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1899 Malolos Constitution

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

The 1899 Malolos Constitution establishes the Philippine Republic as a free, independent nation whose sovereignty lies with the people. It defines the separation of legislative, executive, and judicial powers, enumerates individual rights, and sets out the structures for the Assembly, President, and courts.

Who it affects: All persons within the Philippine Republic, including Filipino citizens, naturalized foreigners, and resident foreigners.

Key provisions

  • Sovereignty and Nationhood. All Filipinos together form a nation called the Philippine Republic, which is free, independent, and whose sovereignty belongs exclusively to the people. [Art. 1, Art. 2, Art. 3]
  • Separation of Powers. Government power is divided into three separate branches—legislative, executive, and judicial—and no two branches may be combined in one person or body. [Art. 4]
  • Freedom of Religion and Church‑State Separation. The State recognizes the freedom and equality of all religions and keeps the Church separate from the State. [Art. 5]
  • Who Is a Filipino. A Filipino is anyone born in the Philippines, a child of Filipino parents born abroad, a naturalized foreigner, or a foreigner who has lived continuously for two years, paid taxes, and established domicile in the Philippines. [Art. 6]
  • Protection Against Unlawful Detention. No person may be detained or imprisoned except for a crime, and anyone detained must be presented to a judicial authority within 24 hours and prosecuted within 72 hours. [Art. 7, Art. 8, Art. 9]
  • Search of Dwellings and Privacy of Correspondence. A home may not be entered without consent except in emergencies or with a court order; mail, telegrams, and telephone messages cannot be opened unless a court authorizes it in the sender’s presence. [Art. 10, Art. 12]
  • Freedom of Speech, Press, and Association. Filipinos may freely express ideas, associate, and petition the government, provided they do not use armed force. [Art. 20]
  • Legislative Process. Laws are made only by the Assembly of Representatives; a bill must be voted on by at least one‑fourth of members present and approved by a majority before it becomes law. [Art. 48, Art. 53]
  • Presidential Election and Term. The President is elected by an absolute majority of votes from the Assembly and special Representatives, serves a four‑year term, and may be re‑elected. [Art. 58]
  • Amending the Constitution. Either the Assembly or the President may propose amendments; the President then dissolves the Assembly and calls a Constituent Assembly to consider the changes within three months. [Art. 89, Art. 90]

Common questions

Who is considered a Filipino under the Malolos Constitution?
A Filipino is anyone born in the Philippines, a child of Filipino parents born abroad, a naturalized foreigner, or a foreigner who has lived continuously for two years, paid taxes, and established domicile in the Philippines. [Art. 6]
What rights protect me from illegal arrest or imprisonment?
You cannot be detained or imprisoned except for a crime; you must be presented to a judicial authority within 24 hours, and any prosecution must begin within 72 hours of detention. [Art. 7, Art. 8, Art. 9]
Can the government search my home or read my mail without a warrant?
No. Entry into a dwelling requires the owner's consent, an emergency, or a court order issued for daytime searches and conducted in the presence of the occupant or witnesses. Mail, telegrams, and telephone messages cannot be opened unless a court authorizes it in the sender’s presence. [Art. 10, Art. 12]
What freedoms of expression and association are guaranteed?
Filipinos have the right to freely express ideas orally or in writing, to associate for lawful purposes, and to petition the authorities, as long as they do not use armed force. [Art. 20]
How are laws enacted in the Republic?
Only the Assembly of Representatives can pass laws. A bill must be voted on by at least one‑fourth of the members present, approved by a majority, and then promulgated by the President. [Art. 48, Art. 53]
How is the President chosen and how long do they serve?
The President is elected by an absolute majority of votes from the Assembly and special Representatives, serves a four‑year term, and may be re‑elected. [Art. 58]
What is the process for amending the Constitution?
Either the Assembly or the President can propose amendments. Once proposed, the President dissolves the Assembly and convenes a Constituent Assembly, which must meet within three months to consider the amendment. [Art. 89, Art. 90]
Can taxes be imposed without the Assembly’s approval?
No. No public tax may be levied unless it has been approved by the National Assembly or by legally authorized local governments. [Art. 18]

Legal information, not legal advice

Tatsulok checks that this text faithfully reproduces its published source, but Tatsulok is not an official publisher and does not independently verify whether the text is currently in force, amended, or repealed. Always confirm against an official source, such as the Official Gazette or the issuing government authority, before relying on it. This is legal information for study, not legal advice. For your situation, consult a lawyer or Philippine legal aid.