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Evolution of the Philippine Constitution
30
Pequit, Marc Nelson
Sanico, Cycy
Chin, Keyna
EVOLUTION OF THE PHILIPPINE CONSTITUTION
BIAK NA BATO
THE 1987
BIAC-NA-BATO
The First Philippine Constitution.
It outlined the revolutionary objectives of independence from Spain.
BIAK NA BATO
The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and , therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biac-na-bato, November 1, 1897, unanimously adopted the following articles for the constitution of the State.
BIAK NA BATO
1897
Aguinaldo and his men formed a new government as a
replacement to the republic that was created at Tejeros.
Felix Ferrer and Isabelo Artacho drafted the
Biak-na-Bato Constitution similar to the constitution of
Jimaguayu, Cuba. It outlined certain basic human rights.
The form of government is the same as that of the
Katipunan with the council members:
President- Emilio Aguinaldo
Vice President- Mariano Trias
Secretary of Interior- Isabelo Artacho
Secretary of War- Emiliano Riego de Dios
Secretary of the Treasury- Baldomero Aguinaldo
THE PACT OF BIAK NA BATO
PACT OF BIAK NA BATO
- On 1897, Pedro Paterno, a mestizo-Filipino who was one of the activist volunteered to the governor-general, Primo de Rivera as a negotiator between Filipinos and Spaniards.
- The first treaty was signed on November 18, 1897. But Pedro Paterno signed the pact in Manila in behalf of Emilio Aguinaldo.
- The second pact was signed on December 14, 1897.
- The third pact on December 15, 1897.
In exchange, Aguinaldo will receive P800,000 (Mexican Pesos) as remuneration to the revolutionaries and an amnesty. After receiving a partial payment of P400,000, Aguinaldo left for Hongkong on December 27, 1897.
1897
On December 23, 1897, Generals Celestino Tejero and Ricardo Monet of the Spanish army arrived in Biak-na-Bato and became hostages of the rebels. A ceasefire was declared by both camps and an agreement between Aguinaldo and the Spanish forces was made -that the Spanish government will grant self-rule to the Philippines in 3 years if Aguinaldo went to exile and surrender his arms.
1st Provisions:
- The group of Emilio Aguinaldo would leave the Philippines to Hong Kong as voluntary exile.
- The Spanish government would pay P800 000 to the Filipinos in three installments, the first payment was 400 000 upon the departure of the group of Aguinaldo, the second payment was P200 000 when the revolutionist surrendered their arms and the third was P200 000.
- The Spanish government would pay an additional of P900 000 to the families of the Filipinos who were not part of the revolution.
FAILURE OF THE TREATY
The peace and independence the Filipinos longed for weren’t achieved.
Long before Pedro Paterno’s act, some Filipino generals, however, did not believe in the sincerity of the Spaniards. They refused to surrender their arms but their old, rusty guns as they don’t plan to stop the war. Nevertheless, the Te Deum was still sung on January 23, 1898.
Te Deum- early Christian hymn of praise.
On the Spaniards perspective, they as well, did not fulfil their part in the pact. The Filipinos who were against them, were sent to prison.
There came to the point where there were lot of encounters from different places. The revolutionaries destroyed the railroad in Laguna on February 1898.
Emilio Jacinto continued to reign on the Katipunan, spread their objective, and started it. The insurgency continued in Cebu, Ilocos Sur, and Tarlac.
A temporary government was created by General Francisco Makabulos named “Pangkalahatang Lupong Tagapagpaganap ng Kapatagang Luzon” on April 17, 1898 for the purpose of creating a central executive committee until a general government shall be re-established.
Aguinaldo heard the news from Hongkong about the in-coming war between Spaniards and Americans.
Before, there was already a conflict arose between the two countries when the Spaniards did not treat the Americans right who were in Cuba. It happened that the American’s hatred grew after the explosion of Maine, a ship of US in the port of Havana, Cuba on February 15, 1898. The Americans accused the Spaniards of the incident. This was the reason the Spanish-American war was declared on April 25, 1898.
When the Pact of Biak-na-Bato ended, he intented to use the money he received to revolt again, against the Spaniards.
When the Spanish-American war was declared, the American leaders: George Dewey, Oscar Williams, Rounseville Wildman and E. Spencer contacted Emilio Aguinaldo to bring him back to the Philippines and rehappen the insurgence against the Spaniards in exchange for the independence of Filipinos.
On May 1, 1898, the American armed forces led by Almirante Dewey attacked the Spaniards at the Manila harbour (Look ng Maynila) where the Spaniards were defeated.
The Filipino leaders in Hongkong decided to return Aguinaldo for the greater good.
Before Aguinaldo went back, he made an agreement with Wildman, a consul of the Americans in Hongkong to purchase firearms. But, only P50 000 worth of firearms were at the hands of Filipinos. The last P67 000 that was given by Aguinaldo to Wildman wasn’t bought and the money was never returned to Aguinaldo.
THE 1899
MALOLOS CONSTITUTION
FIRST PHILIPPINE REPUBLIC
A revolution was launched against Spain and the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic.
Proclamation of the Constitution
Its main task was the framing of the Malolos Constitution, also known as the first democratic constitution ever promulgated in the whole Asia.
Proclaimed by Emilio Aguinaldo on January 21, 1899.
On January 23, 1899, the First Philippine Republic was inagurated at Barasoain Church, Malolos, Bulacan.
Proclamation of the Constitution
The Malolos Constitution was the First Constitution in Asia and it was based on the proposed framework of Felipe Calderon.
The constitution was ratified on January 21, 1899 and had the following important provisions:
1. The legality of the declaration of independence in Kawit, Cavite.
2. The separation of church and state.
3. The establishment of a Republican Government.
4. The division of the government into three branches, the Executive, Legislative and Judiciary.
5. The Legislative branch is higher than the Executive and Judiciary.
6. The Unicameral Legislature
7. The Bill of Rights of Citizens
8. The Suffrage
Legality to the First Republic
President: Emilio Aguinaldo
Cabinet Members:
President of the Cabinet and the Secretary of Foreign Affairs: Apolinario Mabini
Secretary of Interior: Teodoro Sandico
Secretary of War: Baldomero Aguinaldo
Secretary of Finance: Mariano Trias
Secretary of Welfare: Gracio Gonzaga
Treaty of Paris
August 12, 1898- The Spanish troops headed by Governor General Basilio Agustin surrendered to the American troops headed by Commodore George Dewey.
The American Commissioners: The Spanish Commissioners:
Cushman Davis Eugenio Montero Rios
William P. Frye Buenaventura Abarzuza
Whitelaw Reid Jose de Garnica
George Gray Wenceslao Ramirez de Villa-Urrutia
William R. Day Rafael Cerero
Treaty of Paris
The Treaty of Paris was signed on December 18, 1898.
Philippines, Guam, Puerto Rico, and Cuba were ceded to the US Government.
US Government payed $20,000,000 to Spanish Givernment as payment for the permanent structures that the Spanish built in four countries.
The Spanish will maintain their free trade in the four countries until the tenth (10th) year of the existence of the treaty and the friars and the religious orders will remain in the country and their properties will remain with them.
Treaty of Paris
THE 1935 CONSTITUTION
Feb 8, 1935 - The constitutional convention approved the constitution.
March 23, 1935 - President Franklin Delano Roosevelt approved the constitution.
May 14, 1935 - The Filipinos approved the constitution through plebiscite.
President of the 1935 Constitution
.
The convention immediately began its work and took inspiration in drafting the charter from:
Biac na Bato
Malolos
the Philippine Bill 1902
Jones Law of 1916
Constitution of United States, Mexico, Spain, Italy , Germany, Poland etc.
.
.
It divided the government into 3 co-equal branches:
LEGISLATIVE
EXECUTIVE
& JUDICIAL
THE 1943 CONSTITUTION
General Masaharu Homma
Commander in Chief of the Japanese Imperial Army in the Philippines
.
.
KALIBAPI
The Kapisanan ng Paglilingkod sa Bagong Pilipinas, or KALIBAPI, was a fascist Filipino political party that served as the sole party of state during the Japanese occupation.