The 1899 "Malolos" Constitution": Research

RESEARCH
 The 1899 “Malolos” Constitution”

 The Philippine Republic (Spanish: República Filipina; Tagalog: Repúblikáng Pilipino), more
commonly known as the First Philippine Republic or the Malolos Republic, was a
nascent revolutionary government in the Philippines. It was formally established with Emilio
Aguinaldo as president by proclamation of the Malolos Constitution on January 21, 1899,
in Malolos, Bulacan,[Note 1] succeeding the Revolutionary Government of the Philippines. It
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 established after the Philippine Revolution against
the Spanish Empire (1896–1897) and the 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 Philippine governments on June 18 and 23
of that year. In December, Sovereignty over the Philippines was transferred from Spain to
the United States in the 1898 Treaty of Paris, making 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.
 The 1902 Cooper Law “Philippine Organic Act”
The Jones Law (39 Stat. 545, . 416, also known as the Jones Act, the Philippine Autonomy Act,
and the Act of Congress of August 29, 1916) was an Organic Act passed by the United States
Congress. The law replaced the Philippine Organic Act of 1902 and acted as a constitution of the
Philippines from its enactment until 1934, when the Tydings–McDuffie Act was passed (which in turn
led eventually to the Commonwealth of the Philippines and to independence from the United States).
The Jones Law created the first fully elected Philippine legislature.
The law was enacted by the 64th United States Congress on August 29, 1916, and contained the
first formal and official declaration of the United States Federal Government's commitment to grant
independence to the Philippines.[1] It was a framework for a "more autonomous government", with
certain privileges reserved to the United States to protect its sovereign rights and interests, in
preparation for the grant of independence by the United States. The law provides that the grant of
independence would come only "as soon as a stable government can be established", which was to
be determined by the United States Government itself.
The law also changed the Philippine Legislature into the Philippines' first fully elected body and
therefore made it more autonomous of the U.S. Government. The 1902 Philippine Organic Act
provided for an elected lower house (the Philippine Assembly), while the upper house (the Philippine
Commission) was appointed.[2] The Jones Law provided for both houses to be elected[2] and changed
the name of the Assembly to the House of Representatives. The executive branch continued to be
headed by an appointed Governor General of the Philippines, always an American.
 The 1935 “Commonwealth” Constitution

The Commonwealth of the Philippines (Spanish: Commonwealth de
Filipinas; Tagalog: Komonwelt ng Pilipinas or Malasariling Pamahalaan ng Pilipinas)[4][5][6] was the
administrative body that governed the Philippines from 1935 to 1946, aside from a period of exile in
the Second World War from 1942 to 1945 when Japan occupied the country. It replaced the Insular
Government, a United States territorial government, and was established by the Tydings–McDuffie
Act.[7][8][9][10] The Commonwealth was designed as a transitional administration in preparation for the
country's full achievement of independence.[11] Its foreign affairs remained managed by the United
States.[12]
During its more than a decade of existence, the Commonwealth had a strong executive and a
Supreme Court. Its legislature, dominated by the Nacionalista Party, was at first unicameral, but later
bicameral. In 1937, the government selected Tagalog – the language of Manila and its surrounding
provinces – as the basis of the national language, although it would be many years before its usage
became general. Women's suffrage was adopted and the economy recovered to its pre-
Depression level before the Japanese occupation in 1942.
 The 1943 Constitution
Ruling by decree during the early months of her tenure as a president installed via
the People Power Revolution, President Corazon Aquino was granted three options:
restore the 1935 Constitution, retain and make reforms to the 1973 Constitution, or pass a
new constitution. She decided to draft a new constitution and issued Proclamation No. 3
on March 25, 1986, abrogating many of the provisions of the 1973 Constitution adopted
during the Marcos regime, including the unicameral legislature (the Batasang Pambansa),
the office of Prime Minister, and provisions which gave the President legislative powers.
Often called the "Freedom Constitution", this constitution was intended as a transitional
[2]
constitution to ensure democracy and the freedom of the people. The Freedom
Constitution provided for an orderly transfer of power while a Constitutional
Commission was drafting a permanent constitution.
The Constitutional Commission was composed of forty-eight members appointed by
Aquino from varied backgrounds, including several former members of the House of
Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and
political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a
former Associate Justice of the Supreme Court, as president of the Commission. Several
issues were of particular contention during the Commission's sessions, including the form
of government to adopt, the abolition of the death penalty, the retention of U.S. bases
in Clark and Subic, and the integration of economic policies into the constitution. Lino
Brocka, a film director and political activist who was a member of the Commission,
walked out before the constitution's completion, and two other delegates dissented from
the final draft. The Commission finished the final draft on October 12, 1986 and
presented it to Aquino on October 15. The constitution was ratified by a nationwide
plebiscite on February 8, 1987.
The constitution provided for three governmental branches, namely
the executive, legislative, and judicial branches. The executive branch is headed by the
president and his appointed cabinet members. The executive, same with the other two co-
equal branches, has limited power. This is to ensure that the country will be
"safeguarded" if martial law is to be declared. The president can still declare martial law,
but it expires within 60 days and Congress can either reject or extend it.
The task of the Supreme Court is to review whether a declaration of martial law is just.
The legislative power consists of the Senate and the House of Representatives. There are
twenty-four senators and the House is composed of district representatives. It also created
opportunities for under-represented sectors of community to select their representative
through party-list system. The judiciary branch comprises the Supreme Court and the
lower courts. The Supreme Court is granted the power to hear any cases that deals with
the constitutionality of law, about a treaty or decree of the government. It is also tasked to
administrate the function of the lower courts.
Through the constitution, three independent Constitutional Commissions, namely the

Civil Service Commission, Commission on Elections, and Commission on Audit, were
created. These Constitutional Commissions have different functions. The constitution
also paved a way for the establishment of the Office of the Ombudsman, which has a
function of promoting and ensuring an ethical and lawful conduct of the government. [3]

 The Philippine constitutional plebiscite of 1973 ratified the 1973 Constitution of the
Philippines.
 In 1970, delegates were elected to a constitutional convention which began to meet in 1971.
In September 1972, President Ferdinand Marcos declared martial law and arrested 11
members of the convention. The convention then re-convened and wrote a constitution in
line with what President Ferdinand Marcos wanted, at least, according to many critics and
victims of martial law.
 Marcos issued Presidential Decree No. 86 calling for the cancellation of the plebiscite and
instituted barangays' citizens' assemblies to ratify the new constitution by a referendum from
10–15 January 1973.
 On 17 January 1973, Marcos issued Proclamation No. 1102 certifying and proclaiming that
the 1973 Constitution had been ratified by the Filipino people and thereby was in effect.
 These results were challenged by the Ratification Cases heard by the Philippine Supreme
Court in 1973. The court upheld the results and the ratification of the 1973 Constitution.
 For this plebiscite to changes to voting requirements were implemented. The voting age was
reduced from 18 to 15 years old and those who were illiterate, as described by the
opposition, were allowed to vote.
 Aquino began her term by repealing many of the Marcos-era regulations that had repressed
the people for so long. In March, she issued a unilateral proclamation establishing a
provisional constitution. This constitution gave the President broad powers and great
authority, but Aquino promised to use them only to restore democracy under a new
constitution. This new constitution was drafted in 133 days by an appointed Constitutional
Commission of 48 members and ratified by the people in a plebiscite held on February 2,
1987. It was largely modelled on the American Constitution which had so greatly influenced
the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.
 The 1987 Constitution established a representative democracy with power divided among
three separate and independent branches of government: the Executive, a bicameral
Legislature, and the Judiciary. There were three independent constitutional commissions as
well: the Commission on Audit, the Civil Service Commission, and the Commission on
Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed
fundamental civil and and political rights, and it provided for free, fair, and periodic elections.
In comparison with the weak document that had given Marcos a legal fiction behind which to
hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political
repression and oppression.

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RESEARCH

 The 1899 “Malolos” Constitution”

 The 1902 Cooper Law “Philippine Organic Act”

 The 1935 “Commonwealth” Constitution

 The 1943 Constitution

Through the constitution, three independent Constitutional Commissions, namely the

 The 1973 Constitution

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