THE GREAT PLEBEIAN

Alaminos city, Pangasinan

Name: Jeffrey C. Catabay

Course: BSBA-1
Subject: Reading in the Philippine History
Instructor: Gerald Pagodpod

1. Evolution of the Philippine Constitution

BIAK 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 Biak-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 1897

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.

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. 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 lots 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 intended 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.

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
SALIGANG BATAS
NG 1935
SALIGANG BATAS NG 1943

Japanese Military Government

January 21, 1943
Hideki Tojo (Premier of Japan) announced the establishment of the
Republic of the Philippines because of the cooperation of Filipinos to the
Japanese Government.

Puppet Government
Central Administrative Organization
The National Government was replaced by the Central Administrative
Organization which was composed of six branches:

The Interior Department: Benigno Aquino Sr.

The Finance Department: Antonio de Las Alas
The Agriculture and Commerce Department: Rafael Alunan
The Educative Department: Claro M. Recto
The Public Welfare and the Public Works and Communication: Quintin
Paredes
The Justice System: Jose P. Laurel
Chairman of the Executive Branch
Jorge B. Vargas
Political Culture
Prime Minister Winston Churchill and President Harry Truman declared the
Potsdam.
Potsdam is a declaration asking for the Japanese Emperor to surrender.
August 6, 1945- Paul Tibbets Jr. bombed Hiroshima with an atomic bomb
named "little boy" carried by the Enola Gay.
August 9, 1945- The Americans bombed Nagasaki. The bomb destroyed the
infrastracture and killed approximately 100,000 lives on the day of the
explotion but incresed after a day.
August 15, 1945- Japanese surrendered
September 2, 1945- Emperor Hirohito signed a peace treaty with the US.

Political Culture
SALIGANG BATAS NG 1973
FREEDOM CONSTITUTION
1987 CONSTITUTION

2. Contribution of the Philippine Constitution to the country

The constitution is defined as a set of fundamental principles or

established precedent according to which a state or other organization is
governed, thus, the word itself means to be a part of a whole, the coming
together of distinct entities into one group, with the same principles and
ideals. These principles define the nature and extent of government.

Its goal is to secure the sovereignty of the State and the integrity of
the national territory. The prime duty of the Government is to serve and
protect the people. First it creates a national government consisting of a
legislative, an executive, and a judicial branch, with a system of checks and
balances among the three branches. Second, it divides power between the
federal government and the states. And third, it protects various individual
liberties of American citizens.
Here are some contributions of constitution in different aspects:

1. Adoption, promulgation and amendments

The Constitution is promulgated by the sovereign Filipino people. Any

amendment to, or revision of, this Constitution may be proposed by the
Congress, upon a vote of three-fourths of all its Members or a constitutional
convention.

2. Structure of the constitution

The Constitution is divided into 18 Articles: National Territory (I);

Declaration of Principles and State Policies Principles (II); Bill of Rights (III);
Citizenship (IV); Suffrage (V); Legislative Department (VI); Executive
Department (VII); Judicial Department (VIII); Constitutional Commissions (IX);
Local Government (X); Accountability Of Public Officers (XI); National
Economy and Patrimony (XII); Social Justice and Human Rights (XIII);
Education, Science and Technology, Arts, Culture, and Sports (XIV); The
Family (XV); General Provisions (XVI); Amendments or Revisions (XVII);
Transitory Provisions (XVIII).

3. Form of government and basic principles of the state

The Philippines is a democratic and republican State (Se. 1) governed

by the rule of law. Sovereignty resides in the people and all government
authority emanates from them (Sec. 1). Civilian authority is, at all times,
supreme over the military (Sec. 3). The separation of Church and State shall
be inviolable (Sec. 6) The State ensures the autonomy of local governments
(Sec.25).
4. Basic institutions of the state and the rule of law

The legislative power shall be vested in the Congress of the Philippines

which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum
(Art.VI, Sec. 1) The executive power shall be vested in the President of the
Philippines (Art. VII, Sec.1). The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government (Art. VIII, Sec.1). Art IX provides for the
establishment of Constitutional Commissions and sets forth that the
Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
The territorial and political subdivisions of the Republic of the Philippines are
the provinces, cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter
provided (Art. X, Sec.1) The territorial and political subdivisions shall enjoy
local autonomy (Art. X, Sec. 2). Further sections 15 and 16 of the same
article set out that there shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities, municipalities,
and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.
The President shall exercise general supervision over autonomous regions to
ensure that laws are faithfully executed.

5. Supremacy of international law

The Philippines renounces was as an instrument of national policy,

adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equally, justice, freedom,
cooperation, and amity with all nations (Art II, Sec.2) No treaty or
international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate (Ar. VII, Sec.21). All cases
involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and
all other cases which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality, application, or operation
of presidential decrees, proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case
and voted thereon (Art. VIII, Sec.4).

6. FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF THE

STATE POLICY
General information

Article III of the constitution is the bill of rights and sets out provisions
regarding the fundamental rights and principles of the state policy
guarantees human rights and freedoms such as the right to life and liberty,
prohibition of unjust arrest and detention, prohibition of forced labour and
slavery, the privacy of home, the freedom of movement, freedom of
assembly, freedom of association, the freedom of speech and religion.

7. Environmental rights and duties

The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature. (Sec.16)

8. Property rights

Private property shall not be taken for public use without just
compensation (Sec. 9).

9. Right to food

Explicit protection of the right to food. Article 15, Section 3 sets forth
that the state shall defend the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial to their
development .

10. Right to water

No provisions regarding right to water.

11. Non discrimination and gender equality

The State recognizes the role of women in nation-building, and shall

ensure the fundamental equality before the law of women and men (Sec.
14).

12. Indigenous rights

The State recognizes and promotes the rights of indigenous cultural

communities within the framework of national unity and development (Sec.
22).

PROVISIONS RELATED TO FAO'S MANDATE

Environment

No provisions regarding this matter.

Land and property

With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State.
The State may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five years,
and under such terms and conditions as may be provided by law. In cases of
water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure
and limit of the grant. The State shall protect the nation's marine wealth in
its archipelagic waters, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino citizens (Art. XII Sec. 2).

Natural resources

All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not
be alienated. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power, beneficial use
may be the measure and limit of the grant (Sec. 2 of Art. XII). Autonomous
regions shall have legislative powers over natural resources (Sec. 20 of Art.
X). The Congress shall provide, for such period as it may determine,
measures to prohibit logging in endangered forests and watershed areas
(Sec. 4 of Art. 12). The Constitution also provides for agrarian and natural
resources reform (Sec. 4 of Art. XIII).
Energy

No provisions regarding this matter.

Agricultural and rural development

The State shall promote industrialization and full employment based on

sound agricultural development and agrarian reform, through industries that
make full and efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets. However, the State shall
protect Filipino enterprises against unfair foreign competition and trade
practices. (Art. XII, Sec 2) The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous
communities to their ancestral lands (Art. XIII,Sec 6). Please also see title 7.2

Livestock

No provisions regarding this matter.

Fisheries

Please see title 7.5

Forestry

The Congress shall, as soon as possible, determine by law the specific

limits of forest lands and national parks, marking clearly their boundaries on
the ground. Thereafter, such forest lands and national parks shall be
conserved and may not be increased nor diminished, except by law. The
Congress shall provide, for such period as it may determine, measures to
prohibit logging in endangered forests and watershed areas (Art. XII,Sec.4).

3. Form of government in the Philippines, how people follow and

accept.

The Philippines is a democratic and republican state. Sovereignty

resides in the people and all government authority emanated from them.
(Article 2 Section 1 of the 1987 Philippine Constitution)

The Philippines is a republic with a presidential form of government

wherein power is equally divided among its three branches: executive,
legislative, and judicial. The government seeks to act in the best interests of
its citizens through this system of check and balance.

One basic corollary in a presidential system of government is the

principle of separation of powers wherein legislation belongs to Congress,
execution to the Executive, and settlement of legal controversies to the
Judiciary.

The Legislative branch is authorized to make laws, alter, and repeal

them through the power vested in the Philippine Congress. This institution is
divided into the Senate and the House of Representatives. It enacts
legislation, confirms or rejects Presidential appointments, and has the
authority to declare war. This branch includes Congress
(the Senate and House of Representatives) and several agencies that
provide support services to Congress.

The Senate is composed of 24 Senators who are elected at large by

the qualified voters of the Philippines.

The House of Representatives is composed of about 250 members

elected from legislative districts in the provinces, cities, and municipalities,
and representatives elected through a party-list system of registered
national, regional, and sectorial parties or organizations.

The party-list representatives shall constitute twenty per cent of the

total number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution, one-half of
the seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

The Executive branch is composed of the President and the Vice

President who is elected by direct popular vote and serve a term of six years.
The Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy. It carries out
and enforces laws. It includes the President, Vice President, the Cabinet,
executive departments, independent agencies, boards, commissions, and
committees.

The President leads the country. He or she is the head of state, leader
of the national government, and Commander-in-Chief of all armed forces of
the Philippines. The President serves a six-year term and cannot be re-
elected.

The Vice President supports the President. If the President is unable

to serve, the Vice President becomes President. He or she also serves a six-
year term.

Cabinet members serve as advisors to the President. They include the

Vice President and the heads of executive departments. Cabinet members
are nominated by the President and must be confirmed by the Commission of
Appointments.
The Judicial branch holds the power to settle controversies involving
rights that are legally demandable and enforceable. This branch determines
whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part and instrumentality of the government. It
is made up of a Supreme Court and lower courts. It interprets the meaning of
laws, applies laws to individual cases, and decides if laws violate the
Constitution. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.

Each branch of government can change acts of the other

branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can
remove the President from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn unconstitutional
laws, are appointed by the President.

The Constitution expressly grants the Supreme Court the power of

Judicial Review as the power to declare a treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance or regulation unconstitutional.

ii. Create a sequence of event of the evolution of the Philippines

Philippines, from a rich culture and tradition began its period of

constitutional evolution when the Spaniards colonizers arrived on Philippines
shores and attempted to homogenize the natives. During the era of Spanish
colonialism in the Philippines ,organizations were formed which pawed the
way to the founding of a new constitution for the Filipinos in the hope of
being able to achieve equal rights among the Spanish . The very first
constitution passed in the Philippines was the 1897 Constitution of Biac-na-
Bato . The passage of this constitution led to the formation of a temporary
government system in which there were specifications of the different tasks
and responsibilities of the legislative , executive , and judiciary. Also,
according to Sison (2014) , the Biac-na- Bato Constitution “ strengthened the
Filipino national identity by providing a concrete representation of the
Filipino state. “ The Biac-na-Bato” Constitutions ,however was only prepared
to last for 2 years as a ceasefire between the Spanish and Filipino leaders.
Revolutionaries would need to come up with a new one soon.
Following this constitution was the 1899 Malolos Constitution. Two of
the most prominent articles in this constitution were the implementation of
the separation of the Church from the State and the general distribution of
rights and state protection for the Filipino people. By the time that this
constitutions was passed, the Filipinos were already on the beginning stage
of accumulating the foundation of a proper state and slightly proliferating
democracy. While the Filipinos were trying to shove away the control of the
Church owned by the Spanish , there were some who had also wished to
separate matters regarding religion towards politics ; there was a hint of
church intolerance yet democratic piety. The Filipino soul, according to
Macapagal (1993) , is preponderantly an alloy of Christianity and
democracy . In other words , democracy is intertwined in the spirit and body
of most Filipino “. Perhaps that is the reason why the Philippines has
remained a religious and democratic country even up to the present
.Focusing on the distribution of rights and protection for the Filipinos, the
constitution offered a relief for the Filipinos who had been intricately
discriminated against by the colonizers and established a basis on which the
Filipinos indeed have rights to property , national and individual aspects .
After this, several other bills and acts were passed such as the Acts of the
United States Congress , Philippine Organic Act of 1902 , Philippine
Autonomy Act of 1916 and finally, the Tydings McDuffie Act of 1934 which
paved the way for the creation of new constitutions. The constitution after
Biac-na-Bato and Malolos was the 1935 Constitution which was the
contitutions passed during the arrival of the Americans in the Philippine
Archipelago . The 1935 Constitutions aimed to protect the right of the
citizens by elaborating civilian rights throught the incorporation of the Bill of
Rights and organization of the system of elections and governance by
amending the previous constitutions articles about the distribution of
responsibilities in the government.

REFERENCES:

1. https://www.jstor.org/stable/25700699?seq=1#metadata_info_tab_contents
2. ://www.officialgazette.gov.ph/constitutions/constitution-
day/#:~:text=Evolution%20of%20the%20Philippine
3. https://constitutionnet.org/country/constitutional-history-philippines
4. https://www.scribd.com/doc/44689484/Evolution-of-Philippine-Constitution