Title 9 of the Malolos Constitution Simplified

The Secretaries Of Government Icon

January 31, 2022

Article 73

The Council of Government is composed of one President and seven secretaries, each of whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War and Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and Commerce.

Article 74

All the acts done by the President of the Republic in the discharge of his duties shall be signed by the corresponding Secretary. No public official shall give official recognition to any act unless this requisite is complied with.

Article 75

The Secretaries of Government are jointly responsible to the Assembly for the general administration of the Government, and individually for their respective personal acts.

Article 76

In order to exempt them from responsibility, when held guilty by the Assembly, a petition to this effect approved by absolute majority of the Representatives is necessary.

Title 10: The Judicial Power

Article 77

To the Court corresponds exclusively the power to apply the laws, in the name of the Nation, in all civil and criminal trials. The same codes of laws shall be applied throughout the Republic, without prejudice to certain variations according to circumstances as determined by law. In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and procedure.

Article 78

The courts of justice shall not apply general local regulations, except when they conform to the laws.

Article 79

The exercise of judicial power shall be vested in one Supreme Court and in other courts established by law. Their composition, organization, and other attributes shall be determined by the laws creating them.

Article 80

The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the National Assembly in concurrence with the President of the Republic and the Secretaries of the Government, and shall be absolutely independent of the Legislative and Executive Powers.

Article 81

Any citizen may file suit against any member exercising the Judicial Power for any crime committed by them in the discharge of their office.

Article 82

The organization and attributes of provincial and popular assemblies shall be governed by their respective laws. These laws shall conform to the following principles:

  • The government and management of the particular interests of the province or town shall be discharged by their respective corporations, the principle of direct and popular elections being the basis underlying each of them.

  • Publicity of their sessions, within the limits provided by law.

  • Publication of all appropriations, accounts, and agreements affecting same.

  • Government interference and, in the absence thereof, by the National Assembly, to prevent provinces and municipalities exceeding their powers and attributes to the prejudice of the interest of individuals and of the Nation at large.

  • Power of taxation shall be exercised to the end that provincial and municipal taxation do not come into conflict with the power of taxation of the State.

Title 12: Administration Of The State

Article 83

The Government shall submit every year to the Assembly a budget of expenditures and income, indicating the changes made from those of the preceding year, accompanying the same with a balance sheet as of the end of the year, in accordance with law.

This budget shall be submitted to the Assembly within ten days following the commencement of its session.

Article 85

The Government, in order to dispose of the property and effects of the State, and to borrow money secured by mortgage or credit of the Nation, must be authorized by special law.

Article 86

Public debts contracted by the Government of the Republic, in accordance with the provisions of this Constitution, shall be under the special guarantee of the Nation.

No debt shall be contracted unless the means of paying the same are voted upon.

Article 87

All laws relating to income, public expenses, or public credits shall be considered as part of the appropriation and shall be published as such.

Article 88

The Assembly shall determine every year, upon the recommendation of the President of the Republic, the military forces by land and sea.