TheSagaofthe MALOLOS CONGRESS

By Dr. Francisco Villanueva Jr.

IT was early morning of September 29, 1898. The vestry of the old church of Barasoain, converted into an official public building to house the Congress of the Philippine Revolutionary Government, was teeming with the best brains of the country.

You could see there former friends and companions of Rizal in Europe - Antonio Luna, Benito Legarda, Ceferino de Leon, Jose Albert, Jose Alejandrino and Teodoro Sandiko: lawyers- Felipe Calderon Ambrosio Rianzares Bautista, Arsenio Cruz Herrera, Felipe Buencamino, Sr., Hipolito Magsalin. Hugo Ilagan, Ignacio Villamor, Isidro Paredes, Perfecto Gabriel, Sotero Laurel, Simplicio del Rosario; artistsMelecio Figueroa and Miguel Zaragoza: writers and scholars-Pedro A Paterno Fernando Canon, Trinidad H. Pardo de Tavera, Pablo Ocampo, Salvador Vicencio del Rosario; economists and businessmen - Benito Legarda. Esteban de la Rama, Alberto Barretto, Jose Basa, Juan Tuazon, Mariano Lopez, Telesforo Chuidian; physicians - Jose Albert, Justo Lukban, Santiago Barcelona: botanist - Leon Maria Guerrero; and labor leader -Jose Turiano Santiago. Over there also were Gregorio Aglipay, founder and highest Bishop of the Philippine Independent Church; Manuel Xeres Burgos, nephew of Father Jose Burgos, the innocent martyred priest who was sacrificed at the Luneta on February 17, 1872. However, most conspicuous and outstanding in the crowd, was Pedro Alejandro Paterno, poet, lawyer, diplomat and negotiator of the Biak-na- Bato Peace Covenant, who was elected President of the Congress.

The first Philippine Republic of 1898, which lasted for only two years, was shortlived, but phoenix-like, it was to rise from its embers almost fifty years later, stronger than ever enact a new Constitution for the Philippines and to create a new nation and a new republic of, by, and for the Filipinos; and as a legislative body to enact necessary laws and statutes to cope with critical conditions during periods of emergency in the islands.

Weeks before the Congress, there was a bloody encounter between the Americans and the Spaniards in Manila Bay. The well-equipped and large fleet of American Admiral George Dewey bombarded the obsolete cruisers of Spanish Admiral Patricio Montojo. The Spanish warships with dead Spanish and Filipino sailors sank. Prisoners died in jails or were executed in public squares. Their widows and orphans in abandoned homes were crying for mercy. The widows and orphans focused their attention on the Malolos confab, longing and hoping that this constitutional body would enact measures to establish peace and or- to safeguard private homes against illegal ches and to protect private properties against unlawful seizures by the Spanish civil guards.

Independence was signed only by Americans while that of the Philippines was signed by Filipinos as well as by Colonel L. Johnson, artillery officer of the American Army, who was in Cavite then.

PhilippineConstitution

For more than one month, Congress discussed the draft of a constitution written by Attorney Felipe G. Calderon, chairman of a committee of nineteen lawyers. The new Constitution provided for the creation of the new Philippine Republic.

FreedomofWorship

When the charter reached the floor of Congress, it contained the essential elements of a true organic and fundamental law of the land - the division of the powers of government into executive, legislative, and judicial; the bill of rights; and the safeguards for the proper and legal functioning of the new and free Philippine Republic, with its powers and duties, organs and agencies and the rights of the free citizens protected against and promulgation. But Apolinario Mabini, Prime Minister of the Cabinet, advised Aguinaldo to disapprove the new organic charter on the ground that it was against the policies of the national leader of the government.

The new Constitution had established the parliamentary form of government and the supremacy of Congress over the executive and judicial branches of the government. Calderon followed the constitution of France, Belgium, Spain, Costa Ri- ca Colombia, Chile, Mexico, and other Latin- American countries.

Mabini stood in favor of the presidential system, like that of the United States However, the parliamentarians steadfastly rejected the objections and protests of Mabini. The Constitution was returned to Congress for changes and amendments, which were turned down. The Congress upheld the Constitution, as reported on October 8, 1898, and, finally approved it on November 29, 1898.

There were fears that the constitutional project would be lost forever Would Aguinaldo approve and sign it? Would the Philippine Nation be born? Would the Philippine Republic be saved? For about two months members of Congress and of the Cabinet were seized with fears of a forthcoming failure and disaster

However, prudent and reasonable minds succeeded to convince General Aguinaldo to sign and approve the new Constitution in order to make his revolutionary government truly effective and really representative of the Filipino people.

Thus, President Aguinaldo signed and approved the Constitution and proclaimed it on January 21, 1899. With this providential attitude, Aguinaldo saved the Philippine Nation and the Philippine Republic.

Birth of the Republic

Two days after the signing of the Philippine Constitution, General Emilio Aguinaldo, on January 23, took his oath of office before Pedro Alejandro Paterno, who was the president of Congress. The Philippine Republic was born. It was inaugurated with solemn and pompous ceremonies When the framers of the Philippine Constitution of 1898 enacted this fundamental organic chapter of the land, they put a special emphasis on the substantial preamble which reads thus: "We, the representatives of the Filipino people, legally assembled to establish justice, provide for the common defense, promote the general welfare, and secure the blessings of liberty, imploring the aid of the Supreme Legislator of the Universe, in order to attain these ends, have voted, decreed and sanctioned the following constitution."

General Emilio Aguinaldo, as the new and first President of the newly-born Philippine Republic, delivered a very emotional and stirring inaugural address before Congress in which he said: "Great is this day, glorious this date, and forever memorable this moment in which our beloved people are raised to the apotheosis of Independence."

TwoVisayanRepublic

News reached Aguinaldo that two Visayan Republics were created, later fused into one and called The Republic of Visayas. The Visayan leaders sent Francisco Villanueva, Sr., lawyer, scholar, and writer, as their delegate to the Malolos Congress. He conferred with Aguinaldo and Mabini about the proposal of the Visayans that Visayas be joined with Luzon and Mindanao to form a strong united nation that could offer powerful resistance to the invaders of the islands.

Aguinaldo, Mabini, and members of the Congress approved the proposal. Luzon, Visayas and Mindanao were united into a single juridical entity.

It was therefore the first time a Filipino juridical national entity, a legal nation from the Filipino point of view, having jurisdiction over the whole Philippine archipelago, was born It is true that several centuries ago, Datu Sumakwel founded the Confederation of Madya-as, composed of the different barangays or settlements established along the slopes of Madya-as mountain in Panay.

But that was destroyed by the Spaniards who took possession of 7,000 islands of the Philippine archipelago as colonial territories of Spain. Colonialism existed until the Malolos Congress and the Cabinet of Aguinaldo, in accordance with the proposal of Villanueva, fused three important regions of the archipelago which formed and created a free and independent nation, the Philippines.

NationalizationofSchools

The Malolos Congress, as a Legislature, enacted several emergency laws to cope with the critical conditions of towns and provinces, to improve finances and economics of the country, to organize local and provincial governments, to nationalize schools and universities and to establish courts of justice.

When Congress enacted the Philippine School Nationalization Law on October 19, 1898, it also created the first state university in the islands, the Universidad Literaria de Filipina.

Havocs of War

At this juncture news reached Congress that the celebrated painter, Juan Luna Novicio, who was campaigning for Philippine freedom, died in Hong Kong in January, 1899.

Pablo Ocampo, editor of La Patria, and Gregorio Araneta, lawyer, were chosen as secretaries of the chamber.

The Malolos Congress included 110 delegates but only eighty-five were able to attend because of transportation difficulties in the provinces.

WidowsandOrphansatCongress

General Aguinaldo had summoned widows and orphans to come to Malolos and participate in the meetings of the National Congress of the Philippine Revolutionary Government The Congress had two functions as a constitutional body to enact a new Constitution for the Philippines and to create a new nation and a new republic of, by, and for the Filipinos; and as a legislative body to enact necessary laws and statutes to cope with critical conditions during periods of emergency in the islands.

Weeks before the Congress, there was a bloody encounter between the Americans and the Spaniards in Manila Bay. The well-equipped and large fleet of American Admiral George Dewey bombarded the obsolete cruisers of Spanish Admiral Patricio Montojo The Spanish warships with dead Spanish and Filipino sailors sank Prisoners died in jails or were executed in public squares. Their widows and orphans in abandoned homes were crying for mercy. The widows and orphans focused their attention on the Malolos confab, longing and hoping that this constitutional body would act measures to establish peace and order, safeguard private homes against illegal searches and to protect private properties against unlawful seizures by the Spanish civil guards

HavocsofWar

The delegates ratified on September 29, 1898, the Declaration of Philippine Independence, which was previously promulgated in Kawit, Cavite, on June 12 of the same year. It was written by Ambrosio Rianzares Bautista.

The document introduced some essential principles of the American Declaration of Independence written by Jefferson.

Was there any essential difference between the Filipino and American documents? Bautista explained that the American Declaration of Independence was signed only by Americans while that of the Philippines was signed by Filipinos as well as by Colonel I.. Johnson, artillery officer of the American Army, who was in Cavite then PhilippineConstitution

For more than one month, Congress discussed the draft of a constitution written by Attorney Felipe G. Calderon, chairman of a committee of nineteen lawyers. The new Constitution provided for the creation of the new Philippine Republic.

FreedomofWorship

When the charter reached the floor of Congress, it contained the essential elements of a true organic and fundamental law of the land - the division of the powers of government into executive, legislative, and judicial; the bill of rights; and the safeguards for the proper and legal functioning of the new and free Philippine Republic, with its powers and duties, organs and agencies and the rights of the free citizens protected against the injustices and abuses of the public officials.

The first oratorical clash occurred when the issue on the freedom of worship and separation between Church and State was brought up. Tomas del Rosario opposed the provision stating that the State must have its religion. It was put to a vote and resulted in a tie which was broken when Pablo Tecson favored freedom of worship

MabinivstheCongress

After the Congress' final approval of the Philippine Constitution on November 29, 1898, it was sent to President Emilio Aguinaldo for ratification and promulgation. But Apolinario Mabini, Prime Minister of the Cabinet, advised Aguinaldo to disapprove the new organic charter on the ground that it was against the policies of the national leader of the government.

The new Constitution had established the parliamentary form of government and the supremacy of Congress over the executive and judicial branches of the government.

Calderon followed the constitution of France, Belgium, Spain, Costa Rica, Colombia, Chile, Mexico, and other Latin- American countries.

Mabini stood in favor of the presidential system, like that of the United States. However, the parliamentarians steadfastly rejected the objections and protests of Mabini. The Constitution was returned to Congress for changes and amendments, which were turned down. The Congress upheld the Constitution, as reported on October 8, 1898, and, finally approved it on November 29, 1898.

Also, the members of Congress learned the tragic news that hostilities between Americans and Filipinos had begun in Manila Congress, upon the advice of President Aguinaldo, declared war against America. Soon bullets, grenades and bombs from roaring cannons and other mechanical equipment of the Americans, superior to those of the Filipinos, rained over the roofs and walls of Barasoain church which was the seat of Congress. The church was closed. Congressmen returned to their respective provinces to continue the fight for freedom. Aguinaldo had to transfer the seat of the central revolutionary government from Malolos to San Isidro and Cabanatuan, Nueva Ecija; and from there to Angeles, Pampanga; to Tarlac, Tarlac; to Bayambang, Pangasinan; and, finally, to Palanan, Isabela, where he was captured by American soldiers

Mabini's Political Formula

The Philippine Republic of 1898 lasted two years It had its triumphs as well as its tragedies, ordeals and disasters. The first republic was crushed. But it rose from the embers fifty years afterwards, phoenix-like. Its spirit remained alive and with more strength than ever.

Peace and negotiations were offered by the Americans. Aguinaldo and other Philippine generals either had surrendered or were captured in the battlefields. Paterno proposed an American protectorate of the islands. Felipe Buencamino, Sr , came out with more open peace proposals Trinidad H Pardo de Tavera was very vocal with his bold proposal for the annexation of the Philippines, as a Federal State, to the United States of America.

Only Apolinario Mabini, the brave and crippled savant of Tanauan, became steadfast, relentless and inexorable in his idea of complete and absolute independence for the Philippines. He never faltered; he never wavered. When he was captured, an American sentry pointed his bayonet against the heart of Mabini, urging him to take the oath of loyalty to American sovereignty. But Mabini, with admirable bravery and courage, clearly answered him with a loud voice, "I love my country, the Philippines! I want her complete and absolute independence If you please, you can fire at me right now. I refuse to abdicate and change my loyalty to my country and my people." However, Mabini was not executed by the Americans. He was simply deported, with fifty-three Filipino prisoners, to Guam.

The Americans established their regime in the islands. Peace came. From 1898, when the First Philippine Republic was established, until July 4, 1946, when America granted the Philippines her complete and absolute independence, fortyeight years had already elapsed The Americans followed Mabini's formula In defense of his formula, Mabini suffered untold ordeals. But he was also vindicated. He won. Filipinos who survived him enjoy the blessings of liberty and the fruits of his heroic sacrifices Posterity now remembers how Mabini, with stupendous courage and faith and unfaltering heroism, evolved and defended his formula in that little town of Malolos where for the first time the glorious destiny of the Filipino people was revealed and unfolded before the world MPK