Readings in Philippine History between the Aguinaldo-led Filipino revolutionary forces and the Spanish

Reviewer for the Final Exam colonial government. His return in the country on May 19, 1898 meant a
renewed enthusiasm to the cause of the Philippine Revolution. Soon, many
Topics: provinces in Luzon fell one-by-one on the hands of the Filipino
revolutionaries. By June, the Filipinos successfully laid siege around Manila
1899 Malolos Constitution (Intramuros or Walled City), with its fall becoming more imminent as the
1. Historical Background days marched on. However, the amicable relationship between the Filipinos
a. Aguinaldo’s Return and Renewed Revolution and the Americans would later be strained because of the Mock Battle of
b. The Malolos Congress and the Malolos Constitution Manila on August 13, 1898, where the Filipinos were not allowed by the
2. Important Details Regarding the Malolos Constitution Americans to enter Manila after the defeat of the Spaniards. The details of
a. Legislative Branch this deceitful staged battle were actually kept among the high-ranking
b. Executive Branch officials of the Spanish colonial government and the American forces. But
c. Judicial Branch ultimately, the Filipinos felt disheartened by this unfavorable act by the
Americans.
1899 Malolos Constitution
The Malolos Congress and the Malolos Constitution
Historical Background
Upon Aguinaldo’s arrival, he immediately established a dictatorial
government, with him as the dictator. This dictatorship (with a strong
Aguinaldo’s Return and the Renewed Revolution
executive) was seen as critical for the immediate and effective
implementation of policies responsive of the needs of the Filipinos yet again
Before the outbreak of the Spanish-American War an American
fighting for their independence. This government was established formally
squadron was ordered by the then Assistant Secretary of the Navy Theodore
through a decree on May 24, 1898. However, this dictatorship would not last
Roosevelt, Sr., to base their operations in Hong Kong, so that in the event
long. A month after its establishment, this government would be transformed
that a war between Spain and the United States ensues they could readily
into a revolutionary government, with Aguinaldo as its President. On June
attack Manila. By May 01, 1898 this squadron headed by Commodore
18, 1898, Aguinaldo signed a decree prepared by Apolinario Mabini. This
George Dewey was able to easily defeat the Spanish Armada stationed in the
decree essentially reorganized the local government, including the
Philippines at that time when the Spanish-American War ultimately broke
establishment of a Revolutionary Congress (which later became the Malolos
out. Without the needed manpower to execute a land invasion, the Americans
Congress). On June 23, 1898, barely a month after the establishment of the
thought it would be wise to wait for reinforcements. And while these
dictatorial government, Aguinaldo issued a decree that transformed the
reinforcements were yet to come, they sought the assistance of Emilio
government into a revolutionary government. This same decree also
Aguinaldo who was then in a voluntary exile in Hong Kong. This voluntary
contained a provision regarding the creation of a revolutionary congress,
exile was one of the provisions of the Pact of Biak-na-Bato, a peace treaty
essentially augmenting the provision on this matter (about the establishment
of a congress) provided in the May 19 decree. In accordance to these decrees,
a revolutionary congress was indeed convened at Barasoain Church, Malolos, Legislative Branch
Bulacan on September 15, 1898, with Pedro Paterno as President.
Mabini, the author of the two decrees which served as the basis of the The Malolos Constitution granted the legislative power to a
creation of the Malolos Congress, envisioned the Congress to become a mere unicameral legislative body called Assembly of Representatives who were
advisory body. However, it was opposed by the members of this very expected to be elected for terms of four years. Aside from those who would
Congress who insisted on drafting a constitution. On September 17, along be elected to have a seat in this body, the cabinet secretaries were given seats.
with seven other committees, a committee for drafting a constitution was This assembly was planned to meet annually for a period of three months. A
assembled, with Felipe Calderon as its most prominent member. By October permanent commission composed of seven members which was supposed to
08, 1898, Calderon presented his draft constitution, setting aside Mabini’s be elected by the assembly would be sitting during intervals between
Constitutional Program and Paterno’s constitutional plan. Discussions on the sessions. This commission was intended to ensure that the legislative function
said draft began on October 25 and ended on November 29, 1898. Lengthy would not be hampered (and to prevent the other branches of the government
debates on a particular provision related to the separation of the Church and from encroaching the legislative functions) during times when the assembly
the State became the most difficult matter to resolve. However, this matter was not in session. Bills could be introduced either by the president or by a
was later settled in favor of the separation of the Church and the State, member of the assembly. No bill could become a law without being passed
winning only by one vote. That is, under this Constitution, there was no by the assembly, with a quorum of at least a quarter of the total members of
official religion. Ultimately, after several other amendments, the Malolos the assembly. The assembly was also granted with powers not legislative in
Constitution was promulgated by Aguinaldo on January 21, 1899. nature: (1) right to select its own officers, (2) the right of censure and
interpellation, (3) and the right of impeaching the president, the cabinet
Important Details Regarding the Malolos Constitution members, the chief justice of the supreme court, and the solicitor-general.

Government Executive Branch

The Malolos Constitution envisioned to establish a Filipino state The executive power was granted to the President of the Republic
called Philippine Republic where sovereignty exclusively resides in the who was supposed to be elected by a Constituent Assembly composed of the
people. It established a government that was expected to be “popular, members of the Assembly of Representatives and special representatives
representative, and responsible.” Under this constitution, the government was (who were not specified in the constitution). The president would be sitting
divided into three branches: legislative, executive, and judicial. This for a term of four years without re-election. The position of vice-president
constitution contained interesting and worth-noting characteristics, such as was not provided. In case of a vacancy in the executive office (president), the
the following: (1) unicameral system, (2) the permanent commission, (3) chief justice of the supreme court would be assuming the responsibilities of
ministerial responsibility, (4) central intervention in local administration, the president until the constituent assembly has chosen a new president. The
(5) taking of the properties of the religious order, (6) and the dominance of powers of the president were the following: (1) initiation of law, (2) veto
the legislative power. power, (3) command of the army and navy, (4) right to dissolve the
assembly, (5) to send messages to the legislature, (6) to appoint the 5. Official Gazette. 1899 Malolos Constitution. Official Gazette.
secretaries of the government, (7) to grant pardons, and (8) to have control Accessed December 02, 2023.
over diplomatic and commercial relations with other state. In his/her duties, https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-
the president was to be assisted by the Council of the Government (cabinet) constitution/
consisted of a president (akin to an executive secretary today) and seven 6. The National Historical Institute. The Malolos Congress. Manila,
secretaries. Another important function of the cabinet was the annual Philippines: The National Historical Institute, 1999, 13-21.
presentation of the budget to the assembly.

Judicial Branch

The judicial power was granted to the supreme court of justice and
in the other courts to be created by laws. The chief justice and the solicitor-
general was to be selected by the national assembly (referring to the assembly
of representatives), with the concurrence of the president and the secretaries.

Prepared by:
Julius E. Aquino, LPT
Part-time Faculty, CNU-CCAS

References (Chicago Manual of Style)

1. Agoncillo, Teodoro. History of the Filipino People. 8th ed. Quezon
City, Philippines: R. P. Garcia Publishing Co., 1990, 187-212.
2. Constitution Day. Official Gazette. Accessed December 02, 2023.
https://www.officialgazette.gov.ph/constitutions/constitution-day/
3. Malcolm, George. “The Malolos Constitution”. Political Science
Quarterly 36, 1 (1921): 91-103.
https://www.jstor.org/stable/2142663. Accessed December 02, 2023
4. Malolos Constitution. Wikipedia. Wikimedia Foundation, Inc.,
September 04, 2023.
https://en.wikipedia.org/wiki/Malolos_Constitution#CITEREFNHI2
010. December 02, 2023.