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1935 Constitution Final

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MARIA ANGELICA FAYE M.

CALDERON
The 1935 Constitution was written in 1934, approved and
adopted by the Commonwealth of the Philippines (1935–
1946) and later used by the Third Republic (1946–1972). It was
written with an eye to meeting the approval of the United
States Government as well, so as to ensure that the U.S. would
live up to its promise to grant the Philippines independence
and not have a premise to hold onto its possession on the
grounds that it was too politically immature and hence
unready for full, real independence.
"The government established by this constitution shall be
known as the Commonwealth of the Philippines. Upon the
final and complete withdrawal of the sovereignty of the United
States and the proclamation of the Philippine Independence,
the Commonwealth of the Philippines shall henceforth be
known as the Republic of the Philippines."

-ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC


Framing and Ratification

Briefly stated, the steps which led to


the drafting and adaptation of the 1935
Constitution of the Philippines are as
follows.
a.) Approval on March 24, 1934 by President
Franklin D. Roosevelt of the tydings McDuffie Law,
otherwise known as the Philippine Independence
Act, enacted by the United States Congress,
authorizing the Philippine Legislature to call a
costitutional convention to draft a constitution for
the Philippines;
b.) Approval on March 5, 1934 by the
Philippine Legislature of a bill calling a
constitutional convention as provided
for in the Independence Law;
c.) Approval on February 8, 1935 by the
convention by a vote of 177 to 1 of the
Constitution (the signing began on the
following day and was completed on
February 19, 1935)
d.) Approval on March 23, 1935 by Pres.
Roosevelt of the Constitution as submitted to
him, together with a certification that the said
Constitution conformed with the provisions of
the Independence Law; and
e.) Ratification on May 14, 1935 of the
Constitution by the Filipino electrorate by a vote
of 1,213,046, with 44,963 against.
Limitations and Conditions

Briefly stated, the steps which led to the drafting and adaptation
of the 1935 Constitution of the Philippines are as follows:
-Limited authority.
-Constitution to be drafted must be republican.
-It should include a bill of rights .
-And should contain certain provisions intended to define the
relations between the Philippines and United States during the
commonwealth period and after the establishment of the
Philippine Republic.
THE JONES LAW
The Jones Law, enacted by the 64th Congress of the United
States on August 29, 1916, contained the first formal and
official declaration of the United States commitment to grant
independence to the Philippines. The law provides that the
grant of independence would come only "as soon as a stable
government can be established", which gave the United States
Government the power to determine when this "stable
government" has been achieved. It aimed at providing the
Filipino people (Filipinos) broader domestic autonomy,
though it reserved certain privileges to the United States
(Americans) to protect their sovereign rights and interests.
SOURCES

• 1898 Malolos Constitution


• The Instruction of Pres. William Mckinley to the Second
Philippine Commision on April 7, 1900
• The Philippine Bill of July 1, 1902
• The Jones Law of August 26, 1916
The original 1935 Constitution provided for unicameral
National Assembly and the President was elected to a six-year
term without re-election. It was amended in 1940 to have a
bicameral Congress composed of a Senate and House of
Representatives, as well the creation of an independent
electoral commission. The Constitution now granted the
President a four-year term with a maximum of two
consecutive terms in office
CONSTITUTION

is a written instrument by which the fundamental


powers of the government are established, limited
and defined by which these powers are distributed
among the several departments/branches for the
benefit of the people.

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