GEC 002: Philippine Constitutions 1897-1899 & Organic Acts PDF

GEC 002 Week 9 Intended Learning Outcomes Analyze the background of the 1897 and 1899 Philippine Constitutions. Discuss the historical background and salient features of the Philippine organic laws. What is a Constitution? The term constitution refers to that body of rules and princi...

GEC 002 Week 9 Intended Learning Outcomes Analyze the background of the 1897 and 1899 Philippine Constitutions. Discuss the historical background and salient features of the Philippine organic laws. What is a Constitution? The term constitution refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. The constitution in the Philippines is officially known as the 1987 Constitution. Why do we need a constitution? Nature and Purpose of a Constitution It has the status of a supreme or fundamental law. It establishes the basic framework of the system of government and to establish certain basic principles. It articulates the rights of citizens that institutions, procedures or legislation must not infringe, and which the state must strive to ensure. Context Events leading to the birth of Philippine Constitution What do you know about the death of Andres Bonifacio? Tejeros Convention 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. Results Bonifacio was elected Director of the Interior over Mariano Alvarez. However, after Bonifacio was elected, Daniel Tirona loudly objected that the post should not be occupied by a person without a lawyer's diploma. What can you conclude about the election result of Tejeros Convention? Internal Disputes According to Ambeth Ocampo, the Tejeros Convention was rejected by Andres Bonifacio for the following reasons: almost all the ballots were in the hand of one person ballots from people not eligible to vote were counted against their candidate and faction electors from outside Cavite, and outside the Magdalo and Magdiwang factions, were not present to cast their votes Acta de Tejeros The signatories of Acta de Tejeros further rejected the republic instituted at the convention and reaffirmed their commitment to the Katipunan. Unbeknownst to them, it was this very declaration that would cost Bonifacio his life, charging him with treason in a kangaroo court composed of Aguinaldo’s loyalists. Tejeros Convention: Fraud and Betrayal “What are we to make of this once forgotten historical document? Aguinaldo was the only Magdalo elected to a government dominated by Magdiwang. Aguinaldo did not need to attend or cheat in the Tejeros Convention; the presidency was handed to him by the Magdiwang that betrayed Bonifacio.” (Ambeth Ocampo, Inquirer, November 28, 2018) The Constitution of Biak-na-Bato After the Tejeros Convention, a later meeting of the revolutionary government established there, held on November 1, 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-na-Bato. Biak na Bato Republic The Constitution 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 Philippines first ever constitution. It laid down the first republic ever declared in the Philippines. The Constitution of Biak-na-Bato 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. Preamble "We, the representatives of the Philippine people, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare, and insure the blessings of liberty and independence under the aegis of the Almighty God and His Divine Providence, do ordain and promulgate this Constitution." 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. Biak-na-Bato Republic The organs of the government under the Biak na Bato Constitution were: The Supreme Council (President and four secretaries) Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice) Assemblea de Representates (Assembly of Representatives) Other provisions of the 1897 Constitution Article VIII: Official Language - Tagalog shall be the official language of the Republic. 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. Other provisions of the 1897 Constitution 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. Other provisions of the 1897 Constitution 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. Failure of Biak-na-Bato 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. Failure of Biak-na-Bato According to the pact, Aguinaldo and his fellow revolutionaries were given amnesty and monetary indemnity by the Spanish Government, in return for which the revolutionary government would go into exile in Hong Kong. Filipino Revolutionaries Exiled in Hong Kong 1899 Malolos Constitution The 1899 Malolos Constitution In January 23, 1899, the Malolos Constitution, the first Philippine Constitution—the first republican constitution in Asia—was drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901. Preamble "We, the representatives of the Filipino people, Pledging ourselves anew to the cause of Freedom and Independence, invoking the aid of Divine Providence, do hereby ordain and promulgate this Constitution." The Malolos Constitution of 1899 It created a Filipino state whose government was "popular, representative and responsible" with three distinct branches -- the executive, the legislative and the judicial. The constitution specifically provided for safeguards against abuses and enumerated the national and individual rights not only of the Filipinos and of the aliens. Unfortunately, just like the Biak na Bato, the Malolos Constitution was never enforced. Why? U.S. Interruption The 1899 Malolos Constitution was never enforced due to the on-going war. The Philippines was effectively a territory of the United States of America upon the signing of the Treaty of Paris between Spain and the United States, transferring sovereignty of the Philippines on December 10, 1898 and from 1898 to 1901, the Philippines would be under a military government until a civil government would be put into place. Treaty of Paris Despite the failure to continuously uphold the Philippine constitutions (Biak na Bato and Malolos). What do you think is the importance of the Filipino sponsored constitutions we had in the past? Did it prove something? Explain? Legacy “The constitution as a whole is a monument to the capacity of the Filipinos to chart their own course along democratic lines. In a period of storm and stress, it symbolized the ideals of a people who had emerged from the Dark Ages into the Light of Reason.” History of the Filipino People. Teodoro A. Agoncillo Formative Assessment Ungraded Used to gauge your learning Use any paper available to write your answer Honesty is a virtue 1. What is the present Philippine constitution? A. 2021 Philippine Federal Constitution B. 1987 Philippine Constitution C. 1973 Constitution D. 1935 Constitution 2. The following are nature and purpose of constitution EXCEPT: A. It has the status of a supreme or fundamental law. B. It establishes the basic framework of the system of government. C. It articulates the rights of citizens. D. It serves as merely a reference for the legislative body. 3. The following are true about the Tejeros Convention EXCEPT: A. The first presidential and vice presidential elections in Philippine history. B. Only Katipuneros (members of the Katipunan) were able to take part. C. The first general election that included the general populace. D. It was held at San Francisco de Malabón, Cavite. TRUE or FALSE 4. The Tejeros Convention was approved by Bonifacio and was held as the first official Philippine Republic. 5. The Tejeros Convention was attended by the two main leaders of Katipunan. Emilio Aguinaldo of Magdalo and Andres Bonifacio of Magdiwang. 6. The Biak na Bato Constitution was drafted by Isabelo Artacho and Félix Ferrer and based on the American constitution. 7. The Constitution of Biak-na-Bato was never fully implemented. Why? A. The Pact of Biak-na-Bato, was signed between the Spanish and the Philippine Revolutionary Army. B. Spain has already annexed Philippines to the American government through the Treaty of Paris. C. Katipuneros loyal to Bonifacio broke away from Aguinaldo’s government and established the Bicol Republic. 8. The 1899 Malolos Constitution was never enforced due to the on-going war. Why? A. The Pact of Malolos, was signed between the Spanish and the Philippine Revolutionary Army. B. Spain has already annexed Philippines to the American government through the Treaty of Paris. C. Katipuneros loyal to Bonifacio broke away from Aguinaldo’s government and established the Bicol Republic. 9. The following are features of the Malolos Constitution EXCEPT: A. It created a Filipino state whose government was popular, representative and responsible. B. It has three distinct branches -- the executive, the legislative and an independent Constitutional Commissions. C. It respects national and individual rights not only of the Filipinos and of the aliens. D. It provided for safeguards against abuses. 10. According to the pact, Aguinaldo and his fellow revolutionaries were given amnesty and monetary indemnity by the Spanish Government. In return: A. Aguinaldo and his men will join the Spanish colonial government. B. The revolutionary government will only govern Mindanao. C. The revolutionary government would go into exile in Hong Kong. Answer Key 1. B 2. D 3. C 4. False – Bonifacio rejected it by signing Acta de Tejeros 5. False – Aguinaldo did not attend 6. False – the constitution was based from Cuban constitution 7. A 8. B 9. B 10. C END OF WEEK 9 FIRST HALF  American Occupation of the Philippines Philippine Organic Laws During the American Occupation, the Philippines was governed by the laws of the United States of America. Organic Acts were passed by the United States Congress for the administration of the Government of the Philippine Islands. Philippine Organic Laws The first was the Philippine Organic Act of 1902, which provided for a Philippine Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act of 1916, which included the first pledge of Philippine independence. These laws served as constitutions of the Philippines from 1902 to 1935. Philippine Organic Laws The Philippine Organic Act of 1902 (also known as the Cooper Act) and the Philippine Autonomy Act of 1916 (also known as the Jones Law) were two laws passed by the United States Congress that established the basic structure of government in the Philippines during the American colonial period. Overall, the Philippine Autonomy Act of 1916 granted Filipinos more autonomy and self-government than the Philippine Organic Act of 1902. It was a significant step towards Philippine independence, and it laid the foundation for the Philippine government that was established after independence in 1946. Zaide, G. R. (2014). The Philippine political and cultural history (Vol. 2). National Book Store. Hare-Hawes-Cutting Bill (OsRox Mission) Controversy divided the Philippine legislature with the debate on the acceptance or rejection of the Hare-Hawes-Cutting Bill brought home by Osmeña-Roxas mission from the US Congress in 1931, which provided for a 10-year transition period before the granting of Philippine independence. Hare-Hawes-Cutting Bill (OsRox Mission) The passage of the independence bill resulted in the splitting of the Democrata Party and Nacionalista Party into two factions; the Pros and Antis. Majority in the legislature led by Quezon and Recto rejected the said bill, thereby composing the Antis, while the Pros became the Minority under Osmena, Roxas and others. Tydings-McDuffie Act (Quezon and the Philippine Independence Mission) On October 17, 1933, Quezon and others triumphed in this battle as the Philippine legislature rejected the bill. Quezon eventually brought in from the United States the Tydings-McDuffie Act (Public Law 73- 127) authored by Sen. Millard Tydings and Rep. John McDuffie, a slightly amended version of the Hare-Hawes-Cutting bill signed by President Franklin Roosevelt on March 24, 1934. Tydings-McDuffie Act (Quezon and the Philippine Independence Mission) The bill set July 4 after the tenth year of the commonwealth as date of Philippine independence. This was accepted by the Philippine Legislature on May 1, 1934. This event is the precursor to the birth of the 1935 Philippine Constitution.