“Unit Intended Learning Outcomes After having gone through the unit, the students will be able to: evolution of the Philippine Constitution; Compare the pre s of different Philippine constitutions; Discu features of different Philippine constitutions; and and criticisms of different Philippine constitutio Introduction After the declaration of independence on June 12, 1898, President plished a revolutionary government and called on foreign gove e the independence of 898, the first session of revolutionary congress was held in Malolos they elected their set of officers. It was also in the course of the se ecided to draft a constitution. The constitution was eventually appro promulgated on January 21, 1899. The 1899 Constitution or the Malolos Constitution is the first co drafted by Filipino lawmakers. It established the Republic of the Philipp government that was “popular, representative, and responsible”, TU a Philippines the first in Asia to establish a republican system of govern ‘of the most controversial provision that was included in the Constitut principle of separation of church and state. © menses Learning Outcomes After having gone through lesson, the student will be able to: 1. Narrate the history of the enactment of the 1899 Constitution; 2. Discuss the salient features of the 1899 Constitution; and 3. Explain the unique provisions of the 1899 Constitution.|. The government was composed of three branches; executive, legislative, and judiciary. The executive power was vested to the President who was elected by the Assembly of Representatives (Legislature). Legislative power was vested in the Assembly of Representatives who were elected by the people. It was a unicameral legislature. Judicial power was vested to the Supreme Court and such other courts as may be created by law. . The legislature was more powerful than the executive department. It elected the President and the Chief Justice of the Supreme Court. . The Assembly of Representatives, when not in session, legislative power is exercised by a Permanent Commission composed of seven assemblymen, . The cabinet secretaries were responsible to the legislature and not to the President. Preamble “We, the Representatives of the Filipino people, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid ofthe Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following.” ‘The Preamble provides the “Representatives of the Filipino People” seeks to provide common defense, promote general welfare and insure the benefits of liberty. It also asks for the aid of "Sovereign Legislator of the Universe” which is unique from the wordings of the Preamble of the 1973 Constitution which uses “Divine Providence” and the 1987 Constitution which is “Almighty God”. Philippine Republic Section 1 provides that the official name of the country is “Philippine Republic’. Sovereignty Resides on the People Although the Preamble provides that the system of the government is representative the sovereign power resides on the peopleGovernment Section 4 provides that the government is popular, and responsible. It enumerates the three branches of the legislative, executive and judiciary with three distinct powers. The: states “any two or more of these three powers shall never be united i or cooperation, nor the legislative power vested in one single a safeguard against dictatorship, Religious Freedom It guarantees freedom of religion and laid down one of the old embodied in every constitution that is “separation of church provision about separation of church and state and religious freedom controversial and much debated section of the 1899 Constitution. | Who are Filipinos? Article 6 of the 1899 Constitution enumerates “who are Filipino section did not use the word “citizens of the Ph (2) all persons born in the Philippine territory. A vessel of Phili is considered, for this purpose, as part of Philippine territory; (2) chi Filipino father or mother, although born outside of the Philippines; (3) fo1 who have obtained certification of naturalization; and (4) those who, certificate, have acquired a domicile in any town within Philippine ter Itis understood that domicile is acquired by uninterrupted resi years in any locality within Philippine territory, with an open abode an occupation, and contributing to all the taxes imposed by the Nation, The of being a Filipino is lost in accordance with law Rights Guaranteed by the 1899 Constitution No Filipino or foreigner shall be detained nor imprisoned e the commission of a crime (Title IV, Article 7). authority within 24 hours following the act of detention Article 8). . No Filipino shall be imprisoned except by virtue of an ord competent court (Title IV, Article 9), A . No one shall enter the dwelling house of any Filipino or a residing in the Philippines without his consent (Title IV, Ato change his residence or domicile except by virtue of a final judgment (Title [V, Article 11), No cortespondence confided to the post office be detained or opened by government authorities, nor any telegraphic or telephonic messages (Title IV, Article 12). All orders of imprisonment, of search of a dwelling house, or detention of written correspondence, telegraph or telephone, must be justified (Title IV, Article 13). No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction (Title IV, Article 14) All persons detained or imprisoned not in accordance with legal formalities shall be released upon his own petition or upon petition of another person (Title IV, Article 15). No one shall be deprived of his property by expropriation except on grounds of public necessity and benefit (Title IV, Article 17). No one shall be obliged to pay any public tax which had not been approved by the National Assembly orby local popular governments (Title IV, Article 18). No Filipino shall be deprived of his/her right to freely express his/her ideas or opinions, orally or in writing, through the use of the press or other similar means (Title IV, Article 20). No Filipino shall be deprived of his/her right of association’ for purposes of human life and which are not contrary to public morals (Title IV, Article 20). No Filipino shall be deprived of his/her right to send petitions to the authorities, individually or collectively (Title IV, Article 20) Any Filipino may establish and maintain institutions of learning, in accordance with the laws authorizing them, Public education shall be free and obligatory in all schools of the nation (Title IV, Article 23) Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the matter; may engage in any occupation or profession for the exercise of which no special license is required by law to be issued by the national authorities (Title IV, Article 24). No Filipino shall be impeded in his right to travel freely abroad or in his right to transfer his residence or possessions to another country (Title IV, Article 25).Executive power Elect the President of the Republic: Act a Tribunal of Justice to Rear and determine crimes commited audit the security of the State | by the Preston of the Republc and members of the Council of Government, by the Chit Justice af the Supreme Cour, and by the Scltor General of he Nation. Ina the introduction of bis romulgate and execute laws Promulgate ts own Rules Convoke the National Assembly Examine the legality ofthe elections and the legal qualifications of its elected members ‘Veto power (Override the veto of the President Declare war and make and ray treaties with the prior consent of the National Assembly ‘Supervise cil and military employees in accordance withthe laws. ‘Appoint the Secretaries of the Government Direct the diplomatic and commercial felations wth foreign powers Grant Pardon Preside overall rational functions and receive ambassadors and accredited representatives of foreign powers The President may be authored by special tw, (1) to allenate, transfer for exchange any porton of Philippine terntory (2) to incorporate any other tertory to the Philppine teitory; (3) ‘to admit the stationing of foreign toons in Philippine tert: (4) to ratty of alliance, detensive as wel as offensive special teats of commerce, those which stipulate to grant subsidies toa forign ower, and those which may compel Filipinos to render personal sevice; 5) to rat general arnestes and pardons; and (6)to coin money. With he prior approval by majority vote ot its members, the President may dissolve the National Assembly.indicating i the legislature and President to propose amendments tothe constitution. Unique provisions in the 1899 Constitution 1. Offical name of the country is specified. Title I Article | of the Constitution provides that the state shall be known as Philippine Republic. Freedom of religion is guaranteed including separation of church and state. This is the first Philippine Constitution that guaranteed religious freedom. It also prohibits establishment of state religion. Jus soli as the principle used in the acquisition of Philippine citizenship. Title IV Section 6 paragraph 1 provides that “all persons born in the Philippine territory including vessel of Philippine registry" is included. Basic civil and political rights are not arranged according to their value and importance. ‘The enumeration of rights and the provisions on citizenship are merged in one Title, 5. In the absence of the President, his functions shall be exercised by the Chief Justice of the Supreme Court. There is no Vice President of the Republic. 6. Permanent Commission is created during the adjournment of the Assembly. The Commission shall be composed of seven members which is to act upon pending matters which require proper action. Chief Justice of the Supreme Court and the Solictor-General is chosen by the National Assembly with the concurrence ofthe President and the Secretaries of the Government. The constitution provides that the highest official of the Supreme Court including the Solicitor-General is both chosen by the members of the Legislative. |. The President can dissolve the Assembly. With the approval of the majority, the R tives have the power to dissolve the legislative branch call forn was the constitution not only for’ the Philippine mmonwealth but also for the future of the Republic of the Philippines. The visions of the constitution is similar to the constitution of the United States of erica, The constitution was amended twice; first, it was on October 24, 1939, on the Filipino people ratified an amendment to the Ordinance appended to the tion. The amendment was made because of the changes in the economic visions of the Tydings-Meduffie Act made by the Philippine Economic cdjustment Act that was enacted by the United States Congress on August 7, second, it was in 1940 when three amendments were ratified by the people in plebiscite held on June 18, 1940, The amendments are the following: (1) change ne term of office of the President and Vice President, (2) the establishment of neral legislature namely, Senate and House of Representatives, and (3) the tion of Commission on Elections, General Auditing Office, and Civil Service. (“intended Learning Outcomes cr having gone through the lesson, the student will be able to: Narrate the history of the enactment of the 1985 Constitution; 2. Discuss the salient features of the 1935 Constitution; and Cite similarities and differences on the powers of the three branches of the government under the 1935 Constitution with the 1899 Constitution. oe The 1985 Constitution has a Preamble that is almost totally different from the 29 Constitution and contains a new article about national territory. It has more meration of rights in its Bill of Rights. The government was divided into three co-equal branches ~ legislative, cutive, and judiciary, Executive power was vested in the President of the ilippines elected through popular suffrage that will serve for a term of four years. zislative power was vested in a bicameral legislature called Senate and House 1 Representatives who were directly elected by the people while judicial power resides in the Supreme Court and other lower courts. It has a clear enumeration of rights of citizens. On the other hand, suffrage can only be exercised by males, females are not allowe +)“The Philippines comprises all the territory ceded to the United States treaty of Paris concluded between the United States and Spain onthe tenth dl of December, eighteen hundred and ninety-cigh, the limits of which are set for in Article II] of said treaty, together with all the islands embraced in the concluded at Washington, between the United States and Spain on the: day of November, nineteen hundred, and in the treaty concluded. beta the United States and Great Britain on the second day of January, Juradred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.” ‘State Prit S ‘The 1935 Constitution has the following state principles: 1. The Philippines as republican state 2. Defense of the state as prime duty of the government 3, Renounciation of war 4, Natural right and duty of parents in rearing of the youth 5, Promotion of social justice Who me) citizens of the Philippines?‘Rights Guaranteed by the 1935 Constitution Right to life, liberty, and property Right to due process of law Right to equal protection of the laws Right against unreasonable searches and seizures iberty of abode Privacy of communication and correspondence Right to form association or societies Freedom of religion Freedom of speech Freedom of the press Right to assembly and petition Non-impairment of obligation of contracts Non-imprisonment for debt or nonpayment of poll tax Right against involuntary servitude Privilege of the writ of habeas corpus Right to bail Right of a person under criminal prosecution a. Right to presumption of innocence b._ Right to be heard by himself/herself and counsel c. Right to be informed of the nature and cause of accusation against him/her Right to speedy and public trial Right to meet the witnesses face to face Right to have compulsory process to secure the attendance of witnesses in his/her behalf Right against self incrimination Right against excessive fines Right against cruel and unusual punishment Right against double jeopardy Free access to courts Suffrage Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read ‘nd write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in u plebiscite which shall be held for that purpose within two years after the «adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question.”«©. Suspend the privilege ofthe | ‘wl of the habeas corpus 4. Callarmedforces to Drovnt or suppress lawless violence, imasion, insurrection, or ebelion, or imminent danger + and decrees fifi () AL cases in consttutonaty. oF tay, law, ordinance, order equations in (2) All cass ivan the any ax, post, assessment, o any pert imposed inl (9) cases in wih the any tal courts in sue (4) Al riinal cases in enaly imposed Is. death impsonment (6) Al cases in whch an 4veston ofa isi, Confirmation power Power of appointment Power to determin the onstituionalty of treaty or aw ‘Power o override the veto ofthe President ‘Veto power Power to promulgate rules co pleating, practice, and proc ail cours, and the admissi practice of Power to define, prescribe, and apportion the jurisdiction ofthe vatious courts Pardoning power 4 Grant reprieves 2. Grant commutation of sentence ¢ Grant pardon Remit fines and foetures ‘Diplomatic power/Treay-making Powe 1 appoint ude ofashort for a competent President but too long for an incompet 4 6. Nospecified number of days in the declaration of martial lavo. empowered the President to declare martial law for “unlit