1897 Biak-na-Bato Constitution

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1897 Biak-na-

Bato Constitution
Our intended learning outcomes for this lesson are the
following:
Discuss the circumstances that led the Filipinos to
draft a constitution.
Analyze the salient features of the 1897
Constitution of Biak-na-Bato
The Katipunan's revolution led to the
Tejeros Convention where, at San
Francisco de Malabón, Cavite, on
March 22, 1897, the first presidential
and vice presidential elections in
Philippine history were held although
only Katipuneros (members of the
Katipunan) were able to take part, and
not the general populace.
November 1, 1897 at Biak-na-
Bato in the town of San Miguel
de Mayumo in Bulacán,
established the Republic of Biak-
na-Bato.
The republic had a constitution
drafted by Isabelo Artacho and Félix
Ferrer and based on the first Cuban
Constitution. It is known as the
"Constitución Provisional de la
República de Filipinas", and was
originally written in and promulgated
in the Spanish and Tagalog
languages.
The Constitution of Biak-na-
Bato was the provisionary
Constitution of the Philippine
Republic during the Philippine
Revolution and was
promulgated by the Philippine
Revolutionary Government.
Organs of the
Government
Supreme Council
- vested with the power of
Republic, headed by the
president and four department
secretaries: the interior, foreign
affairs, treasury and war
Consejo Supremo de Gracia Y
Justicia (Supreme Council of
Grace and Justice)
- given the authority to make decisions
and affirm or disprove the sentences
rendered by other courts and to dictate
rules for the administration of justice
Assemblea de
Representates (Assembly
of Representatives)
-convened after the revolution to
create a new constitution and to
elect a new Council of Government
and Representatives of the people.
The Constitution of Biak-na-Bato
was never fully implemented since a
truce, the Pact of Biak-na-Bato, was
signed between the Spanish and the
Philippine Revolutionary Army.
Preamble
In Biac-na-Bató on the first day of the month of November of
the year one thousand eight hundred and ninety-seven, the
Representatives of the people of the Philippine Islands,
assembled for the purpose of modifying the Constitution of this
Republic of the Philippines, drawn up and proclaimed in the
town of Naic, province of Cavite, on the twenty-second of
March of this year, in accordance with the provisions of Decree
No. 29 of current year after a long discussion, [the
Representatives] have unanimously agreed upon the following:
Constitution or the Fundamental Law of the
Republic of the Philippines
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 Biac-na-Bató,
November 1st, 1897, unanimously adopt the following articles for the
Constitution of the State:
Article I: The Supreme Government
The supreme government of the Republic shall be
vested in a Supreme Council, composed of a President,
a Vice-President and four Secretaries, for the conduct
of our Foreign Relations, of War, of the Interior, and of
the Treasury.
Article II: Powers of Supreme Council
The powers of the Supreme Council of the government
shall be:
Section 1. Policies
To adopt measures for maintaining and developing its
existence, issuing such orders as it believes adequate for
the preservation and security of the civil and political life
of the nation.
Section 2. Budget
To impose and collect taxes, to issue foreign and
domestic loans, when necessary, and to issue paper
money, to coin money and to appropriate the funds
collected to the purposes required by the several
branches of the State.
Section 3. Treaties
To authorize privateering and issue letters of marque and
reprisal, to raise and organize troops and to maintain
them, to ratify treaties, and to make a treaty of peace with
Spain, with the ratification of the Assembly of
Representatives.
Section 4. Judicial Powers
To try as a judicial body, should they think necessary, the
President or any of the members of the Council, who
should be accused of crimes, cognizance of which
appertains to the Judicial Power.
Section 5. Military Authority
To have the right of supervision and supreme direction of
military operations, when they believe it to be necessary for
the consummation of high political ends. To approve, reform
or modify the Regulations and orders for the Army, prepared
by the Captain-General of the Army; to confer grades and
promotions, from that of first lieuten[a]nt and to confer
honors and rewards granted for services in war, at the
recommendation of the said Captain-General of the Army.
Section 6. Selection of Military Leaders
To select and nominate a Captain-General and
a Lieutenant General.
Section 7. Congregation of the Assembly of
Representaatives
To convene the Assembly of Representatives
when necessary, in accordance with the
provisions of the Constitution.
Article III: Successorship of Vice
President to the Presidency
The Vice-President shall fill ad interim the
office of President in case of vacancy.
Article IV: Secretaries of the Government
For each Secretary there shall be a Sub-
Secretary, who shall aid in the dispatch of
business and shall in case a vacancy-occurs fill
ad interim the place of such Secretary. He shall
have while so acting a vote in the Council of
Government.
Article V: Government Office Restrictions
The President. Vice-President, Secretary, and Sub-
Secretary can hold no other office in the Republic.
Article VI: Age Requirement of Government Offices
The President, Vice-President, Secretary and Sub-
Secretary shall be more than twenty-three years of
age.
Article VII: Elections
The basis of every election and appointment
to any office in the Republic shall be aptitude
for the discharge of the office conferred.
Article VIII: Official Language
Tagalog shall be the official language of the
Republic.
Article IX: Majority Vote
The decisions of the Council of Government
shall be determined by a majority vote, and
all the members of the same shall take part
in its deliberations.
Article X: Executive Power
The executive power shall be vested in the President,
or in his absence in the Vice-President, and shall have
these powers: To approve and promulgate the acts of
the Supreme Council of the Government; To provide for
their execution within the period of nine days: To issue
decrees, rules or instructions for their execution: To
receive ambassadors and to execute treaties.
Article XI: Vacancies of Office
In case of definite vacancies, in the office of President,
Vice-President, and Secretaries, by death, resignation or
other legal causes, the Assembly of Representatives shall
meet for the election of others to fill the vacant offices.
Article XII: Role of Secretaries
Each Secretary shall have a vote in the passage of all
resolutions and measures of whatever kind, and shall be
able to take part in the deliberations thereon.
Article XIII: Power of Secretaries
The Secretaries shall have the right to
choose and nominate their own assistants
and other officials of their respective
departments.
Article XIV: Department of Foreign Affairs
The Secretary of Foreign Affairs shall have charge of:
All correspondence with foreign nations regarding
treaties and agreements of all kinds; appointment of
Representatives to said nations, issuing instructions for
and authorizing the expenses of such officials, as by
act of the Council of Government reside in foreign
parts, and preparation of passports for foreign lands.
Article XV: Department of Interior
The Secretary of the Interior shall be charged with:
Collection of all statistics concerning the Republic;
opening of roads and bridges; the advancement of
agriculture, industry, commerce, art, professions and
manufactures, public instruction and posts, depots of
cattle and horses for the use of the Revolution:
establishment of police for the protection or security of
public order, and for the preservation of the liberties and
individual rights established by this Constitution, and the
custody of the property of the State.
Article XVI: Department of War
The Secretary of War is in charge of all military
correspondence; of the increase and decrease, of
the organization and instruction of the army; is
head of the staff, is in charge of enlistment and of
providing clothing, hospitals, rations and
ordnance.
Article XVII: Department of Treasury
The Secretary of the Treasury shall have under his
charge all receipts and payments of the Treasury,
making collections and payments in accordance with
the regulations and decrees issued by the Council of
Government; coining of money and issuance of paper
money; the public debt; administration of the property
of the State, and the further duties pertaining to the
Treasury Department.
Article XVIII: Drafting of Laws
The Secretaries shall have charge of the drafting of all laws,
correspondence, regulations and decrees appertaining to
their respective offices.
Article XIX: Captain-General of the Army
The Captain-General of the Army shall have command of all
the armed troops in the towns, forts or detachments; the
direction of the operations of war, except in the case reserved
for the Council of Government, as set forth in Article 2, No. 5,
and shall give such orders as he deems necessary for the
discipline and safety of the troops.
Article XX: Lieutenant-General of the Army
The Lieutenant-General shall serve as Captain-
General of the Army, ad interim, in case of
vacancy.
Article XXI: Provincial Representative
Each province of the Philippines may have a
representative delegate elected by universal
suffrage , who shall represent it in the Assembly.
Article XXII: Religious Liberty
Religious liberty, the right of association, the
freedom of education , the freedom of the
press , as well as freedom in the exercise of
all classes of professions, arts, trades and
industries are established.
Article XXIII: Petitions and Remonstrance
Every Filipino shall have the right to direct
petitions or present remonstrances of any
import whatsoever, in person or through his
representative, to the Council of Government
of the Republic.
Article XXIV: Freedom from Imprisonment
No person, whatever may be his nationality, shall be
imprisoned or held except by virtue of an order issued by a
competent court, provided that this shall not apply to
crimes which concern the Revolution, the government or
the Army.
Article XXV: Private Property
Neither can any individual be deprived of his property or his
domicile, except by virtue of judgment passed by a court of
competent authority.
Article XXVI: Service to the Revolution
Every Filipino is obliged to serve the
Revolution with his services, and property to
the extent of his capacity.
Article XXVII: Debts
The debts and other obligations contracted prior to
the promulgation of this Constitution by the
Generals and other Chiefs of the Revolutionary
Army, as well as their notes and orders, are hereby
recognized and ratified to-day, also all subsequent
debts, certified to by the government.
Article XXVIII: Respect of rank
The officials of the Council of Government are entitled to
the consideration and respect due to their rank, and if
they be constant in them they shall be entitled to pensions
according to regulations to be published on the subject.
Article XXIX: Impeachment
The Council of Government has the power to remove
any official from office if there be sufficient reason for
it. Formal charges will be laid for the action of a court
to be called the "Sworn Tribunal. "
Article XXX: Establishment of the Supreme Council
of Grace and Justice
The Supreme Council of Grace and Justice to be
established by the Supreme Council of Government,
shall have authority to make decisions and affirm or
disprove the sentences rendered by other courts,
and to dictate rules for the administration of justice.
Article XXXI: Independence of the Supreme
Council
The Supreme Council of Grace and Justice shall be
independent in its functions and shall not be
interfered with by any power or authority.
Article XXXII: Discharge of Duties
Every official of the Republic shall render
assistance to the others in the discharge of his
duties.
Article XXXIII: Navy
When the necessary Army is organized, a navy
shall be created for the protection of the coasts of
the Philippine Archipelago and its seas; then a
Secretary of the Navy shall be appointed and the
duties of his office shall be added to this
Constitution.
Article XXXIV: Expiration of this Constitution
This Constitution shall be in force here in the Philippines
for the period of two years from the date of its
promulgation, in case that the Revolution shall not have
terminated within that time. Upon the expiration of said
period, a session of the Assembly of Representatives
shall be called for a new Constitution and the election of
a new Council of Government and Representatives of
the people.

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