QuestionsQuestions (MALOLOS CONSTITUTION)
Sovereignty resides exclusively in the people (Art. 2/Art. 3).
The powers are the legislature, executive, and judicial; no two or more may be vested in one person or corporation, and legislative power cannot be entrusted to a single individual (Art. 4).
It recognizes freedom and equality of religious worship and establishes separation of church and state (Art. 5).
Those born in Philippine territory; children of a Filipino father or mother even if born abroad; foreigners who obtain naturalization; and foreigners who acquire residence (vecindad) in a town of Philippine territory under the stated rules (Art. 6).
Residence is acquired by staying two years without interruption in any locality, having an open abode and known mode of living, and contributing to the charges of the nation (Art. 6).
Arrest/imprisonment may be only for reason of a crime and in accordance with law (Art. 7). Detained persons must be released or delivered to judicial authority within 24 hours (Art. 8) and processes must be completed within prescribed time limits including confirmation/hearing (Arts. 8-9).
No Filipino shall be imprisoned except by virtue of a writ issued by a competent judge; the decree/writ must be ratified/confirmed after the presumed criminal is heard within 72 hours following commitment (Art. 9).
Only in urgent cases such as fire, flood, earthquake, or similar danger; unlawful aggression from within; or to assist someone calling for help. Otherwise, entrance and search papers/effects require a competent judge’s decree and must be executed in daytime, with safeguards such as presence of interested party/family or witnesses (Art. 10). In cases of flagrante pursuit, entry is allowed only for apprehension; if refuge is in another’s domicile, request must first be made (Art. 10).
Correspondence confined to the post-office cannot be detained or opened by government authorities; telegraph/telephone correspondence likewise cannot be detained. However, a competent judge may order detention and mail correspondence may be opened in the presence of the accused (Art. 12).
If decrees lack cause, or if causes are declared unlawful or manifestly insufficient, the detained person may demand liabilities that ensue (Art. 13).
No person shall be prosecuted or sentenced except by a judge/tribunal with jurisdiction under laws in force prior to the commission of the crime, and in the form prescribed by those laws (Art. 14).
Persons detained or imprisoned without legal formalities, outside prescribed cases, shall be discharged upon their petition or that of any Filipino. Laws determine the procedure and liabilities of the person who ordered/executed the illegal detention/imprisonment (Art. 15).
Deprivation of property or rights (temporarily or permanently) or disturbance in possession may occur only by judicial sentence; violators are personally responsible for damages (Art. 16). Deprivation of property requires public necessity and welfare, previously justified and declared by the proper authority, and payment of indemnity to the owner prior to expropriation (Art. 17).
No person may be required to pay a tax not voted upon by the Assembly or by authorized public corporations, and whose assessment is not made in the form prescribed by law (Art. 18).
Free enjoyment of civil/political rights (Art. 19); rights to express ideas and opinions, join associations not contrary to public morals, and petition government/public authorities (Art. 20); subject to general regulations (Art. 21); and crimes committed on the occasion of exercising granted rights are punished under ordinary laws (Art. 22).
No person shall be tried under a special law or by special tribunals (Art. 31).