Chapter 4: Social, Political, Economic, and Cultural Issues in Philippine History

Evolution of the Philippine Constitution

Constitution – set of fundamental principles or establish precedents according to which a state or other
organization is governed

- To be part of a whole
- The coming together of distinct entities into one group, with the same principles (principles
define the nature and extent of government) and ideals.

The Constitution of the Philippines – the supreme law of the Republic of the Philippines since 1987

3 other constitutions:

 1935 Commonwealth Constitution

 1973 Constitution
 1986 Freedom Constitution

1897: Constitution of Biak-na-Bato

- The provisionary constitution of the republic of the Philippines during the Philippine
Revolution
- Promulgated by Philippine Revolutionary Government (November 1,1897)
- Borrowed from Cuba
- Written by Isabelo Artacho and Felix Ferrer in Spanish (later translated in Tagalog)
- Was never fully implemented, since a truce, the Pact of Biak-na-Bato was signed between
the Spanish and Philippine Revolutionary Army.
- Primary Source: Preamble of the Biak-na – Bato Constitution
 Separation of Philippines from Spanish monarchy
 Formation into an independent state
 Government is called Philippine Republic
 War began, August 24, 1896
- Organs of the Government under the Constitution:
 Supreme Council – headed by president and four department
secretaries:
o Interior
o Foreign affairs
o Treasury
o War
 Consejo Supremo de Gracia y Justicia (Supreme Council of Grace and
Justice) – makes decisions and affirm or disapprove the sentences
rendered by other courts
- Dictate rules for the administration of justice
 Assamblea de Representantes (Assembly of Representatives)
-to be convened after the revolution to create a new
Constitution and to elect a new Council of Government and
Representatives of the people.
 In July 1897, Emilio Aguinaldo established the Biak-na-Bato Republic and issued a
proclamation stating the following demands:
1. Expulsion of the friars and the return of the friar lands to the Filipinos
2. Representation in the Spanish Cortes
3. Freedom of the press and of religion
4. Abolition of the government’s power to banish Filipinos
5. Equality for all before the law

Supreme Council:
President : Emilio Aguinaldo
Vice President: Mariano Trias
Antonio Montenegro - Secretary of Foreign Affairs
Isabelo Artacho - Secretary of the Interior
Emiliano Riego de Dios - Secretary of War
Baldomero Aguinaldo - Secretary of the Treasury

The sun had eight rays, representing the eight provinces that Spain had placed under Martial
Law:
1. Manila
2. Bulacan
3. Cavite
4. Pampanga
5. Tarlac
6. Laguna
7. Batangas
8. Nueva Ecija

The Spanish government will grant self-rule to the Philippines in 3 years if Aguinaldo went to exile in
Hong Kong and surrender to his arms. In exchange, Aguinaldo will receive 800,000 (Mexican Pesos) as
remuneration to the revolutionaries and an amnesty. After receiving a partial payment of 400,000
Aguinaldo left for Hong Kong on board the ship Uranus, December 27, 1897.

• The Filipinos and the Spaniards did not trust each other
• As a result, periodic clashes between the two groups still took place even after Aguinaldo’s
departure from the country
• The Spanish did not pay the entire agreed amount

• Biak na Bato is the first republic ever made in the Philippines and the end of revolution against
Spaniards
• The Pact of Biak na bato was an agreement made to stop the revolution and it eventually failed

Persons who built biak-na-bato constitution

• Emilio Aguinaldo
• Gov. Gen. Primo de Rivera
 • Pedro Paterno
-To end the clash between Filipinos and Spaniards, he volunteered to act as negotiator

1899: Malolos Constitution

- After the signing of the truce, the Filipino revolutionary leaders accepted a payment from
Spain and went to exile in Hong Kong.
- Upon the defeat of Spain to the Americans in the battle of Manila Bay on May 1, 1898, the
US Navy transported Aguinaldo back to the Philippines
- Newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo
- The Philippine Declaration of Independence was issued on June 12, 1898
- The Malolos Congress was elected, which selected a commission to draw up a draft
constitution on September 17, 1898 (the commission was composed of wealthy and
educated men)
The Political Constitution of 1899
- The document they came up with was approved by the congress on November 29, 1898
- Promulgated by Aguinaldo on January 21, 1899
- Was written in Spanish
- 39 articles, Divided into 14 titles, 8 articles of transitory provisions , And a final additional
article
- Patterned after the Spanish Constitution of 1812 with influences from the charters of
Belgium, Mexico, Brazil, Nicaragua, Costa Rica and Guatemala, and the French Constitution
of 1793
- According to Felipe Calderon(main author of Constitution), these countries shared, similar
social, political, ethnological, and governance conditions with the Philippines
- Prior Constitutional Projects in the Philippines also influenced the Malolos Constitution:
 The Kartilya and the Sanggunian-Hukuman
 The charter of laws and morals of the Katipunan written by Emilio
Jacinto in 1896
 The Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho
 Mabini’s Constitutional Program of the Philippine Republic of 1898
 The provisional Constitution of Mariano Ponce in 1898 that followed the
Spanish constitutions
 Autonomy projects of Paterno in 1898
- Primary Source: Preamble of the Political Constitution of 1899
 Establish justice
 Provide for common defense
 Promote the general welfare
 Insure the benefits of liberty
- As a direct challenge to colonial authorities of Spanish Empire, the sovereignty was
retroverted to the people, a legal principle underlying the Philippine Revolution.
- The people delegate governmental functions to civil servants while they retain actual
sovereignty
- The 27 Articles of Title IV detail the natural rights and popular sovereignty of Filipinos, the
enumeration of which does not imply the prohibition of any other rights not expressly
stated.
- Title III Article V, declares that State recognizes the freedom and equality of all beliefs, as
well as the separation of Church and State
- These are direct reactions to features of the Spanish Government in the Philippines, where
the friars were dominant agents of the State.
- The form of government, according to Title II Article IV is to be popular, representative,
alternative and responsible, and shall exercise 3 distinct powers:
 Legislative
 Executive
 Judicial
- The legislative power was vested in a unicameral body called the Assembly of
Representatives, members are elected for four year-term
- Secretaries were given seats in the assembly
- Meets annually for a period of at least 3 months
- Bills are introduced by either the president or member of the assembly
- Some powers not legislative in nature were also given to the body, such as the right to select
its own officers, right of censure and interpellation, and the right of impeaching the
president,cabinet members, chief justice of the supreme court and the solicitor general.
- A permanent commission of 7, elected by the assembly, and granted specific powers by the
constitution, was to sit during the intervals between sessions of the assembly.
- Executive power was vested in the president, elected by constituent assembly of the
Assembly of the Representatives and special representatives.
- The president will serve a term of 4 years without re-election, and vice-president. In case of
vacancy, a president was to be selected by the constituent assembly.
- The 1899 Malolos Constitution was never enforced due to the ongoing war.
- The Philippines was effectively a territory of US upon signing of the Treaty of Paris between
Spain and US, transferring the sovereignty of the Philippines on December 10, 1898.

- Over 300 years of Spanish rule, the country developed from a small overseas colony
governed from the Viceroyalty of New Spain to a land with modern elements in the cities.

- Bonifacio issued the Cry of Balintawak which began the Philippine Revolution in 1896.

- In 1897, the Tejeros Convention was convened and the Constitution of Biak-na-Bato drafted

and ratified. It was drafted by Isabelo Artacho and Félix Ferrer and based on the
first Constitution of Cuba.

- Emilio Aguinaldo (who had replaced Bonfiacio as leader) and other revolutionary leaders
accepted a payment from Spain and went into exile in Hong Kong.

- On May 1, 1898, the American force defeated the Spanish in the Battle of Manila Bay. Later
that month, the U.S. Navy transported Aguinaldo back to the Philippines.
- Elections were held from June 23 to September 10, 1898 for a new national legislature,
the Malolos Congress.