POLITICAL CONSTITUTION OF THE REPUBLIC constitution, was to sit during the intervals between sessions of

(SUMMARY) the assembly. (Title 5 Article 33 – 53; Title 6 Article 54-55)

The executive power was vested in the president of the

We, the Representatives of the Filipino People, lawfully convened,
Republic. The president was to be elected by a constituent
in order to establish justice, provide for common defense, pro-
assembly, consisting of the members of the assembly of repre-
mote the general welfare and insure the benefits of liberty, im-
sentatives and special representatives (as to who these were to
ploring the aid of the Sovereign Legislator of the Universe
be the constitution is silent), for a term of four years, and was
for the attainment of these ends, have voted, decreed, and
to be eligible for re-election. No vice-president was provided
sanctioned the following political constitution ". The constitu-
for. In case of a vacancy in the office of chief executive, a
tion then organized a Filipino state called the Philippine Re-
president was to be selected by the constituent assembly, the
public, sovereignty residing exclusively in the people. The
prerogatives of the office in the meantime being exercised by
national and individual rights of Filipinos and aliens were next
the chief justice of the supreme court. Among the powers
specified. These provisions are, in the main, literal copies of
granted to the president were : the initiation of laws ; the veto
articles of the Spanish constitution. The bill of rights included
power ; the command of the army and navy ; and the right to
— religious liberty ; freedom from arbitrary arrest and imprison-
dissolve the assembly, to send messages to the legislature, to
ment, a provision like that of Spain; recognition of what
appoint the secretaries of the government, to grant pardons,
amounts to the writ of habeas corpus; sanctity of domicile;
and to have control over diplomatic and commercial relations
prohibition of unreasonable searches and seizures; right to
with other states. The functions of the executive department
choose one's domicile ; inviolability of correspondence ; prohi-
were to be performed by the Council of the Government, com-
bition of criminal prosecutions unless in a competent court and
posed of a president and seven secretaries. The several port-
according to law ; protection of private property, reserving to
folios were: foreign affairs, interior, finance, war and navy,
the government the right of eminent domain ; inhibition against
public instruction, public communications and works, and agri-
the payment of any tax not legally prescribed; freedom of
culture, industry, and commerce. The secretaries were made
speech and press ; right to form associations ; right to petition ;
jointly responsible to the assembly for the general policy of the
permission to establish educational institutions : compulsory and
government and individually responsible for their personal acts.
free popular education; right of expatriation; prohibition of
An important duty of the cabinet was that of annually present-
trial under special laws or by special tribunals; prohibition
ing a budget to the assembly. It is to be presumed that such
against laws of primogeniture and the entailment of property ;
a plan would evolve into responsible government.(Title 7 Article 56-
prohibition of acceptance of titles of honor or nobility from
57; Title 8 Article 58-72; Title 9 Article 73-76)
foreign nations without authorization of the government and of
the granting of such honors by the Republic. The constitution
The judicial power was vested in the supreme court of justice
also provided (article 28) that " the enumeration of the rights
and in other courts to be created by law. The membership
granted in this title does not imply the prohibition of any others
and organization of the courts was to be governed by special
not expressly stated. " On every Filipino there was imposed
laws. The chief justice of the supreme court and the solicitor-
the obligation of defending the country and of contributing to
general were to be chosen by the national assembly, with the
the expenses of the state (Title 1 Article 1,2 3)
concurrence of the president of the Republic and the secretaries
.
of the government. The courts were made " absolutely inde-
3 distinct power of government pendent of the legislative and executive departments ", and
. A government was established which were given the power to apply the laws in civil and criminal
was expected to be popular, representative alternative and cases in the name of the nation. But one system of law was to
responsible,and shall exercise three distinct powers: called the be established throughout the Republic for all citizens.
legislative, the executive and the judicial. Profiting by prior
experience the Church and the State were made separate (Title 3 The organization of the provincial and municipal assemblies
Article 5) was to be governed generally by the following principles: (i)
The government and direction of the interests of the several
The legislative power was vested in a unicameral body called provinces and municipalities by their respective corporations :
the Assembly of Representatives. The members were to be (2) popular and direct elections; (3) intervention by the
elected according to law for terms of four years. They were central government or by the national assembly in case the
expected to represent the entire nation and not exclusively the provinces or municipalities exceeded their powers. Local
voters who chose them. The secretaries of the government were government was to be placed upon " the basis of the most
given seats in the assembly. The assembly was to meet annu- ample decentralization and administrative autonomy." Amend-
ally for a period of at least three months. Bills could be intro- ments to the constitution must originate in the assembly of
duced either by the president or by a member of the assembly. representatives, while power of adoption resided in the con-
No bill could become a law without having been passed by the stituent assembly. Transitory articles to cover the then exist-
assembly, at least a fourth part of the total number of mem- ing extraordinary situation were appended. An " additional
bers being present. As the legislative powers of the assembly article " provided for the " restoration to the Filipino State " —
were not specified, it is logical to presume that it was to have meaning confiscation — of the properties belonging to the reli-
all power not expressly prohibited to it by the constitution. gious corporations in the Philippines. (Title 10 Article 77-81; Title
Among powers not legislative in nature granted to the body 11 Article 82; Title 12 Article83-88;Title13 Article 89-90;Title 14
were the right to select its own officers, the right of censure and Article91-93; Additional and transitory provisions)
interpellation, and the right of impeaching the president, the
cabinet members, the chief justice of the supreme court, and the
solicitor-general. A permanent commission of seven, elected
by the assembly, and granted certain specific powers by the