MODULE 4

The Philippine Revolution of 1896:

o   The Katipunan was established on July 7, 1892 in Tondo, Manila.
o   The founders of the Katipunan were:
Andres Bonifacio                         Ladislao Diwa
Deodato Arellano                        Valentin Diaz
Teodoro Plata                               Jose Dizon
 
Kataastasang, Kagalang- galangan Katipunan ng mga anak ng Bayan         
Brief History:
July 7, 1892 – Jose Rizal was arrested and exiled to Dapitan
o   Night after the capture, Bonifacio and his comrades gathered in Azcarraga St.,
Manila to discuss the establishment of Katipunan
o   La Liga Filipina was disbanded establishing 2 Civic groups:

 Katipunan (KKK)
 Cuerpo de Compromisario

The Katipunan was considered as 1st secret society established in the Philippines.

Aims of Katipunan:

 United uprising against the Spaniards

 Filipino Solidarity and brotherhood
 The return of Philippine Independence through Revolution
 Establishment of a new Republic
 Socio-economic and civic development of Filipinos

Establishment of Organization:

 Deodato Arrelano – was voted to be the first supremo of the Katipunan (1892)
 Ramon Basa – in his presidency, Woman Auxiliary Corps and Cavite council
was established. (1893)
o Gregoria de Jesus and Mariana Dizon governed the auxiliary corps.
 Andres Bonifacio – became the 3rd supremo of the Katipunan
In his term, common people and professionals were recruited in the
Katipunan (400,000 strong members)

 He was able to establish standard rules and laws followed by the Katipunan
which was formulated by Emilio Jacinto (Kartilla)
 He aimed for the destruction of Intramuros.

Members:

 Majority of the Katipunan hailed from Batangas, Laguna, Cavite, Rizal,

Bulacan, Pampanga, Tarlac and Nueva Ecija.
 Auxiliary members came from Ilocos Sur, Ilocos Norte, Pangasinan and the
Bicol Region.
 As the members multiplied, Bonifacio divided the members into three grades.
The system was adapted from Masonic Rites.
 Katipon – this were the first degree or the lowest ranking members. (Z. LL.B.)
(Anak ng Bayan)
 Kawal – the second degree and the strong soldiers of Katipunan (A. N. B.)
(Gomburza)
 Bayani – The highest ranking official of the Katipunan. (K.K.K. Z. LL. B.) (Rizal)
 Members swore their oath by blood compact. (Sandugo)

Events in the Revolution:

August 19, 1896 – A certain copy of the Kartilla was handed by Teodoro Pateño to
Father Mariano Gil, A Spanish friar.
August 20, 1896 - The Spanish started arresting hundreds of suspected members of
the Katipunan. Many of which were massacred and suffocated to death (Gas
Chamber)
Cry of Balintawak
August 21 -23, 1896 – The Katipuneros gathered in the residence of Melchora
Aquino in Pugadlawin, Balintawak.
August 26, 1896 – Bonifacio angrily stopped the talking and said, enough is enough!
He then tore his Cedulas Personales (residence certificate) signifying the start of
revolution.
Battle of Pinaglabanan
August 30, 1896 – 1000 Katipuneros attacked San Juan del Monte, Bulacan,
attacking Spaniards’ main supply warehouse (EL Polvorin)
The Katipunan’s weapons of choice, bolo, handmade guns, bamboo sticks and
amulets were easily dominated by the Spanish artillery, leaving 153 dead
soldiers behind.
To ease the tension, Governor-general Ramon Blanco offered pardon to the
Katipuneros who will surrender but most Katipuneros still fought.
Conflict in the Katipunan:
Because of the differences in the Katipunan, the group was divided into 2 factions:

 Magdalo – A Katipunan faction led by Baldomero Aguinaldo stationed in Kawit,

Cavite.
o They controlled most of the Tagalog and south Luzon regions.
 Magdiwang – It was a faction of the Katipunan stationed in Manila which was led
by Mariano Alvarez.
o They controlled most of Manila and some parts of central Luzon.

Tejeros Convention

 March 22, 1897 – a meeting was called for the Magdalo and Magdiwang factions
at San Francisco de Malabon, Cavite.
 The aim of the meeting was to plan a strategic attack against the Spanish
infantry, to decide what type of government should be followed and to
pacify the escalating tension between the two factions.
 But it turned out to be the election of the next leader for the Katipunan.
 Among the 256 voters, 146 of them voted for Aguinaldo, 80 for Bonifacio and 30
for Mariano Trias.
 Daniel Tirona – questioned the qualifications of Bonifacio as part of the
Katipunan
 Naic Military Agreement – a convention established by Bonifacio declaring the
Tejeros Convention null and void.

Battle of Limbon

 April 27, 1897 – a skirmish between Bonifacio and troops of Aguinaldo took
place in Limbon, Cavite
 On his way to Montalban, Rizal, Bonifacio’s troop were ambushed by the troops
of Severino de las Alas.
 Andres and his brother Procorpio were wounded when they were arrested and
charged of treason and sedition and were sentenced to death penalty.
 Ciriaco Bonifacio was killed and Gregoria de Jesus was imprisoned.
 May 10, 1897 – Andres and Procorpio were killed near Buntis in Maragondon,
Cavite on their way to trial.

The Aftermath:

 After the death of Bonifacio, disunity among the Katipunan was prevalent.
 Supporters of Bonifacio were massacred or forced to swear an allegiance to the
new president, Emilio Aguinaldo.
 February 15, 1897 – Governor-general Polavieja launched an all-out war in
Cavite. Later they captured the city of Silang, one of the strongholds of Cavite.
 February 25, 1897 – Dasmarinas, Cavite was also pacified by the General
Antonio Zabala.
 The fall of Katipunan was within the reach of the Spaniards.

The Pact of Biak-na-Bato

 The Biak-na-bato Pact was considered as the first establishment of Filipino

government in the Philippines in December 15, 1897, making Emilio Aguinaldo
as the First Filipino president in the Philippines.
 Conditions:
 The Spanish will recognize the newly formed government in 3 years if Aguinaldo
will be exiled to Hongkong and the Katipunan will surrender all their weapons.
 In exchange, the Spanish will pay 800,000 Mexican pesos as war reparations.
 December 27, 1897 – Aguinaldo went to Hongkong after receiving the partial
payment of 400, 000 Mexican pesos.
 Some Filipino generals, however, did not believe in the sincerity of the Spanish,
refusing to surrender their arms.

Things Taught by the Revolution:

 Personal Interest can lead to disunity.

 Social responsiveness and civic responsibility are very important.
 Filipinos fought for their beliefs.
 Values of Patriotism and Valor were prevalent among the Filipinos.
 Love for our country should and always be practiced.
 MODULE 5

Historical Development of the Philippine Constitution:

What is Constitution?

 A system of fundamental principles, maxims, laws, or rules embodied in written

documents or established by prescriptive usage, for the government of a nation,
state, society, institution, corporation, or association.
 Constitution allocates the distribution and limiting the powers to its three
departments to secure its functions and roles to its government.

 Three Branches of the Government

1. Legislative Branch enacts law-making, confirms, or rejects Presidential

appointments, and has the authority to declare war and authorized to make laws,
alter, and repeal them.

 Agencies in the Legislative Branch:

 Senate –composed of 24 Senators who shall be elected at large by the qualified
voters of the Philippines
 House of Representatives – composed of not more than 250 members, elected
from legislative districts apportioned among the provinces
 Party List Representatives - provides opportunity to different sectors except
religious sector.

2. Executive Branch carries out and enforces laws.

 President –He/she is the head of state, leader of the national government, and

Commander in Chief of all armed forces of the Philippines.
 Vice President –reinforces the advocacy of the President.
 Cabinet Members –serve as advisors to the President.
 Department Secretary – represents the President to the different aspect of the
country.                              

3. Judicial Branch interprets the meaning of laws, applies laws to individual cases,

declare a treaty and reviews law, presidential decree, proclamation, order,
instruction, ordinance, or regulation if it is unconstitutional.

Other Responsibilities:

 Settling actual controversies involving rights which are legally demandable and
enforceable.
 Determining if there are any abuses or excessive use of authority to different
branches of the Government.

 
System of Check and Balance

 The Executive Branch is responsible in administering the welfare of its

Constituents.
 The Legislative Branch is in-charge of proposing and making laws.
 The Judiciary Branch oversees the interpretation and implementation of laws.
This branch also oversees the use of excess authority of the branches.

 
Parts of Constitution

 Preamble – is the preliminary statement which explains and introduces the main
subject.
 Articles – is the list of the fundamental laws of the State.
 Amendment – is a formal or official change made to the law, contract,
constitution, or other legal document.

  
Preamble of the1987 Philippine Constitution
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build
a just and humane society and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution.
 
Historical Development of Philippine Constitution

 Constitution lay down the forms and structures of the government, define
parameters and boundaries of governmental powers.
 Constitution proclaims human rights and ethical norms and tranquility during
times of war and turmoil.
 It serves as the bedrock of liberties and freedom (Sarmiento, 2010).

1. Biak-na-Bato Constitution

 Felix Ferrer and Isabelo Artacho – drafted the constitution and was signed in
November 1, 1897.
 It was considered as plagiarized Constitution as it was purely copied from the
Cuban Constitution.
 Supreme Council – the highest governing body of the Biak-na-bato Republic.
 It also outlined certain basic human rights, such as:
freedom of religion
right to education
freedom of the press
Emilio Aguinaldo and Mariano Trias – were elected as supreme president and vice
president consecutively.
 

2. 1899 Malolos Constitution (Jan 21,1899- Mar 23, 1901)

 It was ratified on January 21, 1899.

 It is considered as the first democratic constitution in Asia where Emilio
Aguinaldo became the first official President of the Philippines.
 Felipe Buencamino and Felipe Calderon – drafted and wrote the constitution.
 It was drafted after the return of Aguinaldo from Hongkong and the failure of the
Biak-na-bato Government.
 This was planned after the Declaration of Independence on June 12, 1898 and
after the results of Treaty of Paris on December 10, 1898.
 Malolos, Bulacan – became the seat of newly created government.

3. 1935 Commonwealth Constitution

 It was written in 1934 which was approved and signed by President Franklin
Roosevelt and implemented in 1935.
 The constitution embarked on ambitious nation-building policies in preparation for
economic and political independence.
 The original constitution provides for a unicameral legislature and single six-year
term for the president.
 It was amended in 1940 composing of bicameral congress and a president
having a 4-year term.

4. 1943 Constitution

 It was ratified on September 4, 1943 by the KALIBAPI- a Japanese controlled

National Assembly led by Jose P. Laurel.
 This constitution provides a powerful Executive power and subordinate
Legislative and Judicial authority.
 The laws and regulations established were only applicable to towns and
provinces in the Philippines controlled by the Japanese.
 The constitution was established to appease Japanese invading the Philippines.
(protectorate)

 
5. 1973 Constitution

 The Constitution was ratified on January 17, 1973.

 It provided a shift from a presidential form to a parliamentary system –the
president serving as a national symbol and for ceremonial functions.
 1976- National Assembly was re-drafted by virtue of PD 1033 issued by
President Ferdinand Marcos.
 January 17, 1973- Marcos issued Proclamation No. 1102 certifying and
proclaiming that the 1973 Constitution has been ratified by the Filipino people
and thereby was in effect.
 Prime Minister – exercises executive power assisted by the Cabinet members.

6. 1986 Provisional Constitution

 It was ratified on March 25, 1986, promulgated by Pres. Corazon Aquino.

 It is also known as the Freedom Constitution, being provisional after the success
of the People Power Revolution.
 It declares a National policy that implements reforms mandated by the people,
protecting their basic rights, adopting a provisional constitution, and providing for
an orderly transition to a government under a new constitution.
 The main task of lawmakers was to draft a constitution that would hasten the
return of normal constitutional government.

7. 1987 Philippine Constitution

 It was ratified on February 2, 1987.

 It provides a presidential form of government, a bicameral legislature, a judiciary
with expanded powers, BILL OF RIGHTS with new civil and political rights, an
economic, social, and cultural rights and a new commission called Commission
on Human Rights (CHR)

 
Conclusion:

 The Philippine Constitution is important because it protects our rights.

 It enables us to have justice and live a beautiful life.
 It helps us to know our limitations and the right things we should do to become a
good citizen.
 MODULE 6

Bill of Rights (Article III of the 1987 Philippine Constitution)

 
What is the Bill of Rights?

 A declaration and enumeration of a person’s rights and privileges which the

Constitution is designed to protect against violations by the government, or by an
individual or groups of individuals.
 It establishes the relationship of the individual to the State and defines the rights
of the individual by limiting the lawful powers of the State.
 It is one of the most important political achievements of the Filipinos.

 
Classification of Rights

1. Individuals, Society and State Rights

 Natural right to life and liberty and of equal dignity and respect
 The State should formulate policies, enact laws, and provide mechanisms that
are in conformity with universal human rights standards.
 The State has the obligation to provide the highest standard of living for its
citizens by eradicating social, economic, political, cultural, ethnic and gender
inequalities.
 The diversity and plurality of the Philippines must be safeguarded through
respect and tolerance.

2. Civil Rights

 The right to a transparent, credible, competent, and impartial justice system free
from influence and corruption, where wrongs are redressed, and justice is
dispensed fairly, speedily, and equitably.
 The right to the security and privacy of individual and our homes.
 The requirements of due process of law shall be observed before, during and
after trial.
 Detainees and prisoners have the right to humane conditions of detention with
adequate food, space and ventilation, rest and recreation, sanitary and health
services, and skills training.
 No person shall be subjected to arrests, searches, seizures, and detention
without due process of law.
 We have the right against involuntary disappearances.

 
3. Political Rights

 The right to live in a democracy and entitled to enjoy its benefits.

 Transparency, accountability, integrity, and competence are minimum standards
of good governance.
 The right to determine, participate, intervene, and act in all matters that directly
and indirectly affect our welfare.
 Equal access to opportunities for public service to all competent and qualified
citizens.
 Sovereignty resides in the people

4. Social and Cultural Rights

 The right to a free, accessible, relevant, nationalistic, quality, gender, and

culturally sensitive education and responsive to our need which advances the
culture of human rights.
 A responsive social welfare system that contributes to the continuous
improvement of its people and their lives.
 Rights to special care, education, health, and protection against all forms of
abuse, discrimination, exploitation, corruption, and conditions affecting their
moral development.
 Men and women have reproductive rights and part of nation-building.
 The indigenous and Moro peoples have the right to equality with all other people.
 Special protection to persons with disabilities.
 Older persons shall be given preferential treatment by the State.

5. Economic Rights

 The right to a nationalistic and independent economic policy protected from

foreign domination and intrusion.
 The right to equal access to employment opportunities and professional
advancement.
 Land, as a limited resource, bears a social function for recognized members of
the State.
 Right to access fishing grounds and protection from foreign incursion
 The preferential right to the judicious cultivation, utilization, and preservation of
our natural resources.
 Access to micro-financing, skills, and livelihood.

 
6. Collective Rights

 The right to self-determination.

 The right to a clean, safe, and sustainable environment that supports an
equitable quality of life.
 The right to a social order, which is conducive to peace and development.

 
Constitutional Rights of the Filipino Citizens (Article 3 of the 1987 Philippine
Constitution)
Section 1:

 No person shall be deprived of life, liberty, or property without due process of

law, nor shall any person be denied the equal protection of the laws.
o Due Process -is the legal requirement that the state must respect all legal
rights that are owed to a person.

 
Section 2:

 The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the
persons or things to be seized.

 
Section 3:

 The privacy of communication and correspondence shall be inviolable except

upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.
 Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

 
Section 4:

 No law shall be passed abridging the freedom of speech, of expression, or of the

press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

 
Section 5:

 No law shall be made respecting an establishment of religion or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.

 
Section 6:

 The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.

 
Section 7:

 The right of the people to information on matters of public concern shall be

recognized. Access to official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to government research data
used as basis for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law.

 
Section 8:

 The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to
law shall not be abridged.

 
Section 9:

 Private property shall not be taken for public use without just compensation.
o Just Compensation - refers to the compensation individuals receive when
their property gets seized by the government for public use.

 
Section 10:

 No law impairing the obligation of contracts shall be passed.

o Obligation of Contracts - is the responsibility that parties to contracts are
required to bear upon entering legally binding agreements.
 
Section 11:

 Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
o Quasi - Judicial Bodies - public administrative agencies that are obliged to
investigate or ascertain facts and draw conclusions from them as the
foundation for official actions.

 
Section 12:

 Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
 No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
 Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
 The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.

 
Section 13:

 All persons, except those charged with offenses punishable by Reclusion

Perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
o Reclusion Perpetua – Life/Permanent Imprisonment

 
Section 14:

 No person shall be held to answer for a criminal offense without due process of
law.
 In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
 notwithstanding the absence of the accused if he has been duly notified and his
failure to appear is unjustifiable.

Section 15:

 The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.
o Writ of Habeas Corpus - is a court order demanding that a public official
deliver an imprisoned individual to the court and show a valid reason for that
person's detention.

Section 16:

 All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17:

 No person shall be compelled to be a witness against himself.

Section 18:

 No person shall be detained solely by reason of his political beliefs and

aspirations.
 No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

Section 19:

 Excessive fines shall not be imposed, nor cruel, degrading, or inhuman

punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced to Reclusion
Perpetua.
 The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by law.

 
Section 20:

 No person shall be imprisoned for debt or non-payment of a poll tax.

 
Section 21:

 No person shall be twice put in jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance, conviction, or acquittal under
either shall constitute a bar to another prosecution for the same act.
o Double Jeopardy - the prosecution of a person twice for the same offense.

 
Section 22:

 No ex post facto law or bill of attainder shall be enacted.

o Ex post facto Law - is a law that changes the legal status or consequences
of an action after it has already been done.

Right of the Accused in Criminal Cases

 Right to bail
 Right to due process of law
 Right to presumption of innocence
 Right to be informed of the nature and cause of accusation
 Right to be heard by himself and his counsel
 Right to a speedy trial
 Right to confrontation of witnesses
 Right to compulsory production of witnesses and evidence
 No trial in the absence of the accused
 Right to appeal in criminal case
 Right against cruel and unusual punishment
 Right against self-incrimination
 Right against double jeopardy
 Right against death penalty
 Right against detention due to political beliefs and aspirations

Conclusion:

 The Bill of Rights is important to everyone because these are the rights we live
by every day. No one can take them away. Our rights were made for us to protect
ourselves in situations. The rights express us on who we are as a person and our
mindset. The framers made these amendments for everyone to be equal.