Malolos Constitution

Introduction and Background00:00:00

The Political Constitution of 1899, known as the Malolos Constitution, was written by Felipe Calderón y Roca and Felipe Buencamino as an alternative to proposals by Apolinario Mabini and Pedro Paterno, enacted on January 21, 1899. The background covers over 300 years of Spanish rule, the rise of the Spanish-speaking middle class educated in European liberalism, and the formation of the Katipunan led by Andres Bonifacio, which started the Philippine Revolution in 1896.

The Road to the Malolos Congress00:02:09

After Commodore George Dewey defeated the Spanish in the Battle of Manila Bay in 1898, Emilio Aguinaldo returned to the Philippines. Aguinaldo issued the Philippine Declaration of Independence on June 12 and formed the First Philippine Republic. Elections were held for the Malolos Congress, which then selected a commission on September 17, 1898, to draft a constitution.

Structure and Influences of the Document00:03:15

The constitution is written in Spanish and consists of ninety-three articles divided into fourteen titles, plus transitory provisions. Its style was patterned after the Spanish Constitution of 1812 and drew inspiration from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, as well as the French Constitution of 1793.

Key Constitutional Ideas00:04:04

The document emphasizes the retroversion of sovereignty to the people and popular sovereignty. Title IV details extensive civil liberties and protections for the accused. Article 5 recognizes freedom and equality of all beliefs and the separation of Church and State. The government is defined as popular, representative, and responsible, dividing power into legislative, executive, and judicial branches.

Parliamentary Structure and the Permanent Commission00:06:45

The constitution establishes a responsible government where the executive is accountable to the legislative branch, using terms like National Assembly and Council of Government instead of Anglo-Saxon titles. A Permanent Commission of seven members was created to act when the National Assembly was in recess, including the power to declare sufficient cause for legal action against high officials.

Translations and Legacy00:10:03

Although originally written in Spanish, several translations have been published. The First Philippine Republic never gained international recognition, and the constitution was never fully implemented due to the Philippine-American War and subsequent U.S. acquisition of the Philippines via the Treaty of Paris. While later Philippine constitutions were rooted in American tradition, Isagani Giron described the Malolos Constitution as 'the best Constitution the country ever had'.