Law Summary
Structure of Government
- The government is popular, representative, alternative, and responsible.
- Power is divided into three distinct branches: legislative, executive, and judicial.
- No individual or corporation may hold more than one branch of power.
Religious Freedom and Separation
- The state recognizes freedom and equality of religious worship.
- There is a clear separation of church and state.
Definition of Filipinos and Citizenship
- Filipinos include persons born in Philippine territory, persons born abroad to Filipino parents, naturalized foreigners, and those who have established residence for two continuous years with open abode and known living mode.
- Citizenship can be lost according to law.
Rights Concerning Arrest, Detention, and Searches
- Arrests and imprisonment only permissible for legally recognized crimes.
- Detained persons must be released or presented to judicial authorities within 24 hours.
- Arrest without effect if not carried to commitment in 72 hours.
- No domiciliary searches without consent or judicial warrant except under emergency or pursuit of a fleeing offender.
- Correspondence via mail, telegraph, or telephone is protected but may be detained or opened by judicial order.
- Guarantees and rights during detention and arrest include timely notice and judicial oversight.
Protection of Property and Due Process
- No person shall be deprived of property or rights without judicial sentence.
- Expropriation allowed only for public necessity with prior indemnity.
- Taxes must be legally voted and properly assessed.
Civil and Political Rights
- Freedom to express ideas and opinions freely, join associations, and petition government without armed force.
- Rights subject to regulations and laws but must be respected.
- Popular education is obligatory and free.
- Foreigners may establish residence and practice professions not requiring local certification.
Limitations and Obligations
- No Filipino can be forced to change residence without judgment.
- Foreigners not naturalized cannot hold public office involving authority.
- Defense of the country is an obligation of every Filipino when called upon.
Legislative Power and Assembly
- Legislative authority vested in an Assembly of Representatives.
- Assembly members represent the whole nation, not only the electors.
- Assembly meets annually, with provisions for special sessions and dissolution.
- Assembly sessions are public but may be secret under certain conditions.
- Bills require majority approval and must be considered article by article.
President of the Republic
- Elected by Assembly with absolute majority for a four-year term; re-election allowed.
- Has initiative on laws, promulgates and supervises their execution.
- Commands the military, negotiates treaties with Assembly consent.
- Holds specific prerogatives including appointments, pardons, and diplomatic relations.
- Requires assembly approval for territorial changes, foreign troop admission, treaties affecting individual Filipinos, amnesties, and coining money.
- May dissolve Assembly with assembly concurrence and order elections within three months.
Executive Council (Secretaries)
- Comprised of President and seven Secretaries overseeing designated government portfolios.
- Secretaries jointly and individually responsible to Assembly for government policy and personal acts.
- Subject to prosecution and judgment by Assembly.
Judicial Power
- Exerted exclusively by courts, governed by Unified legal codes.
- Supreme Court and other tribunals established by law.
- Judicial officials appointed by Assembly, executive, and secretaries; enjoy independence.
- Citizens may bring public actions against judicial officers for official misconduct.
Local Government and Autonomy
- Provincial and municipal assemblies organized under law with popular elections.
- Sessions are public and budgets/accounts must be published.
- Oversight by government and Assembly to prevent abuse of local powers.
State Finances and Administration
- Government must present annual budget and accounting to Assembly.
- Payments governed strictly by appropriations law.
- Disposal of state property or contracting loans requires legal authorization.
- Public debt secured by the nation; expenditures and credits published.
- Military forces determined yearly by Assembly upon President's recommendation.
Constitutional Amendments
- Amendment initiated by Assembly or President recommendation.
- Assembly dissolved and constituent assembly convened for constitutional revisions.
Observance of Constitution and Official Languages
- All officials and citizens to faithfully observe the Constitution.
- Oath of office required before assumption of duty.
- Spanish used in official acts initially; regulation of languages by law.
Transitory Provisions and Implementation
- Existing Spanish laws provisionally remain in force before new laws enacted.
- Government authorized to issue decrees to organize state organs during transition.
- Revolutionary government's President assumes formal title and office until elected.
- Congress term fixed for four years; government authorized to issue decrees during recess.
- Certain provisions on religious appointments suspended until constituent assembly convenes.
- Laws returned by President to Congress have special reconsideration processes outlined.
- Religious corporation properties considered restored to the state as of May 24, 1898.