1899 Malolos Constitution

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1899: Malolos Constitution

 The Political Constitution of 1899, informally known as the Malolos


Constitution, was the basic law of the First Philippine Republic.

 It was written mainly by Felipe Calderón

 It was promulgated on 21 January 1899.

 It was patterned after the Spanish


Constitution of 1812, with infuences from the charters of Belgium,
Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and French
Constitution of 1793.

 Also partly influenced by Jacinto’s Kartilya and Biak na Bato


Constitution
History
After signing the Biak-na- Bato Pact, the revolutionary leaders accepted
the agreed payment from Spain (PH800,000) and exile of Aguinaldo to
Hong Kong.

After the defeat of Spain to America in the Battle of Manila Bay on


May 1, 1898, the US Navy brought Aguinaldo back to the Philippines.

Upon Aguinaldo’s return, he established the Revolutionaly Government


and declared the Philippine Independence on June 12, 1898.

The Malolos Congress was elected which selected a commission to


draft the Malolos Constitution, which was composed of wealthy and
educated men.
Features of the Malolos Consitution

 It has 39 articles divided into 14 titles, with 8 articles on


transitory provisions, and a final additional article.

 The twenty-seven articles of Title IV detail the natural rights


and popular sovereignty of Filipinos. (in this article stipulates
the retrovertion of sovereignty to the Filipinos)

 Declaration of the State to recognize the freedom and equality


of all beliefs.

 Separation of Church and the State


Features of the Malolos Consitution
 Government of the Republic is to be popular, (election by the people)

 representative, alternative and responsible, and shall exercise three


distinct powers:

1. Legislative
unicameral and to be called Assembly of Representatives
Elected members to serve for 4 years

2. Executive
President to serve for 4 years withour re-election
 no Vice –president elected. In case of vacancy, President was to be
selected by the constituent assembly

3. Judicial- Chief Justice as head of the Supreme Court


Features of the Malolos Consitution
 Secretaries of the government were given seat in the
assembly, to meet annually for at least 3 months

 Bills could be introduced by the President or members


of the Assembly

 The Assembly may impeach the President, cabinet


members, Chief Justice, and solicit-general
However, the Malolos Constitution never gained international
recognition and was never fully implemented across the
Philippines.

This is due to the on going war between Philippines and the


Americans. Because after the Spain’s defeat, it sold its colonial
influence to American via Treaty of Paris on December 10,
1898. So technically, the Philippines is under American territory
On March 23, 1901 Aguinaldo was
captured. On April 19, he issued a
Proclamation of Formal Surrender to
the United States, telling his followers
to lay down their weapons and give up
the fight.

General Miguel Malvar took over the


leadership of the Filipino government,
or what remained of it.

Malvar surrendered, along with his sick


wife and children and some of his
officers, on April 13, 1902.

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