Showing posts with label Malolos Constitution and the Treaty of Paris. Show all posts
Showing posts with label Malolos Constitution and the Treaty of Paris. Show all posts

Feb 9, 2011

1899 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The President of the Council,
Apolinario Mabini.
 
Preamble
 
    We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid
of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following:
 
POLITICAL CONSTITUTION
 
Title I
THE REPUBLIC
 
    Article 1. The political association of all Filipinos constitutes a nation, whose state shall be known as the Philippine Republic.
 
    Article 2. The Philippine Republic is free and independent.
 
    Article 3. Sovereignty resides exclusively in the people.
 
Title II
THE GOVERNMENT
 
    Article 4. The Government of the Republic is popular, representative, alternative, and responsible, and shall exercise three distinct powers: namely, the legislative, the executive, and the judicial. Any two or
more of these three powers shall never be united in one person or cooperation, nor the legislative power vested in one single individual.
 
Title III
RELIGION
 
Article 5. The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the State.
 
Title IV
THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS
 
Article 6. The following are Filipinos:
 
   1.  All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this purpose, as part of Philippine territory.
 
   2.  Children of a Filipino father or mother, although born outside of the Philippines.
 
   3.  Foreigners who have obtained certification of naturalization.
 
   4.  Those who, without such certificate, have acquired a domicile in any town within Philippine territory.
 
    It is understood that domicile is acquired by uninterrupted residence for two years in any locality within Philippine territory, with an open abode and known occupation, and contributing to all the taxes imposed by the Nation.
 
    The condition of being a Filipino is lost in accordance with law.
 
    Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a crime and in accordance with law.
 
    Article 8. All persons detained shall be discharged or delivered to the judicial authority within 24 hours following the act of detention.  All detentions shall be without legal effect, unless the arrested person is duly prosecuted within 72 hours after delivery to a competent court.  The accused shall be duly notified of such proceeding within the same period.
 
    Article 9. No Filipino shall be imprisoned except by virtue of an order by a competent court.  The order of imprisonment shall be ratified or confirmed within 72 hours following the said order, after the accused has been heard.
 
    Article 10. No one shall enter the dwelling house of any Filipino or a foreigner residing in the Philippines without his consent except in urgent cases of fire, inundation, earthquake or similar dangers, or by reason of unlawful aggression from within, or in order to assist a person therein who cries for help.  Outside of these cases, the entry into the dwelling house of any Filipino or foreign resident in the Philippines or the search of his papers and effects can only be decreed by a competent court and
executed only in the daytime.  The search of papers and effects shall be made always in the presence of the person searched or of a member of his family and, in their absence, of two witnesses resident of the same place.  However, when a criminal caught in fraganti should take refuge in his dwelling house, the authorities in pursuit may enter into it, only for the purpose of making an arrest.  If a criminal should take refuge in the dwelling house of a foreigner, the consent of a latter must first be obtained.
 
     Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of a final judgment.
 
    Article 12. In no case may correspondence confided to the post office be detained or opened by government authorities, nor any telegraphic or telephonic message detained. However, by virtue of a competent court, correspondence may be detained and opened in the presence of the sender.
 
    Article 13. All orders of imprisonment, of search of a dwelling house, or detention of written correspondence, telegraph or telephone, must be justified.  When an order lacks this requisite, or when the grounds on which the act was founded is proven in court to be unlawful or manifestly insufficient, the person to be detained or whose imprisonment has
not been ratified within the period prescribed in Art. 9, or whose correspondence has been detained, shall have the right to recover damages.
 
    Article 14. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper jurisdiction and according to the procedure prescribed by law.
 
    Article 15. Exept in the cases provided by the Constitution, all persons detained or imprisoned not in accordance with legal formalities shall be released upon his own petition or upon petition of another
person.  The law shall determine the manner of proceeding summarily in this instance, as well as the personal and pecuniary penalties which shall be imposed upon the person who ordered, executed or to be
executed the illegal detention or imprisonment.
 
    Article 16. No one shall be temporarily or permanently deprived of rights or dstured in his enjoyment thereof, except by virtue of judicial sentence.  The officials who, under any pretext whatsoever, should violate this provision, shall be personally liable for the damages caused.
 
    Article 17. No one shall be deprived of his property by expropriation except on grounds of public necessity and benefit, previously declared and justified by proper authorities, and indemnifying the owner thereof prior to expropriation.
 
    Article 18. No one shall be obliged to pay any public tax which had not been approved by the National Assembly or by local popular governments legally so authorized, and which is not in the manner
prescribed by the law.
 
    Article 19. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the free exercise of said rights.
 
    Article 20. Neither shall any Filipino be deprived:
       1.  Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.      2.  Of the right of association for purposes of human life and which are not contrary to public morals; and lastly      3.  Of the right to send petitions to the authorities, individually or collectively.        The right of petition shall not be exercised through any kind of armed force.       Article 21. The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same.       Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shall be punished by the courts in accordance with the laws.       Article 23. 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.       Article 24. 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.       Article 25. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his right to travel freely abroad or in his right to transfer his residence or possessions to another country, except as to his obligations to contribute to military service or the maintenance of public taxes.       Article 26. No foreigner who has not been naturalized may exercise in the Philippines any office which carries with it any authority or jurisdictional powers.       Article 27. All Filipinos are obliged to defend his country with arms when called upon by law, and to contribute to the expenses of the State in proportion to his means.       Article 28. The enumeration of the rights provided for in this title does not imply the denial of other rights not mentioned.       Article 29. The prior authorization to prosecute a public official in the ordinary courts is not necessary, whatever may be the crime committed. A superior order shall not exempt a public official from liability in the cases which constitute apparent and clear violations of constitutional precepts. In others, the agents of the law shall only be exempted if they did not exercise the authority.       Article 30. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of Article 20 shall not be suspended, partially or wholly, in any part of the Republic, except temporarily and by authority of law, when the security of the State in extraordinary circumstances so demands.       When promulgated in any territory where the suspension applies, there shall be a special law which shall govern during the period of the suspension, according to the circumstances prevailing.       The law of suspension as well as the special law to govern shall be approved by the National Assembly, and in case the latter is in recess, the Government shall have the power to decree the same jointly with the Permanent Commission, without prejudice to convoking the Assembly without the least delay and report to it what had been done. However, any suspension made shall not affect more rights than those mentioned in the first paragraph of this article nor authorize the Government to banish or deport from the Philippines any Filipino.       Article 31. In the Republic of the Philippines, no one shall be judged by a special law nor by special tribunals. No person or corporation may enjoy privileges or emoluments which are not in compensation for public service rendered and authorized by law. War and marine laws shall apply only for crimes and delicts which have intimate relation to military or naval discipline.       Article 32. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property rights, nor accept honors, decorations, or honorific titles or nobility from foreign nations without the consent of the Government.       Neither shall the Government establish in the Republic institutions mentioned in the preceding paragraph, nor confer honors, decorations, or honorific titles of nobility to any Filipino.       The Nation, however, may reward by special law approved by the Assembly, conspicuous services rendered by citizens of the country.  
Title V
THE LEGISLATIVE POWER
 
    Article 33. Legislative power shall be exercised by an Assembly of Representatives of the Nation.
 
    This Assembly shall be organized in the form and manner determined by law.
 
    Article 34. The Members of the Assembly shall represent the who nation and not exclusively the electors who elected them.
 
    Article 35. No representative shall receive from his electors any imperative mandate whatsoever.
 
    Article 36. The Assembly shall meet every year. The President of the Republic has the right to convoke it, suspend and close its sessions, and dissolve the same, within the periods prescribed by law enacted by the Assembly or by the Permanent Commission.
 
    Article 37. The Assembly shall be open at least three months each year, without including in this period the time spent in its organization.
 
    The President of the Republic shall convoke the Assembly, not later than the 15th day of April.
 
    Article 38. In extraordinary cases, he may convoke the Assembly outside of the period fixed by law, as determined by the Permanent Commission, and prolong its law-making, provided the extended
period does not exceed one month and provided further that such extensions do not take place more than twice during the same legislative term.
 
    Article 39. The National Assembly, jointly with the special Representatives, shall organize committees for the organization of the Assembly and for the election of the new President of the Republic, which shall be formed at least one month before the expiration of the term of office of the Representatives.
 
    In case of death or resignation of the President of the Republic, the Assembly shall meet in session by its own right or by initiative of the President or of the Permanent Commission.
 
    Article 40. In the meantime that the new President has not been chosen, his functions shall be exercised by the Chief Justice of the Supreme Court whose office shall be taken over by one of the
Justices of the Court, in accordance with law.
 
    Article 41. Any session of the Assembly held outside the period of ordinary legislature shall be unlawful and void. The case provided in Article 30 and in which the Assembly has constituted itself into
a Tribunal of Justice shall be excepted, but in the latter case no other functions shall be exercised except that pertaining to judicial functions.
 
    Article 42. The sessions of the Assembly shall be public. However, sessions may be held in secret upon petition of a certain number of its members fixed by the Rules, deciding afterwards by an absolute majority of votes of the members present if the discussion on the same subject has to continue in public.
 
    Article 43. The President of the Republic shall communicate with the Assembly by means of messages, which shall be read by a Department Secretary.
 
    The Department Secretaries shall have the right to be heard in the Assembly, upon their request, and they may be represented in the discussion of certain bills by Commissioners appointed by decrees of
the President of the Republic.
 
    Article 44. The Assembly may constitute itself into a Tribunal of Justice to hear and determine crimes committed against the security of the State by the President of the Republic and members of the
Council of Government, by the Chief Justice of the Supreme Court, and by the Solicitor General of the Nation, by means of a decree promulgating it, or by the Permanent Commission, or by the President
of the Republic upon petition of the Solicitor General or Council of Government.
 
    The law shall determine the mode and manner of the accusation, instruction, and disposition of the proceedings.
 
    Article 45. No member of the Assembly shall be prosecuted nor held accountable for the opinions expressed by him, nor by the vote taken by him in the discharge of his office.
 
    Article 46. No member of the Assembly shall be prosecuted criminally without authority of the Assembly or of the Permanent Commission to which an immediate report of the facts shall be made, for its proper action.
 
    The imprisonment, detention, or apprehension of a member of the Assembly shall not be carried out without the prior authority of the same or by the Permanent Commission. The moment the Assembly is
notified of the order of imprisonment, it shall incur liability if, within two days following the notification, it does not authorize the imprisonment or give sufficient reason upon which the refusal is based.
 
    Article 47. The National Assembly shall have the following additional powers:
       1.  To approve Rules for its internal government.      2.  To examine the legality of the elections and the legal qualifications of the elected members.      3.  To elect its President, Vice-Presidents, and Secretaries.        Until the Assembly has been dissolved, the President, Vice-Presidents, and Secretaries shall continue to exercise their office for the period of four legislative terms; and      4.  To accept the resignations of its members and grant privileges in accordance with the Rules.       Article 48. No bill shall become law without having been voted on by the Assembly.  To approve a bill, the presence in the Assembly of at least one-fourth of the total number of the members whose elections have been duly approved and taken the oath of office shall be necessary.       Article 49. No bill shall be approved by the Assembly until after it has been voted upon as a whole and subsequently article by article.       Article 50. The Assembly shall have the right of censure, and each of the members the right of interpellation.       Article 51. The initiative in the presentation of bills belongs to the President of the Republic and to the Assembly.       Article 52. Any member of the Assembly who accepts from the Government any pension, employment, or office with salary, is understood to have renounced his membership.  From this shall be excepted the employment as Secretary of the Government of the Republic and other offices provided for by special laws.       Article 53. The office of Representatives shall be for a term of four years, and shall be compensated by a sum fixed by law, according to the circumstances.       Those who absent themselves during the entire period of the legislative sessions shall not be entitled to any compensation; but they may be allowed to recover the right to compensation should they attend subsequently.  
Title VI
THE PERMANENT COMMISSION
 
    Article 54. The Assembly, before adjournment, shall elect seven of its members to form the Permanent Commission during the period of adjournment, which shall designate at its first session, the President
and the Secretary.
 
    Article 55. The Permanent Commission, during the adjournment of the Assembly, shall have the following attributes:
 
   1.  Declare if there is sufficient cause to proceed against the President of the Republic, the Representatives, Department secretaries, the Chief Justice of the Supreme Court, and the Solicitor-General in the cases provided by this Constitution.
 
   2.  Convoke the Assembly to a special session in the cases where the latter should constitute itself into a Tribunal of Justice.
 
   3.  To act upon pending matters which require proper action.
 
   4.  Convoke the Assembly in special sessions when the exigencies of the situation so demand.
 
   5.  Supplement the powers of the Assembly in accordance with the Constitution, excepting the act of voting and approving laws.
 
The Permanent Commission shall meet in session whenever convoked by the presiding officer, in accordance with this Constitution.
 
Title VII
THE EXECUTIVE POWER
 
    Article 56. The Executive Power shall be vested in the President of the Republic, who shall exercise it through his Department Secretaries.
 
    Article 57. The administration of the particular interests of towns, provinces, and of the State shall correspond, respectively, to the Popular Assembles, the Provincial Assemblies, and to the Administration in power, in accordance with the laws, and observing the most liberal policy of decentralization and administrative autonomy.
 
Title VIII
THE PRESIDENT OF THE REPUBLIC
 
    Article 58. The President of the Republic shall be elected by absolute majority of votes by the Assembly and by the special Representatives, convened in chamber assembles.  His term of office shall be four years, and may be reelected.
 
    Article 59. The President of the Republic shall have the right to initiate the introduction of bills equally with the members of the Assembly, and promulgate the laws when duly voted and approved by the latter, and shall see to it that the same are duly executed.
 
    Article 60. The power to execute the laws shall extend to all cases conducive to the preservation of internal public order and to the external security of the State.
 
    Article 61. The President shall promulgate the laws duly approved by him within 20 days following their transmittal to him by the Assembly.
 
    Article 62. If within this period, the President should fail to promulgate them, he shall return them to the Assembly with his reasons for the return, in which case the Assembly may reconsider same, and it
shall be presumed by a vote of at least two-thirds of the members of the Assembly present in a quorum. If repassed in the manner indicated, the Government shall promulgate same within ten days, with a manifestation of its non-conformity.  The obligation is imposed upon the Government if it allows twenty days to elapse without returning the bill to the Assembly.
 
    Article 63. When the promulgation of a law has been declared urgent by express will of an absolute majority of votes of the Assembly, the President of the Republic may require the Assembly to re-approve same which cannot be refused, and if the same bill is repassed, the President shall promulgate it within the legal period, without prejudice to his making of record his non-conformity with the bill.
 
    Article 64. The promulgation of laws shall be made by publishing them in the official gazette of the Republic, and shall have the force of law thirty days following such publication.
 
    Article 65. The President of the Republic shall have at his disposal the army and the navy, and may declare war and make and ratify treaties with the prior consent of the Assembly.
 
    Article 66. Treaties of peace shall not take effect until voted upon by the Assembly.
 
    Article 67. The President of the Republic, in addition to his duty to execute the laws, shall:
 
   1.  Supervise civil and military employees in accordance with the laws.
 
   2.  Appoint the Secretaries of the Government.
 
   3.  Direct the diplomatic and commercial relations with foreign powers.
 
   4.  See to it that justice is duly and promptly administered throughout the Philippines.
 
   5.  Grant pardon to convicted criminals in accordance with the laws, except any special provision relating to the Secretaries of the Government.
 
   6.  Preside over all national functions and receive ambassadors and accredited representatives of foreign powers.
 
    Article 68. The President of the Republic may be authorized by special law:
 
   1.  To alienate, transfer or exchange any portion of Philippine territory.
 
   2.  To incorporate any other territory to the Philippine territory.
 
   3.  To admit the stationing of foreign troops in Philippine territory.
 
   4.  To ratify of alliance, defensive as well as offensive, special treaties of commerce, those which stipulate to grant subsidies to a foreign power, and those which may compel Filipinos to render personal service.
 
     Secret treaties in no case may prevail over the provisions of open treaties or treaties made publicly.
 
   5.  To grant general amnesties and pardons.
 
   6.  To coin money.
 
    Article 69. To the President belongs the power to issue regulations for the compliance and application of the laws in accordance with the requisites prescribed in said laws.
 
    Article 70. The President of the Philippines, with the prior approval by majority vote of the Representatives, may dissolve the Assembly before the expiration of its legislation term.  In this case, new elections shall be called within three months.
 
    Article 71. The President of the Republic may be held liable only for cases of high treason.
 
    Article 72. The salary of the President of the Republic shall be fixed by special law which may not be changed except after the presidential term has expired.
 
Title IX
THE SECRETARIES OF GOVERNMENT
 
    Article 73. The Council of Government is composed of one President and seven secretaries, each of whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War and
Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and Commerce.
 
    Article 74. All the acts done by the President of the Republic in the discharge of his duties shall be signed by the corresponding Secretary. No public official shall give official recognition to any act unless this requisite is complied with.
 
    Article 75. The Secretaries of Government are jointly responsible to the Assembly for the general administration of the Government, and individually for their respective personal acts.
 
    Article 76. In order to exempt them from responsibility, when held guilty by the Assembly, a petition to this effect approved by absolute majority of the Representatives is necessary.
 
Title X
THE JUDICIAL POWER
 
    Article 77.  To the Court corresponds exclusively the power to apply the laws, in the name of the Nation, in all civil and criminal trials.
The same codes of laws shall be applied throughout the Republic, without prejudice to certain variations according to circumstances as determined by law.  In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and procedure.
 
    Article 78. The courts of justice shall not apply general local regulations, except when they conform to the laws.
 
    Article 79. The exercise of judicial power shall be vested in one Supreme Court and in other courts established by law.  Their composition, organization, and other attributes shall be determined by the laws creating them.
 
    Article 80. The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National Assembly in concurrence with the President of the Republic and the Secretaries of the
Government, and shall be absolutely independent of the Legislative and Executive Powers.
 
    Article 81. Any citizen may file suit against any member exercising the Judicial Power for any crime committed by them in the discharge of their office.
 
Title XI
PROVINCIAL AND POPULAR ASSEMBLIES
 
    Article 82. The organization and attributes of provincial and popular assemblies shall be governed by their respective laws.  These laws shall conform to the following principles:
 
   1.  The government and management of the particular interests of the province or town shall be discharged by their respective corporations, the principle of direct and popular elections being the basis underlying each of them.
 
   2.  Publicity of their sessions, within the limits provided by law.
 
   3.  Publication of all appropriations, accounts, and agreements affecting same.
 
   4.  Government interference and, in the absence thereof, by the National Assembly, to prevent provinces and municipalities exceeding their powers and attributes to the prejudice of the interest of individuals and of the Nation at large.
 
   5.  Power of taxation shall be exercised to the end that provincial and municipal taxation do not come into conflict with the power of taxation of the State.
 
Title XII
ADMINISTRATION OF THE STATE
 
    Article 83. The Government shall submit every year to the Assembly a budget of expenditures and income, indicating the changes made from those of the preceding year, accompanying the same with a balance sheet as of the end of the year, in accordance with law.  This budget shall be submitted to the Assembly within ten days following the commencement of its session.
 
    Article 85. The Government, in order to dispose of the property and effects of the State, and to borrow money secured by mortgage or credit of the Nation, must be authorized by special law.
 
    Article 86. Public debts contracted by the Government of the Republic, in accordance with the provisions of this Constitution, shall be under the special guarantee of the Nation.
 
    No debt shall be contracted unless the means of paying the same are voted upon.
 
    Article 87. All laws relating to income, public expenses, or public credits shall be considered as part of the appropriation and shall be published as such.
 
    Article 88. The Assembly shall determine every year, upon the recommendation of the President of the Republic, the military forces by land and sea.
 
Title XIII
AMENDMENT OF THE CONSTITUTION
 
    Article 89. The Assembly, on its own initiative or that of the President of the Republic, may propose amendments to the Constitution, indicating what article or articles are to be amended.
 
    Article 90. This proposal having been made, the President of the Republic shall dissolve the Assembly, and shall convoke a Constituent Assembly which shall meet within three months. In the decree convoking the Constituent Assembly, the resolution mentioned in the preceding article shall be inserted.
 
Title XIV
CONSTITUTIONAL OBSERVANCE,
OATH, AND LANGUAGE
 
    Article 91. The President of the Republic, the Government, the Assembly, and all Filipino citizens shall faithfully observe the provisions of the Constitution; and the Legislative Power, upon approval of the
Appropriations Act, shall examine if the Constitution has been strictly complied with and whether violations, if any, have been duly corrected and those responsible for the violations held liable.
 
    Article 92. The President of the Republic and all other officials of the Nation shall not enter into the discharge of their office without having taken the prescribed oath. The oath of the President of the Republic shall be taken before the National Assembly.
 
    The other officials of the Nation shall take their oath before the authorities determined by law.
 
    Article 93. The use of languages spoken in the Philippines shall be optional. Their use cannot be regulated except by virtue of law, and solely for acts of public authority and in the courts. For these
acts the Spanish language may be used in the meantime.
 
TRANSITORY PROVISIONS
 
    Article 94. Meanwhile and without prejudice to the provisions of Article 48 and to the acts of the commissions designated by the Assembly to translate and submit to the same the organic laws in the development and application of the rights granted to Filipino citizens and for the government of public powers therein mentioned, the laws of the Republic shall be considered those found existing in these islands before the emancipation of the same.
 
    The provisions of the Civil Code relating to marriage and civil registry, suspended by the Governor General of these islands; the Instructions of April 26, 1888 to carry into effect Articles 77, 78, 79, and 82 of said Code; the law on civil registry of June 17, 1870 which refers to Article 332 of the same, and the Regulation of December 13 following for the enforcement of this law, without prejudice to the Chiefs of towns continuing to be in charge of inscriptions in the civil registry and intervening in the celebration of marriage between Catholics, shall also be deemed in force and effect.
 
    Article 95. In the meantime that the laws referred to in the preceding article have not been approved or enforced, the Spanish laws which said article allows to be enforced provisionally may be amended by
special law.
 
    Article 96. Once the laws approved by the Assembly have been promulgated in accordance with Article 94, the Government of the Republic shall have the power to issue decrees and regulations
necessary for the immediate organization of the various organs of the State.
 
    Article 97. The present President of the Revolutionary Government shall assume later the title of President of the Republic and shall discharge the duties of this office until the Assembly when convoked proceeds to the election of one who shall definitely exercise the duties of the office.
 
    Article 98. The present Congress, composed of members by suffrage or by decree, shall last for four years, or for the duration of the present legislative term commencing on the 15th of April of next year.
 
    Article 99. Notwithstanding the general rule established in part 2 of Article 4, in the meantime that the country is fighting for its independence, the Government is empowered to resolve during the closure of the Congress all questions and difficulties not provided for in the laws, which give rise to unforeseen events, of which the Permanent Commission shall be duly apprised as well as the Assembly when it
meets in accordance with this Constitution.
 
    Article 100. The execution of Article 5, Title III shall be suspended until the constituent Assembly meets in session.
 
    In the meantime, municipalities which require spiritual ministry of a Filipino priest may provide for his necessary maintenance.
 
    Article 101. Notwithstanding the provisions of Articles 62 and 63, bills returned by the President of the Republic to the Congress may not be repassed except in the legislature of the following year, this
suspension being under the responsibility of the President and his Council of Government. When these conditions have been fulfilled, the promulgation of said laws shall be obligatory within ten days,
without prejudice to the President making of record his non-conformity.
If the reapproval is made in subsequent legislative terms, it shall be deemed law approved for the first time.
 
ADDITIONAL ARTICLE
 
    All the estates, edifices, and other property possessed by the religious
corporations in these islands shall be deemed restored to the Philippine State as of May 24, 1898 when the Dictatorial Government has been constituted in Cavite.
 
    BARASOAIN, the twentieth of January, 1899.
 
 
The President of the Congress
PEDRO A. PATERNO
 
The Secretaries
PABLO TECSON
PABLO OCAMPO
 
 Aguedo Velarde
 Alberto Barretto
 Ambrosio Rianzares Bautista
 Antonio Luna
 Antonio Feliciano
 Arcadio del Rosario
 Ariston Bautista
 Ariston Gella
 Arsenio Cruz-Herrera
 Basilio Teodoro
 Benito Legarda
 Ceferino de Leon
 Domingo Samson
 Esteban de la Rama
 Felipe Buencamino
 Felipe Calderon
 Felix Bautista
 Felix Ferrer Pascual
 Fernando Cañon
 Graciano Cordero
 Gregorio Aguilera
 Gregorio Aglipay
 Higinio Benitez
 Hipolito Magsalin
 Hugo Ilagan
 Ignacio Villamor
 Isidro Torres
 Isidro Paredes
 Javier Gonzales Salvador
 Joaquin Gonzales
 Joaquin Luna
 Jose Basa
 Jose Salamanca
 Jose R. Infante
 Jose F. Oliveros
 Jose Tuason
 Jose Santiago
 Jose M. de la Vina
 Jose M. Lerma
 Jose Albert
 Jose Coronel
 Jose Alejandrino
 Jose Fernandez
 Jose Luna
 Juan Nepomuceno
 Juan Manday
 Juan Tuason
 Justo Lucban
 Leon Apacible
 Leon Guerrero
 Lorenzo del Rosario
 Lucas Gonzales Maninang
 Manuel Xerex Burgos
 Manuel Gomez Martinez
 Manuel Calleja
 Marciano V. del Rosario
 Mariano Abella
 Mariano Lopez
 Mariano Crisostomo
 Martin Garcia
 Mateo Gutierrez Ubaldo
 Mateo del Rosario
 Melecio Figueroa
 Mena Crisologo
 Miguel Zaragoza
 Narciso Hidalgo Resurreccion
 Pablo Ocampo
 Pablo Tecson Roque
 Patricio Bailon
 Pedro A. Paterno
 Perfecto Gabriel
 Pio del Pilar
 Raymundo Alindada
 Ricardo Paras
 Salvador V. del Rosario
 Santiago Barcelona
 Santiago Icasiano
 Sebastian de Castro
 Simplicio del Rosario
 Sofio Alandi
 Sotero Laurel
 Telesforo Chuidian
 Teodoro Sandico
 Teodoro Gonzales
 Tomas Arejola
 Tomas G. del Rosario
 Trinidad H. Pardo de Tavera
 Vicente Foz
 Vicente Guzman Pagulayan
 Vicente Somoza
 Vito Belarmino
 
Presidency of the Revolutionary Government of the Philippines.
D. Emilio Aguinaldo y Famy, President of the Revolutionary Government of the Philippines and Captain General and Commander-in-Chief of its Army.
 
Know all Filipino citizens: That the Assembly of Representatives of the nation, by virtue of its sovereign power, has decreed and I have sanctioned the political Constitution of the state.
 
Therefore:
 
I command all the authorities, civil as well as military, of whatever class or rank, to keep it and cause it to be kept, complied with and executed in all its parts, because it is the sovereign will of the Filipino
people.
 
Done at Malolos, on the twenty-first of January in the year eighteen hundred and ninety-nine.
 
 
                                                            EMILIO AGUINALDO

Treaty of Peace between the United States of America and Spain

TREATY OF PEACE

Between the

UNITED STATES OF AMERICA

and

SPAIN

[December 10, 1898]

The United States of America and Her Majesty, the Queen Regent of Spain, in the name of her august son, Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

The President of the United States, William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw Reid, citizens of the United States;
And Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, president of the senate, Don Buenaventura de Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don Jose de Garnica, deputy of the Cortes and associate justice of the supreme court; Don Wenceslao Ramirez de Villa-Urrutia, envoy extraordinary and minister plenipotentiary at Brussels, and Don Rafael Cerero, general of division;
Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

Article I

Spain relinquishes all claim of sovereignty over and title to Cuba, and as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

Article II

Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.
   
Article III

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.

Article IV

The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. 

Article V

The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.
Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.
The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.
Article VI

Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States.
Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article.

Article VII

The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Government, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.
The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.

Article VIII

In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain.

And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.
Article IX

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

Article X

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

Article XI

The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong.

Article XII

Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules:

1. Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.

2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor.

3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.

Article XIII

The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.

Article XIV

Spain will have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.

Article XV

The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.

Article XVI

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight. 

[Seal] William R. Day
[Seal] Cushman K. Davis
[Seal] William P. Frye
[Seal] Geo. Gray
[Seal] Whitelaw Reid
[Seal] Eugenio Montero Rios
[Seal] B. de Abarzuza
[Seal] J. de Garnica
[Seal] W. R. de Villa Urrutia
[Seal] Rafael Cerero

Feb 6, 2011

The Malolos Constitution and the Treaty of Paris

After returning to the islands, Aguinaldo wasted little time in setting up an independent government. On June 12, 1898, a declaration of independence, modeled on the American one, was proclaimed at his headquarters in Cavite. It was at this time that Apolinario Mabini, a lawyer and political thinker, came to prominence as Aguinaldo's principal adviser. Born into a poor indio family but educated at the University of Santo Tomás, he advocated "simultaneous external and internal revolution," a philosophy that unsettled the more conservative landowners and ilustrados who initially supported Aguinaldo. For Mabini, true independence for the Philippines would mean not simply liberation from Spain (or from any other colonial power) but also educating the people for self-government and abandoning the paternalistic, colonial mentality that the Spanish had cultivated over the centuries. Mabini's The True Decalogue, published in July 1898 in the form of ten commandments, used this medium, somewhat paradoxically, to promote critical thinking and a reform of customs and attitudes. His Constitutional Program for the Philippine Republic, published at the same time, elaborated his ideas on political institutions.

On September 15, 1898, a revolutionary congress was convened at Malolos, a market town located thirty-two kilometers north of Manila, for the purpose of drawing up a constitution for the new republic. A document was approved by the congress on November 29, 1898. Modeled on the constitutions of France, Belgium, and Latin American countries, it was promulgated at Malolos on January 21, 1899, and two days later Aguinaldo was inaugurated as president.

American observers traveling in Luzon commented that the areas controlled by the republic seemed peaceful and well governed. The Malolos congress had set up schools, a military academy, and the Literary University of the Philippines. Government finances were organized, and new currency was issued. The army and navy were established on a regular basis, having regional commands. The accomplishments of the Filipino government, however, counted for little in the eyes of the great powers as the transfer of the islands from Spanish to United States rule was arranged in the closing months of 1898.

In late September, treaty negotiations were initiated between Spanish and American representatives in Paris. The Treaty of Paris was signed on December 10, 1898. Among its conditions was the cession of the Philippines, Guam, and Puerto Rico to the United States (Cuba was granted its independence); in return, the United States would pay Spain the sum of US$20 million. The nature of this payment is rather difficult to define; it was paid neither to purchase Spanish territories nor as a war indemnity. In the words of historian Leon Wolff, "it was . . . a gift. Spain accepted it. Quite irrelevantly she handed us the Philippines. No question of honor or conquest was involved. The Filipino people had nothing to say about it, although their rebellion was thrown in (so to speak) free of charge."

The Treaty of Paris aroused anger among Filipinos. Reacting to the US$20 million sum paid to Spain, La Independencia (Independence), a newspaper published in Manila by a revolutionary, General Antonio Luna, stated that "people are not to be bought and sold like horses and houses. If the aim has been to abolish the traffic in Negroes because it meant the sale of persons, why is there still maintained the sale of countries with inhabitants?" Tension and ill feelings were growing between the American troops in Manila and the insurgents surrounding the capital. In addition to Manila, Iloilo, the main port on the island of Panay, also was a pressure point. The Revolutionary Government of the Visayas was proclaimed there on November 17, 1898, and an American force stood poised to capture the city. Upon the announcement of the treaty, the radicals, Mabini and Luna, prepared for war, and provisional articles were added to the constitution giving President Aguinaldo dictatorial powers in times of emergency. President William McKinley issued a proclamation on December 21, 1898, declaring United States policy to be one of "benevolent assimilation" in which "the mild sway of justice and right" would be substituted for "arbitrary rule." When this was published in the islands on January 4, 1899, references to "American sovereignty" having been prudently deleted, Aguinaldo issued his own proclamation that condemned "violent and aggressive seizure" by the United States and threatened war.