1899

Republic of the Philippines
CAPIZ STATE UNIVERSITY

Main Campus, Roxas City
College of Education
Julie Ann A. Bialen Prof. Jenylyn Faelangco

BPED IA Course Facilitator
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 the
Spanish to the Americans in the battle of Manila Bay on 1 May 1898, the United
States Navy transported Aguinaldo back to the Philippines. The newly reformed
Philippine revolutionary forces reverted to the control of Aguinaldo, and the
Philippine Declaration of Independence was issued on 12 June 1898, together with
several decrees that formed the First Philippine Republic. The Malolos Congres
was elected, which selected a commission to draw up a draft constitution on 17
September 1898, which was composed of wealthy and educated men.
The document they came up with, approved by the Congress on 29 January

1899, was titled “The Political Constitution of 1899” and written in Spanish. The
constitution has 39 articles divided into 14 titles, with eight articles of transitory
provisions, and a final additional article. The document was patterned after the
Spanish Constitution of 1812, within 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 the constitution, these
countries were studied because they shared similar social, political, technological,
and governments conditions with the Philippines. Prior Constitutional project in
the Philippines also influenced the Malolos Constitution, namely, the Kartilya and
the Sangguniang-Hukuman, the Charter of laws and the 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 Contitution of Mariano Ponce in 1898 the followed the
Spanish Constitution; and the autonomy project of Paterno of 1898.
Primary Source: Preamble of the Political Constitution of 1899
We, the Representatives of Filipino people, lawfully convened, in order to

established 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 this ends, have voted, decreed, and sanctioned the
following political constitution.
As a direct challenge to colonial authorities of the Spanish Empire, the

sovereignty was retroverted to the people, a legal principle underlying the
Philippine Revolution. The people delegated governmental functions to civil
servants while they retained actual sovereignty. The 27 article of title IV detail the
natural rights and popular sovereignty of Filipinos, the enumeration of which does
not imply the prohibition of any other right not expressly stated. Title III, Article V
also declares that the states recognizes the freedom and equality of all beliefs, as
well as the separations 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 4 is to be popular,

representative, alternative, and responsible, and shall exercise three distinct power-
legislative, executive, and judicial. The legislative power was vested in a
unicameral body called the Assembly of Representatives, members of which are
elected for terms of four years. Secretaries of the government were given seats in
the assembly, which meet annually for a period of atleast three months. Bills could
be introduced either by the president or by a 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, the chief justice of the supreme court,
and the solicitor-general. A permanent commission of seven, 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, and elected by a constituent
assembly of the assembly of the representatives and special representatives. The
president will serve a term of four years without re-election. There was no vice-
president, and in case of a 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 the United States upon the signing of
the Treaty of Paris between Spain and the United States, transferring sovereignty
of the Philippines on 10 December 1898.

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Republic of the Philippines

CAPIZ STATE UNIVERSITY

Julie Ann A. Bialen Prof. Jenylyn Faelangco

1899: Malolos Constitution

The document they came up with, approved by the Congress on 29 January

Primary Source: Preamble of the Political Constitution of 1899

We, the Representatives of Filipino people, lawfully convened, in order to

As a direct challenge to colonial authorities of the Spanish Empire, the

The form of government, according to title II, Article 4 is to be popular,

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