Isabella Carter
The Philippines was under Spanish rule for over three centuries, during which time the indigenous people did not have a written constitution. However, towards the end of this period, nationalist sentiment grew, fuelled by the writings of Jose Rizal and other Filipino intellectuals. This led to a revolution and the convening of the Malolos Congress in 1898, which produced the first Philippine Constitution, known as the Malolos Constitution. This charter of laws and morals, written by Emilio Jacinto, was influenced by the Spanish Constitution of 1812 and other European charters, and it declared sovereignty to reside exclusively in the people, separated church and state, and called for a parliamentary republic.
| Characteristics | Values |
|---|---|
| Period of Spanish rule | 333 years |
| First Spanish foray to the Philippines | 1521 |
| First permanent Spanish settlement | 1565 |
| First Philippine Constitution | 1899 |
| First republican constitution in Asia | The Malolos Constitution |
| Influences on the 1935 Constitution | U.S. constitution, Malolos constitution, German, Spanish, Mexican, South American constitutions, and the unwritten constitution of England |
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What You'll Learn
The Malolos Constitution
The Philippines did have a constitution under Spanish rule. This was the 1899 Malolos Constitution, which was the first Philippine Constitution. It was approved by the Malolos Congress on November 29, 1898, with amendments requested by President Aguinaldo on December 1, 1898. The Malolos Congress refused to make the requested amendments, and it was subsequently approved by President Aguinaldo on December 23, 1898, and formally adopted by the Malolos Congress on January 20, 1899. It was then promulgated by President Emilio Aguinaldo on January 21, 1899. The Malolos Constitution ushered in what is known as the First Philippine Republic.
The 1899 Malolos Constitution was followed by the 1902 Philippine Organic Act, enacted into law by the US Congress on July 1, 1902. The Jones Law of 1916 was then enacted into law by the US Congress on August 29, 1916, followed by the 1935 Constitution, which was approved by the 1934 Constitutional Convention and ratified by plebiscite on May 14, 1935.
The Philippines gained independence from US colonial rule in 1946, and the 1935 Constitution remained in force until 1972, when President Ferdinand Marcos declared martial law, citing a growing communist insurgency as justification. Marcos manipulated the ongoing Constitutional Convention, causing the drafting of a new constitution—the 1973 Constitution—which allowed him to rule by decree.
The 1973 Constitution was replaced by the 1987 Constitution, which was drafted by a Constitutional Commission and ratified by the people in a plebiscite held on February 2, 1987. The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
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The 1935 Constitution
The Philippines did have a constitution under Spanish rule, known as the Malolos Constitution, which was approved by the Malolos Congress on 29 November 1898. However, it was returned by President Aguinaldo for amendments on 1 December 1898. The amendments were refused by the Congress, and it was eventually approved by President Aguinaldo on 23 December 1898, before being formally adopted by the Malolos Congress on 20 January 1899 and promulgated by President Emilio Aguinaldo on 21 January 1899. This constitution ushered in what is known as the First Philippine Republic.
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The 1973 Constitution
The Philippines did have a constitution under Spanish rule. The Malolos Congress was convened on September 15, 1898, and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, marking the beginning of the First Philippine Republic.
Now, for the 1973 Constitution:
One notable aspect of the 1973 Constitution is the powers it grants to the President of the Philippines. The President is given the authority to contract and guarantee foreign and domestic loans on behalf of the Republic, formulate national policy guidelines, and address the Batasang Pambansa, or the national legislature. The President is also granted immunity from legal suits during their tenure, protecting them from prosecution for official acts.
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The 1987 Constitution
The Philippines did have a constitution under Spanish rule. The Malolos Congress was convened on September 15, 1898, and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, marking the beginning of the First Philippine Republic.
Now, here is some detailed information about the 1987 Constitution.
The Constitution sets out the rights and responsibilities of Filipino citizens, including the following:
- No person shall be twice put in jeopardy of punishment for the same offence.
- No ex post facto law or bill of attainder shall be enacted.
- The executive power shall be vested in the President of the Philippines.
- The President, Vice-President, or Acting President must take an oath to abide by the Constitution and faithfully and conscientiously fulfil their duties.
- The Congress shall provide for a system of initiative and referendum, whereby the people can directly propose and enact laws or approve or reject any act or law passed by Congress.
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The Pact of Biak-na-Bato
The Philippines did not have a constitution under Spanish rule. During the later part of more than 300 years of Spanish rule, nationalist sentiment began to grow among Filipinos, fuelled by the writings of national hero Jose Rizal. A revolution was launched against Spain, and the revolutionaries declared Philippine independence in 1898.
Aguinaldo's memoirs, "Memoirs of the Revolution" (1967), translated from the original Tagalog "Mga Gunita ng Himagsikan" (1964), provide valuable insights into the pact. Additionally, Pedro Alejandro Paterno, who represented the Spanish colonial government, wrote "The Pact of Biyak-na-Bato" (1910), translated from the original Spanish "El Pacto de Biyak-na-Bato". These first-hand accounts offer a detailed understanding of the historical event.
On his way to Biak-na-Bato, Paterno met Rizal's brother Paciano, a general in the revolution. Paciano, however, did not support the truce and received Paterno coldly. He questioned Paterno's motives, alluding to the Spanish government's actions against his family, including the shooting of his brother Jose and the banishment of his parents and siblings. Despite their differences, Paciano and Paterno had a connection through Jose Rizal, whom Paterno claimed was respectful and loving towards him.
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Frequently asked questions
Yes, the Philippines had a constitution during Spanish rule. The Malolos Constitution, also known as the Kartilya and the Sanggunian-Hukuman, was the first Philippine Constitution. It was approved by the Malolos Congress on November 29, 1898, and formally adopted on January 20, 1899. It was influenced by the Spanish Constitution of 1812, as well as the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793.
The Malolos Constitution was the first republican constitution in Asia. It declared that sovereignty resided exclusively in the people, stated basic civil rights, separated church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It also called for a parliamentary republic as the form of government, with the president elected for a term of four years by a majority of the Assembly.
The Philippines was under Spanish rule for 333 years, which has had a significant impact on the country's culture and history. During this time, the Spanish established the city of Manila in 1571 and controlled most of the coastal and lowland areas from Luzon to northern Mindanao. They also introduced Roman Catholicism to the local people, although the Muslims of Mindanao and Sulu, known as Moros to the Spanish, were never fully subjugated.
