B. The Malolos-WPS Office

B.
The Malolos Constitution and the First Philippine Republic
by: Felipe G. Calderon
ABOUT THE AUTHOR
Felipe Gonzales Calderon, known as the 'Father of the Malolos Constitution", was born on April 4,
1868 in Santa Cruz de Malabon now Tanza), Cavite, to a Spanish nobleman, Don Jose Gonzales
Calderon, and Doña Manuela Roca who was of Spanish-Filipino blood. Calderon was the author
of the Malolos Constitution, which was enacted on January 20, 1899 by the Malolos Congress
that established the First Philippine Republic. The original was written in Spanish, which became
the first official language of the Philippines.
Notably, Calderon established two law universities -- Liceo de Manila, the first law college in the
Philippines, and the Escuela de Derecho (School of Duties). He taught in both institutions. In
1904, he was appointed member of a commission to draft a proposed Penal Code. He also
organized the La Proteccion de la Infancia (The Protection of Infants) that established a
humanitarian institution to protect and care for disadvantaged children. His Encyclopedia
Filipinas was published in 1908.
He died on July 6, 1908 at the age of 40.
CONTEXT ANALYSIS
After returning to the islands. Aguinaldo wasted little time in setting up an independent
government. On June 12, 1898, a declaration of independence modeled on the American one,
was proclaimed at his headquarters in Cavite. It was at this time that Apolinario Mabini. a law,
and political thinker, came to prominence as Aguinaldo’s principal adviser. Born into a poor indio
family but educated at the University of Santo Tomas, he advocated "simultaneous external and
internal revolution," a philosophy that unsettled the more conservative landowners and
ilustrados who initially supported Aguinaldo. For Mabini, true independence for the Philippines
would mean not simply liberation from Spain (or from any other colonial power) but also
educating the people for self government and abandoning, the paternalistic, colonial mentality
that the Spanish had cultivated over the centuries. Mabini's The True Decalogue, published in
July 1898 in the form of ten commandments, used this medium, somewhat paradoxically, to
promote critical thinking and a reform of customs and attitudes. His Constitutional Program for
the Philippine Republic, published at the same time, elaborated his ideas on political institutions.
On September 15,1898, a revolutionary congress was convened at Malolos, a market town

located thirty-two kilometer north of Manila, for the purpose of drawing up a constitution for the
new republic. A document was approved by the congress on November 2,1898. Modeled on the
constitution of France, Belgium, and Latin American countries, it was promulgated at Malolos on
January 21, 1899, and two days later Aguinaldo was inaugurated as president.
American observers traveling in Luzon commented that the areas controlled by the republic
seemed peaceful and well governed. The Malolos congress had set up schools, a military
academy, and the Literary University of the Philippines. Government finances were organized,
and new currency was issued. The army and navy were established on a regular basis. having
regional commands. The accomplishments of the Filipino government, however, counted for
little in the eyes of the great powers as the transfer of the islands from Spanish to United States
rule was arranged in the closing months of 1898.
The Treaty of Paris aroused anger among Filipinos. Reacting to the US$20 million sum paid to
Spain, La Independencia (Independence), a newspaper published in Manila by a revolutionary.
General Antonio Luna, stated that "people are not to be bought and sold like horses and houses.
Upon the announcement of the treaty, the radicals, Mabini and Luna, prepared for war, and
provisional articles were added to the constitution giving President Aguinaldo dictatorial powers
in times of emergency. President William McKinley issued a proclamation on December 21,
1898, declaring United States policy to be one of "Benevolent Assimilation" in which "the mild
sway of justice and right" would be substituted for "arbitrary rule." When this was published in
the islands on January 4, 1899, references to "American sovereignty" having been prudently
deleted, Aguinaldo issued his own proclamation that condemned "violent and aggressive
seizure" by the United States and threatened war.
CONTENT ANALYSIS
Excerpts from the Malolos Constitution
Article 3. Sovereignty resides exclusively in the people
Article 5. The State recognizes the freedom and equality of all regions, as well as the separation
of Church and State.
Article 19. No Filipino in the full enjoyment of his civil and political rights shall be hindered in the
free exercise of the same.
Article 20.1. Neither shall any Filipino be deprived of: The right of expressing freely his ideas and
opinions either by word or by writing, availing himself of the press or any other similar means.
Article 20.2. Neither shall any Filipino be deprived of: The right of joining any association for all
the objects of human life which may not be contrary to public morals.
Article 23. Any Filipino can find and maintain establishments of instruction or of education, in
accordance with the regulations that may established. Popular education shall be obligatory and
gratuitous in the schools of the nation.
Table of Tiles
The Republic
The Government
Religion
The Filipinos and Their National and Individual Rights
The Legislative Power
The Permanent Commission
The Executive Power
The President of the Republic
The Secretaries of Government
The Judicial Power
Provincial and Popular Assemblies
Administration of the State
Amendment of the Constitution
Constitutional Observance, Oath, and Language
The Malolos constitution is the first important Filipino document ever produced by the people's
representatives. It is anchored in democratic traditions that ultimately had their roots in
American soil. It created a Filipino state whose government was "popular, representative and
responsible" with three distinct branches -- the executive, the legislative and the judicial. The
constitution specifically provided for safeguards against abuses, and enumerated the national
and individual rights not only of the Filipinos and of the aliens.
The legislative powers were exercised by the Assembly of Representatives composed of

delegates elected according to law. To make the function of Congress continuous, the
document provided for a Permanent Commission which would sit as a law-making body when
Congress was not in session. The assembly elected the President of the Republic. The Cabinet,
composed of the Secretaries of the different Departments of the government, was responsible
not to the President, but to the Assembly. The administration of justice was vested in the
Supreme Court and in inferior courts to be established according to law. The Chief Justice of
the Supreme Court was to be elected by the Assembly with the concurrence of the President
and the Cabinet.
The constitution as a whole is a monument to the capacity of the Filipinos to chart their own
course along democratic lines. In a period of storm and stress, it symbolized the ideals of a
people who had emerged from the Dark Ages into the Light of Reason.
The Malolos Republic
Owing to the objections of Mabini to some provisions in the Constitution, Aguinaldo did not
immediately promulgate it.
The leaders of Congress compromised by inserting some amendments. After promulgating the
Malolos Constitution, the Filipino leaders proceeded to inaugurate the first Filipino Republic on
January 23, 1899.

B. The Malolos-WPS Office

Uploaded by

Copyright:

Available Formats

B. The Malolos-WPS Office

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

B. The Malolos-WPS Office

Uploaded by

Copyright:

Available Formats

B.

The Malolos Constitution and the First Philippine Republic

by: Felipe G. Calderon

ABOUT THE AUTHOR

He died on July 6, 1908 at the age of 40.

On September 15,1898, a revolutionary congress was convened at Malolos, a market town

Excerpts from the Malolos Constitution

Article 3. Sovereignty resides exclusively in the people

The Filipinos and Their National and Individual Rights

The Legislative Power

The Permanent Commission

The Executive Power

The President of the Republic

The Secretaries of Government

The Judicial Power

Provincial and Popular Assemblies

Administration of the State

Amendment of the Constitution

Constitutional Observance, Oath, and Language

The legislative powers were exercised by the Assembly of Representatives composed of

The Malolos Republic

You might also like