Question & AnswerQ&A (MALOLOS CONSTITUTION)
According to Article 1 of the Malolos Constitution, the political association of all Filipinos constitutes a nation called the Philippine Republic.
Yes, Article 2 declares that the Philippine Republic is free and independent.
Article 3 states that sovereignty resides exclusively in the people.
Article 4 provides that the government is popular, representative, alternative, and responsible, exercised by three distinct powers: the legislature, the executive, and the judicial. No two or more of these powers shall be vested in one person or corporation.
Article 5 recognizes the freedom and equality of religious worships and establishes the separation of the church and the state.
Article 6 defines Filipinos as: all persons born in Philippine territory, children of Filipino parents born outside the Philippines, foreigners naturalized, and those who have acquired residence (vecindad) in the Philippines by staying two years without interruption, maintaining an open abode, known mode of living, and contributing to national charges.
Articles 7 to 9 provide that no Filipino or foreigner shall be arrested or imprisoned except for a crime and in accordance with the law, with specific time limits on detention and requirement of judicial authorization (writ).
Article 10 protects against entry into domiciles without consent except in urgent cases or with a judge's decree executed in daytime presence of interested parties or witnesses. Exceptions exist for offenders caught in flagrante who may take refuge in their domicile.
Article 12 prohibits detention or opening of correspondence unless authorized by a decree of a competent judge, and such opening must be in the presence of the accused.
Articles 16 and 17 require that deprivation of property can only be by judicial sentence or by law for public necessity after paying indemnity prior to expropriation.
Article 20 guarantees the rights to freely express ideas and opinions, use of the press, join associations for lawful purposes, and petition government departments individually or collectively.
Articles 33 to 53 detail the Assembly's legislative power, representation, sessions, privileges, and internal governance. No law can be passed without Assembly approval, and Representatives may not receive government employment without renouncing their seat.
Articles 58 to 72 provide that the President is elected by absolute majority of the Assembly and special Representatives for four years, may be re-elected, has legislative initiative, promulgates laws, commands armed forces, declares war and ratifies treaties with Assembly consent, and is only criminally responsible for high treason.
Articles 73 to 76 state the council of government includes seven Secretaries responsible for specific portfolios. They are individually accountable to the Assembly for their acts and jointly responsible for general government policy.
Articles 77 to 81 provide that judicial power is exclusively exercised by the courts, including the Supreme Court and tribunals prescribed by law, independent from the legislative and executive branches.
Articles 45 and 46 protect Assembly members from prosecution without prior authorization from the Assembly or its permanent commission, and prevent their detention or imprisonment except with such authorization, with remedies provided for wrongful detention.