The New Philippine Constitution

Author(s): Conrado Benitez

Source: Pacific Affairs, Vol. 8, No. 4 (Dec., 1935), pp. 428-432
Published by: Pacific Affairs, University of British Columbia
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 THE NEW PHILIPPINE CONSTITUTION
BENITEZ
CONRADO

ONMAY i4th, 1935,thePhilippineelectoratein a plebiscite

heldforthepurposeacceptedthenew Constitution preparedby a
popularly electedConstitutional Convention. The totalnumber of
in
electors favor was i,213,934,or 96.6per cent,against 42,690,or
3.4percent,in opposition. The favorable votecouldnothavebeen
moreoverwhelming. That plebiscite was a decisivestep in the
seriesofactsprovided forbyPublicActNo. 127 oftheCongress of
theUnitedStates, approved March24th,1934,lookingto thegrant-
ing of Philippineindependence aftera transition periodof ten
yearsundera Commonwealth Government.
The lifehistory of the Convention datesfromJulyioth,1934,
when202 delegates wereelectedby thequalifiedvoters.On July
30ththe Conventionwas openedand SenatorClaro M. Recto
electedas President.The organization of committees and the
generaldiscussion of constitutionaltrendsand problems was fol-
lowedbytheappointment, on October9th,of a specialcommittee
of sevento drafta Constitution. The finaldraftpreparedby it
was submitted on October20th.On January 31st,1935,theCon-
ventionapproved thedraftas amendedin opensessions;a special
committee on stylecompleted the revision,and on February8th
theConvention approvedthefinaldraft, whichwas signedbythe
members on Februaryi9th.On March23rd,President Roosevelt
certified thatthe Constitution conformed withthe
substantially
Independence Law, and it was expected that,aftertheelectionof
constitutional in due course,the new Commonwealth
officers of
thePhilippines wouldbe inaugurated on November i5th.
The salientfeatures of thenew Philippine Constitutionmaybe
described as follows:
It is amongtheshortest constitutionspreparedin moderntimes,
of
consisting 17 articles and an ordinance coveringtheprovisions
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 The New PhilippineConstitution
requiredbytheIndependenceAct.It definitely commitstheFilipino
people to democracyand republicanism.Under Article II, on
Declarationof Principles,it is declared in Section i that "The
Philippinesis a republicanstate.Sovereignty residesin the people
and all governmentauthorityemanatesfromthem."Suffrage,ac-
cordingto ArticleV, may be exercisedby male citizens2i years
of age or over,and able to read and write,but women shall be
given the rightof suffrageif in a plebisciteto be held withintwo
years afterthe adoptionof the Constitutionno less than 300,000
womenduly qualifiedshall vote affirmatively.
A unicamerallegislaturehas been adopted,whose membersare
not to exceed 120, to be choseneverythreeyears.An electoralcom-
missionis to decideall contestsrelatingto the election,returnsand
qualificationsof themembersof theNational Assembly.This com-
missionis to be composedof threejusticesof the SupremeCourt
designatedby the Chief Justice,and six memberschosen by the
National Assembly,threeof whom are to be nominatedby the
majoritypartyand threeby the opposition.On the basis of the
proportionalrepresentation of the politicalpartiesin the National
Assembly,a commissionon appointments and a commissionon im-
peachmentare to be created,each to consistof 21 members.No
memberof the National Assemblymay hold any other officeor
employmentin the Government,or directlyor indirectlybe
financiallyinterestedin any contractwith the Government.
There is a limitationon the power of the National Assemblyto
increasethe appropriationrecommendedby the Presidentfor the
operationof the Governmentas specifiedin the budget,exceptthe
appropriationfor the National Assemblyand the judicial depart-
ment.Heads ofdepartments mayappearin thelegislatureupon their
own initiativeor upon the request of the National Assembly.
Eleventh-hourlegislationis limitedby the requirementthat no
bill shall be passed or becomea law unlessit has been printedand
copies of it in its final formfurnishedto the membersat least
threecalendardays priorto its passage by the National Assembly,
exceptwhen the Presidentshall have certifiedto the necessityof
immediateenactment.
In order to freethe chiefexecutiveor Presidentfrompartisan
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 PacificAffairs
interests,his electionfor the followingtermis prohibited.He is
given a termof six years duringwhich to carryout his policies.
In additionto his veto power over ordinarybills approvedby the
legislature,he has the power to veto any separateitem or items
in a revenueor tariff bill. He may also be authorizedby law to fix
tariffrates,importor exportquotas and tonnage and wharfage
dues, within specifiedlimits.In times of war or other national
emergency, the Presidentmay be authorizedby law to promulgate
rulesand regulationsto carryout a declarednationalpolicy,during
a limitedperiodand subjectto restrictions thatmay be prescribed.
The independenceof thejudiciaryis safeguardedby theprovision
thatno judge appointedfora particulardistrictshall be designated
or transferred withouttheapprovalof theSupremeCourt.It is also
providedthatthe compensation of a judge shall not be diminished
duringhis continuancein office. The rule-making poweris granted
to theSupremeCourtsubjectto thepowerof theNationalAssembly
to repealall rulespromulgatedby the Court.An independentgen-
eral auditingofficeis created,underan Auditor-General who holds
officefor a termof io yearsand is ineligiblefor re-appointment.
He is to be appointedby the Presidentwith the consentof the
commissionon appointmentsand his compensationcannot be
diminishedduring his continuancein the office.An independent
civil serviceis also created.

AN ANALYSIS of theConstitution
revealstheeffort
of its framers
to strikea happy medium between extremeindividualism
and socialism.While the rightsof the individualare fullypro-
tectedby the Bill of Rights (Article III), an enlightenedsocial
pointof view maybe discernedin ArticleXII on the Conservation
and Utilizationof Natural Resources.All natural resourcesare
declaredto belong to the State and theirutilizationis limitedto
leasing,by nationals,whichmay not exceed25 years,with renewal
for another25 years.The areas of public lands available to in-
dividualsand corporations are limited,as at present.The Constitu-
tiongoesfurther,and authorizestheNationalAssemblyto determine
the areas of even privateagriculturallands which individualsand
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The New PhilippineConstitution
corporations mayacquireand hold.It also authorizestheexpropriation
of landsto be subdividedintosmalllotsand conveyedat costto indi-
viduals.The transfer of privateagriculturallands to non-nationals
is
prohibited;and lastly,in theinterestof nationalwelfareand defense,
theStateis authorizedto establishand operateindustries, transporta-
tion and communication,and to nationalize private enterprises.
The social point of view may be discernedalso in ArticleII,
on Declarationof Principles.Section2 providesthatthe defenseof
the Stateis a primarydutyof the Government, and in the fulfill-
mentof thisdutyall citizensmaybe requiredto rendermilitaryand
civil service.Section5 statesthat "The promotionof social justice
to insurethe well-beingand economicsecurityof all the people
should be the concernof the State." In ArticleXIII, on General
Provisions,the social attitudeis also evidentin Section 6, which
providesthat"The State shall affordprotectionto labor,especially
to workingwomen and minors,and shall regulatethe relations
betweenland owner and tenantand betweenlabor and capital in
industryand in agriculture."
Abilityto readand writeis requiredof all voters.This qualification
createsa corresponding duty on the part of the State to educate
of age. In Section5 of ArticleXIII ("Gen-
its citizens,irrespective
eral Provisions")a completephilosophyof educationis enunciated.
It is not enough,accordingto the Constitution, to establishand
maintaina completeand adequate systemof education for the
young.It is essentialthatadultcitizensbe givencitizenshiptraining
by the State.As a matterof fact,the educationof adult citizensin
literacy,in use of arms,in physicaltrainingand in theperformance
of theircivic dutiesis of more immediateimportanceto the com-
monwealththan the trainingof school children.It is to be hoped,
therefore,that the prospectiveGovernmentwill carry out by
adequate legislationthe far-sighted policy enunciatedin the Con-
stitutionwith regardto adult education.
Amendments to theConstitutionmaybe proposedby theNational
Assembly,by a vote of threefourthsof all its members,or it may
call a conventionforthatpurpose.If approvedby the majorityof
the votes cast at an electionat which the amendmentsare sub-
mittedto thepeople,theyshall becomevalid.
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 PacificAflairs
The government establishedby the Constitutionis to be known
as the Commonwealthof the Philippines;but upon the finaland
completewithdrawalof the sovereignty of the United States and
the proclamationof Philippineindependence,it shall be known as
the Republicof the Philippines.

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