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Evolution of the 1899 Malolos Constitution

The document discusses the evolution of the Philippine Constitution from 1899 to the present. It begins by providing context about the importance of constitutions in establishing rights, government structure, and obligations. It then summarizes some key events in the development of the Philippine Constitution, including the establishment of the 1899 Malolos Constitution, which created the First Philippine Republic led by Emilio Aguinaldo and included provisions establishing the separation of church and state. The document aims to help students understand the evolution of the Philippine Constitution over time and compare provisions across different versions.

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Guki Suzuki
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0% found this document useful (0 votes)
1K views5 pages

Evolution of the 1899 Malolos Constitution

The document discusses the evolution of the Philippine Constitution from 1899 to the present. It begins by providing context about the importance of constitutions in establishing rights, government structure, and obligations. It then summarizes some key events in the development of the Philippine Constitution, including the establishment of the 1899 Malolos Constitution, which created the First Philippine Republic led by Emilio Aguinaldo and included provisions establishing the separation of church and state. The document aims to help students understand the evolution of the Philippine Constitution over time and compare provisions across different versions.

Uploaded by

Guki Suzuki
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Evolution of the Philippine Constitution

Introduction
The second most important book after the Bible is Constitution. The constitution provides
the rights of the people, the structure of government, the principles and policies, who are
citizens and who may exercise suffrage, the obligations of the government and many other
important provisions. The constitution serves as the protector against any violation of individual
rights committed by the government and other entities and the medium to assert faithtful
compliance of the government on its obligations to the citizenry.
The Philippine Constitution has undergone several revisions and amendments according
to the situations and needs of the people from 1899 Constitution to the 1987 Constitution.
Should it be revised or amended again, it is hoped that it will be changed to improve the lives of
the people and promote their welfare.

Intended Learning Outcomes


After having gone through the chapter, the student will be able to:
1. Narrate the evolution of the Philippine Constitution;

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2. Compare the provisions of different Philippine Constitution;

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3. Discuss salient features of different Philippine constitutions; and

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4. Explain the flaws and criticisms of different Philippine constitution.

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1899 Constitution (Malolos Constitution)
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A. LESSON PREVIEW/REVIEW
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1. Introduction
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Activity 1: Tell me something about your ideas or learnings from your previous Grade or
Year Level in school about 1898 constitution. In this activity you are free to search in the internet
about the salient features of 1898 Malolos Constitution. (10pts.)
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Write your answers here:


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= Based on what I have research in the net the 1898 Malolos Constitution established a
democratic, republication government with three branches - the Executive, Legislative and the
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Judicial branches. It called for the separation of church and state. The executive powers were to
be exercise by the president of the republic with the help of his cabinet. A constitution placed
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limitations on unsupervised freedom of action by the chief executive which would have
hampered rapid decision making. As it was created during the fight for Philippine independence
from Spain, however, its Article 99 allowed unhampered executive freedom of action during
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wartime. Unsupervised executive governance continued throughout the Philippine–American


War which erupted soon after proclamation.

Activity 2: What is Preamble in the 1898 Constitution? (10pts.)

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Write your answers here:

= The preamble in 1898 Constitution is “We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.”

Activity 3: What is Philippine Republic? (10pts.)


Write your answers here:

= The Philippine Republic more commonly known as the First Philippine Republic or the Malolos
Republic was a nascent revolutionary government in the Philippines. It was formally established

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with Emilio Aguinaldo as president by proclamation of the Malolos Constitution on January 21,

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1899, in Malolos, Bulacan, succeeding the Revolutionary Government of the Philippines. It

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endured until the capture of Aguinaldo by the American forces on March 23, 1901, in Palanan,
Isabela, which effectively dissolved the First Republic. The First Philippine Republic was

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established after the Philippine Revolution against the Spanish Empire (1896–1897) and the
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Spanish–American War between Spain and the United States (1898). Following the American
victory at the Battle of Manila Bay, Aguinaldo returned to the Philippines, issued the Philippine
Declaration of Independence on June 12, 1898, and established successive revolutionary
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Philippine governments on June 18 and 23 of that year. In December, Sovereignty over the
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Philippines was transferred from Spain to the United States in the 1898 Treaty of Paris, making
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the United States formally the Philippines colonial power. The Malolos Constitution establishing
the First Philippine Republic was proclaimed the following month. The Philippine–American War
began in February 1899, eventually resulting in American victory.
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Activity 4: What is government? (10pts.)


Write your answers here:
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= A government is the system or group of people governing an organized community, generally


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a state. In the case of its broad associative definition, government normally consists of
legislature, executive, and judiciary. It is also determined as the body of persons that constitutes
the governing authority of a political unit or organization such as the officials comprising the
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governing body of a political unit and constituting the organization as an active agency The
government was slow to react to the crisis.

Activity 5: Who are Filipinos? (10pts.)

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Write your answers here:

= Filipinos are the people who are native to or citizens of the country of the Philippines. An
especially well-known characteristic of the Philippines and its people is hospitality. It's one of
those identifying traits associated so closely to being a Filipino. Warmly accepting guests comes
to Filipinos so naturally it almost seems hardwired into their systems.

B. CONTENT NOTES

Introduction
After the decleration of independence on June 12, 1898, President Aguinaldo
established a revolitionary government and called on foreign governments to recogniz the
independence of the Philippines. He also started reorganizing the local government and the
judiciary then upon the advise of Apolinario Mabini, election of delegates to revolitionary
congress shall take place. On September 15, 1898, the first session of revolutionary

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governmetn congress was held in Malolos where they elected their set of officers. It was also in
the course of the session that it was decided to draft a constitution. The constitution wa

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eventuallly approved and promulgated on January 21, 1899.
The 1899 Constitution or the Malolos Constitution is the first constitution drafted by

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Filipino lawmakers. It established the Republic of the Philippines with a government that was
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“popular, representative, and responsible.” It made the Philippines controversial provision that
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was included in the constitution is the principle of seperation of church and state.

Salient Features of the 1899 Constitution


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1. The government was composed of three branches; executive, legislative, and judiciary. The
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executive power was vested to the President who was elected by the Assembly of
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Representatives (Legislature). Legislative power was vested in the Assembly of Representatives


who were elected by the people. It was a unicameral legislature. Judicial power was vested to
the Supreme Court and such other courts as may be create by law.
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2. The legislature was more powerful than the executive department. It elected the President an
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the Chief Justice of the Supreme Court.

3. The Assembly of Representatives, when not in session, legislative power is exercised by a


Permanent Commission composed of seven assemblymen.
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5. The cabinet secretaries were responsible to the legislature and not to the President.
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Preamble
“We, the Representatives of the Filipino people, lawfully convened, in order to establish
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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 Preamble provides the “Representatives of the Filipino People” seeks to provide
common defense, promote general welfare and insure the benefits of liberty. It is also asks for the

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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.”

Sovereignty Resides on the People


Although the Preamble provides that the system of the government is representative, the
sovereign power resides on the people.

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 person or cooperation, nor the legislative power vested
in one single individual” provides a safeguard against dictatorship.

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Religious Freedom

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It guarantees freedom of religion and laid down one of the oldest principles embodied in

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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 the

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1899 Constitution.
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Who are Filipinos?
Article 6 of the 1899 Constitution enumerate “who are Filipinos” and the section did not
use the word “citizens of the Philippines.” The Filipinos are; (1) all persons born in the Philippines
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territory; (2) Children of a Filipino father or mother, although born outside of the Philippines; (3)
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foreigners who have obtained certification of naturalization; and (4) those who, without such
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certificate, have acquired a domicile in any town within Philippine territory.


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
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law.
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2: ASSESSMENT
Now, after reading the concept notes, you can answer now your last activity in this module. In
this activity, narrate the history of the enactment of the 1899 Constitution.
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Activity 6 (50pts.)
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Write your answers here:

= After June 12, 1898 which is the declaration of Independence Day Mr President Aguinaldo
builds a revolutionary government and called on foreign governments to recognize the
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independence of the Philippines. Aguinaldo started reorganizing the local government and the
judiciary then upon the advice of Mr Apolinario Mabini. On September 15, 1898, the first assembly
of revolutionary government congress was held in Malolos the location where they elected their
set of officers. After the Malolos Congress was convened on 15 September 1898, a committee
was selected to draft a constitution for the republic. All the committees are wealthy and well
educated. The original was written in Spanish, which became the first official language of the
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Philippines and a number of translations have been published. It established the Republic of the
Philippines with a government that was “popular, representative, and responsible.” It made the
Philippines controversial provision that was included in the constitution is the principle of
separation of church and state.

Congratulations you have successfully completed this session. Have a good day La
Vignians!

References:

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Corpuz, R. & Tabotabo C.V. (2018). Readings in Philippine History. Mindshapers Co., Inc.,

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Manila, Philippines.

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Common questions

Powered by AI

Criticisms of the various Philippine Constitutions have often focused on the balance between individual rights and governmental obligations. For instance, there has been criticism regarding the limitations placed on the executive, which could hinder timely decision-making during emergencies, as observed in the Malolos Constitution. Critiques have also been raised regarding the constitution’s ability to adapt to changing socio-political circumstances while ensuring the protection of civil liberties and fulfillment of government responsibilities to its citizens .

The 1899 Philippine Constitution established a government with a clear separation of powers among three branches: executive, legislative, and judiciary. The executive power was vested in the President, elected by the Assembly of Representatives. Legislative power belonged to the Assembly, also elected by the people, which made it a unicameral legislature. Judicial power was placed in the Supreme Court and other courts as deemed necessary by law. A safeguard was included to prevent dictatorship by stating that any two or more of these powers should not be united in one individual .

The Malolos Constitution placed limitations on unsupervised executive freedom, which could have constrained rapid decision-making by the chief executive. During wartime, however, Article 99 allowed the President unhampered executive power to address the exigencies of conflict. This provision reflects the challenges of balancing executive authority with oversight, especially in wartime, resulting in a tension between efficient governance and democratic checks and balances .

The principle of separation of church and state in the 1899 Constitution was a significant and controversial provision that shaped the governance of the First Philippine Republic. This principle was intended to ensure that religious institutions remained distinct from governmental operations, thereby promoting religious freedom and preventing any religious group from wielding governmental power. This separation was critical in establishing a secular government, influencing the overall governance structure by reinforcing the independence of government from religious influence .

Under the Malolos Constitution, the legislative structure was unicameral, with legislative powers vested in the Assembly of Representatives, who were elected by the people. When the legislature was not in session, a Permanent Commission of assemblymen exercised legislative powers. Notably, the legislature held significant authority, including the election of the President and the Chief Justice of the Supreme Court. This concentration of power in the legislative branch reflects the intent to foster broad democratic participation and a check on executive authority .

The 1899 Treaty of Paris played a critical role in shaping the political landscape of the Philippines by transferring sovereignty from Spain to the United States, thereby making the United States the colonial power over the Philippines. This international agreement greatly impacted the legitimacy and authority of the First Philippine Republic, which was established in opposition to foreign dominion. The shift in colonial governance highlighted the geopolitical significance of the archipelago and complicated efforts to solidify Philippine independence from external control .

The drafting process of the 1899 Philippine Constitution was heavily influenced by the socio-political environment, characterized by a drive for independence and the establishment of a national identity. After the Declaration of Independence in 1898, there was a concerted effort to organize a revolutionary government, as advised by Apolinario Mabini. The drafting involved well-educated, affluent individuals, reflecting both intellectual engagement and the influence of leading societal figures. It was drafted in the midst of conflict against colonial powers, aiming to consolidate national governance reflective of democratic principles and to gain international recognition for this nascent republic .

The preamble of the 1899 Constitution invoked the "Sovereign Legislator of the Universe" in seeking to establish justice and general welfare, a unique phrasing compared to later constitutions which referred to a "Divine Providence" and "Almighty God" in 1973 and 1987, respectively. This language reflects the period’s revolutionary zeal and the republic’s aspirations for divine guidance in governance. Subsequent preambles have expressed similar aspirations but with language more aligned to prevailing national and religious sentiments, indicating an evolution in how divine assistance is perceived in political contexts .

The 1899 Philippine Constitution defined Filipino citizenship with criteria such as being born within Philippine territory; having Filipino parentage even if born outside the territory; obtaining naturalization certification; or acquiring domicile in any town within Philippine territory under certain conditions. The emphasis was on both birthright and legal residency, illustrating an inclusive approach to defining national identity at the time .

The 1899 Constitution explicitly guaranteed religious freedom and instituted the separation of church and state, marking a significant departure from the colonial past where religious institutions wielded considerable influence. This provision was significant as it embodied a commitment to individual liberty, preventing any religious group from gaining governmental control and ensuring that the government maintained a secular stance. The inclusion of this clause in the constitution highlighted the desire to establish a modern, progressive republic .

Evolution of the Philippine Constitution 
Introduction 
The second most important book after the Bible is Constitution. The
Write your answers here:
= The preamble in 1898 Constitution is “We, the sovereign Filipino people, imploring the aid of
Almi
Write your answers here:
=  Filipinos are the people who are native to or citizens of the country of the Philippines. An
espe
aid of “Sovereign Legislator of the Universe” which is unique from the wordings of the Preamble of
the  1973  Constitution  w
Philippines and a number of translations have been published. It established the Republic of the
Philippines with a governmen

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