CONTROVERSY OVER A CONSTITUTION

ByA.OliverFlores

WHEN Aguinaldo convened the Malolos Congress on Sept. 15, 1898, that Assembly braced itself for what go down in history as its most outstanding achievement: the framing of the Constitution of the First Philippine Republic.

The task of formulating a Charter by which the Republic would henceforth be guided, pitted two of the most brilliant minds of the Congress against each other: Apolinario Mabini and Felipe Calderon.

Calderon, a lawyer from Tanza, Cavite, was selected to head the draft committee. But at the very start Mabini was opposed to the Apolinario Mabini drafting of a constitution. He thought the idea premature. because of the unsettledconditionsofthetime.Thecountrywasvirtuallyinastateofwar referringtotheimpendingconflictbetweentheFilipinosandtheAmericanswho hadignoredFilipinorepresentationintheprojectednegotiationswithadefeated Spain.

Besides, Mabini further argued, the Congress did not have the power to promulgatelaws Thebody'sfunctionwasadvisory,itwasexpectedtogoallthe waywithAguinaldo,asMabinihadenvisioned(accordingtoFilipinohistorian TeodoroAgoncillo)intheDecreeofJune23,1898,whichineffectbestowed upontheRevolutionarygovernmentaprovisionalconstitution.

TwoDrafts

But because Aguinaldo had previously given recognition to the Congress as a "constituting assembly," Calderon went ahead with the plan of drafting a constitution. Seeing that a charter would have to be promulgated just the same, Mabini came forth with his own plan called the Constitutional Program (which was executive-centered) as a foil to Calderon's draft which was "legislative centered." A third plan submitted by Pedro A. Paterno, the Congress president, was summarily shelved by the draft committee because it smacked too much of the Spanish Constitution of 1868 (That, of course, was to be expected of Paterno, since he had always been Spain- oriented, as witness his mediation role in the ill-fated Pact of Biaknabato).

Mabini's version of a constitution was likewise set aside, since Calderon and followers - ilustrados all were clearly in the majority. (As a matter of fact, the composition of the Congress was overwhelmingly ilustrado the term for the educated and well-off segment of Filipino society at the time) Congress deliberation of the Calderon draft lasted almost a month, as it had to be read and discussed article by article. There was not much argument, though, except on that part which touched on religion Article 5 under Title III stated that "The nation shall protect the cult and ministers of the Roman Catholic Apostolic religion which is the religion of the State, and shall not use its revenues for the expenses of any other cult."

In advocating a state religion, Calderon unconsciously allowed his Catholic sentiments - or prejudices - to surface. Born into a devout Catholic family (his grandesire was a Spaniard), Calderon during the Malolos convention sincerely believed that his colleagues would not resent the idea of a union between State and Church since most of them were Catholics. But when delegate Tomas del Rosario stood to voice his objection in a five- hour speech (probably the first Congressional filibuster on record), the Calderon- sponsored union of laity and clergy was dissolved. The amendment on the subject of religion which was approved by an absolute majority read:

"Article 5- The State recognizes the freedom and equality of all religions, as well as the separation of the Church and State "

Mabini'sCritique

Significantly, Mabini agreed with Calderon's idea of Church-State union - but only temporarily. By no means did it imply that Mabini had religious preferences (he was a Mason); he was only being practical, since he knew (as did Calderon) that it would not be wise at the moment to antagonize the Filipino clergy who were one in supporting Aguinaldo's administration. In the end, Mabini succeeded in inserting into the Calderon draft (after its approval by the Congress) a clause which called for a temporary suspension of the separation of Church and State.

What Mabini objected to was the emphasis in the charter which gave the legislative too much power and reduced the President to a mere figurehead. For instance, it would be the Congress which would elect the President, with the concomittant power to impeach the latter

Then there is the provision which empowers the legislative to create a Permanent Commission (7 members to be elected by the Congress) which would function as a tribunal in brief, this Commission would watch over the actuations of the President and other high government officials and decide whether one is guilty of high treason or not. Furthermore, this Commission could call for a special convocation of the Congress when the latter is not in regular session Even the Presidential Cabinet is responsible to the legislative, and not to the executive. And every Presidential Act was made subject to the concurrence of the Cabinet man involved

Calderon's motive in drawing away powers from the executive and investing them in the legislative sprang from fear of the military which predominated in the Aguinaldo regime. There had been reported cases of abuses by Filipino officers and their men.