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THE 1935 Constitution: Aldeon Dicdican Madarimot Osorio Villasencio B S N 1 - A

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THE 1935

CONSTITUTION
BSN 1-A ALDEON │DICDICAN │MADARIMOT │OSORIO │VILLASENCIO
Major intent of
creating the constitution

To gain approval of the United


States government, who at that
time was occupying the country, for
the Philippines to have its
independence.
Framing and Ratification
Framing Ratification
To create or formulate the action of signing or giving
formal consent to a treaty,
contract, or agreement,
making it officially valid

The pre-1935 U.S. territorial administration, or Insular Government,


was headed by a governor general who was appointed by the president of
the United States.
December 1932
the U.S. Congress passed the Hare–Hawes–
Cutting Act with the premise of
granting Filipinos independence.
HARE–HAWES–CUTTING ACT
• passed to authors Congress Butler B. Hare,
Senator Harry B. Hawes and
Senator Bronson M. Cutting
• was the first US law passed setting a
process and a date for the Philippines to
gain independence from the United States.
• was the result of the OsRox Mission led
by Sergio Osmeña and Manuel Roxas.
• the law promised Philippine independence
after 10 years, but reserved several
military and naval bases for the United
States, as well as imposed tariffs and
quotas on Philippine imports.
March 24, 1934
The approval of Tyding-McDuffie or known
as Philippine Independence Act by
President Franklin D. Roosevelt.
TYDINGS–MCDUFFIE ACT
• officially known as the Philippine
Independence Act
• is a United States federal law that allowed
the establishment of the Commonwealth
of the Philippines with a ten-year period of
peaceful transition to full independence –
the date of which was to be on the 4th of
July following the tenth anniversary of the
establishment of the Commonwealth
• under the act, the 1935 Constitution of the
Philippines was written
• it also established limitations on Filipino
immigration to the United States.
Tydings-McDuffie
Act
February 8, 1935
Approval by the Convention by a vote of 177 to 1 of the
Institution

March 25, 1935


The constitution was approved by President Franklin D.
Roosevelt

May 14, 1935


The Constitution was ratified by Filipino
electorate by a vote of 1, 213, 046 against 44963
September 16, 1935,
the first national elections in the Philippines were held
President elected: outgoing Senate President Manuel L. Quezon
Vice President elected: former Senate president pro-tempore Sergio
Osmeña
November 15, 1935
The 1935 Constitution came into full force with the
inauguration of the Commonwealth.
Commonwealth of the Philippines
• was the administrative body that governed the Philippines from
1935 to 1946, aside from a period of exile in the Second World
War from 1942 to 1945 when Japan occupied the country.
• Replaced the Insular Government
• was established by the Tydings–McDuffie Act
• was designed as a transitional administration in preparation
for the country's full achievement of independence.
• among its provisions was that it would remain the constitution
of the Republic of the Philippines once independence was
recognized on July 4, 1946
• the Commonwealth ended when the U.S. recognized
Philippine independence on July 4, 1946, as scheduled.
POLITICAL
CHANGES
• The Philippines had long been used as a trading port in Asia, and this led to
their colonization by the Spanish and later by the Americans.
• During the later part of more than 300 years of Spanish rule, nationalist
sentiment began to grow among groups of “indios”, fuelled in large measure by
the writings of Dr. Jose Rizal and other ilustrados.
• A revolution was launched against Spain and the revolutionaries declared
Philippine independence in Kawit, Cavite on June 12, 1898. What became
known as the Malolos Congress was convened on September 15, 1898. The first
Philippine Constitution, the Malolos Constitution, was approved on January 20,
1899, ushering what is called the First Philippine Republic.
• The first Philippine constitution, or the 1899 Constitution (also
called the Malolos Constitution), expressly provided in Article 23
of Title IV that "public education shall be free and obligatory in all
schools of the nation."
• In the Spanish-American War of 1898, the revolutionaries sided
with the Americans, hoping that, with the defeat of Spain,
independence would be granted by the US to the Philippines. This,
however, did not happen. After Spain ceded (or sold) the islands to
the United States in the Treaty of Paris, the US immediately
proceeded to brutally suppress the Philippine independence
movement.
• The 1935 Constitution was written when the Philippines was
poised for independence from the United States of America. 
• In 1916, the US passed the Jones Act which specified that
independence would only be granted upon the formation of a
stable democratic government modelled on the American
model, not the French model as the previous constitution had
been. The US approved a ten-year transition plan in 1934 and
drafted a new constitution in 1935.

• After heroic Filipino resistance against overwhelming odds


finally ended with the fall of Bataan and Corregidor in 1942, a
Japanese “republic” was established, in reality, a period of
military rule by the Japanese Imperial Army.
• A new constitution was ratified in 1943 by Filipino collaborators
who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi). An active guerilla movement continued to resist the
Japanese occupation.

• Philippine independence was eventually achieved on July 4, 1946.


The 1935 Constitution, which featured a political system virtually
identical to the American one, became operative. The system
called for a President to be elected at large for a 4-year term
(subject to one re-election), a bicameral Congress, and an
independent Judiciary.
• Section 5 Article XIV of the 1935 Constitution, which was enacted for the
Commonwealth government, stated that the "Government . . . shall provide at
least free primary instruction, and citizenship training to adult citizens.“

• The 1935 Constitution was ratified by the Filipino people through a national
plebiscite, on May 14, 1935 and came into full force and effect on November
15, 1935 with the inauguration of the Commonwealth of the Philippines.
Among its provisions was that it would remain the constitution of the Republic
of the Philippines once independence was granted on July 4, 1946.
• In 1940, the 1935 Constitution was amended by the National
Assembly of the Philippines. The legislature was changed from a
unicameral assembly to a bicameral congress. The amendment
also changed the term limit of the President of the Philippines
from six years with no reelection to four years with a possibility of
being reelected for a second term.

• During World War II the Japanese-sponsored government nullified


the 1935 Constitution and appointed Preparatory Committee on
Philippine Independence to replace it. The 1943 Constitution was
used by the Second Republic with Jose P. Laurel as President.
 
• Upon the liberation of the Philippines in 1945, the 1935
Constitution came back into effect. The Constitution remained
unaltered until 1947 when the Philippine Congress called for its
amendment through Commonwealth Act No. 733. On March 11,
1947 the Parity amendment gave United States citizens equal
rights with Filipino citizens to develop natural resources in the
country and operate public utilities. The Constitution, thereafter,
remained the same until the declaration of martial law on
September 23, 1972.
• Before President Marcos declared Martial Law, a Constitutional
Convention was already in the process of deliberating on
amending or revising the 1935 Constitution. They finished their
work and submitted it to President Marcos on December 1,
1972. President Marcos submitted it for ratification in early
January of 1973. Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos issued Presidential
Decree No. 86, s. 1972, creating citizens assemblies to ratify the
newly drafted constitution by means of a Viva Voce vote in place
of secret ballots. Marcos announced that it had been ratified
and in full force and effect on January 17, 1973.
SOCIAL
CHANGES
1. BETTER EDUCATION, Smarter Filipinos

FREE EDUCATION
Pensionado Act (1903-1943)

This program encouraged Filipinos to obtain education in the


United States and return to the Philippines.
Students who excelled academically were sent to the U.S. to
continue their studies and were called “scholars” and
“pensionados”
About 20,000 applicants with only one hundred of Filipinos
men ultimately selected to study abroad in the United States
Kapampangan
Pensionados
 Public System of Education

 Every child from age 7 and above was required to register in


schools located in their own town or province.
 The students were given free school materials

Tondo Primary School


Educational Programs

 Educ. Act of 1940, EO 134 (Tagalog)


 EO 263 (compulsory teaching of Pilipino language)

As set forth in the 1935 Constitution, educational aims are: to develop moral
character, personal discipline, civic conscience, vocational efficiency and
duties of citizenship. Various Executive Orders were mandated by
Commonwealth president M.L.Quezon such as Educ. Act of 1940, EO 134
(Tagalog) EO 17 (code of ethics); EO 263 (compulsory teaching of Pilipino
language)
Thomasites
Thomasites
• Volunteer American soldiers
• In August 1901, 600 teachers called Thomasites arrived. Their
name derived from the ship they traveled on, the USS Thomas.
• The original batch of Thomasites was composed by 365 males and
165 female,
• Mission: build classrooms in every place where they were assigned
• More American teachers followed the Thomasites in 1902, making
a total of about 1,074 stationed in the Philippines.
• The U.S. government spent about $105,000 for the expedition
 Establishment of schools increased

 During the 1900-1920, establishment of public Normal


universitie: Philippine Normal School
 Give rise to private universities founded in between 1920-
1940
 Adult Education Act

 COMMONWEALTH ACT No. 80


 AN ACT CREATING THE OFFICE OF ADULT EDUCATION
Adults passed the school age who were not educated were given
a privilege to receive special education.
 Section 3. The objectives of adult education shall be to
eliminate illiteracy and to give vocational and citizenship
training.
STATISTICS:
• In 1925, according to Philippine Commission, 530,000 Filipinos had completed
elementary school, 160,000 intermediate school, and 15,500 high school. Later
after 20 years, the numbers increased up to 30% under the Commonwealth
government.
• By 1939 some one-fourth of the population could speak English, a larger
proportion than for any of the native dialects.
• The new avenue of upward social mobility
2. Laws or Acts and programs were enacted for the social
welfare of Filipinos and in turn lessen the crime rates and
injustice in the country

 “Government for the Filipinos”


 President Manuel L. Quezon espoused the "Social Justice" program to
arrest the increasing social unrest in Central Luzon.

• 1935 Constitution – "The promotion of social justice to ensure the well-


being and economic security of all people should be the concern of the
State"
• Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No.
4045), Nov. 13, 1936 – Provided for certain controls in the landlord-
tenant relationships
• National Rice and Corn Corporation (NARIC), 1936 – Established the price
of rice and corn thereby help the poor tenants as well as consumers.
2. Laws or Acts and programs were enacted for the social
welfare of Filipinos and in turn lessen the crime rates and
injustice in the country

• Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal
of tenants and only with the approval of the Tenancy Division of the
Department of Justice.
• Rural Program Administration, created March 2, 1939 – Provided the
purchase and lease of haciendas and their sale and lease to the tenants.
• Commonwealth Act No. 441 enacted on June 3, 1939 – Created the
National Settlement Administration with a capital stock of P20,000,000.
Means of transportation improved.
Availability of airplanes, cars, trains, ships

Rizal Avenue Escolta


3. Women gained equal rights with men in the society
 Women's Suffrage Act
 Women's suffrage, the right of women by law to vote and run in national
or local elections.
 Carmen Planas (the first counsellor in Manila)
• Carmen Planas, known as "Manila’s Darling", was the first
woman to be elected to the Manila City Council, winning a
seat in the Capital City Municipal Board by general suffrage
• Elisa Ochoa, was the first woman elected to the Philippine
Congress in 1941.
4. Significant Filipinos were lifted up from their
socioeconomic status
• Rescission Act (38 U.S.C. § 107)
• Filipinos were legally American nationals
• US Migration of 30, 000 veterans

During World War II, over 200,000 Filipinos fought in defense of the United
States against the Japanese in the Pacific theater of military operations,
where more than half died. As a commonwealth of the United States
before and during the war, Filipinos were legally American nationals. With
American nationality, Filipinos were promised all the benefits afforded to
those serving in the armed forces of the United States. In 1946, Congress
passed the Rescission Act (38 U.S.C. § 107) which stripped Filipinos of the
benefits they were promised.
Since the passage of the Rescission Act, many Filipino veterans have
traveled to the United States to lobby Congress for the benefits promised to
them for their service and sacrifice. Over 30,000 of such veterans live in the
United States today, with most being United States citizens. 
ECONOMIC
CHANGES
The cash economy of the Commonwealth was mostly agriculture-based.
Products included abaca, coconuts and coconut oil, sugar, and timber.
• Numerous other crops and livestock were grown for local
consumption by the Filipino people.

• Other sources for foreign income included the spin-off from


money spent at American military bases on the Philippines
such as the naval base at Subic Bay and Clark Air Base (with
U.S. Army airplanes there as early as 1919), both on the island
of Luzon.
• The performance of the economy was initially good despite
challenges from various agrarian uprisings. Taxes collected
from a robust coconut industry helped boost the economy by
funding infrastructure and other development projects.
However, growth was halted due to the outbreak of World
War II.
CULTURALAL
CHANGES
SUFFRAGE
Suffrage may be exercised by male citizens of the Philippines not
otherwise disqualified by law, who are twenty-one years of age or
over and are able to read and write, and who shall have resided in
the Philippines for one year and in the municipality wherein they
propose to vote for at least six months preceding the election. The
National Assembly shall extend the right of suffrage to women, if in
a plebiscite which shall be held for that purpose within two years
after the adoption of this Constitution, not less than three hundred
thousand women possessing the necessary qualifications shall vote
affirmatively on the question.
CITIZENSHIP
• Those who are citizens of the Philippines Islands at the time of the
adaption of the Constitution
• Those born in the Philippine islands of foreign parents who, before the
adoption of this Constitution, had been elected to public office in the
Philippine islands.
• Those whose fathers are citizens of the Philippines
• Those whose mothers are citizens of the Philippines and upon reaching
the age of majority, elect Philippine citizenship
• Those who are naturalized in accordance with law
(1) All citizens of the Philippines shall owe allegiance to the United States.
(2) Every officer of the Government of the Commonwealth of the Philippines
shall, before
entering upon the discharge of his duties, take and subscribe an oath of office,
declaring, among other things, that he recognizes and accepts the supreme
authority of and will maintain true faith and allegiance to the United States.
(3)Absolute toleration of religious sentiment shall be secured and no inhabitant
or religious organization shall be molested in person or property on account of
religious belief or mode or worship.
(4) Property owned by the United States, cemeteries, churches, and parsonages
or convents appurtenant thereto, and all lands, buildings, and improvements
used exclusively for religious, charitable, or educational purposes shall be
exempt for taxation.
(5) Trade relations between the Philippines and the United States shall be upon
the basis prescribed in section six of Public Act Numbered One hundred and
twenty-seven of the Congress of the United States approved March twenty-four,
nineteen hundred and thirty-four.
(6) The public debt of the Philippines and its subordinate branches shall not exceed limits
now or hereafter fixed by the Congress of the United States, and no loans shall be
contracted in foreign countries without the approval of the President of the United
States.
(7) The debts, liabilities, and obligations of the present Government of the Philippine
Islands, its provinces, municipalities, and instrumentalities, valid and subsisting at the
time of the adoption of the Constitution, shall be assumed and paid by the Government
of the Commonwealth of the Philippines.
(8) The Government of the Commonwealth of the Philippines shall establish and
maintain an adequate system of public schools, primarily conducted in the English
language.
(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become
law until approved by the President of the United States.
(10) Foreign affairs shall be under the direct supervision and control of the United States.

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