Summary
Highlights
The Malolos Constitution was patterned after the Spanish Constitution of 1812, the first codified constitution in world history. It also drew influence from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793. Previous Philippine constitutional projects like Emilio Jacinto's 'Kartilya' and Isabelo Artacho's 'Constitución' also contributed to its development.
The constitution established three distinct powers: legislative, executive, and judicial. The legislative power was vested in a unicameral Assembly of Representatives. Executive power resided with the President, elected by the constituent assembly for a four-year term without re-election. Judicial power was vested in the Supreme Court and its justices, responsible for applying the laws.
Despite its formal adoption, the 1899 Malolos Constitution was never fully enforced. This was due to the ongoing Philippine-American War and the fact that the Philippines became a territory of the United States after the Treaty of Paris on December 10, 1898, transferring Philippine sovereignty to the U.S. for $20 million.
The political constitution of 1899, also known as the Malolos Constitution, was the constitution of the first Philippine Republic. It was primarily written by Felipe Calderon y Roca and Felipe Buen Camino as an alternative to proposals by Apolinario Mabini and Pedro Paterno. This section introduces the document and its primary authors.
The formation of the Malolos Constitution is rooted in the aftermath of the Katipunan revolt against Spain. Filipino revolutionary leaders, including Aguinaldo, agreed to the Truce of Biak-na-Bato, accepting payment from Spain and going into exile in Hong Kong. This truce temporarily ended the Philippine Revolution against Spain.
With assistance from the United States Navy, Aguinaldo returned to the Philippines on May 19, 1898, hoping he would aid the U.S. against Spain. He took control of the newly formed Philippine revolutionary forces and subsequently declared Philippine Independence on June 12, 1898.
Following the declaration of independence, elections were held, leading to the formation of the Malolos Congress. This body, composed of wealthy and educated men, selected a commission to draft a constitution on September 17, 1898. Key drafters included Felipe Calderon y Roca and Felipe Buen Camino.
The drafted constitution was approved by the Congress on November 29, 1898, and after minor amendments, President Aguinaldo finally approved it on December 23, 1898. It was adopted by the Malolos Congress on January 20, 1899, and promulgated by Aguinaldo on January 21, 1899. Titled the Political Constitution of 1899, it was written in Spanish.
The Malolos Constitution consists of 92 articles divided into 14 titles, with eight transitory provisions and one unnumbered article. Apolinario Mabini was the president of the council. The preamble outlines its goals of establishing justice and promoting welfare. Key titles cover the Republic (Articles 1-3), the government's form (Article 4, popular, representative, alternative, and responsible with three distinct powers), religion (Article 5, equality of religions and separation of church and state), and the rights of Filipinos (Articles 6-32).