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COLEGIO DE SANTA CATALINA DE ALEJANDRIA
DUMAGUETE CITY
GENERAL EDUCATION 4
READINGS IN THE PHILIPPINE HISTORY
MODULE 3
LEARNING OUTCOMES:
1. Examine the contents of the act of declaration
Learning Activity1
1. What does the document want to convey?
2. How did the revolutionaries regard Aguinaldo based on the document?
3. According to the document, what do the symbols in the Philippine flag represent?
4. How did the Filipinos regard the United States according to the document?
5. What is the importance of this document in the history of our country?
Act of Declaration of Philippine Independence
Source: Declaration of Philippine Independence.” In The Laws of the First Philippine Republic (The Laws of Malolos),
edited by Sulpicio Guevara, 203-206. Manila: National Historical Commission, 1972.
1899 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
(MALOLOS CONVENTION)

Learning outcomes:
1. Examine the contents of the Malolos Constitution
2. Appraise the prevailing conditions when the first constitution was made
3. Sort significant provisions that still remain in the present constitution of the Philippines
Learning Activity 2
1. How does the Malolos Constitution define sovereignty?
2. How did the Malolos Constitution regard independence?
3. What is a republic? Do you think it is the most appropriate form of government for the Philippines?
Explain your answer.
4. How should a republic exercise its power based on the Malolos Constitution?
5. Why do you think doe the Malolos Constitution put so much emphasis on the protection and promulgation of
the rights of citizens?
The President of the Council, Apolinario Mabini.
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 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. Except 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 shallbe 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 Justic e.
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, upo 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 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, shalllast 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.
Source: https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/
Treaty of Peace between the United States of America and the
Kingdom of Spain (Treaty of Paris)
Signed in Paris, 10 December 1898
By the President of the United States of America
Learning Outcomes
1. Analyze the provisions of the Treaty of Paris
2. Explain the role of the United States of America on the liberation of the Philippines from the Spanish
colonization
Learning Activity3
Of the seventeen (17) articles of the Treaty of Paris, select one (1) article which you think is favorable to the
people of the Philippines. Select another one (1) article which you think is unfavorable to the people of the
Philippines. Explain each of them.
A Proclamation
Whereas, a Treaty of Peace between the United States of America and Her Majesty the Queen Regent of
Spain, in the name of her August Son, Don Alfonso XIII, was concluded and signed by their respective
plenipotentiaries at Paris on the tenth day of December, 1898, the original of which Convention being in the English
and Spanish languages, is word for word as follows:
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 to 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 Divisions;
Who, having assembled in Paris, and having exchange 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 claims of sovereignty over and title in Cuba. And as the island is, upon its evacuation by
Spain, to be occupied by the United States, the United States will, so long 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) degrees 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 degree and forty five minutes north latitude,
thence along the parallel of four degrees and forty five minutes north latitude to its intersection with the meridian of
longitude one hundred and nineteen degrees and thirty five minutes east of Greenwich.
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 sports 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.
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 calibers, 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.
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.
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. The United States will adjudicate and
settle the claims of its citizens against Spain relinquished in this article.
ARTICLE VIII
And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph
refers, cannot 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 achieves of the Peninsula. Where any document in such
achieves 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 achieves 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 achieves and records, executives as well as judicial, in the island
above referred to, which relate to said islands or the rights and property of their inhabitants.
ARTICLE IX
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. Judgements 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 rights 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 judgements
should be carried out.
2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to
judgement before the court in which they may then be pending or in the court that may be substituted there for.
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 judgement; but, such
judgement 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, in 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 shall have the power to establish consular officers in the sports 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 coast wide trade.
This article may at any time be terminated on six months’ notice given by their Government to the other.
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 the termination of such occupancy, advice any Government
established in the island to assume the same obligations.
ARTICLE XVII
The president 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.
Now, therefore, be it known that I, William McKinley, President of United States of America, have caused the said
Convention to be made public, to the end that the same and every article and clause thereof may be observed and
fulfilled with good faith by the United States and the citizens thereof.
Source: https://www.officialgazette.gov.ph/1898/12/10/treaty-of-peace-between-the-united-states-of-america-and-the-
kingdom-of-spain-treaty-of-paris-signed-in-paris-december-10-1898
Convention between the United States of America and Great
Britain Delimiting the Boundary between the Philippine
Archipelago and the State
of North Borneo {1930}
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
Learning Outcomes:

1. Analyze the provisions of this convention
Discuss the matters of delineation between the Philippines and North Borneo
Learning Activity 4
China has been very aggressive in its claim of most parts of the South China Sea or the West Philippine Sea. How
would you use this Convention between the United States of America and Great Britain Delimiting the Boundary
between the Philippine Archipelago and the State of North Borneo {1930} as a counter evidence of the
Philippines in defending its territory and sovereignty?
A PROCLAMATION
Whereas a convention between the United States of America and his Majesty the King of Great Britain,
Ireland and the British Dominions beyond the Seas, Emperor of India, delimiting definitely the boundary between
the Philippine Archipelago (the territory acquired by the United States of America by virtue of the treaties of
December 10, 1898, and November 7, 1900, with her Majesty the Queen Regent of Spain) and the State of North
Borneo which is under British protection, was concluded and signed by their respective Plenipotentiaries at
Washington on the second day of January, one thousand nine hundred and thirty, the original of which convention is
word as follows:
The President of the United States of America and His Majesty the King of Great Britain, Ireland and the
British, Dominions beyond the Seas, Emperor of India,
December 10, 1898, and November 7, 1900 with Her Majesty Queen Regent of Spain) and the State of North Borneo
which is under British Protection, Have resolve to conclude a Convention for that purpose and have appointed as
their plenipotentiaries:
The President of the United States of America, Henry L. Stimson, Secretary of State of the United States;
and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India,
For Great Britain and Northern Ireland: The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O., His
Majesty’s Ambassador Extraordinary and Plenipotentiary at Washington;
Who, having communicated to each other their respective full powers found a good and due form have
agreed upon and concluded the following Articles:
ARTICLE I
It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the
one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand
shall be and is hereby established as follows:
Hence, due north along the meridian of longitude one hundred nineteen degrees east of Greenwich to its with the
parallel of four degrees forty-two minutes north latitude; thence in a straight line approximately true passing between
Little Bakkungaan Island and Great Bakkungaan Island to the intersection of the parallel of six degrees seventeen
minutes north latitude and the meridian of longitude one hundred seventeen degrees fifty-eight minutes east of
Greenwich; the latter point being on the boundary defined by the Treaty between the United States of America and
Spain signed at Paris, December 10, 1898.
ARTICLE II
The line described above has been indicated on Charts Nos. 4707 and 4720, published by the United States Coast
and Geodetic Survey, corrected to July 24, 1929, portions of both charts so marked being attached to this treaty and
made a part thereof. It is agreed that if more accurate surveying and mapping of North Borneo. The Philippine
Islands and intervening islands shall in the future show that the line described above does not pass between Little
Bakkungaan and Great Bakkungaan Islands, substantially as indicated on Chart No. 4720.
Mangsee Great Reef as indicated on Chart No. 4720, the boundary shall be understood to be defined in that areas as
a straight line drawn from the intersection of the parallel of north latitude and the meridian of longitude of east
Greenwich, passing through Mangsee Channel as indicated on attached Chart No. 4720 to a point on the parallel of
north latitude.
ARTICLE III
All island to the north and east of the said line and all islands and rocks traversed by the said line, should there be
any such, shall belong to the Philippine Archipelago and all islands to the south and west of the said line shall belong
to the State of North Borneo.
ARTICLE IV
North Borneo on the other hand in consequence of the establishment of the line fixed by the preceding articles of the
present Convention. In the event of either High Contracting Party ceding, selling, leasing, or transferring any of the
islands in question to a third party provision shall be made for the continued application to such island of the
aforementioned Article 19 of the Treaty between the United States of America, the British Empire, France, Italy and
Japan limiting naval armament, signed at Washington on February 6, 1922, provided that Treaty is still in force at
the time of such cession, sale, lease or transfer.
ARTICLE V
The present Convention shall be ratified by the President of the United States of America, by and with the
advice and consent of the Senate thereof, and by His Britannic Majesty, and shall come into force on the exchange of
the acts of ratification which shall take place at Washington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the same and have affixed there to their respective
seals. Done in duplicate at Washington the second day of January in the year of our Lord one thousand nine hundred
and thirty.
Now, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the
said convention to be made public, to the end that the same and every article and clause thereof may be observed and
fulfilled with good faith by the United States of America and citizens thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to
be affixed.
Done at the city of Washington this fifteenth day of December in the year of our Lord one thousand nine hundred
and thirty-two, and of the Independence of the United States of America the one hundred and fifty-seventh.
HERBERT HOOVER
By the President:
ZENRY L. STIMSON.
Secretary of State
National Territory
{Document No. 19:3}
Source: https://www.officialgazette.gov.ph/1932/12/15/convention-between-the-united-states-of-america-and-
great-britain-delimiting-the-boundary-between-the-philippine-archipelago-and-the-state-of-
Minutes of the Proceedings on the National Territory of the
1971 Constitutional Convention
Learning outcomes:
1. Examine the contents of the minutes of the proceedings on the national territory of the 1971
constitutional convention
2. Define national territory
3. Justify claims of the Philippines in its territorial jurisdiction
Learning Activity 5
1. How did the 1972 constitutional convention finally define national territory?
2. Can we use this document to argue the claim of rights of the Philippines over the islands being claimed by
China? Why or why not?
Minutes of the Session
Friday, February 11, 1972
1. At 8 a.m. President Diosdado Macapagalcalled the session to order.
2. Delegate Fernando Bautista led the singing of the National Anthem.
3. Delegate Benjamin R. Abubakar delivered the invocation.
SUSPENSION OF SESSION
4. The session was suspended at 8:05 a.m.
RESUMPTION OF SESSION
5. The session was resumed at 9:30 a.m.
DECLARATION OF QUOROM
6. Two hundred ninety-eight (298) Delegates were recorded present. The following were recorded absent.
Delegate Damian Aldaba Delegate Jaime C. Opinion
Delegate Sonia S. Aldeguer Delegate Melchor G. Padua Jr.
Delegate Jose D. Calderon Delegate Rolando C. Piit
Delegate Mary Rose J. Ezpeleta Delegate Gil G. Puyat Jr.
Delegate Carlos Ledesma Delegate Juanito R. Remulla
Delegate Juan A. Lucas Luna Delegate Luis D. Santos
Delegate Jose P. Marcelo Delegate Jose A. Yulo Jr.
Delegate Jacinto Montilla
Upon certification of the secretary,the Chair declared the existence of a quorum.
7. Floor Leader Carlos J. Valdes moved to defer consideration of item on the agenda (continuation of consideration of
committee Report No. 1 of the committee on Preamble and National Identity). There being no objection, the motion was
approved.
8. Floor Leader Valdes recommended that Committee Reports Nos. 1 and 2 of the Committee of the National Territory be
considered, and asked that delegate Eduardo Quintero, Committee Chairman, be recognized.
8.1 Upon recognition by the chair, Delegate Quintero stated that his committee was sponsoring the inclusion of the
following article on national territory in the new constitution:
ARTICLE 1
The National Territory
SECTION 1. The National Territory of the Philippines shall be the archipelago of the name, the historic home of the
Filipino people from its beginnings, whose boundaries are set forth in article III of the Treaty of Paris concluded between
the United States and Spain on the tenth day of December,eighteen hundred and ninety-eight, together with all the islands
embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November,
nineteen hundred, and in the convention concluded between the United States and Great Britain on the second day of
January, nineteen hundred and thirty, and all other territories over which the Government of the Philippines has been
exercising jurisdiction or over which it has a right.
SECTION 2. All the waters around, between and connecting the various islands of the Philippines archipelago,
irrespective of their widths or dimensions, are considered necessary appurtenances of the Land territory, forming part of
the inland or internal waters of the Philippines.
SECTION 3. All the waters beyond the outermost islands of archipelago within the boundaries set forth in the treaties and
convention mentioned in section one hereof comprises the territorial sea of the Philippines.
SECTION 4. The sovereignty of the Philippines extends, beyond its land territory and its internal waters,to a belt adjacent
to its coast,described as the territorial sea. Said sovereignty also extends over the air space above its land areas,its
internal waters and territorial sea as to its land areas,its seabed and subsoil.
SECTION 5. The National Assembly shall define the control that the Philippines will exercise in the contiguous zone and
in the superjacent waters of the continental shelf.
He suggested that the panel of sponsors first be allowed to present the stand of the committee before interpellations were
entertained.
SUSPENSION OF SESSION
9. The session was suspended at 9:50 a.m.
RESUMPTI OF SESSION
10. The session was resumed at 9:53 a.m.
11. Delegate Quintero proceeded to define the following terms: archipelago, high seas,territorial sea and inland waters.
12. Delegate Custodio A. Villalva pointed out the erroneous technical description of Philippines territory in article III of
the Treaty of Paris of December 10, 1898 which was adopted in article I of the present constitution. He stated that the
treaty fixed the northern boundary along the 20th north latitude, thus excluding Batanes. Citing historical facts,he said that
Batanes has been a part of the Philippines since the Spanish and American regimes. He then recommended the approval of
section 1 of the committee report.
12.1 Delegate E. Voltaire Garcia II suggested the deletion of the article, arguing that international laws should govern
delimitation of the national territory.
ADJOURNMENT OF SESSION
13. Upon motion floor Leader Valdes,the session was adjourned until 9 a.m. the following day.
It was 10:58 a.m.
I hereby certify to the correctness of the foregoing.
(Sgd.) JOSE V. ABUEVA
Secretary
FLOOR LEADERS:
HON. ESTANISLAO A. FERNANDEZ
HON. FIDEL P. PURISIMA
HON. CARLOS J. VALDES
Minutes of the session
February 17, 1972
****
8. Floor Leader Garcia (J.) announced the next item on the agenda (consideration of the revised draft article on
national territory), and asked that delegate Eduardo Quintero, Chairman of the Committee on National Territory, be
recognized.
8.1 Upon recognition by the Chair, Delegate Quintero presented the revised draft article and read the names of authors of
various amendments incorporated therein. He then moved for its approval, reading as follows:
ARTICLE 1
The National Territory
THE NATIONAL TERRITORY CONSISTS OF THE PHILIPPINE ARCHIPELAGO,WHICH IS THE ANCESTRAL
HOME OF THE FILIPINO PEOPLE,AND WHICH IS COMPOSED OF ALL THE ISLANDS AND WATERS
EMBRACED THEREIN,AND ALL OTHER TERRITORIES BELONGINGTO THE PHILIPPINES BY HISTORIC
RIGHT OR LEGAL TITLE INCLUDINGTHE TERRITORIAL SEA,THE AIR SPACE,THE SUBSOIL,THE SEA-
BED, THE CONTINENTAL SHELF AND OTHER SUBMARINE AREAS OVERWHICH THE PHILIPPINES HAS
SOVEREIGNTY OR JURISDICTION.
THE WATERS AROUND,BETWEEN AND CONNECTINGTHE ISLANDS OF THE ARCHIPELAGO,
IRRESPECTIVE OF THEIR BREADTH AND DIMENSIONS,FORM PART OF THE INTERNAL WATERS OF THE
PHILIPPINES.
8.2 Interpolating, Delegate Felixberto M. Serrano suggested that CONSISTS in Line 1 called for an enumeration, and that
WATERS AROUND in Line 11 was ambiguous. Delegate Quintero explained that the points brought up could be taken
care of by the Committee on style.
8.3 Delegate Emmannuel T. Santos explained that the continental shelf, continental slope, and continental rise would
constitute the continental margin implied in the term OTHER SUBMARINE AREAS in Line 9.
8.4 Delegate Pedro G. Exmundo inquired if HISTORIC RIGHT in Line 6 referred to all the territories ceded by Spain to
the United State under the Treaty of Paris. Delegate Quintero replied on the affirmative.
8.5 Delegate Anacleto D. Badoy Jr. observed that the word BELONGINGwould not provide for future territorial
acquisitions, and suggested the phrase ALL WATERS WITHIN THE TERRITORIAL BOUNDARIES instead of
‘’waters around’’ in Line 11. Delegate Quintero replied that the Committee on style could consider the matter.
8.6 Noting the absence of an explanatory note to the revised draft, Delegate Antonio R. Tupaz moved that the records of
the Committee proceedings during revision of the draft be included in the journal. The Chair suggested that the motion be
made at the proper time. Delegate Tupaz (A.) obliged.
8.7 Delegate Pedro O. Valdez asked if the words SUBSOIL and SEA-BED included mineral and marine resources.
Speaking in behalf of the Committee, Delegate Justino P. Hermoso replied in the affirmative.
8.8 Delegate Midpantao L. Adil observed that the Sulu archipelago should be properly defined in the article.
8.9 Delegate Manuel A. Concordia inquired if the revised draft implied the acquisition of territory through purchase.
Delegate Quintero replied in the affirmative.
8.10 Delegate Roseller T. lim proposed that the term PHILIPPINE ARCHIPELAGO be legally defined in the article.
Delegate Quintero explained that the Committee had decided to avoid any mention of treaties between powers which
colonized the Philippines.
8.11 Delegate Rebeck Espiritu suggested that national territory be defined simply in terms of land, interval waters,and
territorial sea to avoid redundancy. Delegate Hermoso explained that the definition was comprehensive in order to
emphasize the multi-dimensional nature of the territory.
8.12 Delegate Victor de la Serna inquired if BELONGING TO THE PHILIPPINES BY HISTORIC RIGHT OR LEGAL
TITLE in lines 5 and 6, implied that the country was already asserting its sovereignty over disputed territories. Delegate
Quintero replied in the negative.
9. Delegate Samuel C. Occeña moved for the previous question. Submitted to a vote, the motion was approved, 119 to 4.
10. Delegate Rogelio E. panotes inquired if the draft was still open to perfecting amendments. The Chair was replied in
the negative.
10.1 Citing Section 7, Rule V, Part III of the Rules, Delegate Panotes pointed out that amendments were in order after the
main debate. The Chair ruled that a motion for the previous question could be made at any time, and that once approved,
such motion would end debate.
11. Delegate Rodolfo A. Ortiz requested that his remarks on the draft be inserted in the journal of the Convention. The
request was granted.
12. Delegate Badoy moved for reconsideration of the vote on the motion for the previous question. Submittedtoa vote,
the motionwaslost,49 to 80.
13. Delegate Padua (C.) requested that his interpretation of the territorial sea be inserted in the Journal. The request was
granted.
13.1. Rising on a point of order, Delegate Aquilino Pimentel Jr. said that the body should be informed of the nature of
documents being made part of the Journal. Whereupon, the Chair asked Delegate Padua (C.) to withdraw his request
temporarily. Delegate Padua (C.) obliged.
13.2. Delegate Quintero commented that the Padua (C.) interpretation differed from that of the Committee.
14. Delegate Ernesto R. Rondon pointed out that voting on the draft before amendments were discussed on the floor
would be irregular. The Chair replied that the Committee had already considered amendments and that a motion for
the previous question had been approved.
14.1. Delegate Rondon appealed from the ruling of the Chair. Submitted to a vote, the appeal was lost.
15. Delegate Panotes inquired what would happen to the draft if it were rejected by the body. The Chair replied that
the matter could be taken up at the proper time.
16. Upon direction by the Chair, the Secretary read the draft of Article I for voting. It was approved, 177 to 14.
SUSPENSION OF SESSION
17. The session was suspended at 5:29 p.m.
RESUMPTION OF SESSION
18. The session was resumed at 5:44 p.m.
19. Delegate Tupaz (A.) moved that the minutes of the Committee deliberations on the draft be inserted in the
Journal. There being no objection, the motion was approved.
20. Delegate Padua (C.) reiterated his request that his discussion on the territorial sea be inserted in the Journal. It
was granted.
21. Delegate Raul S. Roco, Chairman of the Committee on Declaration of principles and Ideologies, asked that his
statements in reply to newspaper criticism of the draft article on the declaration of principles be inserted in the
Journal. The request was granted.
22. Delegate Lim (R.) moved to suspend the Rules, and asked that he be allowed to explain his motion.
SUSPENSION OF SESSION
23. The session was resumed at 5:56 p.m.
RESUMPTION OF SESSION
24. The session was resumed at 6:09 p.m.
25. Delegate Lim (R.) explained that Rules on the presentation of motions for the previous question needed
amendment so that such motions could not be used to cut debates short. He pointed out that the presentation of
amendments on the floor was vital and should not be disregard merely to expedite proceedings.
25.1. Delegate Natalio B. Bacalso suggested that motions for the previous question be presented only after all
amendments were disposed of.
25.2. The Chair declared that the observations of Delegates Lim (R.) and Bacalso would be referred to the
Committee on Legal Affairs for proper action.
26. Delegate Augusto T. Kalaw suggested that nominal voting should be held on the second reading of constitutional
proposals since it was more crucial that the vote on third reading.
26.1. The Chair stated that the Rules made nominal voting mandatory on third reading, but discretionary on second
reading.
26.2. Delegate Kalaw requested that his observations on nominal voting he referred to the Committee on Legal
Affairs. The request was granted.
27. Delegate Jose Y. Feria moved for reconsideration of the approval of the draft article on national territory.
SUSPENSION OF SESSION
28. The session was suspended at 6:29 p.m.
RESUMPTION OF SESSION
29. The session was resumed at 6:35 p.m.
30. Delegate Feria withdraw his motion.
31. Delegate Ramon A. Diaz, Chairman of the Steering Council, presented the draft article on civil service, as
prepared by the Committee on Civil Service and consolidated by the Council, and asked that Delegate Numeriano .
Tanopo Jr., Chairman of the Committee on Civil Service, be recognize for sponsor the draft.
31.1. Delegate Tanopo submitted for consideration and approval the draft article on civil service. He stated that
Delegate Alfredo J. Lagamon would be the first sponsor.
31.2. Deploring the state of the civil servi, Delegate Lagamon stressed the need to upgrade it through the proposals
recommended by the Committee. He emphasized that the civil sevice must meet the demands of the time.
ADJOURNMENT OF SESSION
32. Upon motion of Floor Leader Garcia (J.) the session was adjourned until 8 a.m. the following day.
It was 7 p.m.
I hereby certify to the correctness of the foregoing.
(Sgd.) JOSE V. ABUEVA
Secretary
FLOOR LEADERS:
HON. EDMUNDO B. CEA
HON. JESUS GARCIA
HON. ANTONIO D. OLMEDO
Source: 1971 Constitutional Convention Records: Records of the Session, Vol. VI, February
1972
Report of the Cholera Epidemic in the Philippines
Learning Outcomes:
1. Recognize the experience of epidemic in the history of the Philippines
2. Create strategies to develop resilience from pandemics
3. Visualize the scenario of the early Filipinos who struggled for survival fromthe infection of the
disease.
Learning Activity 6
Given the current situation, using the table below, compare the scenarios of both cholera epidemic in 1902 and the
COVID-19 in the Philippines in terms of:
a) The numberof personsinfected(asof the real time forCOVID-19)
b) Speedof spreadof infection
c) Effectto the economy
d) Effectto the social activitiesof the people
e) Strategiesof the governmenttoaddressthe situation
Indicators 1902 Cholera Pandemic Covid 19-Pandemic
The numberof personsinfected(as
of the real time)
Speed of spread of infection
Effect to the economy
Effect to the social activities of the
people
Strategies of the government to
address the situation
The 1899-1902 war of resistance and the 1902-1904 cholera epidemic belong to two distinct series in
Philippine historiography. The fight against the cholera of 1902-1904 has been represented as a drama whose theme
is American heroism and medico-sanitary skill. Cholera was introduced into the Mariquina valley east of Manila by
troops sent to guard against infection of the Manila water supply. Cholera claimed its victims from all levels of
society, including American soldiers and residents, prominent Filipinos, Chinese, and Spaniards. Developments in
nineteenth-century medicine contributed to the convergence of colonial warfare and disease control.
In March 1902, it was the fourth year of the Philippine-American War. Many towns in Luzon, hamletted by the
Americans, suffered from famine. In Isabela, Emilio Aguinaldo would soon be captured. In Batangas, Miguel
Malvar felt forced to surrender soon, so that rice could be planted in May. To top it all, cholera arrived. “For the
inhabitants of the war-torn areas, it was ultimately a choice between dying of hunger or dying of cholera,” wrote
historian Reynaldo C. Ileto.
“In March 1902 a vessel from Hongkong arrived in Manila carrying cholera. Soon after, the first cases of cholera
surfaced. Cholera was impossible to contain because the Filipinos and even the American troops themselves moved
around carrying the bacteria. Cholera was not selective; it claimed as victims people from different strata of society
and ethnicity—elite, masses, Filipinos, Americans, Spaniards and Chinese. But the lower classes were the hardest
hit, especially in certain districts in Manila, because of the ‘overcrowding, poor sanitation, and poor diet.’ By the
time the epidemic ended, about 109,461 died, 4,386 of which were in Manila…
“[T]he cholera epidemic gave way to what Ileto calls ‘germ warfare,’ another stage of the Philippine-American War.
During this time, military surgeons became the next wave of ‘pacifiers’ after the cavalrymen and troops. Searches
and surveillance were conducted among Filipino homes to ferret out the sick and quarantine them. The Filipino
response was concealment and evasion since they refused to part with their sick family members.
“Within the cholera combat zone, colonial officials prohibited gatherings of people in places considered conducive
to the spread of cholera like churches and cockpits. Officials also resorted to burning the houses of cholera victims
and even gathering places like the town market. By cremating cholera casualties, they elicited further resistance and
hatred among Filipinos whose religious practices demanded proper burial.
Ileto notes that powerful drugs, strict quarantine, and cremation of the dead did not end cholera. Rather, it
was the combination of the heavy rains and the increasing immunity of the populace that caused the epidemic to
subside.
The Deadly 1902 Cholera Epidemic in the Philippines, with Special Interest on Its Consequences in Batangas
The disease cholera is an infection of the small intestines that leads to diarrhea, vomiting and muscle cramps. It is
caused by a bacterium called vibrio cholera that can be transmitted by unsanitary water or food. Persons infected
with the disease may suffer severe dehydration and electrolyte imbalance, which may, in turn, result into death. The
mortality rate for the disease is anything from 5% to 50%, depending on the availability of treatment.
Occasionally, cholera epidemics worldwide reach pandemic levels, i.e. spread over a large region, multiple
continents or even worldwide. The first pandemic to reach the Philippines was the one of 1852-1860, during the
Spanish era. There were passing references to this in the barrio histories of Batangas called Historical Data, so we
know that the pandemic affected the province as well.
There is more available documentation on the sixth global pandemic which raged through the Philippines, including
Batangas, from 1902-1904; and it is to this that we now devote our attention.
On 8 March 1902, American health officials in the Philippines received word that a strain of Asiatic cholera had
appeared in Guangzhou, China; and that five days later it was also reported in Hong Kong. By 19 March, the chief
quarantine officer issued an order “forbidding the importation” of vegetables as well as a directive to health officials
to “be on the lookout for persons suffering from bowel trouble of a suspicious character.”
Despite these measures, the cholera somehow managed to slip through. The following day the Board of Health was
informed by the San Juan de Dios Hospital that two patients were exhibiting symptoms of Asiatic cholera. By 22
March, the presence of the disease was confirmed. Despite efforts by American officials to contain the spread of the
disease, before long it did so, in communities along the Pasig River, including Manila.
Quarantine guards were stationed “on all roads, paths and streams leading out from Manila” to prevent the disease
from spreading to the provinces, but it did so, anyway. It was likely brought along with them by people who slipped
quarantine by riding bancas or crossed fields instead of using roads to get out of Manila.
On 24 May, the first case of cholera infection in Batangas was confirmed in the town of Bauan. Before long, the
disease started to spread. By July, cases were confirmed in the towns of Balayan, Batangas, Lipa, Taal, Lemery,
Ibaan, San Juan de Bocboc, Tanauan and San Jose.
By 1 September, 3,093 people had been afflicted; and of this number, a total of 2,340 would die for a staggering
75% mortality rate. These were just the cases that were officially reported and recorded.
How the cholera spread so swiftly was likely due to a number of factors. First, there was a “scarcity of doctors in the
province6” which, in turn, made diagnosis and treatment not just of cholera difficult. Sanitary conditions were also
understandably poor by present-day standards, and water for drinking and personal hygiene was fetched in many
cases from open wells or rivers. In fact, when the Americans first tried to control the disease in Manila by
distributing distilled water, many among the uneducated suspected that they were being poisoned.
When the first case of cholera was confirmed in Batangas, it had been just a month or so since Batangueños were
allowed to return to their homes from the concentration camps, where they were forced to live by the United States
Army since December of the previous year. The forced concentration was a tactical move to prevent the civilian
population from supporting the guerrilla efforts of General Miguel Malvar’s forces.
After studying burial records in the towns of Lipa and Batangas, the historian Glenn A. May conjectured that “the
zones (i.e. concentration camps) were unhealthy places to live (in) and that the number of deaths was extraordinarily
high during the months of concentration.”
In other words, the general state of health among Batangueños after their release from the concentration camps
would have been poor, particularly in the face of a raging pandemic. This state of poor health would have continued
even after the end of concentration because farms upon which families depended for subsistence had been neglected
while people were in the camps. There would have been food shortages.
While the disease raged, the Board of Health decreed that no funeral services over the dead would be allowed in the
churches of Batangas as a precaution against its spread. As a workaround, church services were held without the
bodies of the deceased, which were often sent straight to the cemetery for burial.
In time, measures undertaken by the Board of Health would result in a decline of the disease’s spread. Among
others, these included an educational campaign about how to avoid becoming infected by the disease; the
distribution of free distilled water; a ban on the sale of food items deemed likely to carry the disease; and the
quarantine of infected localities.
Overall, however, by the time the Board of Health declared that the disease had disappeared from Luzon in 1904, in
Batangas the final number of reported cases was 3,433 with 2,718 deaths. The mortality rate was a staggering 79%.
There would be more outbreaks of the disease in the country in the coming years, but certainly not of the same scale
as the pandemic that raged from 1902-1904.
Source:
Report of the cholera epidemic in the Philippines. Medical Record 1866-1922; New York Vol 63 Issue 9 ( Feb 28,
1903): 345. https://search.proquest.com/openview/2efc2a69c0749409c1aba9c8013b7dbe/1?pq-
origsite=gscholar&cbl=40146
Ileto, R. (2017). Cholera and the origins of the American sanitary order in the Philippines. Imperial medicine and
indigenous societies. Manchester University Press https://opinion.inquirer.net/128605/cholera-killed-100000-in-
1902-04#ixzz6Tx1daWw5 Batangas: History, Culture and Folklore: Report of the Cholera Epidemic in the
Philippines

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GE 4

  • 1. COLEGIO DE SANTA CATALINA DE ALEJANDRIA DUMAGUETE CITY GENERAL EDUCATION 4 READINGS IN THE PHILIPPINE HISTORY MODULE 3 LEARNING OUTCOMES: 1. Examine the contents of the act of declaration Learning Activity1 1. What does the document want to convey? 2. How did the revolutionaries regard Aguinaldo based on the document? 3. According to the document, what do the symbols in the Philippine flag represent? 4. How did the Filipinos regard the United States according to the document? 5. What is the importance of this document in the history of our country? Act of Declaration of Philippine Independence Source: Declaration of Philippine Independence.” In The Laws of the First Philippine Republic (The Laws of Malolos), edited by Sulpicio Guevara, 203-206. Manila: National Historical Commission, 1972.
  • 2. 1899 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES (MALOLOS CONVENTION)  Learning outcomes: 1. Examine the contents of the Malolos Constitution 2. Appraise the prevailing conditions when the first constitution was made 3. Sort significant provisions that still remain in the present constitution of the Philippines Learning Activity 2 1. How does the Malolos Constitution define sovereignty? 2. How did the Malolos Constitution regard independence? 3. What is a republic? Do you think it is the most appropriate form of government for the Philippines? Explain your answer. 4. How should a republic exercise its power based on the Malolos Constitution? 5. Why do you think doe the Malolos Constitution put so much emphasis on the protection and promulgation of the rights of citizens? The President of the Council, Apolinario Mabini. 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 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.
  • 3. 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. Except 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.
  • 4. 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 shallbe 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.
  • 5. 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 Justic e. 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.
  • 6. 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, upo 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.
  • 7. 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 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, shalllast 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. Source: https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/ Treaty of Peace between the United States of America and the Kingdom of Spain (Treaty of Paris) Signed in Paris, 10 December 1898 By the President of the United States of America Learning Outcomes 1. Analyze the provisions of the Treaty of Paris 2. Explain the role of the United States of America on the liberation of the Philippines from the Spanish colonization Learning Activity3 Of the seventeen (17) articles of the Treaty of Paris, select one (1) article which you think is favorable to the people of the Philippines. Select another one (1) article which you think is unfavorable to the people of the Philippines. Explain each of them. A Proclamation Whereas, a Treaty of Peace between the United States of America and Her Majesty the Queen Regent of Spain, in the name of her August Son, Don Alfonso XIII, was concluded and signed by their respective plenipotentiaries at Paris on the tenth day of December, 1898, the original of which Convention being in the English and Spanish languages, is word for word as follows: 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,
  • 8. DON JOSE DE GARNICA, Deputy to 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 Divisions; Who, having assembled in Paris, and having exchange 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 claims of sovereignty over and title in Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long 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) degrees 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 degree and forty five minutes north latitude, thence along the parallel of four degrees and forty five minutes north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes east of Greenwich. 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 sports 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. 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 calibers, 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. 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. 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. The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article. ARTICLE VIII And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, cannot 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 achieves of the Peninsula. Where any document in such achieves 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 achieves 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 achieves and records, executives as well as judicial, in the island above referred to, which relate to said islands or the rights and property of their inhabitants.
  • 9. ARTICLE IX 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. Judgements 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 rights 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 judgements should be carried out. 2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgement before the court in which they may then be pending or in the court that may be substituted there for. 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 judgement; but, such judgement 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, in 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 shall have the power to establish consular officers in the sports 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 coast wide trade. This article may at any time be terminated on six months’ notice given by their Government to the other. 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 the termination of such occupancy, advice any Government established in the island to assume the same obligations. ARTICLE XVII The president 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. Now, therefore, be it known that I, William McKinley, President of United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. Source: https://www.officialgazette.gov.ph/1898/12/10/treaty-of-peace-between-the-united-states-of-america-and-the- kingdom-of-spain-treaty-of-paris-signed-in-paris-december-10-1898
  • 10. Convention between the United States of America and Great Britain Delimiting the Boundary between the Philippine Archipelago and the State of North Borneo {1930} BY THE PRESIDENT OF THE UNITED STATES OF AMERICA Learning Outcomes:  1. Analyze the provisions of this convention Discuss the matters of delineation between the Philippines and North Borneo Learning Activity 4 China has been very aggressive in its claim of most parts of the South China Sea or the West Philippine Sea. How would you use this Convention between the United States of America and Great Britain Delimiting the Boundary between the Philippine Archipelago and the State of North Borneo {1930} as a counter evidence of the Philippines in defending its territory and sovereignty? A PROCLAMATION Whereas a convention between the United States of America and his Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, delimiting definitely the boundary between the Philippine Archipelago (the territory acquired by the United States of America by virtue of the treaties of December 10, 1898, and November 7, 1900, with her Majesty the Queen Regent of Spain) and the State of North Borneo which is under British protection, was concluded and signed by their respective Plenipotentiaries at Washington on the second day of January, one thousand nine hundred and thirty, the original of which convention is word as follows: The President of the United States of America and His Majesty the King of Great Britain, Ireland and the British, Dominions beyond the Seas, Emperor of India, December 10, 1898, and November 7, 1900 with Her Majesty Queen Regent of Spain) and the State of North Borneo which is under British Protection, Have resolve to conclude a Convention for that purpose and have appointed as their plenipotentiaries: The President of the United States of America, Henry L. Stimson, Secretary of State of the United States; and His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, For Great Britain and Northern Ireland: The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O., His Majesty’s Ambassador Extraordinary and Plenipotentiary at Washington; Who, having communicated to each other their respective full powers found a good and due form have agreed upon and concluded the following Articles: ARTICLE I It is hereby agreed and declared that the line separating the islands belonging to the Philippine Archipelago on the one hand and the islands belonging to the State of North Borneo which is under British protection on the other hand shall be and is hereby established as follows: Hence, due north along the meridian of longitude one hundred nineteen degrees east of Greenwich to its with the parallel of four degrees forty-two minutes north latitude; thence in a straight line approximately true passing between Little Bakkungaan Island and Great Bakkungaan Island to the intersection of the parallel of six degrees seventeen minutes north latitude and the meridian of longitude one hundred seventeen degrees fifty-eight minutes east of Greenwich; the latter point being on the boundary defined by the Treaty between the United States of America and Spain signed at Paris, December 10, 1898. ARTICLE II The line described above has been indicated on Charts Nos. 4707 and 4720, published by the United States Coast and Geodetic Survey, corrected to July 24, 1929, portions of both charts so marked being attached to this treaty and made a part thereof. It is agreed that if more accurate surveying and mapping of North Borneo. The Philippine Islands and intervening islands shall in the future show that the line described above does not pass between Little Bakkungaan and Great Bakkungaan Islands, substantially as indicated on Chart No. 4720. Mangsee Great Reef as indicated on Chart No. 4720, the boundary shall be understood to be defined in that areas as a straight line drawn from the intersection of the parallel of north latitude and the meridian of longitude of east Greenwich, passing through Mangsee Channel as indicated on attached Chart No. 4720 to a point on the parallel of north latitude.
  • 11. ARTICLE III All island to the north and east of the said line and all islands and rocks traversed by the said line, should there be any such, shall belong to the Philippine Archipelago and all islands to the south and west of the said line shall belong to the State of North Borneo. ARTICLE IV North Borneo on the other hand in consequence of the establishment of the line fixed by the preceding articles of the present Convention. In the event of either High Contracting Party ceding, selling, leasing, or transferring any of the islands in question to a third party provision shall be made for the continued application to such island of the aforementioned Article 19 of the Treaty between the United States of America, the British Empire, France, Italy and Japan limiting naval armament, signed at Washington on February 6, 1922, provided that Treaty is still in force at the time of such cession, sale, lease or transfer. ARTICLE V The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and shall come into force on the exchange of the acts of ratification which shall take place at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed there to their respective seals. Done in duplicate at Washington the second day of January in the year of our Lord one thousand nine hundred and thirty. Now, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this fifteenth day of December in the year of our Lord one thousand nine hundred and thirty-two, and of the Independence of the United States of America the one hundred and fifty-seventh. HERBERT HOOVER By the President: ZENRY L. STIMSON. Secretary of State National Territory {Document No. 19:3} Source: https://www.officialgazette.gov.ph/1932/12/15/convention-between-the-united-states-of-america-and- great-britain-delimiting-the-boundary-between-the-philippine-archipelago-and-the-state-of- Minutes of the Proceedings on the National Territory of the 1971 Constitutional Convention Learning outcomes: 1. Examine the contents of the minutes of the proceedings on the national territory of the 1971 constitutional convention 2. Define national territory 3. Justify claims of the Philippines in its territorial jurisdiction Learning Activity 5 1. How did the 1972 constitutional convention finally define national territory? 2. Can we use this document to argue the claim of rights of the Philippines over the islands being claimed by China? Why or why not? Minutes of the Session Friday, February 11, 1972 1. At 8 a.m. President Diosdado Macapagalcalled the session to order. 2. Delegate Fernando Bautista led the singing of the National Anthem. 3. Delegate Benjamin R. Abubakar delivered the invocation.
  • 12. SUSPENSION OF SESSION 4. The session was suspended at 8:05 a.m. RESUMPTION OF SESSION 5. The session was resumed at 9:30 a.m. DECLARATION OF QUOROM 6. Two hundred ninety-eight (298) Delegates were recorded present. The following were recorded absent. Delegate Damian Aldaba Delegate Jaime C. Opinion Delegate Sonia S. Aldeguer Delegate Melchor G. Padua Jr. Delegate Jose D. Calderon Delegate Rolando C. Piit Delegate Mary Rose J. Ezpeleta Delegate Gil G. Puyat Jr. Delegate Carlos Ledesma Delegate Juanito R. Remulla Delegate Juan A. Lucas Luna Delegate Luis D. Santos Delegate Jose P. Marcelo Delegate Jose A. Yulo Jr. Delegate Jacinto Montilla Upon certification of the secretary,the Chair declared the existence of a quorum. 7. Floor Leader Carlos J. Valdes moved to defer consideration of item on the agenda (continuation of consideration of committee Report No. 1 of the committee on Preamble and National Identity). There being no objection, the motion was approved. 8. Floor Leader Valdes recommended that Committee Reports Nos. 1 and 2 of the Committee of the National Territory be considered, and asked that delegate Eduardo Quintero, Committee Chairman, be recognized. 8.1 Upon recognition by the chair, Delegate Quintero stated that his committee was sponsoring the inclusion of the following article on national territory in the new constitution: ARTICLE 1 The National Territory SECTION 1. The National Territory of the Philippines shall be the archipelago of the name, the historic home of the Filipino people from its beginnings, whose boundaries are set forth in article III of the Treaty of Paris concluded between the United States and Spain on the tenth day of December,eighteen hundred and ninety-eight, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and in the convention concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all other territories over which the Government of the Philippines has been exercising jurisdiction or over which it has a right. SECTION 2. All the waters around, between and connecting the various islands of the Philippines archipelago, irrespective of their widths or dimensions, are considered necessary appurtenances of the Land territory, forming part of the inland or internal waters of the Philippines. SECTION 3. All the waters beyond the outermost islands of archipelago within the boundaries set forth in the treaties and convention mentioned in section one hereof comprises the territorial sea of the Philippines. SECTION 4. The sovereignty of the Philippines extends, beyond its land territory and its internal waters,to a belt adjacent to its coast,described as the territorial sea. Said sovereignty also extends over the air space above its land areas,its internal waters and territorial sea as to its land areas,its seabed and subsoil. SECTION 5. The National Assembly shall define the control that the Philippines will exercise in the contiguous zone and in the superjacent waters of the continental shelf. He suggested that the panel of sponsors first be allowed to present the stand of the committee before interpellations were entertained. SUSPENSION OF SESSION 9. The session was suspended at 9:50 a.m. RESUMPTI OF SESSION 10. The session was resumed at 9:53 a.m. 11. Delegate Quintero proceeded to define the following terms: archipelago, high seas,territorial sea and inland waters. 12. Delegate Custodio A. Villalva pointed out the erroneous technical description of Philippines territory in article III of the Treaty of Paris of December 10, 1898 which was adopted in article I of the present constitution. He stated that the treaty fixed the northern boundary along the 20th north latitude, thus excluding Batanes. Citing historical facts,he said that Batanes has been a part of the Philippines since the Spanish and American regimes. He then recommended the approval of section 1 of the committee report. 12.1 Delegate E. Voltaire Garcia II suggested the deletion of the article, arguing that international laws should govern delimitation of the national territory.
  • 13. ADJOURNMENT OF SESSION 13. Upon motion floor Leader Valdes,the session was adjourned until 9 a.m. the following day. It was 10:58 a.m. I hereby certify to the correctness of the foregoing. (Sgd.) JOSE V. ABUEVA Secretary FLOOR LEADERS: HON. ESTANISLAO A. FERNANDEZ HON. FIDEL P. PURISIMA HON. CARLOS J. VALDES Minutes of the session February 17, 1972 **** 8. Floor Leader Garcia (J.) announced the next item on the agenda (consideration of the revised draft article on national territory), and asked that delegate Eduardo Quintero, Chairman of the Committee on National Territory, be recognized. 8.1 Upon recognition by the Chair, Delegate Quintero presented the revised draft article and read the names of authors of various amendments incorporated therein. He then moved for its approval, reading as follows: ARTICLE 1 The National Territory THE NATIONAL TERRITORY CONSISTS OF THE PHILIPPINE ARCHIPELAGO,WHICH IS THE ANCESTRAL HOME OF THE FILIPINO PEOPLE,AND WHICH IS COMPOSED OF ALL THE ISLANDS AND WATERS EMBRACED THEREIN,AND ALL OTHER TERRITORIES BELONGINGTO THE PHILIPPINES BY HISTORIC RIGHT OR LEGAL TITLE INCLUDINGTHE TERRITORIAL SEA,THE AIR SPACE,THE SUBSOIL,THE SEA- BED, THE CONTINENTAL SHELF AND OTHER SUBMARINE AREAS OVERWHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION. THE WATERS AROUND,BETWEEN AND CONNECTINGTHE ISLANDS OF THE ARCHIPELAGO, IRRESPECTIVE OF THEIR BREADTH AND DIMENSIONS,FORM PART OF THE INTERNAL WATERS OF THE PHILIPPINES. 8.2 Interpolating, Delegate Felixberto M. Serrano suggested that CONSISTS in Line 1 called for an enumeration, and that WATERS AROUND in Line 11 was ambiguous. Delegate Quintero explained that the points brought up could be taken care of by the Committee on style. 8.3 Delegate Emmannuel T. Santos explained that the continental shelf, continental slope, and continental rise would constitute the continental margin implied in the term OTHER SUBMARINE AREAS in Line 9. 8.4 Delegate Pedro G. Exmundo inquired if HISTORIC RIGHT in Line 6 referred to all the territories ceded by Spain to the United State under the Treaty of Paris. Delegate Quintero replied on the affirmative. 8.5 Delegate Anacleto D. Badoy Jr. observed that the word BELONGINGwould not provide for future territorial acquisitions, and suggested the phrase ALL WATERS WITHIN THE TERRITORIAL BOUNDARIES instead of ‘’waters around’’ in Line 11. Delegate Quintero replied that the Committee on style could consider the matter. 8.6 Noting the absence of an explanatory note to the revised draft, Delegate Antonio R. Tupaz moved that the records of the Committee proceedings during revision of the draft be included in the journal. The Chair suggested that the motion be made at the proper time. Delegate Tupaz (A.) obliged. 8.7 Delegate Pedro O. Valdez asked if the words SUBSOIL and SEA-BED included mineral and marine resources. Speaking in behalf of the Committee, Delegate Justino P. Hermoso replied in the affirmative. 8.8 Delegate Midpantao L. Adil observed that the Sulu archipelago should be properly defined in the article. 8.9 Delegate Manuel A. Concordia inquired if the revised draft implied the acquisition of territory through purchase. Delegate Quintero replied in the affirmative. 8.10 Delegate Roseller T. lim proposed that the term PHILIPPINE ARCHIPELAGO be legally defined in the article. Delegate Quintero explained that the Committee had decided to avoid any mention of treaties between powers which colonized the Philippines. 8.11 Delegate Rebeck Espiritu suggested that national territory be defined simply in terms of land, interval waters,and territorial sea to avoid redundancy. Delegate Hermoso explained that the definition was comprehensive in order to emphasize the multi-dimensional nature of the territory. 8.12 Delegate Victor de la Serna inquired if BELONGING TO THE PHILIPPINES BY HISTORIC RIGHT OR LEGAL TITLE in lines 5 and 6, implied that the country was already asserting its sovereignty over disputed territories. Delegate Quintero replied in the negative.
  • 14. 9. Delegate Samuel C. Occeña moved for the previous question. Submitted to a vote, the motion was approved, 119 to 4. 10. Delegate Rogelio E. panotes inquired if the draft was still open to perfecting amendments. The Chair was replied in the negative. 10.1 Citing Section 7, Rule V, Part III of the Rules, Delegate Panotes pointed out that amendments were in order after the main debate. The Chair ruled that a motion for the previous question could be made at any time, and that once approved, such motion would end debate. 11. Delegate Rodolfo A. Ortiz requested that his remarks on the draft be inserted in the journal of the Convention. The request was granted. 12. Delegate Badoy moved for reconsideration of the vote on the motion for the previous question. Submittedtoa vote, the motionwaslost,49 to 80. 13. Delegate Padua (C.) requested that his interpretation of the territorial sea be inserted in the Journal. The request was granted. 13.1. Rising on a point of order, Delegate Aquilino Pimentel Jr. said that the body should be informed of the nature of documents being made part of the Journal. Whereupon, the Chair asked Delegate Padua (C.) to withdraw his request temporarily. Delegate Padua (C.) obliged. 13.2. Delegate Quintero commented that the Padua (C.) interpretation differed from that of the Committee. 14. Delegate Ernesto R. Rondon pointed out that voting on the draft before amendments were discussed on the floor would be irregular. The Chair replied that the Committee had already considered amendments and that a motion for the previous question had been approved. 14.1. Delegate Rondon appealed from the ruling of the Chair. Submitted to a vote, the appeal was lost. 15. Delegate Panotes inquired what would happen to the draft if it were rejected by the body. The Chair replied that the matter could be taken up at the proper time. 16. Upon direction by the Chair, the Secretary read the draft of Article I for voting. It was approved, 177 to 14. SUSPENSION OF SESSION 17. The session was suspended at 5:29 p.m. RESUMPTION OF SESSION 18. The session was resumed at 5:44 p.m. 19. Delegate Tupaz (A.) moved that the minutes of the Committee deliberations on the draft be inserted in the Journal. There being no objection, the motion was approved. 20. Delegate Padua (C.) reiterated his request that his discussion on the territorial sea be inserted in the Journal. It was granted. 21. Delegate Raul S. Roco, Chairman of the Committee on Declaration of principles and Ideologies, asked that his statements in reply to newspaper criticism of the draft article on the declaration of principles be inserted in the Journal. The request was granted. 22. Delegate Lim (R.) moved to suspend the Rules, and asked that he be allowed to explain his motion. SUSPENSION OF SESSION 23. The session was resumed at 5:56 p.m. RESUMPTION OF SESSION 24. The session was resumed at 6:09 p.m. 25. Delegate Lim (R.) explained that Rules on the presentation of motions for the previous question needed amendment so that such motions could not be used to cut debates short. He pointed out that the presentation of amendments on the floor was vital and should not be disregard merely to expedite proceedings. 25.1. Delegate Natalio B. Bacalso suggested that motions for the previous question be presented only after all amendments were disposed of. 25.2. The Chair declared that the observations of Delegates Lim (R.) and Bacalso would be referred to the Committee on Legal Affairs for proper action. 26. Delegate Augusto T. Kalaw suggested that nominal voting should be held on the second reading of constitutional proposals since it was more crucial that the vote on third reading. 26.1. The Chair stated that the Rules made nominal voting mandatory on third reading, but discretionary on second reading. 26.2. Delegate Kalaw requested that his observations on nominal voting he referred to the Committee on Legal Affairs. The request was granted. 27. Delegate Jose Y. Feria moved for reconsideration of the approval of the draft article on national territory. SUSPENSION OF SESSION 28. The session was suspended at 6:29 p.m. RESUMPTION OF SESSION 29. The session was resumed at 6:35 p.m. 30. Delegate Feria withdraw his motion. 31. Delegate Ramon A. Diaz, Chairman of the Steering Council, presented the draft article on civil service, as prepared by the Committee on Civil Service and consolidated by the Council, and asked that Delegate Numeriano . Tanopo Jr., Chairman of the Committee on Civil Service, be recognize for sponsor the draft. 31.1. Delegate Tanopo submitted for consideration and approval the draft article on civil service. He stated that Delegate Alfredo J. Lagamon would be the first sponsor.
  • 15. 31.2. Deploring the state of the civil servi, Delegate Lagamon stressed the need to upgrade it through the proposals recommended by the Committee. He emphasized that the civil sevice must meet the demands of the time. ADJOURNMENT OF SESSION 32. Upon motion of Floor Leader Garcia (J.) the session was adjourned until 8 a.m. the following day. It was 7 p.m. I hereby certify to the correctness of the foregoing. (Sgd.) JOSE V. ABUEVA Secretary FLOOR LEADERS: HON. EDMUNDO B. CEA HON. JESUS GARCIA HON. ANTONIO D. OLMEDO Source: 1971 Constitutional Convention Records: Records of the Session, Vol. VI, February 1972 Report of the Cholera Epidemic in the Philippines Learning Outcomes: 1. Recognize the experience of epidemic in the history of the Philippines 2. Create strategies to develop resilience from pandemics 3. Visualize the scenario of the early Filipinos who struggled for survival fromthe infection of the disease. Learning Activity 6 Given the current situation, using the table below, compare the scenarios of both cholera epidemic in 1902 and the COVID-19 in the Philippines in terms of: a) The numberof personsinfected(asof the real time forCOVID-19) b) Speedof spreadof infection c) Effectto the economy d) Effectto the social activitiesof the people e) Strategiesof the governmenttoaddressthe situation Indicators 1902 Cholera Pandemic Covid 19-Pandemic The numberof personsinfected(as of the real time) Speed of spread of infection Effect to the economy Effect to the social activities of the people Strategies of the government to address the situation
  • 16. The 1899-1902 war of resistance and the 1902-1904 cholera epidemic belong to two distinct series in Philippine historiography. The fight against the cholera of 1902-1904 has been represented as a drama whose theme is American heroism and medico-sanitary skill. Cholera was introduced into the Mariquina valley east of Manila by troops sent to guard against infection of the Manila water supply. Cholera claimed its victims from all levels of society, including American soldiers and residents, prominent Filipinos, Chinese, and Spaniards. Developments in nineteenth-century medicine contributed to the convergence of colonial warfare and disease control. In March 1902, it was the fourth year of the Philippine-American War. Many towns in Luzon, hamletted by the Americans, suffered from famine. In Isabela, Emilio Aguinaldo would soon be captured. In Batangas, Miguel Malvar felt forced to surrender soon, so that rice could be planted in May. To top it all, cholera arrived. “For the inhabitants of the war-torn areas, it was ultimately a choice between dying of hunger or dying of cholera,” wrote historian Reynaldo C. Ileto. “In March 1902 a vessel from Hongkong arrived in Manila carrying cholera. Soon after, the first cases of cholera surfaced. Cholera was impossible to contain because the Filipinos and even the American troops themselves moved around carrying the bacteria. Cholera was not selective; it claimed as victims people from different strata of society and ethnicity—elite, masses, Filipinos, Americans, Spaniards and Chinese. But the lower classes were the hardest hit, especially in certain districts in Manila, because of the ‘overcrowding, poor sanitation, and poor diet.’ By the time the epidemic ended, about 109,461 died, 4,386 of which were in Manila… “[T]he cholera epidemic gave way to what Ileto calls ‘germ warfare,’ another stage of the Philippine-American War. During this time, military surgeons became the next wave of ‘pacifiers’ after the cavalrymen and troops. Searches and surveillance were conducted among Filipino homes to ferret out the sick and quarantine them. The Filipino response was concealment and evasion since they refused to part with their sick family members. “Within the cholera combat zone, colonial officials prohibited gatherings of people in places considered conducive to the spread of cholera like churches and cockpits. Officials also resorted to burning the houses of cholera victims and even gathering places like the town market. By cremating cholera casualties, they elicited further resistance and hatred among Filipinos whose religious practices demanded proper burial.
  • 17. Ileto notes that powerful drugs, strict quarantine, and cremation of the dead did not end cholera. Rather, it was the combination of the heavy rains and the increasing immunity of the populace that caused the epidemic to subside. The Deadly 1902 Cholera Epidemic in the Philippines, with Special Interest on Its Consequences in Batangas The disease cholera is an infection of the small intestines that leads to diarrhea, vomiting and muscle cramps. It is caused by a bacterium called vibrio cholera that can be transmitted by unsanitary water or food. Persons infected with the disease may suffer severe dehydration and electrolyte imbalance, which may, in turn, result into death. The mortality rate for the disease is anything from 5% to 50%, depending on the availability of treatment. Occasionally, cholera epidemics worldwide reach pandemic levels, i.e. spread over a large region, multiple continents or even worldwide. The first pandemic to reach the Philippines was the one of 1852-1860, during the Spanish era. There were passing references to this in the barrio histories of Batangas called Historical Data, so we know that the pandemic affected the province as well. There is more available documentation on the sixth global pandemic which raged through the Philippines, including Batangas, from 1902-1904; and it is to this that we now devote our attention. On 8 March 1902, American health officials in the Philippines received word that a strain of Asiatic cholera had appeared in Guangzhou, China; and that five days later it was also reported in Hong Kong. By 19 March, the chief quarantine officer issued an order “forbidding the importation” of vegetables as well as a directive to health officials to “be on the lookout for persons suffering from bowel trouble of a suspicious character.”
  • 18. Despite these measures, the cholera somehow managed to slip through. The following day the Board of Health was informed by the San Juan de Dios Hospital that two patients were exhibiting symptoms of Asiatic cholera. By 22 March, the presence of the disease was confirmed. Despite efforts by American officials to contain the spread of the disease, before long it did so, in communities along the Pasig River, including Manila. Quarantine guards were stationed “on all roads, paths and streams leading out from Manila” to prevent the disease from spreading to the provinces, but it did so, anyway. It was likely brought along with them by people who slipped quarantine by riding bancas or crossed fields instead of using roads to get out of Manila. On 24 May, the first case of cholera infection in Batangas was confirmed in the town of Bauan. Before long, the disease started to spread. By July, cases were confirmed in the towns of Balayan, Batangas, Lipa, Taal, Lemery, Ibaan, San Juan de Bocboc, Tanauan and San Jose. By 1 September, 3,093 people had been afflicted; and of this number, a total of 2,340 would die for a staggering 75% mortality rate. These were just the cases that were officially reported and recorded. How the cholera spread so swiftly was likely due to a number of factors. First, there was a “scarcity of doctors in the province6” which, in turn, made diagnosis and treatment not just of cholera difficult. Sanitary conditions were also understandably poor by present-day standards, and water for drinking and personal hygiene was fetched in many cases from open wells or rivers. In fact, when the Americans first tried to control the disease in Manila by distributing distilled water, many among the uneducated suspected that they were being poisoned. When the first case of cholera was confirmed in Batangas, it had been just a month or so since Batangueños were allowed to return to their homes from the concentration camps, where they were forced to live by the United States Army since December of the previous year. The forced concentration was a tactical move to prevent the civilian population from supporting the guerrilla efforts of General Miguel Malvar’s forces. After studying burial records in the towns of Lipa and Batangas, the historian Glenn A. May conjectured that “the zones (i.e. concentration camps) were unhealthy places to live (in) and that the number of deaths was extraordinarily high during the months of concentration.” In other words, the general state of health among Batangueños after their release from the concentration camps would have been poor, particularly in the face of a raging pandemic. This state of poor health would have continued even after the end of concentration because farms upon which families depended for subsistence had been neglected while people were in the camps. There would have been food shortages. While the disease raged, the Board of Health decreed that no funeral services over the dead would be allowed in the churches of Batangas as a precaution against its spread. As a workaround, church services were held without the bodies of the deceased, which were often sent straight to the cemetery for burial. In time, measures undertaken by the Board of Health would result in a decline of the disease’s spread. Among others, these included an educational campaign about how to avoid becoming infected by the disease; the distribution of free distilled water; a ban on the sale of food items deemed likely to carry the disease; and the quarantine of infected localities. Overall, however, by the time the Board of Health declared that the disease had disappeared from Luzon in 1904, in Batangas the final number of reported cases was 3,433 with 2,718 deaths. The mortality rate was a staggering 79%. There would be more outbreaks of the disease in the country in the coming years, but certainly not of the same scale as the pandemic that raged from 1902-1904. Source: Report of the cholera epidemic in the Philippines. Medical Record 1866-1922; New York Vol 63 Issue 9 ( Feb 28, 1903): 345. https://search.proquest.com/openview/2efc2a69c0749409c1aba9c8013b7dbe/1?pq- origsite=gscholar&cbl=40146 Ileto, R. (2017). Cholera and the origins of the American sanitary order in the Philippines. Imperial medicine and indigenous societies. Manchester University Press https://opinion.inquirer.net/128605/cholera-killed-100000-in- 1902-04#ixzz6Tx1daWw5 Batangas: History, Culture and Folklore: Report of the Cholera Epidemic in the Philippines