Constitutions of the Philippines

8/19/2019 Constitutions of the Philippines

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1 HISTORY OF THE PHILIPPINE CONSTITUTIONS

1897BIAC-NA-BATOCONSTITUTION

[Decree No. 29]

November 1, 1897

In Biac-na-bato on the first day of the onth of

No!eber of the year one tho"sand ei#ht h"ndred

and ninety-se!en$ the Re%resentati!es of the %eo%&e

of the Phi&i%%ine Is&ands$ asseb&ed for the %"r%ose of odifyin# the Constit"tion of this

Re%"b&ic of the Phi&i%%ines$ dra'n "% and

%roc&aied in the to'n of Naic$ Pro!ince of Ca!ite$

on the t'enty-second of (arch of this year$ in

accordance 'ith the %ro!isions of )ecree No* +, of

c"rrent year after a &on# disc"ssion$ the

Re%resentati!es. ha!e "nanio"s&y a#reed "%onthe fo&&o'in#/

Constt!ton or t"e #!n$%ment%& '%( o) t"e*e+!b&c o) t"e "&++nes

The separation of the Philippines from the Spanish

monarchy and their formation into an independentstate with its own government called the Philippine


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Republic has been the end sought by the

Revolution in the existing war, begun on the 24thof ugust, 1!"#$ and therefore, in its name and bythe power delegated by the %ilipino people,interpreting faithfully their desires and ambitions,we, the representatives of the Revolution, in ameeting at &iac'na'bato, (ov) 1st) 1!"*,unanimously adopt the following articles for the

+onstitution of the State

RT-+./ 1) The supreme government of theRepublic shall be vested in a Supreme +ouncil,composed of a President, a 0ice'President and four Secretaries, for the conduct of our %oreignRelations, of ar, of the -nterior, and of the

Treasury)

RT-+./ 2) The powers of the Supreme +ouncilof the government shall be

1st) To adopt measures for maintaining anddeveloping its existence, issuing such orders as it believes adeuate for the preservation and securityof the civil and political life of the nation)

2nd) To impose and collect taxes, to issue foreignand domestic loans, when necessary, and to issue paper money, to coin money and to appropriate the

funds collected to the purposes reuired by theseveral branches of the State)


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3rd) To authorie privateering and issue letters of

marue and reprisal, to raise and organie troopsand to maintain them, to ratify treaties, and to ma5ea treaty of peace with Spain , with the ratificationof the ssembly of Representatives)

4th) To try as a 6udicial body, should they thin5 necessary, the President or any of the members of

the +ouncil, who should be accused of crimes,cogniance of which appertains to the 7udicialPower)

8th) To have the right of supervision and supremedirection of military operations, when they believeit to be necessary for the consummation of high

political ends) To approve, reform or modify theRegulations and orders for the rmy, prepared bythe +aptain'9eneral of the rmy$ to confer gradesand promotions, from that of first lieuten:a;nt andto confer honors and rewards granted for servicesin war, at the recommendation of the said +aptain'9eneral of the rmy)

#th) To select and nominate a +aptain'9eneral anda .ieutenant 9eneral)

*th) To convene the ssembly of Representativeswhen necessary, in accordance with the provisions

of the +onstitution)


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RT-+./ 3) The 0ice'President shall fill ad

interim the office of President in case of vacancy)

RT-+./ 4 %or each Secretary there shall be aSub'Secretary, who shall aid in the dispatch of business and shall in case a vacancy'occurs fill adinterim the place of such Secretary)


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RT-+./ 1=) The executive power shall be vested

in the President, or in his absence in the 0ice'President, and shall have these powers To approveand promulgate the acts of the Supreme +ouncil of the 9overnment$ To provide for their executionwithin the period of nine days To issue decrees,rules or instructions for their execution To receiveambassadors and to execute treaties)

RT-+./ 11) -n case of definite vacancies, in theoffice of President, 0ice'President, and Secretaries, by death, resignation or other legal causes, thessembly of Representatives shall meet for theelection of others to fill the vacant offices)

RT-+./ 12) /ach Secretary shall have a vote inthe passage of all resolutions and measures of whatever 5ind, and shall be able to ta5e part in thedeliberations thereon)

RT-+./ 13) The Secretaries shall have the rightto choose and nominate their own assistants andother officials of their respective departments)

RT-+./ 14) The Secretary of %oreign ffairsshall have charge of ll correspondence withforeign nations regarding treaties and agreementsof all 5inds$ appointment of Representatives to said

nations, issuing instructions for and authoriing theexpenses of such officials, as by act of the +ouncil


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of 9overnment reside in foreign parts, and

preparation of passports for foreign lands)

RT-+./ 18) The Secretary of the -nterior shall becharged with +ollection of all statistics concerningthe Republic$ opening of roads and bridges$ theadvancement of agriculture, industry, commerce,art, professions and manufactures, public

instruction and posts, depots of cattle and horsesfor the use of the Revolution establishment of police for the protection or security of public order,and for the preservation of the liberties andindividual rights established by this +onstitution,and the custody of the property of the State)

RT-+./ 1#) The Secretary of ar is in charge of all military correspondence$ of the increase anddecrease, of the organiation and instruction of thearmy$ is head of the staff, is in charge of enlistmentand of providing clothing, hospitals, rations andordnance)

RT-+./ 1*) The Secretary of the Treasury shallhave under his charge all receipts and payments of the Treasury, ma5ing collections and payments inaccordance with the regulations and decrees issued by the +ouncil of 9overnment$ coining of moneyand issuance of paper money$ the public debt$

administration of the property of the State, and thefurther duties pertaining to the Treasury>epartment)


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RT-+./ 1!) The Secretaries shall have charge of

the drafting of all laws, correspondence,regulations and decrees appertaining to their respective offices)

RT-+./ 1") The +aptain'9eneral of the rmyshall have command of all the armed troops in thetowns, forts or detachments$ the direction of the

operations of war, except in the case reserved for the +ouncil of 9overnment, as set forth in rticle2, (o) 8, and shall give such orders as he deemsnecessary for the discipline and safety of thetroops)

RT-+./ 2=) The .ieutenant'9eneral shall serve

as +aptain'9eneral of the rmy, ad interim, in caseof vacancy)

RT-+./ 21) /ach province of the Philippinesmay have a representative delegate elected byuniversal suffrage , who shall represent it in thessembly)

RT-+./ 22) Religious liberty, the right of association, the freedom of education , the freedomof the press , as well as freedom in the exercise of all classes of professions, arts, trades and industriesare established)

RT-+./ 23) /very %ilipino shall have the right todirect petitions or present remonstrances of any


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import whatsoever, in person or through his

representative, to the +ouncil of 9overnment of theRepublic)

RT-+./ 24) (o person, whatever may be hisnationality, shall be imprisoned or held except byvirtue of an order issued by a competent court, provided that this shall not apply to crimes which

concern the Revolution, the government or thermy)

RT-+./ 28) (either can any individual bedeprived of his property or his domicile, except byvirtue of 6udgment passed by a court of competentauthority)

RT-+./ 2#) /very %ilipino is obliged to servethe Revolution with his services, and property tothe extent of his capacity)

RT-+./ 2*) The debts and other obligationscontracted prior to the promulgation of this+onstitution by the 9enerals and other +hiefs of the Revolutionary rmy, as well as their notes andorders, are hereby recognied and ratified to'day,also all subseuent debts, certified to by thegovernment)

RT-+./ 2!) The officials of the +ouncil of 9overnment are entitled to the consideration andrespect due to their ran5, and if they be constant in


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them they shall be entitled to pensions according to

regulations to be published on the sub6ect)

RT-+./ 2") The +ouncil of 9overnment has the power to remove any official from office if there besufficient reason for it) %ormal charges will be laidfor the action of a court to be called the ?SwornTribunal)@

RT-+./ 3=) The Supreme +ouncil of 9race and7ustice to be established by the Supreme +ouncil of 9overnment, shall have authority to ma5edecisions and affirm or disprove the sentencesrendered by other courts, and to dictate rules for the administration of 6ustice)

RT-+./ 31) The Supreme +ouncil of 9race and7ustice shall be independent in its functions andshall not be interfered with by any power or authority)

RT-+./ 32) /very official of the Republic shallrender assistance to the others in the discharge of his duties)

RT-+./ 33) hen the necessary rmy isorganied, a navy shall be created for the protection of the coasts of the Philippine

rchipelago and its seas$ then a Secretary of the (avy shall be appointed and the duties of his officeshall be added to this +onstitution)


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RT-+./ 34) This +onstitution shall be in force

here in the Philippines for the period of two yearsfrom the date of its promulgation, in case that theRevolution shall not have terminated within thattime) Apon the expiration of said period, a sessionof the ssembly of Representatives shall be calledfor a new +onstitution and the election of a new+ouncil of 9overnment and Representatives of the

people)

s it has been thus decreed by the Representativesof the %ilipino people, and in the name of theRepublic ordered by the ssembly thus constituted, Be, the undersigned, pledge with our word andhonor fulfillment of what is set forth in this

+onstitution at &iac'na'bato) (ovember 18, 1!"*)

President, /milio guinaldo ) Severino de laslas ) Pascual lvare) Cariano .lanera) Camerto (atividad) -sabelo rtacho) 0icente .ucban yRilles) Celecio +arlos) Simeon Tecson) Cariano (oriel) &aldomero guinaldo ) Salvador /strella)Pantaleon 9arcia) /scolastico 0iela) 7ulian de la+ru) +iriaco Sartore) 7ose -gnacio Paua ) gustinde la Rosa) +elestino ragon) 9regorio ungon) /duardo .lanera) eodato Cana6an) Pedro 9ualdes DEF) mbrosio de

la +ru) Catias San &no) Ciguel +atahan)+lemente 0alencia) Codesto Porciuncula) +laro%uelo DEF) /miliano Tecson) &envenuto Ramire)


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%rancisco C) Soliman) Caximo +abigting) Ramon

Tombo) rtemio Ricarte 0ibora ) Sinforoso de la+ru) gapito &onson) 0alentin >ia) Tomasuino .inares DEF) +ipriano Pacheco) CanuelTinio ) nastacio %rancisco) Serviliano uino)enceslao 0iniegra) >oroteo .ope) 0ito&elarmino , Secretary) ntonio Contenegro,Secretary) Teodoro 9onale, Secretary)

--- oOo ---


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1899CONSTITUTION

O# T*UB'IC O# T

I'IINS/0A'O'OS CONNTION

T"e res$ent o) t"e Co!nc&,A+o&n%ro 0%bn.

*A0B'

e, the Representatives of the %ilipino people,lawfully covened, in order to establish 6ustice, provide for common defense, promote the general

welfare, and insure the benefits of liberty,imploring the aid of the Sovereign .egislator of the


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Aniverse for the attainment of these ends, have

voted, decreed, and sanctioned the following

O'ITICA' CONSTITUTION

TIT' IT *UB'IC

RT-+./ 1) The political association of all%ilipinos constitutes a nation, whose state shall be5nown as the Philippine Republic

RT-+./ 2) The Philippine Republic is free andindependent

RT-+./ 3) Sovereignty resides exclusively in the people)

TIT' IIT 3O*N0NT

RT-+./ 4) The 9overnment of the Republic is popular, representative, alternative, andresponsible, and shall exercise three distinct powers namely, the legislative, the executive, and

the 6udicial) ny two or more of these three powersshall never be united in one person or cooperation,


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nor the legislative power vested in one single

individual)

TIT' III*'I3ION

RT-+./ 8) The State recognies the freedomand euality of all religions, as well as theseparation of the +hurch and the State)

TIT' IT #I'IINOS AND TI* NATIONA'AND INDIIDUA' *I3TS

RT-+./ #) The following are %ilipinos

1) ll persons born in the Philippine

territory) vessel of Philippine registry isconsidered, for this purpose, as part of Philippine territory)

2) +hildren of a %ilipino father or mother,although born outside of the Philippines)

3) %oreigners who have obtainedcertification of naturaliation)


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4) Those who, without such certificate, have

acuired a domicile in any town withinPhilippine territory)

-t is understood that domicile is acuired byuninterrupted residence for two years in anylocality within Philippine territory, with an openabode and 5nown occupation, and contributing to

all the taxes imposed by the (ation)

The condition of being a %ilipino is lost inaccordance with law)

RT-+./ *) (o %ilipino or foreigner shall be

detained nor imprisoned except for the commissionof a crime and in accordance with law)

RT-+./ !) ll persons detained shall bedischarged or delivered to the 6udicial authoritywithin 24 hours following the act of detention) lldetentions shall be without legal effect, unless the

arrested person is duly prosecuted within *2 hoursafter delivery to a competent court) The accusedshall be duly notified of such proceeding within thesame period)

RT-+./ ") (o %ilipino shall be imprisoned

except by virtue of an order by a competent court)The order of imprisonment shall be ratified or


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confirmed within *2 hours following the said order,

after the accused has been heard)

RT-+./ 1=) (o one shall enter the dwellinghouse of any %ilipino or a foreigner residing in thePhilippines without his consent except in urgentcases of fire, inundation, earthua5e or similar dangers, or by reason of unlawful aggression from

within, or in order to assist a person therein whocries for help) Gutside of these cases, the entry intothe dwelling house of any %ilipino or foreignresident in the Philippines or the search of his papers and effects can only be decreed by acompetent court and executed only in the daytime)The search of papers and effects shall be madealways 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)


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RT-+./ 12) -n no case may correspondence

confided to the post office be detained or opened by government authorities, nor any telegraphic or telephonic message detained)


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as well as the personal and pecuniary penalties

which shall be imposed upon the person whoordered, executed or to be executed the illegaldetention or imprisonment)

RT-+./ 1#) (o one shall be temporarily or permanently deprived of rights or dstured in hisen6oyment thereof, except by virtue of 6udicial

sentence) The officials who, under any pretextwhatsoever, should violate this provision, shall be personally liable for the damages caused)

RT-+./ 1*) (o one shall be deprived of his property by expropriation except on grounds of

public necessity and benefit, previously declaredand 6ustified by proper authorities, andindemnifying the owner thereof prior toexpropriation)

RT-+./ 1!) (o one shall be obliged to pay any public tax which had not been approved by the

(ational ssembly or by local popular governments legally so authoried, and which isnot in the manner prescribed by the law)

RT-+./ 1") (o %ilipino who is in full en6oymentof his civil or political rights, shall be impeded in

the free exercise of said rights)


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RT-+./ 2=) (either shall any %ilipino be

deprived

1) Gf the right to freely express his ideas or opinions, orally or in writing, through theuse of the press or other similar means)

2) Gf the right of association for purposes of human life and which are not contrary to public morals$ and lastly

3) Gf the right to send petitions to theauthorities, individually or collectively)

The right of petition shall not be exercised throughany 5ind of armed force)

RT-+./ 21) The exercise of the rights providedfor in the preceding article shall be sub6ect togeneral provisions regulating the same)

RT-+./ 22) +rimes committed on the occasionof the exercise of rights provided for in this title,shall be punished by the courts in accordance withthe laws)

RT-+./ 23) ny %ilipino may establish and

maintain institutions of learning, in accordancewith the laws authoriing them) Public education


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shall be free and obligatory in all schools of the

nation)

RT-+./ 24) %oreigners may freely reside inPhilippine territory, sub6ect to legal dispositionsregulating the matter$ may engage in anyoccupation or profession for the exercise of whichno special license is reuired by law to be issued

by the national authorities)

RT-+./ 28) (o %ilipino who is in full en6oymentof his political and civil rights shall be impeded inhis right to travel freely abroad or in his right totransfer his residence or possessions to another

country, except as to his obligations to contribute tomilitary service or the maintenance of public taxes)

RT-+./ 2#) (o foreigner who has not beennaturalied may exercise in the Philippines anyoffice which carries with it any authority or 6urisdictional powers)

RT-+./ 2*) ll %ilipinos are obliged to defendhis country with arms when called upon by law,and to contribute to the expenses of the State in proportion to his means)

RT-+./ 2!) The enumeration of the rights provided for in this title does not imply the denialof other rights not mentioned)


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RT-+./ 2") The prior authoriation to prosecute

a public official in the ordinary courts is notnecessary, whatever may be the crime committed)

superior order shall not exempt a public officialfrom liability in the cases which constitute apparentand clear violations of constitutional precepts) -nothers, the agents of the law shall only be

exempted if they did not exercise the authority)

RT-+./ 3=) The guarantees provided for inrticles *, !, ", 1=, and 11 and paragraphs 1 and 2of rticle 2= shall not be suspended, partially or wholly, in any part of the Republic, except

temporarily and by authority of law, when thesecurity of the State in extraordinary circumstancesso demands)

hen promulgated in any territory where thesuspension applies, there shall be a special lawwhich shall govern during the period of the

suspension, according to the circumstances prevailing)

The law of suspension as well as the special law togovern shall be approved by the (ationalssembly, and in case the latter is in recess, the

9overnment shall have the power to decree thesame 6ointly with the Permanent +ommission,without pre6udice to convo5ing the ssembly


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without the least delay and report to it what had

been done)


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The President of the Republic shall convo5e the

ssembly, not later than the 18th day of pril)

RT-+./ 3!) -n extraordinary cases, he mayconvo5e the ssembly outside of the period fixed by law, as determined by the Permanent+ommission, and prolong its law'ma5ing, providedthe extended period does not exceed one month

and provided further that such extensions do notta5e place more than twice during the samelegislative term)

RT-+./ 3") The (ational ssembly, 6ointly withthe special Representatives, shall organie

committees for the organiation of the ssemblyand for the election of the new President of theRepublic, which shall be formed at least one month before the expiration of the term of office of theRepresentatives)

-n case of death or resignation of the President of

the Republic, the ssembly shall meet in session by its own right or by initiative of the President or of the Permanent +ommission)

RT-+./ 4=) -n the meantime that the newPresident has not been chosen, his functions shall

be exercised by the +hief 7ustice of the Supreme+ourt whose office shall be ta5en over by one of the 7ustices of the +ourt, in accordance with law)


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RT-+./ 41) ny session of the ssembly held

outside the period of ordinary legislature shall beunlawful and void) The case provided in rticle 3=and in which the ssembly has constituted itself into a Tribunal of 7ustice shall be excepted, but inthe latter case no other functions shall be exercisedexcept that pertaining to 6udicial functions)

RT-+./ 42) The sessions of the ssembly shall be public) epartmentSecretary)

The >epartment Secretaries shall have the right to be heard in the ssembly, upon their reuest, andthey may be represented in the discussion of certain bills by +ommissioners appointed bydecrees of the President of the Republic)

RT-+./ 44) The ssembly may constitute itself into a Tribunal of 7ustice to hear and determinecrimes committed against the security of the State


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by the President of the Republic and members of

the +ouncil of 9overnment, by the +hief 7ustice of the Supreme +ourt, and by the Solicitor 9eneral of the (ation, by means of a decree promulgating it,or by the Permanent +ommission, or by thePresident of the Republic upon petition of theSolicitor 9eneral or +ouncil of 9overnment)

The law shall determine the mode and manner of the accusation, instruction, and disposition of the proceedings)

RT-+./ 48) (o member of the ssembly shall be prosecuted nor held accountable for the opinions

expressed by him, nor by the vote ta5en by him inthe discharge of his office)

RT-+./ 4#) (o member of the ssembly shall be prosecuted criminally without authority of thessembly or of the Permanent +ommission towhich an immediate report of the facts shall be

made, for its proper action)

The imprisonment, detention, or apprehension of amember of the ssembly shall not be carried outwithout the prior authority of the same or by thePermanent +ommission) The moment the

ssembly is notified of the order of imprisonment,it shall incur liability if, within two days followingthe notification, it does not authorie the


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imprisonment or give sufficient reason upon which

the refusal is based)

RT-+./ 4*) The (ational ssembly shall havethe following additional powers

1) To approve Rules for its internalgovernment)

2) To examine the legality of the electionsand the legal ualifications of the electedmembers)

3) To elect its President, 0ice'Presidents, and

Secretaries)

Antil the ssembly has been dissolved,the President, 0ice'Presidents, andSecretaries shall continue to exercise their office for the period of four legislativeterms$ and

4) To accept the resignations of its membersand grant privileges in accordance withthe Rules)

RT-+./ 4!) (o bill shall become law without

having been voted on by the ssembly) To approvea bill, the presence in the ssembly of at least one'fourth of the total number of the members whose


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elections have been duly approved and ta5en the

oath of office shall be necessary)

RT-+./ 4") (o bill shall be approved by thessembly until after it has been voted upon as awhole and subseuently article by article)

RT-+./ 8=) The ssembly shall have the rightof censure, and each of the members the right of interpellation)

RT-+./ 81) The initiative in the presentation of bills belongs to the President of the Republic and tothe ssembly)

RT-+./ 82) ny member of the ssembly whoaccepts from the 9overnment any pension,employment, or office with salary, is understood tohave renounced his membership) %rom this shall beexcepted the employment as Secretary of the9overnment of the Republic and other offices

provided for by special laws)

RT-+./ 83) The office of Representatives shall be for a term of four years, and shall becompensated by a sum fixed by law, according tothe circumstances)

Those who absent themselves during the entire period of the legislative sessions shall not be


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entitled to any compensation$ but they may be

allowed to recover the right to compensationshould they attend subseuently)

TIT' IT *0ANNT CO00ISSION

RT-+./ 84) The ssembly, before ad6ournment,shall elect seven of its members to form thePermanent +ommission during the period of ad6ournment, which shall designate at its firstsession, the President and the Secretary)

RT-+./ 88) The Permanent +ommission, during

the ad6ournment of the ssembly, shall have thefollowing attributes

1) >eclare if there is sufficient cause to proceed against the President of theRepublic, the Representatives,>epartment secretaries, the +hief 7ustice

of the Supreme +ourt, and the Solicitor'9eneral in the cases provided by this+onstitution)

2) +onvo5e the ssembly to a specialsession in the cases where the latter

should constitute itself into a Tribunal of 7ustice)


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3) To act upon pending matters which

reuire proper action)

4) +onvo5e the ssembly in special sessionswhen the exigencies of the situation sodemand)

8) Supplement the powers of the ssemblyin accordance with the +onstitution,excepting the act of voting and approvinglaws)

The Permanent +ommission shall meet in sessionwhenever convo5ed by the presiding officer, in

accordance with this +onstitution)

TIT' IIT 5CUTI O4*

RT-+./ 8#) The /xecutive Power shall be vestedin the President of the Republic, who shall exerciseit through his >epartment Secretaries)

RT-+./ 8*) The administration of the particular interests of towns, provinces, and of the State shallcorrespond, respectively, to the Popular ssembles,the Provincial ssemblies, and to the

dministration in power, in accordance with thelaws, and observing the most liberal policy of decentraliation and administrative autonomy)


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TIT' III

T *SIDNT O# T *UB'IC

RT-+./ 8!) The President of the Republic shall be elected by absolute ma6ority of votes by thessembly and by the special Representatives,convened in chamber assembles)


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two'thirds of the members of the ssembly present

in a uorum) -f repassed in the manner indicated,the 9overnment shall promulgate same within tendays, with a manifestation of its non'conformity)The obligation is imposed upon the 9overnment if it allows twenty days to elapse without returningthe bill to the ssembly)

RT-+./ #3) hen the promulgation of a law has been declared urgent by express will of an absolutema6ority of votes of the ssembly, the President of the Republic may reuire the ssembly to re'approve same which cannot be refused, and if thesame bill is repassed, the President shall promulgate it within the legal period, without pre6udice to his ma5ing of record his non'conformity with the bill)

RT-+./ #4) The promulgation of laws shall bemade by publishing them in the official gaette of the Republic, and shall have the force of law thirty

days following such publication)

RT-+./ #8) The President of the Republic shallhave at his disposal the army and the navy, andmay declare war and ma5e and ratify treaties withthe prior consent of the ssembly)

RT-+./ ##) Treaties of peace shall not ta5eeffect until voted upon by the ssembly)


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RT-+./ #*) The President of the Republic, in

addition to his duty to execute the laws, shall

1) Supervise civil and military employees inaccordance with the laws)

2) ppoint the Secretaries of the9overnment)

3) >irect the diplomatic and commercialrelations with foreign powers)

4) See to it that 6ustice is duly and promptlyadministered throughout the Philippines)

8) 9rant pardon to convicted criminals inaccordance with the laws, except anyspecial provision relating to theSecretaries of the 9overnment)

#) Preside over all national functions andreceive ambassadors and accreditedrepresentatives of foreign powers)

RT-+./ #!) The President of the Republic may be authoried by special law

1) To alienate, transfer or exchange any portion of Philippine territory)


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2) To incorporate any other territory to the

Philippine territory)

3) To admit the stationing of foreign troopsin Philippine territory)

4) To ratify of alliance, defensive as well asoffensive, special treaties of commerce,those which stipulate to grant subsidies toa foreign power, and those which maycompel %ilipinos to render personalservice)

Secret treaties in no case may prevail over

the provisions of open treaties or treatiesmade publicly)

8) To grant general amnesties and pardons)

#) To coin money)

RT-+./ #") To the President belongs the power to issue regulations for the compliance andapplication of the laws in accordance with thereuisites prescribed in said laws)

RT-+./ *=) The President of the Philippines,

with the prior approval by ma6ority vote of theRepresentatives, may dissolve the ssembly before


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the expiration of its legislation term) -n this case,

new elections shall be called within three months)

RT-+./ *1) The President of the Republic may be held liable only for cases of high treason)

RT-+./ *2) The salary of the President of theRepublic shall be fixed by special law which maynot be changed except after the presidential termhas expired)

TIT' I5T SC*TA*IS O# 3O*N0NT

RT-+./ *3) The +ouncil of 9overnment iscomposed of one President and seven secretaries,each of whom shall have under his charge the portfolios of %oreign Relations, -nterior, %inance,ar and Carine, Public /ducation,+ommunications and Public or5s, andgriculture, -ndustry, and +ommerce)

RT-+./ *4) ll the acts done by the President of the Republic in the discharge of his duties shall besigned by the corresponding Secretary) (o publicofficial shall give official recognition to any actunless this reuisite is complied with)

RT-+./ *8) The Secretaries of 9overnment are 6ointly responsible to the ssembly for the general


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administration of the 9overnment, and individually

for their respective personal acts)

RT-+./ *#) -n order to exempt them fromresponsibility, when held guilty by the ssembly, a petition to this effect approved by absolutema6ority of the Representatives is necessary)

TIT' 5T 6UDICIA' O4*

RT-+./ **) To the +ourt correspondsexclusively the power to apply the laws, in thename of the (ation, in all civil and criminal trials)

The same codes of laws shall be appliedthroughout the Republic, without pre6udice tocertain variations according to circumstances asdetermined by law) -n all trials, civil, criminal, andadministrative, all citiens shall be governed byone code of laws and procedure)

RT-+./ *!) The courts of 6ustice shall not applygeneral local regulations, except when theyconform to the laws)

RT-+./ *") The exercise of 6udicial power shall be vested in one Supreme +ourt and in other courts

established by law) Their composition,organiation, and other attributes shall bedetermined by the laws creating them)


38/509


RT-+./ !=) The +hief 7ustice of the Supreme

+ourt and the Solicitor'9eneral shall be chosen bythe (ational ssembly in concurrence with thePresident of the Republic and the Secretaries of the9overnment, and shall be absolutely independentof the .egislative and /xecutive Powers)

RT-+./ !1) ny citien may file suit against any

member exercising the 7udicial Power for anycrime committed by them in the discharge of their office)

TIT' 5I*OINCIA' AND OU'A* ASS0B'IS

RT-+./ !2) The organiation and attributes of provincial and popular assemblies shall begoverned by their respective laws) These laws shallconform to the following principles

1) The government and management of the

particular interests of the province or townshall be discharged by their respectivecorporations, the principle of direct and popular elections being the basisunderlying each of them)

2) Publicity of their sessions, within thelimits provided by law)


39/509


3) Publication of all appropriations,

accounts, and agreements affecting same)

4) 9overnment interference and, in theabsence thereof, by the (ationalssembly, to prevent provinces andmunicipalities exceeding their powers andattributes to the pre6udice of the interest of

individuals and of the (ation at large)

8) Power of taxation shall be exercised to theend that provincial and municipal taxationdo not come into conflict with the power of taxation of the State)

TIT' 5IIAD0INIST*ATION O# T STAT

RT-+./ !3) The 9overnment shall submit everyyear to the ssembly a budget of expenditures andincome, indicating the changes made from those of

the preceding year, accompanying the same with a balance sheet as of the end of the year, inaccordance with law) This budget shall besubmitted to the ssembly within ten daysfollowing the commencement of its session)

RT-+./ !8) The 9overnment, in order todispose of the property and effects of the State, and


40/509


to borrow money secured by mortgage or credit of

the (ation, must be authoried by special law)

RT-+./ !#) Public debts contracted by the9overnment of the Republic, in accordance withthe provisions of this +onstitution, shall be under the special guarantee of the (ation)

(o debt shall be contracted unless the means of paying the same are voted upon)

RT-+./ !*) ll laws relating to income, publicexpenses, or public credits shall be considered as part of the appropriation and shall be published as

such)

RT-+./ !!) The ssembly shall determineevery year, upon the recommendation of thePresident of the Republic, the military forces byland and sea)

TIT' 5IIIA0ND0NT O# T CONSTITUTION

RT-+./ !") The ssembly, on its own initiativeor that of the President of the Republic, may propose amendments to the +onstitution, indicating

what rticle or rticles are to be amended)


41/509


RT-+./ "=) This proposal having been made,

the President of the Republic shall dissolve thessembly, and shall convo5e a +onstituentssembly which shall meet within three months) -nthe decree convo5ing the +onstituent ssembly,the resolution mentioned in the preceding rticleshall be inserted)

TIT' 5ICONSTITUTIONA' OBS*ANC,

OAT, AND 'AN3UA3

RT-+./ "1) The President of the Republic, the9overnment, the ssembly, and all %ilipino

citiens shall faithfully observe the provisions of the +onstitution$ and the .egislative Power, uponapproval of the ppropriations ct, shall examineif the +onstitution has been strictly complied withand whether violations, if any, have been dulycorrected and those responsible for the violationsheld liable)

RT-+./ "2) The President of the Republic andall other officials of the (ation shall not enter intothe discharge of their office without having ta5enthe prescribed oath) The oath of the President of theRepublic shall be ta5en before the (ationalssembly) The other officials of the (ation shallta5e their oath before the authorities determined bylaw)


42/509


RT-+./ "3) The use of languages spo5en in the

Philippines shall be optional) Their use cannot beregulated except by virtue of law, and solely for acts of public authority and in the courts) %or theseacts the Spanish language may be used in themeantime)

T*ANSITO* *OISIONS

RT-+./ "4) Ceanwhile and without pre6udice tothe provisions of rticle 4! and to the acts of thecommissions designated by the ssembly to

translate and submit to the same the organic laws inthe development and application of the rightsgranted to %ilipino citiens and for the governmentof public powers therein mentioned, the laws of theRepublic shall be considered those found existingin these islands before the emancipation of thesame)

The provisions of the +ivil +ode relating tomarriage and civil registry, suspended by the9overnor 9eneral of these islands$ the -nstructionsof pril 2#, 1!!! to carry into effect rticles **,*!, *", and !2 of said +ode$ the law on civil

registry of 7une 1*, 1!*= which refers to rticle332 of the same, and the Regulation of >ecember 13 following for the enforcement of this law,


43/509


without pre6udice to the +hiefs of towns continuing

to be in charge of inscriptions in the civil registryand intervening in the celebration of marriage between +atholics, shall also be deemed in forceand effect)

RT-+./ "8) -n the meantime that the lawsreferred to in the preceding rticle have not been

approved or enforced, the Spanish laws which saidarticle allows to be enforced provisionally may beamended by special law)

RT-+./ "#) Gnce the laws approved by thessembly have been promulgated in accordance

with rticle "4, the rticle "4, the 9overnment of the Republic shall have the power to issue decreesand regulations necessary for the immediateorganiation of the various organs of the State)

RT-+./ "*) The present President of theRevolutionary 9overnment shall assume later the

title of President of the Republic and shalldischarge the duties of this office until thessembly when convo5ed proceeds to the electionof one who shall definitely exercise the duties of the office)

RT-+./ "!) The present +ongress, composed of members by suffrage or by decree, shall last for four years, or for the duration of the present


44/509


legislative term commencing on the 18th of pril

of next year)

RT-+./ "") (otwithstanding the general ruleestablished in part 2 of rticle 4, in the meantimethat the country is fighting for its independence, the9overnment is empowered to resolve during theclosure of the +ongress all uestions and

difficulties not provided for in the laws, which giverise to unforeseen events, of which the Permanent+ommission shall be duly apprised as well as thessembly when it meets in accordance with this+onstitution)

RT-+./ 1==) The execution of rticle 8, Title--- shall be suspended until the constituentssembly meets in session) -n the meantime,municipalities which reuire spiritual ministry of a%ilipino priest may provide for his necessarymaintenance)

RT-+./ 1=1) (otwithstanding the provisions of rticles #2 and #3, bills returned by the Presidentof the Republic to the +ongress may not berepassed except in the legislature of the followingyear, this suspension being under the responsibilityof the President and his +ouncil of 9overnment)hen these conditions have been fulfilled, the promulgation of said laws shall be obligatorywithin ten days, without pre6udice to the President


45/509


ma5ing of record his non'conformity) -f the

reapproval is made in subseuent legislative terms,it shall be deemed law approved for the first time)

ADDITIONA' A*TIC'

ll the estates, edifices, and other property possessed by the religious corporations in theseislands shall be deemed restored to the PhilippineState as of Cay 24, 1!"! when the >ictatorial9overnment has been constituted in +avite)

&RSG-(, the twentieth of 7anuary, 1!"")

T"e res$ent o) t"e ConressP/>RG ) PT/R(G

T"e Secret%resP&.G T/+SG(P&.G G+CPG

guedo0elarde

lberto&arretto

mbrosioRianares&autista

ntonio.una

ntonio%eliciano

rcadio delRosario

riston&autista

riston9ella

rsenio+ru'


46/509


Teodoro .egarda .eon

>omingoSamson

/steban dela Rama

%elipe&uencamino

%elipe+alderon

%elix&autista

%elix %errerPascual

%ernando+aHon

9raciano+ordero

9regorioguilera

9regorioglipay


47/509


9onales

Caninang

Ierex

&urgos

9ome

CartineCanuel+alle6a

Carciano0) delRosario

Carianobella

Cariano.ope

Cariano+risostomo

Cartin9arcia

Cateo9utierreAbaldo

Cateo delRosario

Celecio%igueroa

Cena+risologo

CiguelJaragoa

(arciso


48/509


0icente

%o

0icente

9umanPagulayan

0icente

Somoa

0ito&elarmino

Presidency of the Revolutionary 9overnment of the Philippines) >) /milio guinaldo y %amy,President of the Revolutionary 9overnment of the

Philippines and +aptain 9eneral and +ommander'in'+hief of its rmy) Know all %ilipino citiensThat the ssembly of Representatives of thenation, by virtue of its sovereign power, hasdecreed and - have sanctioned the political+onstitution of the state)

Therefore

- command all the authorities, civil as well asmilitary, of whatever class or ran5, to 5eep it andcause it to be 5ept, complied with and executed inall its parts, because it is the sovereign will of the

%ilipino people)

>one at (a&o&os, on the t'enty-first of 0an"ary inthe year ei#hteen h"ndred and ninety-nine)

/S3D. 0I'IO A3UINA'DO

--- oOo ---


49/509



50/509


T

I'IIN

O*3ANIC ACT

O# 192


51/509


AN ACT T0O*A*I' TO *OID #O*

T AD0INIST*ATION O# T A##AI*SO# CII' 3O*N0NT IN TI'IIN IS'ANDS, AND #O* OT*

U*OSS

12 th Con#ress of the United States of 3erica$

First Session$ 4,5+

Be it enacted by the Senate and Ho"se of

Re%resentati!es of the United States of 3erica in

Con#ress asseb&ed$ That the action of the

President of the United States in creatin# the

Phi&i%%ine Coission and a"thori6in# said

Coission to e7ercise the %o'ers of #o!ernent

to the e7tent and in the anner and for and

s"b8ect to the re#"&ation and contro& set forth in

the instr"ctions of the President to the Phi&i%%ine

Coission$ dated 3%ri& se!enth$ nineteen

h"ndred$ and in creatin# the offices of Ci!i&

9o!ernor and :ice-9o!ernor of the Phi&i%%ine

Is&ands$ and a"thori6in# said Ci!i& 9o!ernor and

:ice-9o!ernor to e7ercise the %o'ers of

#o!ernent to the e7tent and in the anner and

for set forth in the E7ec"ti!e order dated 0"ne

t'enty-first$ nineteen h"ndred and one$ and is

estab&ishin# fo"r E7ec"ti!e )e%artents of #o!ernent in said Is&ands as set forth in the 3ct of

the Phi&i%%ine Coission entit&ed ;3n 3ct


52/509


%ro!idin# an or#anisation for the )e%artents of

the Interior$ of Coerce and Po&ice$ of Financeand 0"stice$ and of P"b&ic Instr"ction$< enacted

Se%teber si7th$ nineteen h"ndred and one$ is

hereby a%%ro!ed$ ratified$ and confired$ and "nti&

other'ise %ro!ided by &a' the said Is&ands sha&&

contin"e to be #o!erned as thereby and herein

%ro!ided$ and a&& &a's %assed hereafter by the

Phi&i%%ine Coission sha&& ha!e an enactin#

c&a"se as fo&&o's* ;By a"thority of the United

States$ be it enacted by the Phi&i%%ine

Coission*< The %ro!isions of section ei#hteen

h"ndred and ninety-one of the Re!ised Stat"tes of

ei#hteen h"ndred and se!enty ei#ht sha&& not a%%&y

to the Phi&i%%ine Is&ands*

F"t"re a%%ointents of Ci!i& 9o!ernor$ :ice-

9o!ernor$ ebers of said Coission and heads

of E7ec"ti!e )e%artents sha&& be ade by the

President$ by and 'ith the ad!ice and consent of

the Senate*

S/+T-G( 2) That the action of the President of the

Anited States heretofore ta5en by virtue of the

authority vested in him as +ommander in +hief of

the rmy and (avy, as set forth in his order of 7uly

twelfth, eighteen hundred and ninety'eight,whereby a land of duties and taxes as set forth by

said order was to be levied and collected at all


53/509


ports and places in the Philippine -slands upon

passing into the occupation and possession of theforces of the Anited States, together with the

subseuent amendments of said order, are hereby

approved, ratified, and confirmed, and the actions

of the authorities of the 9overnment of the

Philippine -slands ta5en in accordance with the

provisions of said order and subseuent

amendments, are hereby approved Provided, that

nothing contained in this section shall be held to

amend or repeal an ct entitled ?n ct

temporarily to provide revenue for the Philippine

-slands, and for other purposes,@ approved Carch

eighth, nineteen hundred and two)

S/+T-G( 3) That the President of the Anited

States, during such time as and whenever the

sovereignty and authority of the Anited States

encounter armed resistance in the Philippine

-slands, until otherwise provided by +ongress,

shall continue to regulate and control commercialintercourse with and within said -slands by such

general rules and regulations as he, in his

discretion, may deem more conducive to the public

interests and the general welfare)

S/+T-G( 4) That all inhabitants of the Philippine-slands continuing to reside therein who were

Spanish sub6ects on the eleventh day of pril,


54/509


eighteen hundred and ninety'nine, and then resided

in the Philippine -slands, and their children bornsubseuent thereto, shall be deemed and held to be

citiens of the Philippine -slands and as such

entitled to the protection of the Anited States,

except such as shall have elected to preserve their

allegiance to the +rown of Spain in accordance

with the provisions of the treaty of peace between

the Anited States and Spain signed at Paris

>ecember tenth, eighteen hundred and ninety'

eight)

S/+T-G( 8) That no law shall be enacted in

said-slands which shall deprive any person of life,

liberty, or property without due process of law, or

deny to any person therein the eual protection of

the laws)

That in all criminal prosecutions the accused shall

en6oy the right to be heard by himself and counsel,

to demand the nature and cause of the accusation

against him, to have a speedy and public trial, to

meet the witnesses face to face, and to have

compulsory process to compel the attendance of

witnesses in his behalf)

That no person shall be held to answer for acriminal offence without due process of law$ and


55/509


no person for the same offence shall be twice put in

6eopardy of punishment, nor shall be compelled inany criminal case to be a witness against himself)

That all persons shall before conviction be bailable

by sufficient sureties, except for capital offences)

That no law impairing the obligation of contractsshall be enacted)

That no person shall be imprisoned for debt)

That the privilege of the writ of habeas corpus shall

not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety

may reuire it, in either of which events the same

may be suspended by the President, or by the

9overnor, with the approval of the Philippine

+ommission, wherever during such period the

necessity for such suspension shall exist)

That no ex post facto law or bill of attainder shall

be enacted)

That no law granting a title of nobility shall be

enacted, and no person holding any office of profit

or trust in said -slands, shall without the consent of

the +ongress of the Anited States, accept any


56/509


present, emolument, office, or title of any 5ind

whatever from any 5ing, ueen, prince, or foreignState)

That excessive bail shall not be reuired, nor

excessive fines imposed, nor cruel and unusual

punishment inflicted)

That the right to be secure against unreasonable

searches and seiures shall not be violated)

That neither slavery, nor involuntary servitude,

except as a punishment for crime whereof the party

shall have been duly convicted, shall exist insaid-slands)

That no law shall be passed abridging the freedom

of speech or of the press, or the right of the people

peaceably to assemble and petition the 9overnment

for redress of grievances)

That no law shall be made respecting an

establishment of religion or prohibiting the free

exercise thereof, and that the free exercise and

en6oyment of religious profession and worship,

without discrimination or preference, shall forever

be allowed)


57/509


That no money shall be paid out of the Treasury

except in pursuance of an appropriation by law)

That the rule of taxation in said-slandsshall be

uniform)

That no private or local bill which may be enacted

into law shall embrace more than one sub6ect, andthat sub6ect shall be expressed in the title of the

bill)

That no warrant shall issue but upon probable

cause, supported by oath or affirmation, and

particularly describing the place to be searched andthe person or things to be seied)

That all money collected on any tax levied or

assessed for a special purpose shall be treated as a

special fund in the Treasury and paid out for such

purpose only)

S/+T-G( #) That whenever the existing

insurrection in the Philippine -slands shall have

ceased and a condition of general and complete

peace shall have been established therein and the

fact shall be certified to the President by the

Philippine +ommission, the President, upon being

satisfied thereof, shall order a census of the


58/509


Philippine -slands to be ta5en by said Philippine

+ommission$ such census in its inuiries relating tothe population shall ta5e and ma5e so far as

practicable full report for all the inhabitants, of

name, age, sex, race, or tribe, whether native or

foreign born, literacy in Spanish native dialect, or

language, or in /nglish, school attendance,

ownership of homes, industrial and social statistics,

and such other information separately for each

island, each province, and municipality, or other

civil division, as the President and said

+ommission may deem necessary Provided, that

the President may, upon the reuest of said

+ommission, in his discretion, employ the service

of the +ensus &ureau in compiling and promulgating the statistical information above

provided for, and may commit to such &ureau any

part or portion of such labour as to him may seem

wise)

S/+T-G( *) of general and complete peace withrecognition of the authority of the Anited States

shall have continued in the territory of said -slands

not inhabited by Coros or other non'+hristian

tribes and such facts shall have been certified to the

President by the Philippine +ommission, the

President upon being satisfied thereof shall direct+ommission to call, and the +ommission shall call,

a general election for the choice of delegates to a


59/509


popular assembly of the people of said territory in

the Philippine -slands, which shall be 5nown as thePhilippine ssembly) fter said ssembly shall

have convened and organised, all the legislative

power heretofore conferred on the Philippine

+ommission in all that part of said -slands not

inhabited by Coros or other non'+hristian tribes

shall be vested in a .egislature consisting of two


60/509

#= HISTORY OF THE PHILIPPINE CONSTITUTIONS

shall be chosen by the people every second year

thereafter) (o person shall be eligible to suchelection who is not a ualified elector of the

election district in which he may be chosen, owing

allegiance to the Anited States and twenty'five

years of age)

The .egislature shall hold annual sessions,commencing on the first Conday of %ebruary in

each year and continuing not exceeding ninety days

thereafter DSundays and holidays not includedF$

Provided, that the first meeting of the .egislature

shall be held upon the call of the 9overnor within

ninety days after the first election nd provided

further, that if at the termination of any session the

appropriations necessary for the support of

9overnment shall not have been made, an amount

eual to the sums appropriated in the last

appropriation bills for such purposes shall be

deemed to be appropriated$ and until the

.egislature shall act in such behalf the Treasurer may, with the advice of the 9overnor, ma5e the

payments necessary for the purposes aforesaid)

The .egislature may be called in special session at

any time by the +ivil 9overnor for general

legislation, or for action on such specific sub6ectsas he may designate) (o special session shall


61/509

#1 HISTORY OF THE PHILIPPINE CONSTITUTIONS

continue longer than thirty days, exclusive of

Sundays)

The ssembly shall be the 6udge of the elections,

returns, and ualifications of its members)

ma6ority shall constitute a uorum to do business,

but a smaller number may ad6ourn from day to day

and may be authorised to compel the attendance of absent members) -t shall choose its Spea5er and

other officers, and the salaries of its members and

officers shall be fixed by law) -t may determine the

rule of its proceedings, punish its members for

disorderly behaviour, and with the concurrence of

two'thirds expel a member) -t shall 5eep a 6ournal

of its proceedings, which shall be published, and

the yeas and nays of the members on any uestion

shall, on the demand of one'fifth of those present,

be entered on the 6ournal)

S/+T-G( !) That at the same time with the first

meeting of the Philippine .egislature, and

biennially thereafter, there shall be chosen by said

.egislature, each


62/509


Anited States at the rate of five thousand dollars

per annum, and two thousand dollars additional tocover all expenses Provided, that no person shall

be eligible to such election who is not a ualified

elector of said -slands, owing allegiance to the

Anited States, and who is not thirty years of age)

S/+T-G( ") That the Supreme +ourt and the+ourts of %irst -nstance of the Philippine -slands

shall possess and exercise 6urisdiction as heretofore

provided and such additional 6urisdiction as shall

hereafter be prescribed by the 9overnment of said

-slands, sub6ect to the power of said 9overnment to

change the practice and method of procedure) The

municipal courts of said -slands shall possess and

exercise 6urisdiction as heretofore provided by the

Philippine +ommission, sub6ect in all matters to

such alteration and amendment as may be hereafter

enacted by law$ and the +hief 7ustice and ssociate

7ustices of the Supreme +ourt shall hereafter be

appointed by the President, by and with the adviceand consent of the Senate, and shall receive the

compensation heretofore prescribed by the

+ommission until otherwise provided by +ongress)

The 6udges of the +ourt of %irst -nstance shall be

appointed by the +ivil 9overnor, by and with the

advice and consent of the Philippine +ommissionProvided, that the admiralty 6urisdiction of the


63/509


Supreme +ourt and +ourts of %irst -nstance shall

not be changed except by ct of +ongress)

S/+T-G( 1=) That the Supreme +ourt of the

Anited States shall have 6urisdiction to review,

revise, reverse, modify, or affirm the final

6udgments and decrees of the Supreme +ourt of the

Philippine -slands in all actions, cases, causes, and proceedings now pending therein or hereafter

determined thereby in which the +onstitution or

any statute, treaty, title, right, or privilege of the

Anited States is involved, or in causes in which the

value in controversy exceeds twenty'five thousand

dollars, or in which the title or possession of real

estate exceeding in value the sum of twenty'five

thousand dollars, to be ascertained by the oath of

either party or of other competent witnesses, is

involved or brought in uestion$ and such final

6udgments or decrees may and can be reviewed,

revised, reversed, modified, or affirmed by said

Supreme +ourt of the Anited States on appeal or writ of error by the party aggrieved, in the same

manner, under the same regulations, and by the

same procedure, as far as applicable, as the final

6udgments and decrees of the +ircuit +ourts of the

Anited States)

S/+T-G( 11) That the 9overnment of the

Philippine -slands is hereby authorised to provide


64/509


for the needs of commerce by improving the

harbours and navigable waters of said -slands andto construct and maintain in said navigable waters

and upon the shore ad6acent thereto bonded

warehouses, wharves, piers, light'houses, signal

and life'saving stations, buoys, and li5e

instruments of commerce, and to adopt and enforce

regulations in regard thereto, including bonded

warehouses wherein articles not intended to be

imported into said -slands nor mingled with the

property therein, but brought into a port of said

-slands for reshipment to another country may be

deposited in bond and reshipped to another country

without the payment of customs duties or charges)

S/+T-G( 12) That all the property and rights

which may have been acuired in the Philippine

-slands by the Anited States under the treaty of

peace with Spain, signed >ecember tenth, eighteen

hundred and ninety'eight, except such land or other

property as shall be designated by the President of the Anited States for military and other

reservations of the 9overnment of the Anited

States, are hereby placed under the control of the

9overnment of said -slands, to be administered for

the benefit of the inhabitants thereof, except as

provided in this ct)


65/509



Philippine -slands, sub6ect to the provisions of thisct and except as herein provided, shall classify

according to its agricultural character and

productiveness, and shall immediately ma5e rules

and regulations for the lease, sale, or other

disposition of the public lands other than timber or

mineral lands, but such rules and regulations shall

not go into effect or have the force of law until they

have received the approval of the President, and

when approved by the President they shall be

submitted by him to +ongress at the beginning of

the next ensuing session thereof and unless

disapproved or amended by +ongress at said

session they shall at the close of such period havethe force and effect of law in the Philippine

-slands Provided, that a single homestead entry

shall not exceed sixteen hectares in extent)


Philippine -slands is hereby authorised andempowered to enact rules and regulations and to

prescribe terms and conditions to enable persons to

perfect their title to public lands in said -slands,

who, prior to the transfer of sovereignty from Spain

to the Anited States, had fulfilled all or some of the

conditions reuired by the Spanish laws and royaldecrees of the Kingdom of Spain for the

acuisition of legal title thereto, yet failed to secure


66/509

## HISTORY OF THE PHILIPPINE CONSTITUTIONS

conveyance of title$ and the Philippine

+ommission is authorised to issue patents, withoutcompensation, to any native of said -slands,

conveying title to any tract of land not more than

sixteen hectares in extent, which were public lands

and had been actually occupied by such native or

his ancestors prior to and on the thirteenth of

ugust, eighteen hundred and ninety'eight)


Philippine -slands is hereby authorised and

empowered, on such terms as it may prescribe, by

general legislation, to provide for the granting or

sale and conveyance to actual occupants and

settlers and other citiens of said -slands such parts

and portions of the public domain, other than

timber and mineral lands, of the Anited States in

said -slands as it may deem wise, not exceeding

sixteen hectares to any one person and for the sale

and conveyance of not more than one thousand and

twenty'four hectares to any corporation or association of persons Provided, that the grant or

sale of such lands, whether the purchase price be

paid at once or in partial payments, shall be

conditioned upon actual and continued occupancy,

improvement, and cultivation of the premises sold

for a period of not less than five years, duringwhich time the purchaser or grantee can not

alienate or encumber said land or the title thereto$


67/509

#* HISTORY OF THE PHILIPPINE CONSTITUTIONS

but such restriction shall not apply to transfers of

rights and title of inheritance under the laws for thedistribution of the estates of decedents)

S/+T-G( 1#) That in granting or selling any part

of the public domain under the provisions of the

last preceding section, preference in all cases shall

be given to actual occupants and settlers$ and such public lands of the Anited States in the actual

possession or occupancy of any native of the

Philippine -slands shall not be sold by said

9overnment to any other person without the

consent thereto of said prior occupant or settler

first had and obtained Provided, that the prior right

hereby secured to an occupant of land, who can

show no other proof of title than possession, shall

not apply to more than sixteen hectares in any one

tract)

S/+T-G( 1*) That timber, trees, forests, and forest

products on lands leased or demised by the

9overnment of the Philippine -slands under the

provisions of this ct shall not be cut, destroyed,

removed, or appropriated except by special

permission of said 9overnment and under such

regulations as it may prescribe)


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#! HISTORY OF THE PHILIPPINE CONSTITUTIONS

ll moneys obtained from lease or sale of any

portion of the public domain or from licenses to cuttimber by the 9overnment of the Philippine -slands

shall be covered into the -nsular Treasury and be

sub6ect only to appropriation for insular purposes

according to law)

S/+T-G( 1!) That the forest laws and regulationsnow in force in the Philippine -slands, with such

modifications and amendments as may be made by

the 9overnment of said -slands, are hereby

continued in force, and no timber lands forming

part of the public domain shall be sold, leased, or

entered until the 9overnment of said -slands, upon

the certification of the %orestry &ureau that said

lands are more valuable for agriculture than for

forest uses, shall declare such lands so certified to

be agricultural in character Provided, that the said

9overnment shall have the right and is hereby

empowered to issue licenses to cut, harvest, or

collect timber or other forest products on reservedor unreserved public lands in said -slands in

accordance with the forest laws and regulations

hereinbefore mentioned and under the provisions

of this ct, and the said 9overnment may lease

land to any person or persons holding such

licenses, sufficient for a mill site, not to exceedfour hectares in extent, and may grant rights of way


69/509

#" HISTORY OF THE PHILIPPINE CONSTITUTIONS

to enable such person or persons to get access to

the lands to which such licenses apply)

S/+T-G( 1") That the beneficial use shall be the

basis, the measure, and the limit of all rights to

water in said -slands, and the 9overnment of said

-slands is hereby authorised to ma5e such rules and

regulations for the use of water, and to ma5e suchreservations of public lands for the protection of

the water supply, and for other public purposes not

in conflict with the provisions of this ct, as it may

deem best for the public good)

S/+T-G( 2=) That in all cases public lands in the

Philippine -slands valuable for minerals shall be

reserved from sale, except as otherwise expressly

directed by law)

S/+T-G( 21) That all valuable mineral deposits in

public lands in the Philippine -slands, both

surveyed and unsurveyed, are hereby declared to

be free and open to exploration, occupation, and

purchase, and the land in which they are found to

occupation and purchase, by citiens of the Anited

States, or of said -slandsProvided, that when on

any lands in said -slands entered and occupied as

agricultural lands under the provisions of this ct, but not patented, mineral deposits have been found,


70/509

*= HISTORY OF THE PHILIPPINE CONSTITUTIONS

the wor5ing of such mineral deposits is hereby

forbidden until the person, association, or corporation who or which has entered and is

occupying such lands shall have paid to the

9overnment of said -slands such additional sum or

sums as will ma5e the total amount paid for the

mineral claim or claims in which said deposits are

located eual to the amount charged by the

9overnment for the same as mineral claims)

S/+T-G( 22) That mining claims upon land

containing veins or lodes of uarts or other roc5 in

place bearing gold, silver, cinnabar, lead, tin,

copper, or other valuable deposits, located after the

passage of this ct, whether located by one or

more persons ualified to locate the same under the

preceding section, shall be located in the following

manner and under the following conditions ny

person so ualified desiring to locate a mineral

claim shall, sub6ect to the provisions of this ct

with respect to land which may be used for mining,enter upon the same and locate a plot of ground

measuring, where possible, but not exceeding, one

thousand feet in length by one thousand feet in

breadth, in as nearly as possible a rectangular form$

that is to say ll angles shall be right angles,

except in cases where a boundary line of a previously surveyed claim is adopted as common

to both claims, but the lines need not necessarily be


71/509

*1 HISTORY OF THE PHILIPPINE CONSTITUTIONS

meridional) -n defining the sie of a mineral claim,

it shall be measured horiontally, irrespective of ineualities of the surface of the ground)

S/+T-G( 23) That a mineral claim shall be

mar5ed by two posts placed as nearly as possible

on the line of the ledge or vein, and the posts shall

be numbered one and two, and the distance between posts numbered one and two shall not

exceed one thousand feet, the line between posts

numbered one and two to be 5nown as the location

line$ and upon posts numbered one and two shall

be written the name given to the mineral claim, the

name of the locator, and the date of the location)

Apon post numbered one there shall be written, in

addition to the foregoing, ?-nitial post,@ the

approximate compass bearing of post numbered

two, and a statement of the number of feet lying to

the right and to the left of the line from post

numbered one to post numbered two, thus ?-nitial

post >irection of post numbered two MMMMM feet of this claim lie on the right and MMMMM feet on the left

of the line from number one to number two post)@

ll the particulars reuired to be put on number

one and number two posts shall be furnished by the

locator to the provincial secretary, or such other

officer as by the Philippine 9overnment may bedescribed as mining recorder, in writing, at the time


72/509


the claim is recorded, and shall form a part of the

record of the sum claim)

S/+T-G( 24) That when a claim has been located

the holder shall immediately mar5 the line between

posts numbered one and two so that it can be

distinctly seen) The locator shall also place a post

at the point where he has found minerals in place,on which shall be written ?>iscovery post@

Provided, that when the claim is surveyed the

surveyor shall be guided by the records of the

claim, the s5etch plan on the bac5 of the

declaration made by the owner when the claim was

recorded, posts numbered one and two, and the

notice on number one, initial post)

S/+T-G( 28) That it shall not be lawful to move

number one post, but number two post may be

moved by the deputy mineral surveyor when the

distance between posts numbered one and two

exceeds one thousand feet, in order to place

number two post one thousand feet from number

one post on the line of location) hen the distance

between posts numbered one and two is less than

one thousand feet the deputy mineral surveyor shall

have no authority to extend the claim beyond

number two)


73/509


S/+T-G( 2#) That the ?location line@ shall govern

the direction of one side of the claim, upon whichthe survey shall be extended according to this ct)

S/+T-G( 2*) That the holder of a mineral claim

shall be entitled to all minerals which may lie

within his claim, but he shall not be entitled to

mine outside the boundary lines of his claimcontinued vertically downwardProvided, that this

ct shall not pre6udice the rights of claim owners

nor claim holders whose claims have been located

under existing laws prior to this ct)

S/+T-G( 2!) That no mineral claim of the full

sie shall be recorded without the application being

accompanied by an affidavit made by the applicant

or some person on his behalf cognisant of the facts

L that the legal notices and posts have been put up$

that mineral has been found in place on the claim

proposed to be recorded$ that the ground applied

for is unoccupied by any other person) -n the said

declaration shall be set out the name of the

applicant and the date of the location of the claim)

The words written on the number one and number

two posts shall be set out in full, and as accurate a

description as possible of the position of the claim

given with reference to some natural ob6ect or permanent monuments)


74/509


S/+T-G( 2") That no mineral claim which at the

date of its record is 5nown by the locator to be lessthan a full'sied mineral claim shall be recorded

without the word ?fraction@ being added to the

name of the claim, and the application being

accompanied by an affidavit or solemn declaration

made by applicant or some person on his behalf

cognisant of the facts That the legal posts and

notices have been put up$ that mineral has been

found in place on the fractional claim proposed to

be recorded$ that the ground applied for is

unoccupied by any other person) -n the said

declaration shall be set out the name of the

applicant and the date of the location of the claim)

The words written on the posts numbered one andtwo shall be set out in full, and as accurate a

description as possible of the position of the claim

given) s5etch plan shall be drawn by the

applicant on the bac5 of the declaration, showing

as near as may be the position of the ad6oining

mineral claims and the shape and sie, expressed infeet, of the claim or fraction desired to be

recordedProvided, that the failure on the part of

the locator of a mineral claim to comply with any

of the foregoing provisions of this section shall not

be deemed to invalidate such location, if upon the

facts it shall appear that such locator has actuallydiscovered mineral in place on said location, and

that there has been on his part a bona fide attempt


75/509


to comply with the provisions of this ct, and that

the non'observance of the formalities hereinbeforereferred to is not of a character calculated to

mislead other persons desiring to locate claims in

the vicinity)

S/+T-G( 3=) That in cases where, from the nature

or shape of the ground, it is impossible to mar5 thelocation line of the claim as provided by this ct,

then the claim may be mar5ed by placing posts as

nearly as possible to the location line, and noting

the distance and direction such posts may be from

such location line, which distance and direction

shall be set out in the record of the claim)

S/+T-G( 31) That every person locating a mineral

claim shall record the same with the provincial

secretary or such other officer as by the

9overnment of the Philippine -slands may be

described as mining recorder of the district within

which the same is situated, within thirty days after

the location thereof) Such record shall be made in a

boo5 to be 5ept for the purpose in the office of the

said provincial secretary or such other officer as by

said 9overnment described as mining recorder, in

which shall be inserted the name of the claim, the

name of each locator, the locality of the mine, thedirection of the location line, the length in feet, the

date of location, and the date of the record) claim


76/509

*# HISTORY OF THE PHILIPPINE CONSTITUTIONS

which shall not have been recorded within the

prescribed period shall be deemed to have beenabandoned)

S/+T-G( 32) That in case of any dispute as to the

location of a mineral claim the title to the claim

shall be recognised according to the priority of

such location, sub6ect to any uestion as to thevalidity of the record itself and sub6ect to the

holder having complied with all the terms and

conditions of this ct)

S/+T-G( 33) That no holder shall be entitled to

hold in his, its or their own name or in the name of

any other person, corporation or association more

than one mineral claim on the same vein or lode)

S/+T-G( 34) That a holder may at any time

abandon any mineral claim by giving notice, in

writing, or such intention to abandon, to the

provincial secretary or such other officer as by the

9overnment of the Philippine -slands may be

described as mining recorder$ and from the date of

the record of such notice all his interest in such

claim shall cease)

S/+T-G( 38) That proof of citienship under the

clauses of this ct relating to mineral lands may


77/509

** HISTORY OF THE PHILIPPINE CONSTITUTIONS

consist in the case of an individual, of his own

affidavit thereof$ in the case of an association of persons unincorporated, of the affidavit of their

authorised agent made on his own 5nowledge or

upon information and belief, and in case of a

corporation organised under the laws of the Anited

States, or of any State or Territory thereof, or of the

Philippine -slands, by the filing of a certified copy

of their charter or certificate of incorporation)

S/+T-G( 3#) That the Anited States Philippine

+ommission or its successors may ma5e

regulations, not in conflict with the provision of

this ct, governing the location, manner of

recording, and amount of wor5 necessary to hold

possession of a mining claim, sub6ect to the

following reuirements

Gn each claim located after the passage of this ct,

and until a patent has been issued therefore, not

less than one hundred dollarsN worth of labour shall

be performed or improvements made during each

year Provided, that upon a failure to comply with

these conditions the claim or mine upon which

such failure occurred shall be open to relocation in

the same manner as if no location of the same had

ever been made, provided that the original locators,their heirs, assigns, or legal representatives have

not resumed wor5 upon the claim after failure and


78/509

*! HISTORY OF THE PHILIPPINE CONSTITUTIONS

before such location) Apon the failure of any one

of several co'owners to contribute his proportion of the expenditures reuired thereby, the co'owners

who have performed the labour or made the

improvements may, at the expiration of the year,

give such delinuent co'owner personal notice in

writing or notice by publication in the newspaper

published nearest the claim, and in two newspapers

published at Canila, one in the /nglish language

and the other in the Spanish language, to be

designated by the +hief of the Philippine -nsular

&ureau of Public .ands, for at least once a wee5

for ninety days, and, if at the expiration of ninety

days after such notice in writing or by publication

such delinuent shall fail or refuse to contribute his proportion of the expenditure reuired by this

section his interest in the claim shall become the

property of his co'owners who have made the

reuired expenditures) The period within which the

wor5 reuired to be done annually on all

unpatented mineral claims shall commence on thefirst day of 7anuary succeeding the date of location

of such claim)

S/+T-G( 3*) That a patent for any land claimed

and located for valuable mineral deposits may be

obtained in the following manner ny person,association, or corporation authorised to locate a

claim under this ct, having claimed and located a


79/509

*" HISTORY OF THE PHILIPPINE CONSTITUTIONS

piece of land for such purposes, who has or have

complied with the terms of this ct may file in theoffice of the provincial secretary, or such other

officer as by the 9overnment of said -slands may

be described as mining recorder of the province

wherein the land claimed is located, an application

for a patent, under oath showing such compliance,

together with a plat and field notes of the claim or

claims in common, made by or under the direction

of the +hief of the Philippine -nsular &ureau of

Public .ands

Documents

Constitutions of the Philippines