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Malolos constitution 1899

OBJECTIVES

 Narrate the history of the enactment of 1899 constitution


 Discuss the salient feature of the 1899 Constitution
 Explain the unique provisions of the 1899 Constitution
EVOLUTION OF THE PHILIPPINE CONSTITUTION

The second most important book after the Bible is the


Constitution. The constitution provides the rights of the people,
the structure of government, the principles and policies of the
state, who are citizens and who may exercise suffrage, the
obligation of the government, and many other important
provisions.
WHAT IS CONSTITUTION?

The constitution serves as the protector against any violation of individual rights
committed by the government and other entities and medium to assert faithful
compliance of the government on its obligation to the citizenry. The Philippine
constitution has undergone several revisions and amendments according to the
situation and needs of the people from the 1899 Constitution to the 1987
Constitution.
1898 CONSTITUTION(MALOLOS CONSTITUTION

After the declaration of independence on June 12, 1898, President Aguinaldo


established a revolutionary government and called on foreign governments to
recognize the independence of the Philippines. He also started re-organizing the
local government and the judiciary then upon the advice of Apolinario Mabini
election of delegates to the revolutionary congress shall take place. On September
15, 1898, the first session of the revolutionary congress was held in Malolos
where they elected their set of officers. It was decided to draft a constitution. The
constitution was eventually approved and promulgated on January 21, 1899.
The 1899 Constitution or the Malolos Constitution is the first
constitution drafted by Filipino lawmakers. It established the
Republic of the Philippines with a government that was
“popular, representative, and responsible”. It made the
Philippines the first in Asia to establish a republican system of
government. One of the most controversial provision that was
included in the Constitution is the principle of separation of
church and state.
SALIENT FEATURE OF THE 1899
CONSTITUTION

1. The government was composed of three branches; executive, legislative,


and judiciary. The executive power was vested to the President who was
elected by the assembly of 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 created by law.
2. The legislature was more powerful than the executive department. It
elected the president and the Chief Justice of the Supreme court.
SALIENT FEATURE OF THE 1899
CONSTITUTION

3. In the Assembly of Representatives, when not in session, legislative


power is exercised by a Permanent Commission compared of seven
assemblymen.
4. The cabinet secretaries were responsible to the legislature and not to
the president.
PREAMBLE

We, the Representative of the Filipino people, lawfully


convened, in order to establish justice, provide for the
common defense, promote the general welfare, and secure for
ourselves the blessings of liberty, imploring the aid of the
Supreme Legislator of the Universe to help us attain these
objectives, have voted, decreed, and sanctioned the following.
The Preamble provides the “Representatives of the Filipino People’’
seeks to provide for the common defense, promote the general welfare
and ensure the benefits of liberty. It also asks for the 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 the


‘’Philippine Republic’’.

 Sovereignty Resides on the People


 Although the Preamble provides that the system of the government is
representative, the sovereign power resides with 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.
Religious Freedom

It guarantees freedom of religion and laid down one of the oldest


principles embodied in every constitution which is the ‘’separation of
church and state’’. The provision about the separation of church and
state and religious freedom is the most controversial and much-debated
section of the 1899 constitution.
Who are Filipinos?

Article 6 of the 1899 constitution enumerates ‘’who are Filipinos’’ and the section
did not use the word ‘’citizens of the Philippines’’.
The Filipinos are:
 All persons born in the Philippine territory
 Children of Filipino father or mother, although born un outside of the
Philippines
 Foreigners who have obtained certification of naturalization and
 Those who, without such a certificate, have acquired a domicile in any town
within Philippine territory
Rights Guaranteed by the 1899 Constitution

1. Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the
commission of a crime and in accordance with the law.
2. Article 8. All persons detained shall be discharged or delivered to the judicial
authority within 24 hours following the act of detention.
3. Article 9. No Filipino shall be imprisoned except by virtue of an order by the
competent court.
Rights Guaranteed by the 1899 Constitution

4. Article 10. No one shall enter the dwelling house of any Filipino or foreigner
residing in the Philippines without his consent, except in urgent cases of fire,
inundation, earthquake, or other similar danger, or by reason of unlawful
aggression from within, or in order to assist a person therein who cries for help.
5. Article 11.  Filipino shall be compelled to change his residence or domicile
except by virtue of a final judgment
6. Article 12. No correspondence confined to the post office be detained or
opened by government authorities, nor any telegraphic or telephonic message
detained
Rights Guaranteed by the 1899 Constitution

7. Article 13. All orders of imprisonment, of search of a dwelling house, or


detention of written correspondence, telegraph or telephone, must be justified.
8. Article 14. No Filipino shall be prosecuted or sentenced, expert by a judge or
court of proper jurisdiction and according to the procedure prescribed by law.
9. Article 15. Expert in the cases provided by the Constitution, all persons detained
or imprisoned not in accordance with legal formalities shall be released upon his
own petition or upon petition of another person.
Rights Guaranteed by the 1899 Constitution

10. Article 17. No one shall be deprived of his property by expropriation except on
grounds of public necessity and benefit, previously declared and justified by proper
authority, and indemnifying the owner thereof prior to expropriation.
11. Article 18. No one shall be obligated to pay any public tax which had not been
approved by the National Assembly or by local popular governments legally so
authorized, and which is not in the manner prescribed by the law.
12. Article 20. Neither shall any Filipino be deprived his/her rights to freely express
his\her ideas or opinions, orally or in writing through the use of the press or other
similar means.
Rights Guaranteed by the 1899
Constitution

13. Article 20. No Filipino shall be deprived of his\her right of association for
purposes of human life that are not contrary to public morals.
14. Article 20.  No Filipino shall be deprived of his\her right to send petitions
to the authorities, individually or collectively
15. Article 23. Ant Filipino may establish and maintain institutions of
learning, in accordance with the laws authorizing them.
Rights Guaranteed by the 1899
Constitution

16. Article 24. Foreigners may freely reside in Philippine


territory, subject to legal dispositions regulating the matter;
may engage in any occupation or profession for the exercise
of which no special license is required by law to be issued
by the national authorities.
Rights Guaranteed by the 1899
Constitution

17. Article 25 No Filipino shall be impeded in his right to


travel freely abroad or in his right to transfer his residence
or possession to another country

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