1935 constitution

Also known as 1935 commonwealth constitution

COMMONWEALTH

- Independent country or community

1898 to 1901,

The Philippines will be placed under a military government, until a civil government will be put into
place. Two acts of the United States Congress were passed that may be considered to have qualities of
constitutionality.

First is the Philippine Organic Act of 1902,

• This provided for the creation of a popularly elected Philippine Assembly, and Specified that legislative
power would be vested in a bicameral legislature Composed of the Philippine Commission as the upper
house, and the Philippine Assembly as lower house.

Key provisions of the Act included a Bill of rights for Filipinos and the appointment of two non-voting
Filipino Resident Commissioner of the Philippines as representative to the United States House of
Representatives.

- Ang "Organic Act of 1902" ay nagbigay para sa paglikha ng isang popularly elected "Philippine
Assembly" o Kongreso ng Pilipinas, at itinakda na ang kapangyarihan sa paggawa ng mga batas
ay mailalagay sa isang bicameral na lehislatura. Ito ay binubuo ng "Philippine Commission" bilang
mataas na kapulungan at ng "Philippine Assembly" bilang mababang kapulungan.

- Mga mahahalagang probisyon ng Batas na ito ay kasama ang isang "Bill of Rights" o mga
karapatan ng mga Pilipino, at ang paghirang ng dalawang Filipino Resident Commissioner na
walang boto, bilang mga kinatawan ng Pilipinas sa "United States House of Representatives" o
Kapulungan ng mga Kinatawan ng Estados Unidos. Ang mga Resident Commissioner ay
itinuturing na mga tagapamagitan na nagpapahayag ng mga interes ng Pilipinas sa Kongreso ng
Estados Unidos.

“Jones Law,”

• Modified the structure of the Philippine government Through the removal of the Philippine
Commission, replacing it with A Senate that served as the upper house and its members elected by the
Filipino voters, the first truly elected national legislature.

It was also in this Act that explicitly declared the purpose of the United States to end their Sovereignty
over the Philippines and recognize Philippine independence as Soon as a stable government can be
established.
 - Ang "Batas Jones," o kilala rin sa Pilipinas bilang "Batas ng Hukumang Jones," ay nagdulot ng mga
pagbabago sa istruktura ng pamahalaan ng Pilipinas. Ito ay isinagawa sa pamamagitan ng pag-
alis ng Philippine Commission at pagpapalit nito ng isang Senado na nagsilbing mataas na
kapulungan, kung saan ang mga miyembro nito ay inihalal ng mga botante mula sa mga Pilipino,
na naging unang tunay na halal na pambansang lehislatura.

- Sa ilalim ng Batas na ito, itinataguyod nito ng malinaw ang layunin ng Estados Unidos na tapusin
ang kanilang soberanya sa Pilipinas at kilalanin ang kalayaan ng Pilipinas kapag maipatutupad na
ang isang matibay na pamahalaan. Ito ay nangangahulugan na sa lalong madaling panahon,
pagkatapos maipatupad ang isang matatag na pamahalaan, inaasahan na ang Pilipinas ay
makakamit ang kanilang kalayaan mula sa Estados Unidos.

What is the main idea of 1935 Constitution?

The 1935 Constitution provided the legal basis of the Commonwealth Government which was
considered a transition government before the granting of the Philippine independence with American-
inspired constitution; the Philippine government would eventually pattern its government system after
American government.

- Is the ten year transitional period of independence from 1935 to 1945 in preparation for the
independence of the Philippines from the United States
- Created with the intent of gaining the approval of the US government who at that time was
occupying the country
- Before implementing of the 1935 constitution of the Philippines there were events that happen
first is
 HARE-HAWES CUTTING ACT
- Butler Hare, Harry Hawes, and Bronson Cutting

• Approved on January 17, 1933

This law promised Philippines Independence after a 10-year transition period, but reserved several
military and naval bases for the United States, as well as imposing tariffs and quotas on Philippine
Exports.

HARE-HAWES CUTTING ACT was opposed by Manuel L. Quezon for the reason that it was not stated that
the US free the Philippines from them, so Manuel L. Quezon led a mission to the US advocated for the
passage of the law TYDINGS- MCDUFFIE ACT

 Also called Philippine Independence Commonwealth and Independence Act.

• Eliminated objectionable provisions of the Hare-Hawes Cutting Act

- Ito rin ay kilala bilang Philippine Independence Commonwealth and Independence Act. Ang
Tydings-McDuffie Act ay nag-alis ng mga bahagi ng Hare-Hawes Cutting Act na itinuturing na
hindi kanais-nais o labag sa kagustuhan ng mga Pilipino. Sa pamamagitan nito, ipinagkaloob ng
Estados Unidos ang pagkakaroon ng isang pamahalaang komonwelt sa Pilipinas patungo sa
kalayaan ng bansa.
TYDINGS-MCDUFFIE ACT

U.S Statute provided for the Philippine Independence to take effect on July 4, 1946

• Signed by U.S President Franklin D. Roosevelt on March 24, 1934

 Allowed Philippines to adopt a constitution and form a government

When was the 1935 Constitution created?

1934 CONSTITUTIONAL CONVENTION

-drafting of the 1935 constitution of the Philippines

-Started on July 10, 1934 and ended on February 8, 1935

- This was led by Claro M. Recto with 202 delegates to draft the 1935 Philippine constitution

- Certified on March 25, 1935

-Ratified on May 14, 1935

Well not just for the transitional period of commonwealth but, for the establishment of the Philippine
republic.

This was passed to the president of the United States for the certification, and it was certified by VYS

SEPTEMBER 15, 1935

-millions of Filipinos voted for the highest official of the Philippines which are President and Vice
President

- Which Manuel L. Quezon won as the President and Sergio Osmena for the Vice President

- November 15, 1035

- 2 months after the voting, the 1935 constitution came into full force and effect

• Primary Source: Preamble of the 1935 Commonwealth

What was going on when the 1935 Philippine constitution created?

1. Filipinos are now INDEPENDENT

ARTICLE XVII. THE COMMONWEALTH AND THE REPUBLIC

SECTION 1: 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 Philippines Independence, the Commonwealth of the Philippines shall henceforth
be known as the Republic of the Philippines.

2. Philippines now have the NATIONAL TERRITORY

ARTICLE I. THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory ceded to the United States by the treaty of Paris
concluded between the United States and Spain on the tenth day of December, eighteen hundred and
ninety-eight, the limits of which are set forth in Article III of said treaty, together with all the islands
embraced in the treaty concluded at Washington, between the United States and Spain on the seventh
day of November, nineteen hundred, and in the treaty concluded between the United States and Great
Britain on the second day of January, nineteen hundred and thirty, and all territory over which the
present Government of the Philippine Islands exercises jurisdiction.

3. Filipinos are now assigned for the BRANCHES OF THE GOVERNMENT

EXECUTIVE DEPARTMENT

LEGISLATIVE DEPARTMENT

JUDICIAL DEPARTMENT

ARTICLE VII. THE EXECUTIVE DEPARTMENT

it is the institution that governs the state by implementing laws and creating policies and programs to
respond on the needs of the state.

SECTION 1. The Executive power shall be vested in a President of the Philippines

ARTICLE VI. LEGISLATIVE DEPARTMENT

It is lawmaking institution of the government also known as the legislature.

SECTION 1. The Legislative power shall be vested in a National Assembly.

ARTICLE VIII. JUDICIAL DEPARTMENT

it compose of the courts that interpret and apply the laws of the state

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may
be established by law.

4. There are a lot of CHANGES.

ARTICLE V-SUFFRAGE

SECTION 1. 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.

ARTICLE III - BILL OF RIGHTS.

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

ARTICLE XIII - GENERAL PROVISIONS.

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.

SEC. 3. The National Assembly shall take steps toward the development and adoption of a common
national language based on one of the existing native languages. Until otherwise provided by law, English
and Spanish shall continue as official languages.

- 1935 Constitution was interrupted by the events of the World War II, with the Japanese
occupying the country

- But in 1946 the freedom, the independence that they wanted was still granted to them