1935: THE

COMMONWEALTH
CONSTITUTION
● The 1935 Constitution of the Philippines 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. It is one of the many
constitutions drafted to govern the government of the Philippines.
● 1935 Constitution was ratified on May 14, 1935.

● The Commonwealth era is the 10 year transitional period in Philippine history from 1935 to 1945 in
preparation for independence from the United States as provided for under the Philippine Independence
Act or more popularly known as the Tydings-McDuffie Law.
Tydings-McDuffie Act, (1934)

the U.S. statute that provided for

Philippine independence, to take effect
on July 4, 1946, after a 10-year
transitional period of Commonwealth
government. The bill was signed by
U.S. Pres. Franklin D. Roosevelt on
March 24, 1934, and was sent to the
Philippine Senate for approval.
The Commonwealth era is the 10 year transitional period in Philippine history from 1935 to
1945 in preparation for independence from the United States as provided for under the
Philippine Independence Act or more popularly known as the Tydings-McDuffie Law.
Manuel L. QuezonThe Commonwealth era was interrupted when the Japanese occupied the
Philippines in January 2, 1942. The Commonwealth government, lead by Manuel L. Quezon
and Sergio S. Osmeña went into exile in the U.S., Quezon died of tuberculosis while in exile
and Osmeña took over as president. At the same time, the Japanese forces installed a puppet
government in Manila headed by Jose P. Laurel as president. This government is known as
the Second Philippine Republic. On October 20, 1944, the Allied forces led by Gen. Douglas
MacArthur landed on the island of Leyte to liberate the Philippines from the Japanese. Japan
formally surrendered in September 2, 1945.
After liberation, the Commonwealth government was restored. Congress convened in its first President Manuel A.
Roxas of the Philippinesregular session on July 9, 1945. It was the first time the people’s representatives have
assembled since their election on November 11, 1941. Manuel Roxas was elected Senate President, and Elpidio
Quirino was chosen President Pro Tempore. Jose Zulueta was speaker of the house, while Prospero Sanidad became
speaker pro Tempore. The first law of this congress, enacted as commonwealth act 672, organized the central bank
of the Philippines. The commonwealth deal also tackled the issue of collaboration. In September 1945 the counter
intelligence corps presented the people who were accused of having collaborated with, or given aid to, the Japanese.
Included were prominent Filipinos who had been active in the puppet government that the Japanese had been
established. ”A Peoples Court" was created to investigate and decide on the issue.

Amidst this sad state of affairs, the third commonwealth elections were held on April 23, 1946. Sergio Osmeña and
Manuel Roxas vied for the Presidency. Roxas won thus becoming the last president of the Philippine
Commonwealth. The Commonwealth era formally ended when the United States granted independence to the
Philippines, as scheduled on July 4, 1946.
Important legislations and events during the American period that made the
Philippines a commonwealth of the United States:

• The Philippine Bill of 1902 - Cooper Act

United States Congressman Henry Allen Cooper sponsored the Philippine Bill of 1902, also
known as the Cooper Act. The bill proposed the creation and administration of a civil
government in the Philippines. President Theodore Roosevelt signed it into law in July 2,
1902.

• The Philippine Assembly

was inaugurated on October 16, 1907 at the Manila Grand Opera House, with US
secretary of War William Howard Taft as guest of honor. Sergio Osmeña was elected
Speaker while Manuel Quezon was elected Majority Floor leader. The Recognition of the
Philippine Assembly paved the way for the establishment of the bicameral Philippine
Legislature. The Assembly functioned as the lower House, while the Philippine Commission
served as the upper house.
• Resident Commissioners
Benito Legarda and Pablo Ocampo were the first commissioners. Other Filipinos who occupied this position included
Manuel Quezon, Jaime de Veyra, Teodoro Yangco, Isaro Gabaldon, and Camilo Osias.

• The Jones Law

To further train the Filipinos in the art of government, the U.S. Congress enacted the Jones Law on August 29, 1916. It was
the first official document that clearly promised the Philippine independence, as stated in its preamble, as soon as a stable
government was established. The Jones Law or the Philippine Autonomy act, Replace the Philippine bill of 1902 as the
framework of the Philippine government. It provide for the creation of the executive powers. The vice governor general,
assisted by his Cabinet, would exercise executive powers. The vice governor would act concurrently as the Secretary of
Education.

• Creation of the Council of State

Upon the recommendation of Manuel L. Quezon and Sergio Osmeña, Governor General Francis Burton Harrison issued an
executive order on October 16, 1981, creating the first Council of State in the Philippines. It was the Council’s duty to advise
the governor general on matters such as the creation of policies for administering government offices.
The Council held meetings once a week and whenever the governor general called for one. It was composed of the governor
general, the department secretaries, the speaker of the Lower House, and the Senate president. During Harrison’s term, the
executive and legislative branches of government worked harmoniously with each other.
• The Os-Rox Mission

One delegation, however, that met with partial success was the Os-Rox Mission, so called
because it was headed by Sergio Osmeña and Manuel Roxas. The Os-Rox group went to the
United States in 1931 and was able to influence the U.S. Congress to pass a pro-independence
bill by Representative Butter Hare, Senator Henry Hawes, and Senator Bronso Cutting. The
Hare-Hawes-Cutting Law provided for a 10-year transition period before the United States
would recognize Philippine independence. U.S. President Herbert Hoover did not sign the bill;
but both Houses of Congress ratified it. When the Os-Rox Mission presented the Hare-Hawes-
Cutting Law to the Philippine Legislature, it was rejected by a the American High
Commissioner representing the US president in the country and the Philippine Senate,
specifically the provision that gave the U.S. president the right to maintain land and other
properties reserved for military use. Manuel Quezon was tasked to head another independence
mission to the united States.
• The Tydings-McDuffie Law

In December 1933, Manuel L. Quezon returned to the Philippines from the United States with a slightly amended
version of the Hare-Hawes-Cutting bill authored by Senator Milliard Tydings and representative McDuffie.
President Franklin Delano Roosevelt, the new U.S. president, signed it into law on March 24, 1934. The Tydings-
McDuffie Act (officially the Philippine Independence Act of the United States Congress; Public Law 73-127) or
more popularly known as the The Tydings-McDuffie Law provided for the establishment of
the Commonwealth government for a period of ten years preparatory to the granting of Independence. See the full
text of the Tydings-McDuffie Law or Continue to Japanese Occupation, Allied Liberation.
Overview of the events leading to the creation of the 1935 Commonwealth
Constitution:

1.Granting of Independence:

The Tydings-McDuffie Act, also known as the Philippine Independence Act, was passed
by the United States Congress in 1934. This act provided for a transitional period
leading to Philippine independence and laid the groundwork for the establishment of a
Commonwealth government in the Philippines.
2.Commonwealth Government:

The Commonwealth of the Philippines was inaugurated on November 15, 1935, with
Manuel L. Quezon as the first President and Sergio Osmeña as the Vice President. The
Commonwealth government served as an interim administration leading up to full
independence, which was scheduled for 1946.
3.Drafting the Constitution:

As part of the transition to self-governance, the Philippine Constitutional Convention

was convened in 1934 to draft a constitution for the Commonwealth. The convention
delegates included prominent Filipino leaders, legal experts, and representatives from
various sectors of society.
4. Features of the Constitution:

The 1935 Commonwealth Constitution established a democratic government with a

separation of powers among the executive, legislative, and judicial branches. It
outlined the powers and responsibilities of each branch, established the bicameral
Congress (comprising the Senate and the House of Representatives), and defined the
qualifications and term limits for elected officials.
5. Bill of Rights:

The Constitution included a Bill of Rights that guaranteed fundamental freedoms and
protections for Filipino citizens, such as freedom of speech, religion, and assembly, as
well as due process and equal protection under the law.
6. Transition to Independence:

The 1935 Constitution set the stage for the eventual granting of full independence to
the Philippines on July 4, 1946, ending nearly five centuries of colonial rule and
paving the way for the country's development as a sovereign nation.
WHO PROMULGATE THE PHILIPPINE CONSTITUTION?
The 1935 Philippine Constitution was promulgated by the members of the Philippine
Constitutional Convention. This convention was tasked with drafting the constitution
for the Commonwealth of the Philippines, which was established as a result of the
Tydings-McDuffie Act passed by the United States Congress.

The Philippine Constitutional Convention was composed of delegates elected by the

Filipino people in 1934. These delegates included prominent leaders, legal experts,
representatives from various sectors, and individuals who played significant roles in
Philippine society. The convention convened in July 1934 and worked diligently to
draft the constitution that would serve as the fundamental law of the Commonwealth
government.

After several months of deliberations and revisions, the 1935 Philippine Constitution
was completed and officially promulgated on February 8, 1935. It marked a pivotal
moment in Philippine history as it established the framework for self-governance and
paved the way for the eventual attainment of full independence in 1946.
WHY WAS THE PHILIPPINE CONSTITUTION RATIFIED IN
1935?

The 1935 Constitution of the Philippines holds historical significance as it was

established during the Commonwealth period (1935–1946) and later used by the
Third Republic(1946–1972). Here are key points about its ratification:

1. Context and Purpose

- The 1935 Constitution was drafted with a dual purpose:
- To govern the newly established **Commonwealth of the Philippines**.
- To secure the approval of the **United States Government**.
- The U.S. had promised to grant the Philippines independence, and the
Constitution aimed to ensure that promise would be fulfilled.

2. Date of Ratification
- The 1935 Constitution was **ratified on May 14, 1935**
- It marked a critical step toward the Philippines' eventual independence.
3. Content Highlights

• Preamble
The Filipino people sought Divine Providence's aid to establish a government embodying their
ideals.
Goals included conserving and developing the nation's patrimony, promoting general welfare, and
securing blessings of independence under a regime of justice, liberty, and democracy.

• National Territory
- The Philippines comprised all territory ceded to the United States by the **Treaty of Paris** in
1898.
- It included limits set forth in Article III of the same treaty and all islands embraced in subsequent
treaties.
• Declaration of Principles:
- The Philippines was declared a **republican state**, with sovereignty residing in the people.
- The defense of the State was a prime duty, and citizens could be required to render military or
civil service.
- The Philippines renounced war as an instrument of national policy.
- Social justice was emphasized for the well-being and economic security of all citizens.

• Bill of Rights
- No person could be deprived of life, liberty, or property without due process of law.
- Equal protection of the laws was guaranteed

In summary, the 1935 Constitution laid the groundwork for an independent Philippines, balancing
national aspirations with the need for U.S. approval during the Commonwealth era.
The 1935 Philippine Constitution was the first constitution of the Philippines as an
independent nation. It was written by the Constitutional Convention of 1934 and
ratified by a plebiscite on May 14, 1935. It established the Philippine
Commonwealth, a political system similar to the American one, with a President, a
bicameral Congress, and an independent Judiciary. It came into effect on November
15, 1935 and lasted until 1973.
The preamble of the 1935 Philippine Constitution is the introductory statement that
expresses the aspirations and ideals of the Filipino people12. It invokes the aid of
Divine Providence and declares the purpose of establishing a government that shall
embody their ideals, conserve and develop the nation's patrimony, promote the general
welfare, and secure the blessings of independence under a regime of justice, liberty,
and democracy12.
 REFERENCES;

• https://www.bing.com/search?q=TYDINGS+MCDUFFIE+LAW&qs
• https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/?fbclid=
• https://www.bing.com/search?pglt=41&q=HISTORY+OF+THE+1935+COMMONWEALTH+CONSTIT
UTION
• https://www.bing.com/search?pglt=41&q=HISTORY+OF+THE+1935+COMMONWEALTH+CONSTIT
UTION
 THANK
YOU!
MEMBERS:

BELEN, ELLA JANE

DELFINO, KYLA MARIE
MABANA, JANE ANDREI
SALAZAR, BERNADETTE