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Crucible of the Constitution,
Politics & Finance
ICE
BREAKER
__ __ L __ L __ S
C __ __ S T __ T U __ __ O N
MALOLOS CONSTITUTION
C __ Y __ F
__ A L __ N T A __ __ A K
CRY OF BALINTAWAK
A __ __ L __ N A R __ O
__ A __ I __ I
APOLINARIO MABINI
E __ I L __ O
__ __ U I __ A __ D O
EMILIO AGUINALDO
• Though short-lived, the First Philippine, nonetheless catapulted the Filipino
nation onto the world’s consciousness carving not only a place among the family
of nations but also a distinct niche as the first republic in Asia. While much of the
world was oblivious to its birthing, the First Republic proved that Filipinos were
capable of self-rule and deserved their longed-for freedom after more than 300
years of colonial bondage- a bondage shaken time and again by sporadic revolts,
whose disparateness precluded ultimate victory.
• After the failure of the reformist movement led by Rizal and Del Pilar, Andres
Bonifacio led the 1896-98 Philippine Revolution, culminated with the inauguration
of the Republic on January 23, 1899 at Barasoain Church in Malolos, Bulacan.
Though besieged and eventually thwarted by the United States army, the
Republic had earned the loyalty of the Filipino people and deserved the
recognition of foreign nations.
• Four days later, the Filipino rebels routed the Spaniards
in Alapan, Cavite, a victory celebrated by Aguinaldo with
the first, albeit informal, waving of the National Flag on
Philippine soil. The event pre-empted the May 31st
launching of the second phase of the revolution. By July
1898, the Filipinos liberated the provinces of Cavite,
Laguna, Batangas, Pampanga, most of Bulacan and the
suburbs surrounding Manila.
• Mabini’s plan to establish a grassroots government was
realized towards the latter half of June 1898. Aguinaldo
issued several important decrees reorganizing the
government in the liberated provinces: the decree of
June 18 reorganized municipalities and provinces,
throughthe electionof PopularAssemblies.
• Whose heads the town chiefs then elected the provincial councils. The decree also
provided for the election of delegates to the Revolutionary Congress by the town
chiefs.
• To Mabini, the latter were Aguinaldo’s direct link to the masses and on August 1,
1898, these town officials assembled at Bacoor, then the seat of the Revolutionary
government, and ratified the newly proclaimed Philippine independence.
• For Security reasons the seat of government had to be moved away from the
Americans. Aguinaldo declared Malolos, Bulacan as the new Capital. From Bacoor
to Malolos officially transferred, after five days later Congress was inaugurated in
Barasouin Church on September 15, 1898, to the influence of the member of
congress Felipe Buencamino.
• Not wanting disappoint Congress Aguinaldo listened to them. Aguinaldo instructed
the deligate to write the constitution, Mabini did not expect this because for him the
government in time of revolution did not yet need the legislature so as to hasten
decisions by President without need of congressional approval especially
considering that that no nation yet had recognize the independence and sovereignty
of the Philippines. Congress could no longer be stopped to write the constitution for
it had already formed a committee to do it.
• Being adviser of the President, Mabini blocked the constitution at the office of the
President. When the congress looked for it, he replied that he was studying it. Mabini
deliberately delayed the constitution because aside from being unnecessary, it
focused the congressman for making them more powerful and removing from
Aguinaldo the authority over the entire Philippines. Because of his obstinacy Mabini
called Camera Negra del Presidente or “The darkness in the office of the President
and syphilis allegedly the cause of his paralysis.
The members of the committee studied the 3 constitutional draft for
consideration:
• Mabini Constitutional Plan - Constitutional Program of the Philippine
Republic
• Paterno Constitutional Plan – Based on Spanish Constitution of 1865
• Calderon Constitutional Plan –Constitution based on Belgium, Brazil,
Costa Rica, Guatemala, Mexico & France
• The Committee draft the constitution was constituted by Felipe Calderon
and other members who belong to the Filipino ideologist who posses
intellectual and moral equity. After the Committees deliberation, they
choose Calderon Plan and submitted to Malolos Congress for approval of
the President.
Mabiniobjectionsto Malolos Constitution
• Mabini had no formal political power at the time, counselled Aguinaldo to remind the
delegates in Congress that they did not compose a truly legislative body nor were they
convoked to frame a constitution, that the main function of Congress was to discuss the ways
and means of organizingthe revolutionand collecting funds for its armedforces.
• He reflected that once a constitution was formed, a republic formed, and the government
committed to the independence of the Republic, the Republican government would then never
be able to enter into any form of negotiations with the United States except under the absolute
premise of independence.
• Mabini wanted to give the Revolutionary government enough leeway at that time to negotiate
with American authorities on any basis provided that, besides bringing about the recognition
of the natural right of the Filipinos as well as the general welfare of the country, this would
further avoid the horrors of war. These remarks of Mabini are important, but they can easily
be misunderstood.
• He is struggled hard to have the independence of the Philippines recognized by
other nations especially the United States, but should it prove that this was not
possible and should war become imminent, then he would have been ready to
compromise with the Americans provided they were willing to give Filipinos those
rights to produce that social situation for which the Revolution was initially
launched.
• Mabini did not favour for a public declaration of independence, but he did not object
to later declarations because these simply affirmed what some people wanted.
• He considered independence as the best possible solution to the problems of
bringing about what the reform movement and revolution.
• Apolinario Mabini being the adviser of the President, objected some provision 3 of
this constitution until other member of congress find proper solution
• President Aguinaldo ascending to insert the needed amendment of the document and he
formally promulgated the constitution that embodied the Ideologist belief system and
values of the Filipino people on January29, 1899.
• Thus Mabini resigned as his adviser (Dec, 1898) Pres. Aguinaldo did not accept Mabini’s
resignation instead he accepted Mabini’s criticism of the constitution and read this in
congress on January1, 1899.
• Mabini’s letter (December, 1898): “Now that you have other counsellors allow me to retire.
When you had no one to consult, I worked by your side spite of my sickness. Now that you
do not need me, It is only fair to myself that I should think of my health. As soon as the roads
dry up,I willgo to Sibuland see if I can stillrecover.”
• Needless to say, Aguinaldo’s actuation in the next few weeks demonstrated that he still felt
that he needed Mabini’s wise counsel
• Aguinaldo did not accept Mabini’s resignation instead he accepted his criticism of the
constitution by asserting to insert the needed amendment of the document formally
promulgated constitution that embodied the ideologies belief system and values of the Filipino
people.
• Aguinaldo read the constitution in Congress (1, January 1899), he also changed his Cabinet (2,
January 1899) naming Mabini the Secretary of Foreign Affairs & Chief Minister of the Cabinet.
Mabini accepted these position as Aguinaldo insisted, so that he could have voice in
government.
• In Pres. Aguinaldo speech, He expressed his congratulations to the members of Malolos
congress, armed forces especially to the Filipino people to their cooperative effort, sacrifices
to struggle to gain independence. He said that the aspiration ideas of a resilient ways “to live
under the democratic regime of the Philippine Republic, free from the yoke of any domination”
“Great is this day! Glorious this date and forever memorable this moment in which our beloved
people raised to the theories of independence. On January 2, Pres. Aguinaldo appoint his
Cabinet:
• Apolinario Mabini - President of Cabinet and Secretary of Foreign Affairs
• Teodoro Sandico - Secretary of interior
• Baldomero Aguinaldo - Secretary of War
• Mariano Trias - Secretary of Finance
• Graciano Gonzaga – Secretary of Welfare ( including public instruction, Public works,
Communication, Agriculture & Commerce
The Officers of the congress are the ff:
• Pedro Paterno - President
• Benito Legarda – Vice President
• Gregorio Araneta - 1st Secretary
• Pablo Ocampo - 2nd Secretary
Delegates created the committee of Justice & other different committees:
• Committee on Felicitation
• Committee on Message
• Committee on Internal registration
• Committee on Style
• Committee to draft the constitution
THE MALOLOSCONSTITUTION
Translation by Sulpicio Guevara from the original Spanish text
POLITICAL CONSTITUTION OF THE REPUBLIC
• WE, the Representatives of the Filipino people, lawfully convened, in order to
establish justice, provide for the common defense, promote the general
welfare, and to secure for ourselves the blessings of liberty, imploring the
aid of the Supreme Legislator of the Universe to help us attain these
objectives, have voted, decreed, and sanctioned the following:
TITLEI
THE REPUBLIC
Article1. The political association of all the Filipinos constitutes a nation,
whose states is called the Philippine Republic.
Article2. The Philippine Republic is free and independent
Article3. Sovereignty resides exclusively in the people.
TITLEIi
THE GOVERNMENT
Article4. Government of the Republic is popular, representative, alternative,
and responsible, and shall exercise three (3) distinct powers: namely the
legislative, the executive, and the judicial.
Article5. 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
Article6. The following are Filipinos:
• All persons born in the Philippine territory. A vessel of Philippine registry is considered,
for this purpose, as partof Philippinesterritory.
• Childrenof a Filipino fatherof mother, although bornoutside of the Philippines.
• Foreigners who have obtained certificate of naturalization. Those who, without such
certificate, have acquired a domicile in any town within Philippineterritory.
• 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
contributingto allthe taxes imposed by the Nation.
• The conditionof being a Filipinois lost in accordance with law.
• Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the
commission of crime and in accordance with law.
• Article 8. All persons detained shall be discharged of delivered to the judicial
authority within 24 hours following the act of detention. All detentions without the
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 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 foreigner residing in the Philippines
without his consent, except in urgent cases of fire, inundation, earthquake or other similar danger,
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 foreigner 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 witness’s resident of the same place.
• However, when a criminal caught in frigate should take refuge in his dwelling house, the
authorities in pursuit may enter into it, only for the purpose of making an arrest.
• If the criminal should take refuge in the dwelling house of foreigner, the consent of the latter must
first be obtained.
• Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of
finaljudgment.
• Article 12. In no case may correspondence confined to the post office be detained or opened by
government authorities, nor any telegraphic or telephonic message detained. However, by
virtue of an order a competent court, correspondence may be detained and opened in the
presence of the sender.
• Article 13. All orders of imprisonment, of search of dwelling house, or detention of written
correspondence, telegraph or telephone, must be justified.
When an order lacks this requisite, or when the ground 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 Article 9, whose
correspondence has been detained, shallhave the right to recover damages.
• Article 14. No Filipino shall be prosecuted or sentenced, expert by a judge or court of proper
jurisdiction and according to the procedure prescribedby law.
• Article 15. Expert 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 cause to be executed the illegal detection or imprisonment.
• Article 16. No one shall be temporarily or permanently deprived of rights or disturbed in his
enjoymentthereof,except by virtue of judicial sentence.
The official, 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 authority, and indemnifying
the owner thereof prior to expropriation.
• Article 18. No one shall be obligated 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 prescribedby the law.
• Article 19. No Filipino who is in full enjoyment of his civil and political rights shall be impeded in the
free exercise of said rights.
• Article 20. Neither shall any Filipino be deprived of the right to freely express his ideas or opinions,
orally or in writings, through the use of the press or other similar means of the right of
association for purposes of human life and which are not contrary to public morals; and lastly, of
the right to send petitions to the authorities, individually or collectively.
• The right of petitionshallnotbe exercised throughany kindof armedforce.
• Article 21. The exercise of the right provided for in the proceeding article should be subject to
generalprovisions regulatingthe same.
• Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title,
shallbe punished by the courts in accordance with the laws.
• Article 23. Ant Filipino may establish and maintain institutions of learning, in accordance with
the laws authorizingthem.
• Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions
regulating the matter; may engage in any occupation or professions for the exercise of which
no special license is required by law to be issuedby the national authorities.
• Article25. No Filipinowho is in fullenjoyment of his politicalandcivilrightsshallbe impededin
his rightto travelfreelyabroad of in his rightto transferhis residence or possessionsto
anothercountry, except as to his obligationsto contribute to militaryservice or the
maintenanceof publictaxes.
• Article26. No foreignerwho has not beennaturalizedmay exercise in the Philippines any office
whichcarrieswithit any authorityof jurisdictionalpowers.
• Article27. All Filipinos are obliged to defend his countrywitharms whencalleduponby law, and
to contributeto the expenses of the State in proportionto his means.
• Article28. The prior authorizationto prosecute a public officialin the caseswhichconstitute
apparent andclearviolations of constitutionalprecepts.In others,the agentsof the law shall
onlybe exemptedif they didnot exercisethe authority.
• Article 30. The guaranties 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.
• In no case may the civil or military chief promulgate any penalty other than those previously provided by
law.
• Article31. In the Republicof the Philippines,no one shallbe judged by a speciallawor by special
tribunals.No personor corporationmay enjoy privileges or emoluments which are notin
compensationfor public service renderedand authorized by law.War andmarinelaws shall
applyfor crimesor depicts whichhave intimate relationto militaryor navaldiscipline.
• Article32. No Filipinoshallestablishlaws on primogeniture, norinstitutionsrestrictive of property
rights,noraccepthonors, decorations or honorific titles or nobilityfromforeignnations without
the consentof the Government.
Neithershallthe government establishin the Republic institutionsmentioned in the
precedingparagraph,norconferhonors,decorations or honorific titles and nobilityto any Filipino.
The Nation,however, may rewardby specialapprovedby the Assembly,conspicuous,
servicesrenderedby citizens of the country
• This Constitution was the first document by the people representative
anchor or South Demonstrative Philosophy & Tradition.
• It was designed to protect them against inroadsment in the government or
by any individual or group of individuals its basis was the social important
accorded to their individual in the democratic society that every individual
has the dignity &works which must to respected and safeguard.
• Legislative - make laws, amend laws, approved budget, and discuss public
concern
• Executive - decide on budget, decide on Internal & External Affairs, obtain
Laws, maintain security and defence and discuss drafts and legislations
• Judiciary - Internal laws, enforce laws, make laws
• Malolos Constitution – Symbol of unity, freedom, equality, justice customs &
tradition that reflect the character of a Filipino
MALOLOS: POLITICSANDFINANCE
• THE CRISIS OF THE REPUBLIC
• The story of Bonifacio and the KATIPUNAN
• The presentwork is a painstaking and thorough-
going analysis of the travails of the.Aguinaldo
government during the war with the UNITED STATE.
• Initially, the revolutionarygovernment was
partially fenced by the money received by
Aguinaldo as provided for by the Pact of Biak-na-
bato in 1897.
• Later on, it had to support itself by direct and indirect taxes, income from confiscated Spanish
properties and donations. In order to further stabilize its finances, Benito Legarda, the director
of one of the divisions of the treasury, introduced in October 1898, a bill in congress for the
purpose of floating a National Loan. Congress passed this bill which became a law on
Aguinaldo’s approval on November 26, 1898. The law authorized the government “ to execute for
the Treasury of the nation an interior loan of 20,000,000 pesos to be redeemed in 40 years after
the date of issue. “ It was provided, too, that the subscribers to the loan were to receive six
percent interest annually every six months or even every three months if the situation in the
Treasury warranted it. The government was further authorized “to pledge the property of the
nation as security and issue money of forced circulation of the value of 3,000,000 pesos to be
redeemed in three years..” The date of issue was to commerce on December1,1898.
• THE MEN who set out to control Congress were determined all, to demonstrate that they were
patriots (the one who love and fight for his/her country) And no gesture would have more
visible than their financial aid to the Revolution.Yet the owners of property would not
unnecessarily risk their source of power promulgation of the constitution would have partially
serve as a guarantee.Without this guarantee it became understandable why the patriotism of
some become colder. However, there were those who were determined to offer some financial
supportto the revolution.
• However, there were those willing to offer some financial support to the Revolution provided
by the Revolutionary Government was willing to give something in return. Why Felipe
Buencamino convinced Aguinaldo of urgent necessity of approving the constitution passed by
Congress was that, without the Constitution the NATIONAL LOAN previously passed by
Congressand approvedby Aguinaldo wouldbe frustrated.
• And interpreted as veiled threat that congressional financial support of
the Revolution might be withheld should Aguinaldo not cater fully to the
wishes of the Congress. Buencamino reveals why it was not easy for
Aguinaldo to entirely disregard some of the demands of the Revolutionary
Congress.
FINANCES
• One of the important laws passed by the Malolos Congress was the Law Providing for a
National Loan to buy the national budget in which the republic was trying to balance. The
loan, worth 20 million pesos, was to be paid in 40 years with an annual interest of six
percent.The law was decreedby Aguinaldo on November 30, 1898.
• Aguinaldo foundoutthe technicalities thatmust have perplexed.He stated that:
• The permanent board was divided into 4 sections, each section to assist ostensibly the 4
directors corresponding to the 4 division of the TREASURY DEPARTMENT. Mabini warned
in his letter that ultimately the permanent board would supervise and control all the
transactionsof the Department.
• Mariano Trias as the incumbent secretary of the treasury and man that
could be trusted. Mabini feared that he could be unwittingly made a tool of
the board whose motives were not in any manner obvious to all. Pointing
out that a qualification to become a member of the board was wealth.
• Immediately Aguinaldo wrote a bitter letter apprising him of the possible
motives of the persons composing the permanent board who were
interested in forming a bank and the possible implications of the WHOLE
MATTER on the Revolutionary cause.
(Cryof Balintawak)
• August 1896-members of Katipunan secret society (katipuneros) led by
Andres Bonifacio rose up in revolt somewhere in an area referred to as
Caloocan wider than the Jurisdiction of present day Caloocan City which
may have overlapped into present day Quezon City.
• Cry (sigaw)-referred to the first clash between the katipuneros and the
Guardia Civil.
• -tearing up community tax certificate (cedulaspersonales) in the defiance of
their allegiance to Spain
• -Patriotic Shouts (Viva Independencia Filipina).
• Because of competing accounts and ambiguity of the place where this event took
place,exact date and place of the CRY occurred on August 26 in Balintawak. In 1963
the Philippine government declared a shift to August 23 in PugadLawin in Quezon
City.
• MEETING IN BALINTAWAK (AUGUST 26) was held in Apolonio Samson and also the
cabeza de barangay of Caloocan. Those who attended are Bonifacio, Jacinto,
DelRosario, Remigio, Pantas,Plata, Valenzuela, Pacheco and Carreon leaders of
Katipunan and Board of directors with 500 members.
• REVOLT! The people shouted as one.
• Cedula been destroyed as a sign of severance from the Spaniards. They tore their
cedula certificate and shouted “LONG LIVE THE PHILIPPINES.”
The Cry of PugadLawin
• Mabini expressed the the fear that in the long run those rich ones controlling the Bank and
Treasury would end up controlling the government. Considering that the rich in Manila, in
connivance with one another, will compose this Junta and since, according to my
information, they have been already approach by Paterno, I fear that he will have here
something worse than what we had during Spanish times. For the very reason that the
Treasury is that which sustains you, if you allow it to be entrusted to the rich, you will
certainlycontrol,I would not have any fear because you have jurisdiction overthe Bank.
• Confessing that he did not expect Aguinaldo would have given such concession to the rich
and that the above events would have taken place, Mabini complained that whereas and
othershad work without salaries
• THE RICH might go to extent of asking salaries for themselves. In this case
it is always the rich who will all have the advantages while the soldiers
remain hungry. They will exert pressure on the tenants to pay, the
administrators will pocket part of the revenues and little will go to the
Treasury. As the Revenues will therefore not to be sufficient to amortize the
loan and pay its interest. They will be forced to resort to the proceed of the
cedulaspersonales.
• You will then be left with nothing to pay the soldiers. Finally the tenants and
employees will blame you for everything and the rich will have a good
laugh.
• Characteristically aware of his role in the Revolution Mabini wrote that he was
bringing the above matter to Aguinaldo in order that he would not made “to answer
for a thing that he did not do” regarding the financial imbroglio. Mabini then asked
to retire as adviser.
• He had superior talents, was firm in his convictions and was loyal. He was a great
patriot, honourable, and humble but proud before those with power. He did not
easily change his opinions, especially in politics, and was fearless and firm.
Although he was often stubborn, he would sometimes be temperamental. But
when politics was being discussed, he would always be spirited and found in the
right mood.

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MODULE-5-PPT-Group-1.pptx

  • 1. Crucible of the Constitution, Politics & Finance
  • 3. __ __ L __ L __ S C __ __ S T __ T U __ __ O N MALOLOS CONSTITUTION
  • 4. C __ Y __ F __ A L __ N T A __ __ A K CRY OF BALINTAWAK
  • 5. A __ __ L __ N A R __ O __ A __ I __ I APOLINARIO MABINI
  • 6. E __ I L __ O __ __ U I __ A __ D O EMILIO AGUINALDO
  • 7. • Though short-lived, the First Philippine, nonetheless catapulted the Filipino nation onto the world’s consciousness carving not only a place among the family of nations but also a distinct niche as the first republic in Asia. While much of the world was oblivious to its birthing, the First Republic proved that Filipinos were capable of self-rule and deserved their longed-for freedom after more than 300 years of colonial bondage- a bondage shaken time and again by sporadic revolts, whose disparateness precluded ultimate victory. • After the failure of the reformist movement led by Rizal and Del Pilar, Andres Bonifacio led the 1896-98 Philippine Revolution, culminated with the inauguration of the Republic on January 23, 1899 at Barasoain Church in Malolos, Bulacan. Though besieged and eventually thwarted by the United States army, the Republic had earned the loyalty of the Filipino people and deserved the recognition of foreign nations.
  • 8. • Four days later, the Filipino rebels routed the Spaniards in Alapan, Cavite, a victory celebrated by Aguinaldo with the first, albeit informal, waving of the National Flag on Philippine soil. The event pre-empted the May 31st launching of the second phase of the revolution. By July 1898, the Filipinos liberated the provinces of Cavite, Laguna, Batangas, Pampanga, most of Bulacan and the suburbs surrounding Manila. • Mabini’s plan to establish a grassroots government was realized towards the latter half of June 1898. Aguinaldo issued several important decrees reorganizing the government in the liberated provinces: the decree of June 18 reorganized municipalities and provinces, throughthe electionof PopularAssemblies.
  • 9. • Whose heads the town chiefs then elected the provincial councils. The decree also provided for the election of delegates to the Revolutionary Congress by the town chiefs. • To Mabini, the latter were Aguinaldo’s direct link to the masses and on August 1, 1898, these town officials assembled at Bacoor, then the seat of the Revolutionary government, and ratified the newly proclaimed Philippine independence. • For Security reasons the seat of government had to be moved away from the Americans. Aguinaldo declared Malolos, Bulacan as the new Capital. From Bacoor to Malolos officially transferred, after five days later Congress was inaugurated in Barasouin Church on September 15, 1898, to the influence of the member of congress Felipe Buencamino.
  • 10. • Not wanting disappoint Congress Aguinaldo listened to them. Aguinaldo instructed the deligate to write the constitution, Mabini did not expect this because for him the government in time of revolution did not yet need the legislature so as to hasten decisions by President without need of congressional approval especially considering that that no nation yet had recognize the independence and sovereignty of the Philippines. Congress could no longer be stopped to write the constitution for it had already formed a committee to do it. • Being adviser of the President, Mabini blocked the constitution at the office of the President. When the congress looked for it, he replied that he was studying it. Mabini deliberately delayed the constitution because aside from being unnecessary, it focused the congressman for making them more powerful and removing from Aguinaldo the authority over the entire Philippines. Because of his obstinacy Mabini called Camera Negra del Presidente or “The darkness in the office of the President and syphilis allegedly the cause of his paralysis.
  • 11. The members of the committee studied the 3 constitutional draft for consideration: • Mabini Constitutional Plan - Constitutional Program of the Philippine Republic • Paterno Constitutional Plan – Based on Spanish Constitution of 1865 • Calderon Constitutional Plan –Constitution based on Belgium, Brazil, Costa Rica, Guatemala, Mexico & France • The Committee draft the constitution was constituted by Felipe Calderon and other members who belong to the Filipino ideologist who posses intellectual and moral equity. After the Committees deliberation, they choose Calderon Plan and submitted to Malolos Congress for approval of the President.
  • 12. Mabiniobjectionsto Malolos Constitution • Mabini had no formal political power at the time, counselled Aguinaldo to remind the delegates in Congress that they did not compose a truly legislative body nor were they convoked to frame a constitution, that the main function of Congress was to discuss the ways and means of organizingthe revolutionand collecting funds for its armedforces. • He reflected that once a constitution was formed, a republic formed, and the government committed to the independence of the Republic, the Republican government would then never be able to enter into any form of negotiations with the United States except under the absolute premise of independence. • Mabini wanted to give the Revolutionary government enough leeway at that time to negotiate with American authorities on any basis provided that, besides bringing about the recognition of the natural right of the Filipinos as well as the general welfare of the country, this would further avoid the horrors of war. These remarks of Mabini are important, but they can easily be misunderstood.
  • 13. • He is struggled hard to have the independence of the Philippines recognized by other nations especially the United States, but should it prove that this was not possible and should war become imminent, then he would have been ready to compromise with the Americans provided they were willing to give Filipinos those rights to produce that social situation for which the Revolution was initially launched. • Mabini did not favour for a public declaration of independence, but he did not object to later declarations because these simply affirmed what some people wanted. • He considered independence as the best possible solution to the problems of bringing about what the reform movement and revolution. • Apolinario Mabini being the adviser of the President, objected some provision 3 of this constitution until other member of congress find proper solution
  • 14. • President Aguinaldo ascending to insert the needed amendment of the document and he formally promulgated the constitution that embodied the Ideologist belief system and values of the Filipino people on January29, 1899. • Thus Mabini resigned as his adviser (Dec, 1898) Pres. Aguinaldo did not accept Mabini’s resignation instead he accepted Mabini’s criticism of the constitution and read this in congress on January1, 1899. • Mabini’s letter (December, 1898): “Now that you have other counsellors allow me to retire. When you had no one to consult, I worked by your side spite of my sickness. Now that you do not need me, It is only fair to myself that I should think of my health. As soon as the roads dry up,I willgo to Sibuland see if I can stillrecover.” • Needless to say, Aguinaldo’s actuation in the next few weeks demonstrated that he still felt that he needed Mabini’s wise counsel
  • 15. • Aguinaldo did not accept Mabini’s resignation instead he accepted his criticism of the constitution by asserting to insert the needed amendment of the document formally promulgated constitution that embodied the ideologies belief system and values of the Filipino people. • Aguinaldo read the constitution in Congress (1, January 1899), he also changed his Cabinet (2, January 1899) naming Mabini the Secretary of Foreign Affairs & Chief Minister of the Cabinet. Mabini accepted these position as Aguinaldo insisted, so that he could have voice in government. • In Pres. Aguinaldo speech, He expressed his congratulations to the members of Malolos congress, armed forces especially to the Filipino people to their cooperative effort, sacrifices to struggle to gain independence. He said that the aspiration ideas of a resilient ways “to live under the democratic regime of the Philippine Republic, free from the yoke of any domination” “Great is this day! Glorious this date and forever memorable this moment in which our beloved people raised to the theories of independence. On January 2, Pres. Aguinaldo appoint his Cabinet:
  • 16. • Apolinario Mabini - President of Cabinet and Secretary of Foreign Affairs • Teodoro Sandico - Secretary of interior • Baldomero Aguinaldo - Secretary of War • Mariano Trias - Secretary of Finance • Graciano Gonzaga – Secretary of Welfare ( including public instruction, Public works, Communication, Agriculture & Commerce The Officers of the congress are the ff: • Pedro Paterno - President • Benito Legarda – Vice President • Gregorio Araneta - 1st Secretary • Pablo Ocampo - 2nd Secretary Delegates created the committee of Justice & other different committees: • Committee on Felicitation • Committee on Message • Committee on Internal registration • Committee on Style • Committee to draft the constitution
  • 17. THE MALOLOSCONSTITUTION Translation by Sulpicio Guevara from the original Spanish text POLITICAL CONSTITUTION OF THE REPUBLIC • WE, the Representatives of the Filipino people, lawfully convened, in order to establish justice, provide for the common defense, promote the general welfare, and to secure for ourselves the blessings of liberty, imploring the aid of the Supreme Legislator of the Universe to help us attain these objectives, have voted, decreed, and sanctioned the following:
  • 18. TITLEI THE REPUBLIC Article1. The political association of all the Filipinos constitutes a nation, whose states is called the Philippine Republic. Article2. The Philippine Republic is free and independent Article3. Sovereignty resides exclusively in the people.
  • 19. TITLEIi THE GOVERNMENT Article4. Government of the Republic is popular, representative, alternative, and responsible, and shall exercise three (3) distinct powers: namely the legislative, the executive, and the judicial. Article5. The State recognizes the freedom and equality of all religions, as well as the separation of the Church and the State
  • 20. TITLE Iv THE FILIPINOS AND THEIR NATIONAL AND INDIVIDUAL RIGHTS Article6. The following are Filipinos: • All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this purpose, as partof Philippinesterritory. • Childrenof a Filipino fatherof mother, although bornoutside of the Philippines. • Foreigners who have obtained certificate of naturalization. Those who, without such certificate, have acquired a domicile in any town within Philippineterritory. • 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 contributingto allthe taxes imposed by the Nation. • The conditionof being a Filipinois lost in accordance with law.
  • 21. • Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of crime and in accordance with law. • Article 8. All persons detained shall be discharged of delivered to the judicial authority within 24 hours following the act of detention. All detentions without the 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 competent court. The order of imprisonment shall be ratified or confirmed within 72 hours following the said order, after the accused has been heard.
  • 22. • Article 10. No one shall enter the dwelling house of any Filipino or foreigner residing in the Philippines without his consent, except in urgent cases of fire, inundation, earthquake or other similar danger, 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 foreigner 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 witness’s resident of the same place. • However, when a criminal caught in frigate should take refuge in his dwelling house, the authorities in pursuit may enter into it, only for the purpose of making an arrest. • If the criminal should take refuge in the dwelling house of foreigner, the consent of the latter must first be obtained.
  • 23. • Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of finaljudgment. • Article 12. In no case may correspondence confined to the post office be detained or opened by government authorities, nor any telegraphic or telephonic message detained. However, by virtue of an order a competent court, correspondence may be detained and opened in the presence of the sender. • Article 13. All orders of imprisonment, of search of dwelling house, or detention of written correspondence, telegraph or telephone, must be justified. When an order lacks this requisite, or when the ground 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 Article 9, whose correspondence has been detained, shallhave the right to recover damages.
  • 24. • Article 14. No Filipino shall be prosecuted or sentenced, expert by a judge or court of proper jurisdiction and according to the procedure prescribedby law. • Article 15. Expert 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 cause to be executed the illegal detection or imprisonment. • Article 16. No one shall be temporarily or permanently deprived of rights or disturbed in his enjoymentthereof,except by virtue of judicial sentence. The official, who, under any pretext whatsoever, should violate this provision, shall be personally liable for the damages caused.
  • 25. • 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 authority, and indemnifying the owner thereof prior to expropriation. • Article 18. No one shall be obligated 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 prescribedby the law. • Article 19. No Filipino who is in full enjoyment of his civil and political rights shall be impeded in the free exercise of said rights. • Article 20. Neither shall any Filipino be deprived of the right to freely express his ideas or opinions, orally or in writings, through the use of the press or other similar means of the right of association for purposes of human life and which are not contrary to public morals; and lastly, of the right to send petitions to the authorities, individually or collectively.
  • 26. • The right of petitionshallnotbe exercised throughany kindof armedforce. • Article 21. The exercise of the right provided for in the proceeding article should be subject to generalprovisions regulatingthe same. • Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shallbe punished by the courts in accordance with the laws. • Article 23. Ant Filipino may establish and maintain institutions of learning, in accordance with the laws authorizingthem. • Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating the matter; may engage in any occupation or professions for the exercise of which no special license is required by law to be issuedby the national authorities.
  • 27. • Article25. No Filipinowho is in fullenjoyment of his politicalandcivilrightsshallbe impededin his rightto travelfreelyabroad of in his rightto transferhis residence or possessionsto anothercountry, except as to his obligationsto contribute to militaryservice or the maintenanceof publictaxes. • Article26. No foreignerwho has not beennaturalizedmay exercise in the Philippines any office whichcarrieswithit any authorityof jurisdictionalpowers. • Article27. All Filipinos are obliged to defend his countrywitharms whencalleduponby law, and to contributeto the expenses of the State in proportionto his means. • Article28. The prior authorizationto prosecute a public officialin the caseswhichconstitute apparent andclearviolations of constitutionalprecepts.In others,the agentsof the law shall onlybe exemptedif they didnot exercisethe authority.
  • 28. • Article 30. The guaranties 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. • In no case may the civil or military chief promulgate any penalty other than those previously provided by law.
  • 29. • Article31. In the Republicof the Philippines,no one shallbe judged by a speciallawor by special tribunals.No personor corporationmay enjoy privileges or emoluments which are notin compensationfor public service renderedand authorized by law.War andmarinelaws shall applyfor crimesor depicts whichhave intimate relationto militaryor navaldiscipline. • Article32. No Filipinoshallestablishlaws on primogeniture, norinstitutionsrestrictive of property rights,noraccepthonors, decorations or honorific titles or nobilityfromforeignnations without the consentof the Government. Neithershallthe government establishin the Republic institutionsmentioned in the precedingparagraph,norconferhonors,decorations or honorific titles and nobilityto any Filipino. The Nation,however, may rewardby specialapprovedby the Assembly,conspicuous, servicesrenderedby citizens of the country
  • 30. • This Constitution was the first document by the people representative anchor or South Demonstrative Philosophy & Tradition. • It was designed to protect them against inroadsment in the government or by any individual or group of individuals its basis was the social important accorded to their individual in the democratic society that every individual has the dignity &works which must to respected and safeguard.
  • 31. • Legislative - make laws, amend laws, approved budget, and discuss public concern • Executive - decide on budget, decide on Internal & External Affairs, obtain Laws, maintain security and defence and discuss drafts and legislations • Judiciary - Internal laws, enforce laws, make laws • Malolos Constitution – Symbol of unity, freedom, equality, justice customs & tradition that reflect the character of a Filipino
  • 32. MALOLOS: POLITICSANDFINANCE • THE CRISIS OF THE REPUBLIC • The story of Bonifacio and the KATIPUNAN • The presentwork is a painstaking and thorough- going analysis of the travails of the.Aguinaldo government during the war with the UNITED STATE. • Initially, the revolutionarygovernment was partially fenced by the money received by Aguinaldo as provided for by the Pact of Biak-na- bato in 1897.
  • 33. • Later on, it had to support itself by direct and indirect taxes, income from confiscated Spanish properties and donations. In order to further stabilize its finances, Benito Legarda, the director of one of the divisions of the treasury, introduced in October 1898, a bill in congress for the purpose of floating a National Loan. Congress passed this bill which became a law on Aguinaldo’s approval on November 26, 1898. The law authorized the government “ to execute for the Treasury of the nation an interior loan of 20,000,000 pesos to be redeemed in 40 years after the date of issue. “ It was provided, too, that the subscribers to the loan were to receive six percent interest annually every six months or even every three months if the situation in the Treasury warranted it. The government was further authorized “to pledge the property of the nation as security and issue money of forced circulation of the value of 3,000,000 pesos to be redeemed in three years..” The date of issue was to commerce on December1,1898.
  • 34. • THE MEN who set out to control Congress were determined all, to demonstrate that they were patriots (the one who love and fight for his/her country) And no gesture would have more visible than their financial aid to the Revolution.Yet the owners of property would not unnecessarily risk their source of power promulgation of the constitution would have partially serve as a guarantee.Without this guarantee it became understandable why the patriotism of some become colder. However, there were those who were determined to offer some financial supportto the revolution. • However, there were those willing to offer some financial support to the Revolution provided by the Revolutionary Government was willing to give something in return. Why Felipe Buencamino convinced Aguinaldo of urgent necessity of approving the constitution passed by Congress was that, without the Constitution the NATIONAL LOAN previously passed by Congressand approvedby Aguinaldo wouldbe frustrated.
  • 35. • And interpreted as veiled threat that congressional financial support of the Revolution might be withheld should Aguinaldo not cater fully to the wishes of the Congress. Buencamino reveals why it was not easy for Aguinaldo to entirely disregard some of the demands of the Revolutionary Congress.
  • 36. FINANCES • One of the important laws passed by the Malolos Congress was the Law Providing for a National Loan to buy the national budget in which the republic was trying to balance. The loan, worth 20 million pesos, was to be paid in 40 years with an annual interest of six percent.The law was decreedby Aguinaldo on November 30, 1898. • Aguinaldo foundoutthe technicalities thatmust have perplexed.He stated that: • The permanent board was divided into 4 sections, each section to assist ostensibly the 4 directors corresponding to the 4 division of the TREASURY DEPARTMENT. Mabini warned in his letter that ultimately the permanent board would supervise and control all the transactionsof the Department.
  • 37. • Mariano Trias as the incumbent secretary of the treasury and man that could be trusted. Mabini feared that he could be unwittingly made a tool of the board whose motives were not in any manner obvious to all. Pointing out that a qualification to become a member of the board was wealth. • Immediately Aguinaldo wrote a bitter letter apprising him of the possible motives of the persons composing the permanent board who were interested in forming a bank and the possible implications of the WHOLE MATTER on the Revolutionary cause.
  • 38. (Cryof Balintawak) • August 1896-members of Katipunan secret society (katipuneros) led by Andres Bonifacio rose up in revolt somewhere in an area referred to as Caloocan wider than the Jurisdiction of present day Caloocan City which may have overlapped into present day Quezon City. • Cry (sigaw)-referred to the first clash between the katipuneros and the Guardia Civil. • -tearing up community tax certificate (cedulaspersonales) in the defiance of their allegiance to Spain • -Patriotic Shouts (Viva Independencia Filipina).
  • 39. • Because of competing accounts and ambiguity of the place where this event took place,exact date and place of the CRY occurred on August 26 in Balintawak. In 1963 the Philippine government declared a shift to August 23 in PugadLawin in Quezon City. • MEETING IN BALINTAWAK (AUGUST 26) was held in Apolonio Samson and also the cabeza de barangay of Caloocan. Those who attended are Bonifacio, Jacinto, DelRosario, Remigio, Pantas,Plata, Valenzuela, Pacheco and Carreon leaders of Katipunan and Board of directors with 500 members. • REVOLT! The people shouted as one. • Cedula been destroyed as a sign of severance from the Spaniards. They tore their cedula certificate and shouted “LONG LIVE THE PHILIPPINES.”
  • 40. The Cry of PugadLawin
  • 41. • Mabini expressed the the fear that in the long run those rich ones controlling the Bank and Treasury would end up controlling the government. Considering that the rich in Manila, in connivance with one another, will compose this Junta and since, according to my information, they have been already approach by Paterno, I fear that he will have here something worse than what we had during Spanish times. For the very reason that the Treasury is that which sustains you, if you allow it to be entrusted to the rich, you will certainlycontrol,I would not have any fear because you have jurisdiction overthe Bank. • Confessing that he did not expect Aguinaldo would have given such concession to the rich and that the above events would have taken place, Mabini complained that whereas and othershad work without salaries
  • 42. • THE RICH might go to extent of asking salaries for themselves. In this case it is always the rich who will all have the advantages while the soldiers remain hungry. They will exert pressure on the tenants to pay, the administrators will pocket part of the revenues and little will go to the Treasury. As the Revenues will therefore not to be sufficient to amortize the loan and pay its interest. They will be forced to resort to the proceed of the cedulaspersonales. • You will then be left with nothing to pay the soldiers. Finally the tenants and employees will blame you for everything and the rich will have a good laugh.
  • 43. • Characteristically aware of his role in the Revolution Mabini wrote that he was bringing the above matter to Aguinaldo in order that he would not made “to answer for a thing that he did not do” regarding the financial imbroglio. Mabini then asked to retire as adviser. • He had superior talents, was firm in his convictions and was loyal. He was a great patriot, honourable, and humble but proud before those with power. He did not easily change his opinions, especially in politics, and was fearless and firm. Although he was often stubborn, he would sometimes be temperamental. But when politics was being discussed, he would always be spirited and found in the right mood.