordance with legal formalities shall be released upon his own petition or upon petition of another person. The law shall determine the manner of proceeding summarily in this instance, as well as the personal and pecuniary penalties which shall be imposed upon the person who ordered, executed or to be executed the illegal detention or imprisonment. No one shall be temporarily or permanently deprived of rights or dstured in his enjoyment thereof, except by virtue of judicial sentence. The officials who, under any pretext whatsoever, should violate this provision, shall be personally liable for the damages caused. No one shall be deprived of his property by expropriation except on grounds of public necessity and benefit, previously declared and justified by proper authorities, and indemnifying the owner thereof prior to expropriation. No one shall be obliged to pay any public tax which had not been approved by the National Assembly or by local popular governments legally so authorized, and which is not in the manner prescribed by the law. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the free exercise of said rights. Neither shall any Filipino be deprived: The right of petition shall not be exercised through any kind of armed force. The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same. Crimes committed on the occasion of the exercise of rights provided for in this title, shall be punished by the courts in accordance with the laws. Any Filipino may establish and maintain institutions of learning, in accordance with the laws authorizing them. Public education shall be free and obligatory in all schools of the nation. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the matter; may engage in any occupation or profession for the exercise of which no special license is required by law to be issued by the national authorities. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his right to travel freely abroad or in his right to transfer his residence or possessions to another country, except as to his obligations to contribute to military service or the maintenance of public taxes. No foreigner who has not been naturalized may exercise in the Philippines any office which carries with it any authority or jurisdictional powers. All Filipinos are obliged to defend his country with arms when called upon by law, and to contribute to the expenses of the State in proportion to his means. The enumeration of the rights provided for in this title does not imply the denial of other rights not mentioned. The prior authorization to prosecute a public official in the ordinary courts is not necessary, whatever may be the crime committed. A superior order shall not exempt a public official from liability in the cases which constitute apparent and clear violations of constitutional precepts. In others, the agents of the law shall only be exempted if they did not exercise the authority. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of Article 20 shall not be suspended, partially or wholly, in any part of the Republic, except temporarily and by authority of law, when the security of the State in extraordinary circumstances so demands. When promulgated in any territory where the suspension applies, there shall be a special law which shall govern during the period of the suspension, according to the circumstances prevailing. The law of suspension as well as the special law to govern shall be approved by the National Assembly, and in case the latter is in recess, the Government shall have the power to decree the same jointly with the Permanent Commission, without prejudice to convoking the Assembly without the least delay and report to it what had been done. However, any suspension made shall not affect more rights than those mentioned in the first paragraph of this Article nor authorize the Government to banish or deport from the Philippines any Filipino. In the Republic of the Philippines, no one shall be judged by a special law nor by special tribunals. No person or corporation may enjoy privileges or emoluments which are not in compensation for public service rendered and authorized by law. War and marine laws shall apply only for crimes and delicts which have intimate relation to military or naval discipline. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property rights, nor accept honors, decorations, or honorific titles or nobility from foreign nations without the consent of the Government. Neither shall the Government establish in the Republic institutions mentioned in the preceding paragraph, nor confer honors, decorations, or honorific titles of nobility to any Filipino. The Nation, however, may reward by special law approved by the Assembly, conspicuous services rendered by citizens of the country.
Legislative power shall be exercised by an Assembly of Representatives of the Nation. This Assembly shall be organized in the form and manner determined by law. The Members of the Assembly shall represent the who nation and not exclusively the electors who elected them. No representative shall receive from his electors any imperative mandate whatsoever. The Assembly shall meet every year. The President of the Republic has the right to convoke it, suspend and close its sessions, and dissolve the same, within the periods prescribed by law enacted by the Assembly or by the Permanent Commission. The Assembly shall be open at least three months each year, without including in this period the time spent in its organization. The President of the Republic shall convoke the Assembly, not later than the 15th day of April. In extraordinary cases, he may convoke the Assembly outside of the period fixed by law, as determined by the Permanent Commission, and prolong its law-making, provided the extended period does not exceed one month and provided further that such extensions do not take place more than twice during the same legislative term. The National Assembly, jointly with the special Representatives, shall organize committees for the organization of the Assembly and for the election of the new President of the Republic, which shall be formed at least one month before the expiration of the term of office of the Representatives. In case of death or resignation of the President of the Republic, the Assembly shall meet in session by its own right or by initiative of the President or of the Permanent Commission. In the meantime that the new President has not been chosen, his functions shall be exercised by the Chief Justice of the Supreme Court whose office shall be taken over by one of the Justices of the Court, in accordance with law. Any session of the Assembly held outside the period of ordinary legislature shall be unlawful and void. The case provided in Article 30 and in which the Assembly has constituted itself into a Tribunal of Justice shall be excepted, but in the latter case no other functions shall be exercised except that pertaining to judicial functions. The sessions of the Assembly shall be public. However, sessions may be held in secret upon petition of a certain number of its members fixed by the Rules, deciding afterwards by an absolute majority of votes of the members present if the discussion on the same subject has to continue in public. The President of the Republic shall communicate with the Assembly by means of messages, which shall be read by a Department Secretary. The Department Secretaries shall have the right to be heard in the Assembly, upon their request, and they may be represented in the discussion of certain bills by Commissioners appointed by decrees of the President of the Republic. The Assembly may constitute itself into a Tribunal of Justice to hear and determine crimes committed against the security of the State by the President of the Republic and members of the Council of Government, by the Chief Justice of the Supreme Court, and by the Solicitor General of the Nation, by means of a decree promulgating it, or by the Permanent Commission, or by the President of the Republic upon petition of the Solicitor General or Council of Government. The law shall determine the mode and manner of the accusation, instruction, and disposition of the proceedings. No member of the Assembly shall be prosecuted nor held accountable for the opinions expressed by him, nor by the vote taken by him in the discharge of his office. No member of the Assembly shall be prosecuted criminally without authority of the Assembly or of the Permanent Commission to which an immediate report of the facts shall be made, for its proper action. The imprisonment, detention, or apprehension of a member of the Assembly shall not be carried out without the prior authority of the same or by the Permanent Commission. The moment the Assembly is notified of the order of imprisonment, it shall incur liability if, within two days following the notification, it does not authorize the imprisonment or give sufficient reason upon which the refusal is based. The National Assembly shall have the following additional powers: Until the Assembly has been dissolved, the President, Vice-Presidents, and Secretaries shall continue to exercise their office for the period of four legislative terms; and No bill shall become law without having been voted on by the Assembly. To approve a bill, the presence in the Assembly of at least one-fourth of the total number of the members whose elections have been duly approved and taken the oath of office shall be necessary. No bill shall be approved by the Assembly until after it has been voted upon as a whole and subsequently article by article. The Assembly shall have the right of censure, and each of the members the right of interpellation. The initiative in the presentation of bills belongs to the President of the Republic and to the Assembly. Any member of the Assembly who accepts from the Government any pension, employment, or office with salary, is understood to have renounced his membership. From this shall be excepted the employment as Secretary of the Government of the Republic and other offices provided for by special laws. The office of Representatives shall be for a term of four years, and shall be compensated by a sum fixed by law, according to the circumstances. Those who absent themselves during the entire period of the legislative sessions shall not be entitled to any compensation; but they may be allowed to recover the right to compensation should they attend subsequently.
The Assembly, before adjournment, shall elect seven of its members to form the Permanent Commission during the period of adjournment, which shall designate at its first session, the President and the Secretary. The Permanent Commission, during the adjournment of the Assembly, shall have the following attributes: The Permanent Commission shall meet in session whenever convoked by the presiding officer, in accordance with this Constitution.
The Executive Power shall be vested in the President of the Republic, who shall exercise it through his Department Secretaries. The administration of the particular interests of towns, provinces, and of the State shall correspond, respectively, to the Popular Assembles, the Provincial Assemblies, and to the Administration in power, in accordance with the laws, and observing the most liberal policy of decentralization and administrative autonomy.
The President of the Republic shall be elected by absolute majority of votes by the Assembly and by the special Representatives, convened in chamber assembles. His term of office shall be four years, and may be reelected. The President of the Republic shall have the right to initiate the introduction of bills equally with the members of the Assembly, and promulgate the laws when duly voted and approved by the latter, and shall see to it that the same are duly executed. The power to execute the laws shall extend to all cases conducive to the preservation of internal public order and to the external security of the State. The President shall promulgate the laws duly approved by him within 20 days following their transmittal to him by the Assembly. If within this period, the President should fail to promulgate them, he shall return them to the Assembly with his reasons for the return, in which case the Assembly may reconsider same, and it shall be presumed by a vote of at least two-thirds of the members of the Assembly present in a quorum. If repassed in the manner indicated, the Government shall promulgate same within ten days, with a manifestation of its non-conformity. The obligation is imposed upon the Government if it allows twenty days to elapse without returning the bill to the Assembly. When the promulgation of a law has been declared urgent by express will of an absolute majority of votes of the Assembly, the President of the Republic may require the Assembly to re-approve same which cannot be refused, and if the same bill is repassed, the President shall promulgate it within the legal period, without prejudice to his making of record his non-conformity with the bill. The promulgation of laws shall be made by publishing them in the official gazette of the Republic, and shall have the force of law thirty days following such publication. The President of the Republic shall have at his disposal the army and the navy, and may declare war and make and ratify treaties with the prior consent of the Assembly. Treaties of peace shall not take effect until voted upon by the Assembly. The President of the Republic, in addition to his duty to execute the laws, shall: The President of the Republic may be authorized by special law: Secret treaties in no case may prevail over the provisions of open treaties or treaties made publicly. To the President belongs the power to issue regulations for the compliance and application of the laws in accordance with the requisites prescribed in said laws. The President of the Philippines, with the prior approval by majority vote of the Representatives, may dissolve the Assembly before the expiration of its legislation term. In this case, new elections shall be called within three months. The President of the Republic may be held liable only for cases of high treason. The salary of the President of the Republic shall be fixed by special law which may not be changed except after the presidential term has expired.
The Council of Government is composed of one President and seven secretaries, each of whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War and Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and Commerce. All the acts done by the President of the Republic in the discharge of his duties shall be signed by the corresponding Secretary. No public official shall give official recognition to any act unless this requisite is complied with. The Secretaries of Government are jointly responsible to the Assembly for the general administration of the Government, and individually for their respective personal acts. In order to exempt them from responsibility, when held guilty by the Assembly, a petition to this effect approved by absolute majority of the Representatives is necessary.
To the Court corresponds exclusively the power to apply the laws, in the name of the Nation, in all civil and criminal trials. The same codes of laws shall be applied throughout the Republic, without prejudice to certain variations according to circumstances as determined by law. In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and procedure. The courts of justice shall not apply general local regulations, except when they conform to the laws. The exercise of judicial power shall be vested in one Supreme Court and in other courts established by law. Their composition, organization, and other attributes shall be determined by the laws creating them. The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National Assembly in concurrence with the President of the Republic and the Secretaries of the Government, and shall be absolutely independent of the Legislative and Executive Powers. Any citizen may file suit against any member exercising the Judicial Power for any crime committed by them in the discharge of their office.
The organization and attributes of provincial and popular assemblies shall be governed by their respective laws. These laws shall conform to the following principles:
The Government shall submit every year to the Assembly a budget of expenditures and income, indicating the changes made from those of the preceding year, accompanying the same with a balance sheet as of the end of the year, in accordance with law. This budget shall be submitted to the Assembly within ten days following the commencement of its session. The Government, in order to dispose of the property and effects of the State, and to borrow money secured by mortgage or credit of the Nation, must be authorized by special law. Public debts contracted by the Government of the Republic, in accordance with the provisions of this Constitution, shall be under the special guarantee of the Nation. No debt shall be contracted unless the means of paying the same are voted upon. All laws relating to income, public expenses, or public credits shall be considered as part of the appropriation and shall be published as such. The Assembly shall determine every year, upon the recommendation
The Assembly, on its own initiative or that of the President of the Republic, may propose amendments to the Constitution, indicating what Article or Articles are to be amended. This proposal having been made, the President of the Republic shall dissolve the Assembly, and shall convoke a Constituent Assembly which shall meet within three months. In the decree convoking the Constituent Assembly, the resolution mentioned in the preceding Article shall be inserted.
The President of the Republic, the Government, the Assembly, and all Filipino citizens shall faithfully observe the provisions of the Constitution; and the Legislative Power, upon approval of the Appropriations Act, shall examine if the Constitution has been strictly complied with and whether violations, if any, have been duly corrected and those responsible for the violations held liable. The President of the Republic and all other officials of the Nation shall not enter into the discharge of their office without having taken the prescribed oath. The oath of the President of the Republic shall be taken before the National Assembly. The other officials of the Nation shall take their oath before the authorities determined by law. The use of languages spoken in the Philippines shall be optional. Their use cannot be regulated except by virtue of law, and solely for acts of public authority and in the courts. For these acts the Spanish language may be used in the meantime.
Meanwhile and without prejudice to the provisions of Article 48 and to the acts of the commissions designated by the Assembly to translate and submit to the same the organic laws in the development and application of the rights granted to Filipino citizens and for the government of public powers therein mentioned, the laws of the Republic shall be considered those found existing in these islands before the emancipation of the same. The provisions of the Civil Code relating to marriage and civil registry, suspended by the Governor General of these islands; the Instructions of April 26, 1888 to carry into effect Articles 77, 78, 79, and 82 of said Code; the law on civil registry of June 17, 1870 which refers to Article 332 of the same, and the Regulation of December 13 following for the enforcement of this law, without prejudice to the Chiefs of towns continuing to be in charge of inscriptions in the civil registry and intervening in the celebration of marriage between Catholics, shall also be deemed in force and effect. In the meantime that the laws referred to in the preceding Article have not been approved or enforced, the Spanish laws which said article allows to be enforced provisionally may be amended by special law. Once the laws approved by the Assembly have been promulgated in accordance with Article 94, the Article 94, the Government of the Republic shall have the power to issue decrees and regulations necessary for the immediate organization of the various organs of the State. The present President of the Revolutionary Government shall assume later the title of President of the Republic and shall discharge the duties of this office until the Assembly when convoked proceeds to the election of one who shall definitely exercise the duties of the office. The present Congress, composed of members by suffrage or by decree, shall last for four years, or for the duration of the present legislative term commencing on the 15th of April of next year. Notwithstanding the general rule established in part 2 of Article 4, in the meantime that the country is fighting for its independence, the Government is empowered to resolve during the closure of the Congress all questions and difficulties not provided for in the laws, which give rise to unforeseen events, of which the Permanent Commission shall be duly apprised as well as the Assembly when it meets in accordance with this Constitution. The execution of Article 5, Title III shall be suspended until the constituent Assembly meets in session. In the meantime, municipalities which require spiritual ministry of a Filipino priest may provide for his necessary maintenance. Notwithstanding the provisions of Articles 62 and 63, bills returned by the President of the Republic to the Congress may not be repassed except in the legislature of the following year, this suspension being under the responsibility of the President and his Council of Government. When these conditions have been fulfilled, the promulgation of said laws shall be obligatory within ten days, without prejudice to the President making of record his non-conformity. If the reapproval is made in subsequent legislative terms, it shall be deemed law approved for the first time.
All the estates, edifices, and other property possessed by the religious corporations in these islands shall be deemed restored to the Philippine State as of May 24, 1898 when the Dictatorial Government has been constituted in Cavite. BARASOAIN, the twentieth of January, 1899. | Alberto Barretto | Ambrosio Rianzares Bautista | |
| Antonio Luna | Antonio Feliciano | Arcadio del Rosario | |
| Ariston Bautista | Ariston Gella | Arsenio Cruz-Herrera | |
| Basilio Teodoro | Benito Legarda | Ceferino de Leon | |
| Domingo Samson | Esteban de la Rama | Felipe Buencamino | |
| Felipe Calderon | Felix Bautista | Felix Ferrer Pascual | |
| Fernando Cañon | Graciano Cordero | Gregorio Aguilera | |
| Gregorio Aglipay | Higinio Benitez | Hipolito Magsalin | |
| Hugo Ilagan | Ignacio Villamor | Isidro Torres | |
| Isidro Paredes | Javier Gonzales Salvador | Joaquin Gonzales | |
| Joaquin Luna | Jose Basa | Jose Salamanca | |
| Jose R. Infante | Jose F. Oliveros | Jose Tuason | |
| Jose Santiago | Jose M. de la Vina | Jose M. Lerma | |
| Jose Albert | Jose Coronel | Jose Alejandrino | |
| Jose Fernandez | Jose Luna | Juan Nepomuceno | |
| Juan Manday | Juan Tuason | Justo Lucban | |
| Leon Apacible | Leon Guerrero | Lorenzo del Rosario | |
| Lucas Gonzales Maninang | Manuel Xerex Burgos | Manuel Gomez Martinez | |
| Manuel Calleja | Marciano V. del Rosario | Mariano Abella | |
| Mariano Lopez | Mariano Crisostomo | Martin Garcia | |
| Mateo Gutierrez Ubaldo | Mateo del Rosario | Melecio Figueroa | |
| Mena Crisologo | Miguel Zaragoza | Narciso Hidalgo Resurreccion | |
| Pablo Ocampo | Pablo Tecson Roque | Patricio Bailon | |
| Pedro A. Paterno | Perfecto Gabriel | Pio del Pilar | |
| Raymundo Alindada | Ricardo Paras | Salvador V. del Rosario | |
| Santiago Barcelona | Santiago Icasiano | Sebastian de Castro | |
| Simplicio del Rosario | Sofio Alandi | Sotero Laurel | |
| Telesforo Chuidian | Teodoro Sandico | Teodoro Gonzales | |
| Tomas Arejola | Tomas G. del Rosario | Trinidad H. Pardo de Tavera | |
| Vicente Foz | Vicente Guzman Pagulayan | Vicente Somoza | |
| Vito Belarmino | --> -->|||
Presidency of the Revolutionary Government of the Philippines. D. Emilio Aguinaldo y Famy, President of the Revolutionary Government of the Philippines and Captain General and Commander-in-Chief of its Army. Know all Filipino citizens: That the Assembly of Representatives of the nation, by virtue of its sovereign power, has decreed and I have sanctioned the political Constitution of the state.
I command all the authorities, civil as well as military, of whatever class or rank, to keep it and cause it to be kept, complied with and executed in all its parts, because it is the sovereign will of the Filipino people.
Done at Malolos , on the twenty-first of January in the year eighteen hundred and ninety-nine .
EMILIO AGUINALDO
Philippine Politics and Governance
- Module 1: The Philippine Constitution, An Overview
- Teaching Resources
Author: Chad Osorio
The study of the Constitution falls under political law. According to the Supreme Court,
“Political law is the branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.”
Source: https://www.officialgazette.gov.ph/images/uploads/HALL.png
Both in Philippine law and international legal discussions, there are many definitions provided for the concept of a constitution. But simply put, Hamilton provides that the Constitution is “a law for the government, safeguarding individual rights, set down in writing.”
Constitutional Law primarily relies on the Constitution as the basis of all the laws of the land; however, some countries, such as the United Kingdom and Israel, do not have a written constitution and rely instead on general principles of the laws of the land ( jus commune ). The Constitution traditionally describes the form of government, and the authority by which that government exercises its power over the state, including the different branches of the Executive, its agencies, and independent commissions.
Constitutions and their principles mandate the rule of law . British legal theorist A. V. Dicey states three essential elements:
- The law is supreme over arbitrary and discretionary powers
- All men are equal in the eyes of the law
- The Constitution is a result of the ordinary law of the land
This means that the law, developed through the years, must apply equally to everyone. It should not easily be swayed by the nation’s current leaders and people in power.
It is important to note that we consider the Philippine Constitution as the supreme law of the land, meaning that no law subsequently passed can amend a Constitutional provision. This is why some provisions of enacted laws are considered “unconstitutional,” because in principle they go against specific provisions of the Constitution, and therefore should be struck down.
The Philippine Constitution is considered rigid as well. This means that it cannot be amended except for a special process called charter change or constitutional amendments, separate and distinct from ordinary legislation. This is in contrast with other countries, like the United Kingdom for instance. Their Constitution is considered flexible, as it may be changed in the same manner and through the same legislative body that crafts and modifies everyday law.
The Supreme Court, when interpreting the law and how it is applied, must always strive to uphold the spirit of the Constitution.
Most Essential Learning Competencies
This module aims to:
- Introduce the salient points of the Philippine Constitution and its historical development;
- Analyze the roles and powers of the executive branch of the government;
- Differentiate the roles and responsibilities of the Philippine Senate and the House of Representatives; and
- Analyze the roles and responsibilities of the Philippine Judiciary.
Content Standards
By the end of this module, learners are expected to demonstrate an understanding of:
- The historical development of the Philippine Constitution;
- General sections of the Philippine Constitution and key provisions thereof;
- Basic concepts and principles embodied in the Constitution, including “presidential immunity,” “separation of powers” and “checks and balances”, and;
- Areas for potential Constitutional reform.
Performance Standards
By the end of this module, learners are expected to:
- Be able to share the importance of understanding the Philippine Constitution and contextualizing it within the country’s history;
- Be knowledgeable and conversant regarding the basic provisions of the Philippine Constitution, and;
- Be able to share their ideas on how future Constitutional reforms could be implemented.
Lesson 1: Introducing the Philippine Constitution
Lesson Objectives
At the end of the lesson, the student is expected to be able to:
- Explain the importance of the Philippine Constitution to law and governance;
- Discuss the Philippine Constitution and its salient provisions; and,
- Expound upon the various key concepts in governance as provided by the Constitution.
Study Guide Questions
- What is a constitution?
- What are the significant developments in the Philippine Constitution throughout history?
- Why is it important to have an understanding of the Philippine Constitution?
Key Concepts
- Constitution — considered as the supreme law of the land, safeguarding individual rights
- Jus commune — general principles of the laws of the land; Latin for “common law”
- Charter Change — the process of introducing amendments to the Constitution
Self-Evaluation Form (Part I)
Answer the following questions:
- What do you already know about the Philippine Constitution?
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- As a learner and Filipino citizen, why do you think it is important for the 1987 Philippine Constitution to be followed?
- How did the Philippine Constitution develop?
The Philippines has had 5 constitutions since the country’s independence in 1898:
The 1899 Malolos Constitution (1899-1901). The Political Constitution of 1899 was enacted upon the declaration of independence of the Philippines from Spanish rule, and shortly before the Philippine-American War erupted. It had a total of 14 titles and 102 articles, the longest titles dealing with individual rights and the rest related to the administration of government. It was originally written in Spanish and was named after the place where it was signed, in Barasoain Church, Malolos, Bulacan.
The Malolos Constitution was never fully implemented due to several factors, primarily the US colonial regime under which the Philippines was placed. However, it paved the way for the Philippines to be known as the first republic in Asia.
The 1935 Constitution (1935-1943, 1945-1973). The 1935 Constitution established the Philippine Commonwealth. It had a total of 17 articles, subdivided into sections, and prepared the Philippines to establish its complete independence from the sovereignty of the United States. Key sections include the Bill of Rights, Citizenship and Suffrage, as well as the powers of the three branches of the government.
The 1943 Constitution (1943-1945). During the Japanese Occupation of the Philippines, a new Constitution was enacted. It was called a “puppet government” because decisions and actions were highly controlled by the Japanese Military Administration. The 1943 Constitution differed from the previous constitution in a number of ways. For example, this version of the Constitution begins with the Republic and an enumeration of the three branches of government. The Bill of Rights was renamed “Duties and Rights of the Citizen.” It is also the shortest Philippine Constitution at only 12 articles.
After the Japanese Occupation, the Philippines reverted to the 1935 Constitution.
The 1973 Constitution (1973-1986) . The 1973 Constitution shifted the system of the Philippine national government from presidential to parliamentary. Instead of Congress, it is the National Assembly which is vested with the power of legislation, headed by the Prime Minister, who serves as the Head of Government and the Commander-in-Chief of the Armed Forces of the Philippines. The President retains being Head of State and Chief Executive.
The 1973 Constitution has 17 articles. Many of its provisions were given with the imprimatur of then-dictator Ferdinand Marcos, Sr., favoring him and his ilk and allowing him to remain in power and plunder the country for more than twenty years. Certain provisions were revised in 1976, 1980, and 1981. This Constitution persisted until the promulgation of the 1987 Constitution.
The 1987 Constitution (1987-present) . This Constitution reinstated the bicameral legislature, removed the position of Prime Minister, and strengthened certain provisions to prevent government abuse, empower the people, and ensure the operation of republican and democratic principles.
It has the Preamble and 18 articles. In it, it describes the three branches of government and the independent constitutional commissions: COA, COMELEC, and CSC. The date of effectivity of the 1987 Constitution is on February 2, 1987 , the date of the plebiscite , and not on the date its ratification was proclaimed.
- How is the Philippine Constitution interpreted?
In Francisco v. House of Representatives , the Supreme Court stated three basic principles when interpreting the Constitution.
- Verba legis : Whenever possible, the words used in the Constitution must be given their ordinary meaning , except where technical terms are employed. It highlights that the Constitution, even though it is essential to the rule of law, is NOT primarily a lawyer’s document, and must be understood by the average person in order to be ever-present in the people’s consciousness.
- Ratio legis est anima : In cases of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers. It stresses that a doubtful provision must be examined in the light of the history of the times, and the condition and circumstances under which the Constitution was framed.
- Ut magis valeat quam pereat : The Constitution should be interpreted as a whole . This means that certain provisions should not be taken by themselves, especially in order to favor a specific objective, but rather interpreted together with all other provisions
The general presumption is also that all provisions of the constitution are self-executing unless the contrary is clearly intended. This means that Congress does not need to pass particular laws to enforce them.
However, statements of general principles, especially those embodied in Article II, are usually not self-executing, and only provide guidelines for legislation.
Exceptions to these exceptions are the
- right to a balanced and healthful ecology
- promotion and protection of health
- right to information
- Filipino First Policy
- What are the components of the Philippine Constitution?
The Supreme Court, in Lambino v. COMELEC , outlines the different aspects of the Philippine Constitution:
- Constitution of Government: establishes the basic structure of the government, its branches, and their operations.
- Constitution of Sovereignty : provides how the Constitution may be changed.
- Constitution of Liberty : states the fundamental rights of the people.
I. CONSTITUTION OF GOVERNMENT
The Legislative Department
Articles VI talks about the Legislative Department, the branch of the government tasked to make laws. It covers both the Senate and the House of Representatives, which together comprises the Philippine Congress.
The Senate is composed of 24 senators, serving 6 years for a maximum of 2 consecutive terms (Art. VI, Sec. 2 and 4). It is helmed by the Senate President (Art. VI, Sec. 16(1)).
The House of Representatives, on the other hand, is composed of a maximum of 250 members (unless otherwise increased by law), taking proportional representation from legislative districts based on the number of respective inhabitants (Art. VI, Sec. 5).
There is also a Party List system in the Congress, which gives sectoral groups access to representation in the House of Representatives (Art. VI, Sec. 5). Members of the House of Representatives serve for 3 years, for a maximum of 3 consecutive terms (Art. VI, Sec. 7). The Constitution mandates that the House of Representatives should elect its Speaker by majority vote, as well as choose other officers (Art. VI, Sec. 16).
Congress is said to have not only legislative power but also the “power of the purse”, giving its imprimatur on government budget and spending (Art. VI, Sec. 24 and 25).
The Executive Department
Article VII discusses the Executive Department, which implements the laws, headed by the President. In addition to heading all the executive departments, bureaus, and offices, the President is also the Commander-in-Chief of the Armed Forces of the Philippines.
The President and the Vice President both serve for six years (Art. VII, Sec. 3). The President is not eligible for re-election, while the Vice President can serve only a maximum of 2 successive terms (Art. VII, Sec. 3). While the President is vested with executive authority, there is no provision in the Constitution for the duties and responsibilities of the Vice President, except only to succeed the President in case of the former’s death, permanent disability, removal from office, or resignation (Art. VII, Sec. 8).
The President is also known as the Chief Architect of foreign policy, although all treaties and international agreements must still be concurred in by at least two-thirds of the Members of the Senate for them to be valid and effective (Art. VII, Sec. 21).
The Judiciary
Article VIII focuses on the Judiciary, which interprets the laws. It is headed by the Supreme Court, composed of the Chief Justice and 14 Associate Justices, serving until 70 years of age or until too incapacitated to perform the duties required by their respective offices (Art. VIII, Sec.4(1); Sec. 11).
All members of the judicial branch must be members of the Philippine Bar (licensed lawyers).
Independent and Special Offices
Article IX enumerates the different Constitutional Commissions. This includes the Commission on Elections, the Commission on Audit, and the Civil Service Commission. These are independent bodies designed to keep the three branches of government in check. All three enjoy fiscal and administrative autonomy to help ensure that they are not influenced by politics.
The Civil Service Commission serves as the central personnel agency of the government and handles the rules of admission, conduct, and discipline of those in public service.
The Commission on Elections is tasked to enforce all laws and regulations related to elections, plebiscites, initiatives, referendum, and recall. It also decides controversies related to the qualifications and election of all elective regional, provincial, and city officials.
The Commission on Audit ensures that government funds are properly spent and accounted for. It covers all bodies of Government, including government-owned and controlled corporations (GOCCs) and autonomies states’ colleges and universities.
Article X provides the basis for local governance . It subdivides the country into provinces, cities, municipalities, and barangays, with a special provision creating autonomous regions for Muslim Mindanao and the Cordilleras. These are all collectively called as local government units or LGUs.
Under Art. XIII, Sec. 17, the Constitution also mandated the creation of the independent Commission on Human Rights , tasked to investigate all forms of human rights violations involving civil and political rights.
Note that the CHR’s primary mandate is to protect citizens from the abuses of state actors. This ensures that government officials will not abuse their power at the expense of individual citizens. If a fellow citizen commits harms against another citizen, then generally this is not covered by the CHR but rather by criminal justice institutions, like the Philippine National Police.
Other, Non-Independent Offices
The 1987 Constitution also mandated the creation of a special agency for disabled persons (Art. XIII, Sec. 13) and the establishment of one police force (Art. XVI, Sec. 6), as well as a national language commission (Art. XIV, Sec. 9).
Other government institutions specifically referred to by the 1987 Constitution include the Sandiganbayan (Art. XI, Sec. 4), the Ombudsman, formerly known as the Tanodbayan (Art. XI, Sec. 5), the National Economic Development Administration (Art. XII, Sec. 9) and the Central Bank (Art. XII, Sec. 20).
II . CONSTITUTION OF SOVEREIGNTY
The Philippine Constitution affirms that sovereignty, the power of the state, resides in the people. Thus, the power to effect changes to the Constitution lies with the People as well.
Art. XVII, Sec. 2, for example, states that “amendments to this Constitution may likewise be directly proposed by the people through initiative,” provided that certain conditions are met, including a percentage of the total number of registered voters (12%) and territorial representation (3% of the registered voters of every legislative district).
It affirms Art. II, Sec. 1, which declares that “sovereignty resides in the people and all government authority emanates from them.”
III. CONSTITUTION OF LIBERTY
Art. III, the Bill of Rights, embodies the Constitution of Liberty. It lists down certain inviolable rights enjoyed by every citizen, and this includes:
- Sec. 1. Right to life, liberty and property, due process, equal protection of laws
- Sec. 2. Right against unreasonable searches and seizures
- Sec. 3. Privacy of communication and correspondence
- Sec. 4. Freedom of speech, expression, and the press, peaceful assembly
- Sec. 5. Freedom of religion
- Sec. 6. Liberty of abode and right to travel
- Sec. 7. Right to information
- Sec. 8. Right to form and join labor unions, associations, and societies
- Sec. 9. Right to just compensation for public acquisition of private property
- Sec. 10. Freedom to contract
Source: https://www.pressreader.com/philippines/manila-bulletin/20150210/281689728237914
- Sec. 11. Free access to legal assistance, the courts, and quasi-judicial bodies
- Sec. 12. Rights of the accused, including the right to be informed, the right to counsel, and the prohibition on torture
- Sec. 13. Right to bail
- Sec. 14. Due process, right to be considered innocent until proven guilty
- Sec. 15. The writ of habeas corpus
- Sec. 16. Right to timely justice and speedy disposition of cases
- Sec. 17. Right against self-incrimination
- Sec. 18. Right against prosecution for political beliefs and ban on involuntary servitude
- Sec. 19. Right against excessive fines and cruel, inhuman, and degrading punishments, including substandard or inadequate penal facilities under subhuman conditions
- Sec. 20. Non-imprisonment for failure to pay debt or poll tax
- Sec. 21. Right against double jeopardy
- Sec. 22. Prohibition on ex post facto laws and bills of attainder
- What are the concepts and key points embedded in the Philippine Constitution?
The Constitution emphasizes the primacy of civilian authority (Art. II, Sec. 3), considering that sovereignty and all government authority emanates from the people (Art. II, Sec. 1).
The Constitution, while prescribing authority to the government, also often provides a structure by which to prevent abuses of its power. This is often described as checks and balances , where the different branches of the government share in the power of the sovereign, and that no one branch will amass so much power to the detriment of the others. This is based on the concept of separation of powers . While not specifically mentioned in the Constitution, the concept is respected in practice.
“It does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government.”
Because of the imposition of Martial Law in the 1970s and the massive abuse of executive and legislative power that came afterward, the Framers of the 1987 Constitution included stricter provisions to prevent such abuses from happening again. Art. VII, Sec. 18 retains the power of the President as the Commander in Chief of the Armed Forces and allows the imposition of martial law and the suspension of the writ of habeas corpus. However, this particular section limited it to a period not exceeding 60 days; at the same time, such a decision must be presented to Congress within 48 hours, with the latter body having the power to revoke the proclamation and/or suspension. At the same time, the Supreme Court may review the sufficiency of the factual basis of the said proclamation and/or suspension and issue a ruling within 30 days upon the filing of the complaint.
Though not specifically mentioned in the Constitution, the President enjoys executive immunity : this means that during their stay in power, they are immune from suit. They can only be removed by impeachment (Art. XI, Sec. 1).
The Legislative department has a similar, but much more limited, immunity.
Members of Congress are privileged from arrest during the duration of their term if they are charged with criminal offenses punishable by not more than 6 years in prison (Art. VI, Sec. 11). Furthermore, this only applies when Congress is in session.
The Philippines, while it adopts generally accepted principles of international law (Art. II, Sec. 2), also strives to maintain an independent foreign policy (Art. II, Sec. 7), both of which are paramount in order to build a strong interdependent, international community.
The Constitution also promotes a number of different values , such as human rights, family, youth, women, health, environment, education, science and technology, arts, culture, and sports, labor, indigenous cultural communities, and civil society activities. It also seeks to prohibit political dynasties, graft, and corruption (Art. II).
Art. IV discusses citizenship , as to who is considered a Filipino national while Art. V talks about suffrage, otherwise known as the right to vote . In line with this, the Constitution also provides provisions on ownership : what can and cannot be owned by Filipinos and non-Filipinos.
For example, Art. XII, Sec. 3 prohibits the acquisition of real estate property by foreigners, unless acquired through hereditary succession. Art. XIV, Sec. 4 (2) requires that educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per cent of the capital of which is owned by such citizens. Another example is mass media, whose ownership is limited to citizens of the Philippines, or to corporations, cooperatives, or associations, wholly owned and managed by such citizens (Art. XVI, Sec. 11(1))
There are a number of other industries the ownership of which is limited by the Constitution, including the exploration and utilization of natural resources (Art. XII, Sec. 2), grants and franchises of public utilities (Art. XII, Sec. 11), and advertising (Art. XVI, Sec. 11(2)), among others.
While the Constitution advocates for the separation of church and state and disallows laws from establishing a religion (Art. II, Sec. 6; Art. III, Sec. 5), it nevertheless forwards the free exercise thereof, meaning people are free to individually choose what religion to follow, if at all (Art. III, Sec. 5).
- Is the Philippine Constitution perfect?
The simple answer is NO. The Constitution, while possessing a number of exemplary characteristics, possesses well-grounded criticisms against it.
As the Supreme Law of the land and the basis of every other law arising, the Constitution must be written in a simple manner, easily understandable by the common person. Instead, it is peppered with platitudes, beginning from the Preamble and until the end.
The 1987 Constitution is also the longest Constitution of the Philippines to date and contains details otherwise not usually seen in constitutions of other countries. Many of these details could otherwise have been left to the legal codes, and not embedded in the Constitution.
The organization of the 1987 Constitution leaves much to be desired, and there are many examples of this. Art. III, Sec. 14 (1) mentions due process, repeating Sec. 1 of the same article. Art. VII, Sec. 21 talks about the Senate, when the entire article actually refers to the Executive department. Repetitions of similar values, concepts, and terms are common, highlighting the redundancy of provisions.
In addition, there are recent moves to transform the Presidential system of government to a Parliamentary, Federal form of government. Proponents insist that this could be the key to empowering local government and could result in inclusive development across the different islands of the Philippines. However, a working framework for this is yet to be presented.
Because of these factors, there are proposals to modify the 1987 Constitution. This is all well and good: after all, updating the basic law created more than three decades and a half prior to reflect the changing times is a positive legal development.
However, we must be vigilant not to let unscrupulous entities insert self-serving provisions into the new version.
Something to Remember: A little knowledge is a dangerous thing. Please note that this module serves only as a summary and utilizes keywords to make the concepts easier to understand. But before citing a provision of the Constitution in discussions and arguments, please make sure to read the actual provision first. And in cases of doubt, don’t hesitate to read more about it.
1. What do you already know about the Philippine Constitution?
2. As a learner and Filipino citizen, why do you think it is important for the 1987 Philippine Constitution to be followed?
- List of Activities
Synchronous Activities
Activity 1: A Piece of Your Mind
Instructions. Based on the discussion above, if you were given the chance, what constitutional reforms would you forward? Give at least two (2) suggestions, as well as a brief description and justifications with three to five sentences each.
Asynchronous Activities
Activity 1: Old and the New
Instructions: Read the previous versions of the Philippine Constitution, focused on provisions related to the Bill of Rights. What changes have you noticed? Write 300 words on the topic.
Self-Evaluation Form (Part 2)
- Do you think there are points for improvement in the Philippine Constitution? Why or why not?
- What are occurrences around you, or in the news that you observe, which follow or do not follow the Philippine Constitution?
Rubric for Discussions
| The central theme/idea/argument of the student’s output is focused and supported by evidence which indicates mastery of the content. | ||||
| The flow of the discussion of the central theme/idea/theme is coherent. | ||||
| The form and presentation of the central theme/idea is clear, persuasive, polite, and easy to understand. |
Rubric for Written Outputs
| The central theme/idea of the paper is focused and supported by evidence which indicates mastery of the content. | ||||
| The flow of the discussion of the central theme/idea is coherent. | ||||
| The form and presentation of the central theme/idea is clear and easy to understand.. |
Constitution of the Republic of the Philippines: Govph . Official Gazette of the Republic of the Philippines. (n.d.). Retrieved from https://www.officialgazette.gov.ph/constitutions/1987-constitution/
The First Philippine Republic. National Historical Commission of the Philippines. (2012). Retrieved from https://nhcp.gov.ph/the-first-philippine-republic/
Angara v. Electoral Commission, G.R. No. 45081 (July 15, 1936)
De Leon v. Esguerra, G.R. No. 78059 (August 31, 1987)
Espina v. Zamora, G.R. No. 143855 (September 21, 2010)
Francisco vs House of Representatives Case, GR 160261, 415 SCRA 44 (November 10, 2003)
Imbong v. Ochoa, G.R. No. 204819 (April 8, 2014)
Lambino v. COMELEC, G.R. No. 174153 (October 25, 2006)
Legaspi v. CSC, G.R. No. L-72119 (May 29, 1987)
Manila Prince v. GSIS, G.R. No. 122156, 335 Phil. 82 (February 3, 1997)
Oposa v. Factoran, G.R. No. 101083 (July 30, 1993)
People v. Perfecto, G.R. No. L-18463 (October 4, 1922)
- Introduction
- Rubrics for Grading
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![[JSTOR (head)]](https://archive.org/images/extlnk.png "[JSTOR (head)]")
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A striking feature of the Malolos Constitution is that while it envisioned a republican state with the President as head, it did not actually establish a presidential system that we have today.
CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES (MALOLOS CONVENTION) The President of the Council, Apolinario Mabini. PREAMBLE
The Political Constitution of 1899 (Spanish: Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as an alternative to a pair of proposals to the Malolos Congress by Apolinario Mabini and ...
The 1899 Malolos Constitution (1899-1901). The Political Constitution of 1899 was enacted upon the declaration of independence of the Philippines from Spanish rule, and shortly before the Philippine-American War erupted.
Malolos Constitution A committee headed by Felipe Calderon and aided by Cayetano Arellano, the constitution was drafted, for the first time by representatives of the Filipino people and it is the first republican constitution in Asia.
THE MALOLOS CONSTITUTION A FILIPINO ATTEMPT AT CONSTITUTION-MAKING HE only constitution ever framed by Filipinos is what is known as the Malolos Constitution, taking its name from the then capital of the Filipino Revolutionary Government. This constitution, to be understood, should be viewed in relation to its background: centuries of Spanish rule
Read the Malolos Constitution and compare its content to the goals and aspirations of the Philippine Revolution. Did the Constitution produce the radical outcomes that the Filipinos expected? Answer this question through a 2-3 page short essay. Andres Bonifacio founded the revolution as a secret organization. The purpose of this revolution was ...
Read the 1899 Malolos Constitution, the first republican charter in Asia, in Spanish and English, and learn its historical context.
Asian History Commons. The most contentious issue in the Revolutionary Congress that crafted the 1899 Malolos Constitution pertained to the separation of church and state, which won by a mere one vote.
The Malolos Constitution is an article from Political Science Quarterly, Volume 36. View more articles from Political Science Quarterly.View this article on... Skip to main content. We will keep fighting for all libraries - stand with us! A line drawing of the Internet Archive headquarters building façade. An illustration of a heart shape "Donate to the archive" An illustration of a ...
1. trace the evolution of the Philippine Constitution throughout the country's history; and. 2. discuss the distinct features of the different constitutions of the Philippines. Learning Content. The 1897 Biak-na-Bato Constitution. On March 22, 1897 at San Francisco de Malabon, Cavite where, the first presidential and.
What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic.
The most contentious issue in the Revolutionary Congress that crafted the 1899 Malolos Constitution pertained to the separation of church and state, which won by a mere one vote. Until now this episode in Philippine history has not received a satisfactory explanation, which this article seeks to offer.
Full Text of Malolos Constitution. In accordance with the decrees of June 18 and 23, 1898, Aguinaldo convoked the Revolutionary Congress at Barasoain, Malolos. Peace and order conditions in some provinces were such that Aguinaldo was compelled to appoint their delegates to Congress.
The Malolos Constitution was the first constitution of the Philippines and established the first Philippine Republic. It was drafted and approved in 1898-1899 but was short-lived.
Calderon was the author of the Malolos Constitution, which was enacted on January 20, 1899 by the Malolos Congress that established the First Philippine Republic. The original was written in Spanish, which became the first official language of the Philippines. Notably, Calderon established two law universities -- Liceo de Manila, the first law ...
RPH Malolos 1935 and 1973 Constitution - Free download as PDF File (.pdf), Text File (.txt) or read online for free. The Malolos Constitution of 1899 established the First Philippine Republic and was the first constitution created by Filipinos.
MALOLOS CONSTITUTION POLITICAL CONSTITUTION. We, the Representatives of the Filipino people, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign legislator of the Universe for the attainment of these ends, have voted, ...
The first constitution framed by the Filipinos is what is known as the Malolos Constitution, taking its name from the then capital of the Filipino Revolutionary Government. This constitution, to be understood, should be viewed in relation to its background: centuries of Spanish rule over the Philippines, insurrections first against the ...
A. MALOLOS CONSTITUTION The only constitution ever framed by Filipinos is what is known as the Malolos Constitution, taking its name from the then capital of the Filipino Revolutionary government. This constitution, to be understood, should be viewed in relation to its background.
Palabras clave. Constitución de Cádiz; Constitución de Malolos; estructura; soberanía; forma de gobierno; separación de poderes; derechos fundamentales. Abstract. The main purpose of this paper is to provide a comparative analysis of the Constitutions of Cadix of 1812 and Malolos of 1899.
The Malolos Congress drafted the Malolos Constitution in 1898 at the Barasoain Church in Malolos City, Bulacan. The constitution established the First Philippine Republic and outlined the new government, separating church and state and calling for elections and civil rights. It was ratified on November 29, 1898 and promulgated into ...
The Malolos Constitution • Mabini envisioned the Congress to be an advisory body of the President. • But his idea was contradicted by Congress when it opposed to draft a constitution.
Among those thinkers were the American Founders. Fostering a complex kind of unity was one of their principal aims in designing the Constitution. That goal helps explain why they sought to create ...