1898 Constitution
(Malolos Constitution)
After the declaration of the
independence on june 12, 1898 ,
President Aguinaldo established a
revolutionary government and
called on foreign government and
the judiciary then upon the advise
of Apolinario Mabini, election of
delegates to revolutionary
congress shall take place.
On September 15, 1898, the first
session of revolutionary congress
was held in Malolos where they
elected their set officers. It was
also in the course of the session
that was decided to draft a
constitution. The was eventually
approved and promulgated on
January 21, 1899.
The 1899 Constitution or the
Malolos Constitution is the first
constitution drafted by Filipino
law makers. It established the
Republic of the Philippines with a
government that was ,''popular,
representative, and responsible
''. It mafe the Philippines the first
in Asia to establish a republican
system of government. One of the
most controversial provision that
was included in the Constitution
is the principle of separation of
church and state.
Intended Learning Outcome
After having gone through lesson , that student will
be able to:
1. Narrate the history of the enactment of the 1899
Constitution;
2. Discuss the salient features of the 1899
Constitution; and
3. Explain the unique provisions of the 1899
Constitution.
Salient Features of the 1899
[Link] government was composed of the three
branches executive; legislative , and judiciary. The
executive power was vested to the President who
was elected in the Assembly of Representatives who
were elected by the Supreme Court and such other
court as may be created by law.
[Link] legislature was more powerful than the
executive department. It elected the President and
the Chief Justice of the supreme court.
3. The Assembly of the
Representatives, when not in
session, legislative power is exercised
by a Permanent Commission
composed of seven assemblymen.
[Link] cabinet secretaries were
responsible to the legislature and not
to the president.
Preamble
''We the Representative of the Filipino
people, lawfully convened, in order to
established justice, provide for common
defense, promote general welfare, and
insure the benefits of liberty, imploring the
aid of the Sovereign Legislator of the
Universe for the attainment of the ends,
have voted, decreed,and sanctioned the
following:''
The Preamble provides the
''Representative of the Filipino People''
seeks to provide common defense,
promote general welfare and insure
the benefits of the liberty. It also ask
for the aid of ''Sovereign Legislator of
the Universe'' which is unique from
the wordings of the Preamble of the
1973 Constitution which uses ''Divine
Providence" and the 1987 Constitution
which is ''Almighty God''.
Philippine Republic
Section 1 provides that the
official name of the country
is Philippine Republic.
GOVERNMENT
Section 4 provides that the government is
popular, representative, alternative ,and
responsible . It enumerates the three branches
of the government namely: legislative,
executive and judiciary with three distinct
powers. The section sentence states "any two
or more of these three powers shall never be
united in one or cooperation, nor the legislative
power vested one single individual provides a
safeguard against dictatorship.
Religious Freedom
It guarantees freedom of religion and
laid down one of the oldest principles
embodied in every constitution that is
" separation of church and state". The
provision about separation of church
and state and religious freedom is the
most controversial and much debated
section of 1899 Constitution.
Who are the Filipinos?
Article 6 of the 1899 Constitution enumerates "who
are the Filipinos "and section did not use the word
citizen of the Philippines ". The Filipinos are; (1) all
persons born in the Philippine territory. A vessel of
Philippine registry is considered, for this purpose , as
part of Philippine territory;(2) children of a Filipino
father or mother, although born outside of the
Philippines; (3) foreigners who have obtained
certification of naturalization; and(4) those who,
without such certificate, have acquired a domicile in
any town within Philippine territory.
It is understood that the domicile
is acquired by interupted residence
for two years in any locality within
Philippine territory, with an open
abode and known occupation , and
contributing to all taxes imposed by
Nation. The condition of being a
Filipino is lost in accordance with
law.
Rights guaranteed by the 1899 Constitution
1. No Filipino or foreigner shall be detained nor imprisoned except for the commission of
a crime(Title IV, Article 7)
2. All persons detained shall be discharged or delivered to the judicial authority within 24
hours following the act of detention (Title IV, Article 8)
3. No Filipino shall imprisoned except by virtue of an order by a competent court (Title IV,
Article 9).
4. No one shall enter the dwelling house of any Filipino or a foreigner residing in the
Philippines without his consent (Title IV, Article 10)
5. No Filipinos shall be compelled to changed his residence or domicile except by virtue
of a final judgement (Title IV, Article 11).
6. No correspondence confided to the post office be detained or opened by government
authorities, nor any telegraphic or telephonic messages (Title IV. Article 12).
7. All orders of imprisonment, of search dwelling house, or detention of written
correspondence, telegraph or telephone must be justified (Title IV, Article 13).
8. No Filipino shall prosecuted or sentenced, except by a judge or court of proper
jurisdiction (Title IV, Article 14).
9. All person detained or imprisonef not in accordanced with legal
formalities shall be relesed upon his own petition or upon petition of
another perso (Title IV, Article 15).
10. No one shall be deprived of his property by expropriation except on
grounds of public necessity and benifit (Title IV, Article17).
11. None shall be obliged to payany public tax which had not been
approved by thae National Assembly or by local popular governments (
Title IV, Article 18).
12. No Filipino shall deprived of his/her ideas or opinions, orally in
writing through the use of the press or other similar means(Title IV,
Article 20).
13. No Filipino shall deprived of his /her fight of assiciation fot
purposes of human life and which are not contrary to piblicmorals(Title
IV, Article 20).
14. No Filipino shall deprived of his/ right to send petitions to
authorities, individually or collectively (Title IV, Aticle 20).
[Link] Filipino may estsblish and maintain institutions of learning, in
accordance with the laws authorizing the. Public educatiin shall be free
and obligstory an all schools of the natio (Title IV, Article 20).
16. Foreigners may freely reside in Philipppine
territory, subject to legal dispositions regulating the
matter: may engage in any occupation or profession
for the exercise of which n9 special licence is
required by law to be issued by national authorities
(Title IV, Artcle 24).
17. No Filipino shall be impeded in his right to travel
freely abroad or in his right to transfer his residence
orpossesions to another country (Title IV, Article 25).
Powers of the three branches
of the government
Legislative Power
• Elect the president of the Republic
• Act as 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.
• Promulgate its own rules
• Examine the legality of the elections and the legal
qualifications of its elected members.
• Override the veto of the President
Executive Power
•Initiates the introduction of bills
•Promulgate and execute laws
•Veto Power
•Declare war and ratify treaties eith the prior
consent of the National assembly
•Supervise civil and military employees in
accordance with the laws
•Appoint the secretaries of the Government
•Direct the diplomatic and commercial relation
with foreign powers
•Grant pardon
• Preside over all national functions anfreceive
ambassadors and accreditex representstive of foreign
powers.
• The President may be authorize by specisl law:(1) to
alienate, transfer or excahnge any portion of Philippine
territory:(2) to incorporate any other territoryto the
Philipoine territory:(3) toadmitthe satiining of foreign
troops in Philippine territory:(4) to ratify of alliance,
defensive as well as offensive,special treaties of
commerce, those which stipulate to grant subsidies to a
foreign power, and those which may compel Filipinos to
render personal services:(5) to grant general amnesties
and pardons; and (6) to coin money.
• With the prior approval by majority vote of its
members, the President may dissolve the Nstionsl
Assembly.
•
Judiciary Power
• Power to apply laws
• In the absence of the President, his function shall
be execised by chief justice of the Supreme Court
Ammendment to the Constitution
Article 89 provides "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". The provisionauthorizes the legislature
and the President to propose amendments to the
constitution.
Unique provision in the 1899 constitution
1. Official name of the country specified. Title 1 Article 1
of the constitution provides that the state shall be
known as Philippine Republic.
2. Freedom of Religion is guaranteed including
seperation of church and state. This is the first Philippine
Constitution that guaranteed religious freedom. It aldo
prohibits establishments of stae religion.
3. Jus Soli as the principle used in the acquisition of the
Philippine citizenship. Title IV Sectiin 6 paragraph 1
provides that "all persons born in Philippinne territory
including vessels of the Philippine registry" is included.
4. Basic civil and political rights are not arrange according to their value
and importance. The enumeration of rights and the provisions on
citizenship are merged in one Title.
5. In absense of the President, his function shall be execised by the Chief
Justice of the Supreme Court. There is no Vice President of the Republic.
6. Permanent Commission is created during the adjournment of the
Assembly. The Comissiin shal be comoposed of seven members which is
to act upon the pending matters which require proper action.
7. Chief justice of the Supreme Court and the Solicitstor-General is
chosen by National Assembly with the concurrence of the President and
the Secretaries of the Government. The Constitution provides that the
highest official of the Supreme Court including the Solicitator-General is
both chosen by the members of the Legiaslative.
8. The President can dissolve the Assembly. With the approval of the
majority, the Representative hsve the power to dissolve .the legislative
