President of the Council,Apolinario
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We, the Representatives of the Filipino people, lawfully covened, in
to establish justice, provide for common defense, promote the general
and insure the benefits of liberty, imploring the aidof
the Sovereign Legislator of the Universe for the attainment of these
have voted, decreed, and sanctioned the following:
Article 1. The political association of all Filipinos constitutes a
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.
Article 4. The Government of the Republic is popular, representative,
and responsible, and shall exercise three distinct powers: namely, the
legislative, the executive, and the judicial. Any two ormore
of these three powers shall never be united in one person or
nor the legislative power vested in one single individual.
5. The State recognizes the freedom and equality of all religions, as
as the separation of the Church and the State.
FILIPINOS AND THEIR NATIONALAND
6. The following are Filipinos:
1. All persons born in the Philippine territory. A vessel of
registry is considered, for this purpose, as part of Philippine
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
two years in any locality within Philippine territory, with an open
and known occupation, and contributing to all the taxes imposed by the
The condition of being a Filipino is lost in accordance with law.
Article 7. No Filipino or foreigner shall be detained nor imprisoned
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
All detentions shall be without legal effect, unless the arrested
is duly prosecuted within 72 hours after delivery to a competent
The accused shall be duly notified of such proceeding within the same
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
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
cases of fire, inundation, earthquake or similar dangers, or by reason
of unlawful aggression from within, or in order to assist a person
who cries for help. Outside of these cases, the entry into the
house of any Filipino or foreign resident in the Philippines or the
of his papers and effects can only be decreed by a competent court andexecuted
only in the daytime. The search of papers and effects shall be
always in the presence of the person searched or of a member of his
and, in their absence, of two witnesses resident of the same
However, when a criminal caught in fraganti should take refuge in his
house, the authorities in pursuit may enter into it, only for the
of making an arrest. If a criminal should take refuge in the
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
except by virtue of a final judgment.
Article 12. In no case may correspondence confided to the post office
detained or opened by government authorities, nor any telegraphic or
message detained. However, by virtue of a competent court,
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
on which the act was founded is proven in court to be unlawful or
insufficient, the person to be detained or whose imprisonment hasnot
been ratified within the period prescribed in Art. 9, or whose
has been detained, shall have the right to recover damages.
Article 14. No Filipino shall be prosecuted or sentenced, except by a
or court of proper jurisdiction and according to the procedure
Article 15. Exept in the cases provided by the Constitution, all
detained or imprisoned not in accordance with legal formalities shall
released upon his own petition or upon petition of anotherperson.
The law shall determine the manner of proceeding summarily in this
as well as the personal and pecuniary penalties which shall be imposed
upon the person who ordered, executed or to beexecuted
the illegal detention or imprisonment.
Article 16. No one shall be temporarily or permanently deprived of
or dstured in his enjoyment thereof, except by virtue of judicial
The officials who, under any pretext whatsoever, should violate this
shall be personally liable for the damages caused.
Article 17. No one shall be deprived of his property by expropriation
on grounds of public necessity and benefit, previously declared and
by proper authorities, and indemnifying the owner thereof prior to
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 mannerprescribed
by the law.
Article 19. No Filipino who is in full enjoyment of his civil or
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
in writing, through the use of the press or other similar means.
2. Of the right of association for purposes of human life and
are not contrary to public morals; and lastly
3. Of the right to send petitions to the authorities,
The right of petition shall not be exercised through any kind of armed
Article 21. The exercise of the rights provided for in the preceding
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
with the laws.
Article 23. Any Filipino may establish and maintain institutions of
in accordance with the laws authorizing them. Public education
be free and obligatory in all schools of the nation.
Article 24. Foreigners may freely reside in Philippine territory,
to legal dispositions regulating the matter; may engage in any
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
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
of public taxes.
Article 26. No foreigner who has not been naturalized may exercise in
Philippines any office which carries with it any authority or
Article 27. All Filipinos are obliged to defend his country with arms
called upon by law, and to contribute to the expenses of the State in
to his means.
Article 28. The enumeration of the rights provided for in this title
not imply the denial of other rights not mentioned.
Article 29. The prior authorization to prosecute a public official in
ordinary courts is not necessary, whatever may be the crime committed.
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 exemptedif
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 byauthority
of law, when the security of the State in extraordinary circumstances
When promulgated in any territory where the suspension applies, there
be a special law which shall govern during the period of the
according to the circumstances prevailing.
The law of suspension as well as the special law to govern shall be
by the National Assembly, and in case the latter is in recess, the
shall have the power to decree the same jointly with the Permanent
without prejudice to convoking the Assembly without the least delay and
report to it what had been done.
any suspension made shall not affect more rights than those mentioned
the first paragraph of this article nor authorize the Government to
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
for crimes and delicts which have intimate relation to military or
Article 32. No Filipino shall establish laws on primogeniture, nor
restrictive of property rights, nor accept honors, decorations, or
titles or nobility from foreign nations without the
of the Government.
Neither shall the Government establish in the Republic institutions
in the preceding paragraph, nor confer honors, decorations, or
titles of nobility to any Filipino.
The Nation, however, may reward by special law approved by the
conspicuous services rendered by citizens of the country.
Article 33. Legislative power shall be exercised by an Assembly of
of the Nation.
This Assembly shall be organized in the form and manner determined by
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
Article 36. The Assembly shall meet every year. The President of the
has the right to convoke it, suspend and close its sessions, and
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
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 extendedperiod
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
shall organize committees for the organization of the Assembly and for
the election of the new President of the Republic, which shall be
at least one month before the expiration of the term of office of the
In case of death or resignation of the President of the Republic, the
shall meet in session by its own right or by initiative of the
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
whose office shall be taken over by one of theJustices
of the Court, in accordance with law.
Article 41. Any session of the Assembly held outside the period of
legislature shall be unlawful and void. The case provided in Article 30
and in which the Assembly has constituted itself intoa
Tribunal of Justice shall be excepted, but in the latter case no other
functions shall be exercised except that pertaining to judicial
Article 42. The sessions of the Assembly shall be public. However,
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
of the members present if the discussion on the same subject has to
Article 43. The President of the Republic shall communicate with the
by means of messages, which shall be read by a Department Secretary.
The Department Secretaries shall have the right to be heard in the
upon their request, and they may be represented in the discussion of
bills by Commissioners appointed by decrees of
President of the Republic.
Article 44. The Assembly may constitute itself into a Tribunal of
to hear and determine crimes committed against the security of the
by the President of the Republic and members of theCouncil
of Government, by the Chief Justice of the Supreme Court, and by the
General of the Nation, by means of a decree promulgating it, or by the
Permanent Commission, or by the Presidentof
the Republic upon petition of the Solicitor General or Council of
The law shall determine the mode and manner of the accusation,
and disposition of the proceedings.
Article 45. No member of the Assembly shall be prosecuted nor held
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
authority of the Assembly or of the Permanent Commission to which an
report of the facts shall be made, for its proper action.
The imprisonment, detention, or apprehension of a member of the
shall not be carried out without the prior authority of the same or by
the Permanent Commission. The moment the Assembly isnotified
of the order of imprisonment, it shall incur liability if, within two
following the notification, it does not authorize the imprisonment or
sufficient reason upon which the refusal is based.
Article 47. The National Assembly shall have the following additional
1. To approve Rules for its internal government.
2. To examine the legality of the elections and the legal
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
Assembly. To approve a bill, the presence in the Assembly of at
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
been voted upon as a whole and subsequently article by article.
Article 50. The Assembly shall have the right of censure, and each of
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
his membership. From this shall be excepted the employment as
of the Government of the Republic and other offices provided for by
Article 53. The office of Representatives shall be for a term of four
and shall be compensated by a sum fixed by law, according to the
Those who absent themselves during the entire period of the legislative
sessions shall not be entitled to any compensation; but they may be
to recover the right to compensation should they attend
Article 54. The Assembly, before adjournment, shall elect seven of its
members to form the Permanent Commission during the period of
which shall designate at its first session, the Presidentand
Article 55. The Permanent Commission, during the adjournment of the
shall have the following attributes:
1. Declare if there is sufficient cause to proceed against the
of the Republic, the Representatives, Department secretaries, the Chief
Justice of the Supreme Court, and the Solicitor-General in the cases
by this Constitution.
2. Convoke the Assembly to a special session in the cases where
latter should constitute itself into a Tribunal of Justice.
3. To act upon pending matters which require proper action.
4. Convoke the Assembly in special sessions when the exigencies
the situation so demand.
5. Supplement the powers of the Assembly in accordance with the
excepting the act of voting and approving laws.
Permanent Commission shall meet in session whenever convoked by the
officer, in accordance with this Constitution.
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,
and of the State shall correspond, respectively, to the Popular
the Provincial Assemblies, and to the Administration in power, in
with the laws, and observing the most liberal policy of
and administrative autonomy.
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,
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
the introduction of bills equally with the members of the Assembly, and
promulgate the laws when duly voted and approved by the latter, and
see to it that the same are duly executed.
Article 60. The power to execute the laws shall extend to all cases
to the preservation of internal public order and to the external
of the State.
Article 61. The President shall promulgate the laws duly approved by
within 20 days following their transmittal to him by the Assembly.
Article 62. If within this period, the President should fail to
them, he shall return them to the Assembly with his reasons for the
in which case the Assembly may reconsider same, and itshall
be presumed by a vote of at least two-thirds of the members of the
present in a quorum. If repassed in the manner indicated, the
shall promulgate same within ten days, with a manifestation of its
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
of the Republic may require the Assembly to re-approve same which
be refused, and if the same bill is repassed, the President shall
it within the legal period, without prejudice to his making of record
non-conformity with the bill.
Article 64. The promulgation of laws shall be made by publishing them
the official gazette of the Republic, and shall have the force of law
days following such publication.
Article 65. The President of the Republic shall have at his disposal
army and the navy, and may declare war and make and ratify treaties
the prior consent of the Assembly.
Article 66. Treaties of peace shall not take effect until voted upon by
Article 67. The President of the Republic, in addition to his duty to
the laws, shall:
1. Supervise civil and military employees in accordance with the
2. Appoint the Secretaries of the Government.
3. Direct the diplomatic and commercial relations with foreign
4. See to it that justice is duly and promptly administered
5. Grant pardon to convicted criminals in accordance with the
except any special provision relating to the Secretaries of the
6. Preside over all national functions and receive ambassadors
accredited representatives of foreign powers.
Article 68. The President of the Republic may be authorized by special
1. To alienate, transfer or exchange any portion of Philippine
2. To incorporate any other territory to the Philippine territory.
3. To admit the stationing of foreign troops in Philippine
4. To ratify of alliance, defensive as well as offensive, special
treaties of commerce, those which stipulate to grant subsidies to a
power, and those which may compel Filipinos to render personal service.
Secret treaties in no case may prevail over the provisions of open
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
prescribed in said laws.
Article 70. The President of the Philippines, with the prior approval
majority vote of the Representatives, may dissolve the Assembly before
the expiration of its legislation term. In this case, new
shall be called within three months.
Article 71. The President of the Republic may be held liable only for
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
SECRETARIES OF GOVERNMENTArticle 73. The Council of Government is composed of one President and
seven secretaries, each of whom shall have under his charge the
of Foreign Relations, Interior, Finance, War and
Public Education, Communications and Public Works, and Agriculture,
Article 74. All the acts done by the President of the Republic in the
of his duties shall be signed by the corresponding Secretary. No public
official shall give official recognition to any act unless this
is complied with.
Article 75. The Secretaries of Government are jointly responsible to
Assembly for the general administration of the Government, and
for their respective personal acts.
Article 76. In order to exempt them from responsibility, when held
by the Assembly, a petition to this effect approved by absolute
of the Representatives is necessary.
Article 77. To the Court corresponds exclusively the power to
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
to certain variations according to circumstances as determined by
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
except when they conform to the laws.
Article 79. The exercise of judicial power shall be vested in one
Court and in other courts established by law. Their composition,
organization, and other attributes shall be determined by the laws
Article 80. The Chief Justice of the Supreme Court and the
shall be chosen by the National Assembly in concurrence with the
of the Republic and the Secretaries of the
and shall be absolutely independent of the Legislative and Executive
Article 81. Any citizen may file suit against any member exercising the
Judicial Power for any crime committed by them in the discharge of
AND POPULAR ASSEMBLIES
Article 82. The organization and attributes of provincial and popular
shall be governed by their respective laws. These laws shall
to the following principles:
1. The government and management of the particular interests of
province or town shall be discharged by their respective corporations,
the principle of direct and popular elections being the basis
each of them.
2. Publicity of their sessions, within the limits provided by law.
3. Publication of all appropriations, accounts, and agreements
4. Government interference and, in the absence thereof, by the
Assembly, to prevent provinces and municipalities exceeding their
and attributes to the prejudice of the interest of individuals and of
Nation at large.
5. Power of taxation shall be exercised to the end that
and municipal taxation do not come into conflict with the power of
of the State.
OF THE STATE
Article 83. The Government shall submit every year to the Assembly a
of expenditures and income, indicating the changes made from those of
preceding year, accompanying the same with a balance sheet as of the
of the year, in accordance with law. This budget shall be
to the Assembly within ten days following the commencement of its
Article 85. The Government, in order to dispose of the property and
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
Article 87. All laws relating to income, public expenses, or public
shall be considered as part of the appropriation and shall be published
Article 88. The Assembly shall determine every year, upon the
of the President of the Republic, the military forces by land and sea.
OF THE CONSTITUTION
Article 89. The Assembly, on its own initiative or that of the
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
shall dissolve the Assembly, and shall convoke a Constituent Assembly
shall meet within three months. In the decree convoking the Constituent
Assembly, the resolution mentioned in the preceding article shall be
Article 91. The President of the Republic, the Government, the
and all Filipino citizens shall faithfully observe the provisions of
Constitution; and the Legislative Power, upon approval of theAppropriations
Act, shall examine if the Constitution has been strictly complied with
and whether violations, if any, have been duly corrected and those
for the violations held liable.
Article 92. The President of the Republic and all other officials of
Nation shall not enter into the discharge of their office without
taken the prescribed oath. The oath of the President of the Republic
be taken before the National Assembly.
The other officials of the Nation shall take their oath before the
determined by law.
Article 93. The use of languages spoken in the Philippines shall be
Their use cannot be regulated except by virtue of law, and solely for
of public authority and in the courts. For these
the Spanish language may be used in the meantime.
Article 94. Meanwhile and without prejudice to the provisions of
48 and to the acts of the commissions designated by the Assembly to
and submit to the same the organic laws in the development and
of the rights granted to Filipino citizens and for the government of
powers therein mentioned, the laws of the Republic shall be considered
those found existing in these islands before the emancipation of the
The provisions of the Civil Code relating to marriage and civil
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
332 of the same, and the Regulation of December 13 following for the
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
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 byspecial
Article 96. Once the laws approved by the Assembly have been
in accordance with Article 94, the Government of the Republic shall
the power to issue decrees and regulationsnecessary
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
Article 98. The present Congress, composed of members by suffrage or by
decree, shall last for four years, or for the duration of the present
term commencing on the 15th of April of next year.
Article 99. Notwithstanding the general rule established in part 2 of
4, in the meantime that the country is fighting for its independence,
Government is empowered to resolve during the closure of the Congress
questions and difficulties not provided for in the laws, which give
to unforeseen events, of which the Permanent Commission shall be duly
as well as the Assembly when itmeets
in accordance with this Constitution.
Article 100. The execution of Article 5, Title III shall be suspended
the constituent Assembly meets in session.
In the meantime, municipalities which require spiritual ministry of a
priest may provide for his necessary maintenance.
Article 101. Notwithstanding the provisions of Articles 62 and 63,
returned by the President of the Republic to the Congress may not be
except in the legislature of the following year, thissuspension
being under the responsibility of the President and his Council of
When these conditions have been fulfilled, the promulgation of said
shall be obligatory within ten days,without
prejudice to the President making of record his non-conformity.
the reapproval is made in subsequent legislative terms, it shall be
law approved for the first time.
All the estates, edifices, and other property possessed by the religiouscorporations
in these islands shall be deemed restored to the Philippine State as of
May 24, 1898 when the Dictatorial Government has been constituted in
BARASOAIN, the twentieth of January, 1899.
President of the Congress
de la Rama
M. de la Vina
V. del Rosario
V. del Rosario
G. del Rosario
H. Pardo de Tavera
of the Revolutionary Government of the Philippines.D.
Emilio Aguinaldo y Famy, President of the Revolutionary Government of
Philippines and Captain General and Commander-in-Chief of its Army.
all Filipino citizens: That the Assembly of Representatives of the
by virtue of its sovereign power, has decreed and I have sanctioned the
political Constitution of the state.
command all the authorities, civil as well as military, of whatever
or rank, to keep it and cause it to be kept, complied with and executed
in all its parts, because it is the sovereign will of the Filipino
at Malolos, on the twenty-first of January in the year eighteen hundred