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1943 Constitution PDF
1943 Constitution PDF
III
701.0090/3366
Introduction
Under Japanese military occupation the Philippine Islands have been governed
very largely under the same laws and by much the same men as under the
Commonwealth. There were two fundamental changes. The first was symbolized by the
immediate conversion of the United States High Commissioner’s residence into the
abolition, at least temporarily, of the popularly elected legislature. Behind the scenes, of
course, Japanese activities and influence affected all phases of Philippine life. But in a
governmental sense the outward changes introduced were less striking than the very
It seems probable that the policies pursued by Japan in governing the Philippines
were determined well in advance. Subject to such modification as military security might
require, there were compelling practical reasons for preserving the machinery of the
efficiently on the whole. The invaders’ immediate purposes were to gain military control
and to redirect all economic activity as quickly as possible toward the further prosecution
of the war. Practical considerations quite evidently outweighed any ideological objections.
Even for the more distant future, it would not much matter what form of government
obtained in the Philippines as long as external relations and vital phases of economic life
Government. This was facilitated at the outset by arrangements made for the surrender
of Manila, The High Commissioner and President Quezon were already at Corregidor,
and the latter’s Secretary, Jorge B. Vargas, had been left at Malacanan with the
unenviable assignment of obtaining the best treatment he could for the city.
Communication ceased between the High Commissioner [Page 1109] and his Executive
Assistant in Manila, Claude A. Buss, while the President and General MacArthur’s26
The invaders were not slow to see the opportunity offered them. Judged by
Oriental standards, the Japanese were on their good behavior when the city was
occupied. Whether or not this was due in part to leaving Vargas in charge, the fact
remains that the United States had abdicated its authority in Manila before the Japanese
politicians and fulfilling the functions of the former Cabinet. Both of these organizations
obviously were transient in character. It is understood that the Commission was told to go
ahead and run the country until a permanent form of government could be worked out,
but with an admonition not to revive ante-bellum politics. After the emergencies of the first
few weeks had been met, the chief end of the Military Administration was to direct the
Next came the introduction of the one-party system, in the Japanese form of a
[Here follow sections on the Japanese Military Administration, the Philippine Executive
Independence
With the work of the Military Administration and the Executive Commission well in
Association one-party idea thoroughly embodied in the new Kalibapi, Premier Tojo29
found it opportune in January, 1943, to issue a formal pledge of independence for the
Philippines. In the same speech before the Imperial Diet, independence was promised to
Burma “within the year” and to the Philippines “at the earliest possible moment.” This
[Page 1110] pledge provided a theme for countless political speeches throughout the
Philippines, by both Japanese and Filipinos, during the succeeding months. On one hand
it was cited as final proof of Japan’s true intentions and the other as implying a threat that
independence would not be granted until all guerilla activity had ceased and whole-
Among these, ex-Ambassador Nomura30 stayed only long enough to predict the eventual
defeat of the United States and to evade questions put to him by the press as to American
On May 5, 1943, Premier Tojo arrived in Manila. He appears to have been satisfied
with the attitude of the Filipinos,* as voiced by Vargas† and others, or at least to have
found no reason for further delay in fixing an approximate date for Philippine
independence. Greater East Asia Minister Kazuo Aoki, visited Manila a few days after his
chief and apparently confirmed his findings. On June 16, not long after his return to Japan,
Tojo declared before the Diet that the Philippines would be given independence within
the course of the year. In the visitors’ gallery at the time was a group of Filipinos, headed
by Mayor Guinto,32 who were enjoying a junket to Japan. Four days later a Preparatory
Great attention was given in the press to the activities of the Preparatory
Commission,‡ which included all of the members of the Philippine Executive Commission.
Interesting additions included Vicente Madrigal, the shipping magnate, Manuel A. Roxas,
who had thus far refused to collaborate in any way and had spent some time in Fort
Santiago as a result, and Alaoya Alonto Sultan Sa Ramain, the sole representative of the
Mohammedan Moros. As their work progressed, Laurel announced that the Commission
had agreed upon a republican form of government as best suited to the Philippines. At a
plenary session of the Commission on September 3, 1943, the new constitution was
adopted.
[Page 1111]
meet the new conditions imposed by Japanese conquest. In the preamble the Filipino
people “proclaim their independence.” In fact the constitution contains no reference either
to Japan or to the Co-Prosperity Sphere. The most striking feature, however, is the
virtually dictatorial power given to the President of the Republic. Elected by a majority of
all the members of the unicameral National Assembly for a term of six years, he appoints
not only the Cabinet Ministers and Vice-Ministers, Ambassadors, bureau heads, the
higher officers of the armed forces and the advisory Council of State, but also all judges,
provincial governors, city and municipal mayors and all other officers of the government
The full significance of the presidential appointive powers becomes apparent when
it is noted that the approval of the legislature is in no case required, and that one-half of
governors and mayors of chartered cities being members ex-officio. The remaining half
of the Assembly is to be elected in a manner that “shall be prescribed by law, which shall
not be subject to change or modification during the Great East Asia War.” It appears that
such “elections” are to be in Kalibapi hands, and it will be recalled that the governors and
mayors who are members of the legislature also head the local branches of the Kalibapi.
Directly or indirectly, therefore, the entire membership of the National Assembly will be
the required majority of all its members in concluding treaties should not be difficult to
obtain. Even this requirement is dispensed with in the case of executive agreements with
a foreign nation for the utilization of natural resources and the operation of public utilities
for the duration of the Greater East Asia War. The veto power of the President is made
all but final by a provision that he may disapprove a bill for the second time, if repassed
over his veto by a two-thirds vote, and that in such case the Assembly may not during the
same session reconsider the measure. A unanimous vote of the Supreme Court is
as a bill of rights and the requirement that 60 percent of the capital of a corporation
exploiting natural resources must belong to citizens of the Philippines, the new document
ends with several transitory provisions. The new constitution was to be “ratified by the
were to become ministries [Page 1112]of the Republic automatically, while existing courts
and laws were to be taken over and continued in force except where inconsistent with the
provisions of the constitution. All property rights and privileges acquired since the
outbreak of the war were made subject to adjustment and settlement at the termination
of hostilities. Finally, within one year after the end of the war, the National Assembly is
plebiscite.”
In making public the text of the constitution, Laurel stated that it did not agree in all
respects with Japanese ideas, but that the Preparatory Commission had been given a
free hand in the drafting. Some days later the constitution was ratified by a Kalibapi
Chairman Vargas. On September 15, the various Kalibapi chapters selected their
delegates to the new National Assembly. Within two weeks the Assembly had convened
and elected José P. Laurel President of the Republic of the Philippines, permitting him to
leave at once for Tokyo accompanied by Vargas and Aquino.34 Laurel was expected to
sign treaties providing for the continuance of Japanese military occupation and the
regularizing of various economic questions. Vargas would open the first Philippine
Embassy in Tokyo. Laurel and Aquino would return to Manila, where they would obtain
the National Assembly’s approval of the new treaties with Japan and take part in the
Public Opinion
In its general conception the Japanese plan for winning over the people of the
conquered Philippines scarcely could have been improved. It was of the same high order
as the strategy of their general staff during the first six months of the war. Yet despite
their important initial success in gaining the collaboration of so many Filipino leaders, the
plan as a whole has been a failure. The people referred scornfully to independence “made
in Japan,” and to the “peace of the carabao” which Japanese military protection would
afford them. Leading Filipino collaborationists were spoken of as “military objectives.” The
United States was never more popular among the people of the Philippines than at the
What were the causes of Japanese political failure in the Philippines? The first was
the impossibility of persuading any important number of Filipinos that the United States
could lose the war. Certain victory was the central theme of Japanese propaganda, and
[Page 1113]it was well presented on the whole. That it did not succeed in the Philippines
was the fruit of 43 years of intimate contact with Americans. The attitude of the average
Filipino with some education differs in no important way from that of the average American
as regards the issues of the war. He is just as certain that the Axis is in the wrong, just as
sure of a United Nations’ victory. In agreement with certain American radio commentators,
the Filipino is inclined to be over-optimistic as to the time required to defeat Japan, despite
the overwhelming Japanese military successes of which he was an eyewitness. If the war
does not last too long, it appears improbable that the Japanese will make much headway
The second cause of Japan’s political failure in the Philippines may be found in the
repetition of the worst mistakes made by Americans. At his best the invader was
condescending and patronizing to the Filipino; at his worst he was grasping and brutal. In
the beginning Japanese propaganda laid emphasis on the disappearance of the color line
which Americans and British had drawn. It was a good point and worth following up. But
the Filipinos found that in actual practice the Japanese soon monopolized the best clubs,
hotels and apartments to a greater extent than the Americans had ever done. They
demanded and got the best of everything. Equally objectionable to many was the
Japanese assumption of superiority in medicine and other professions where Filipinos
And the Japanese were unnecessarily brutal. It has been mentioned that they were
on their good behavior when Manila was occupied, judged by Oriental standards. This
was less true in the provinces, where executions and looting are reported to have been
much more general. The Filipino knows the meaning of martial law, and when taking part
in a guerrilla raid he realizes the risk involved. But after nearly half a century of American
rule he was not accustomed to torture. Certainly he was not used to seeing innocent men
The Filipino did not care for public floggings or the dislocating and breaking of limbs
in punishment for minor offences. Americans were rough at times, particularly in the early
days, but such cases were exceptional and did not represent a policy. With the Japanese
it was a simple routine; they evidently considered that they were being very easy with the
troublesome Filipinos. Certainly they were much harder on the Chinese in the Philippines,
from the Consul-General in Manila,35 who appears to have been executed, to the simple
junk man who was beaten up by a guard at the Consular Internment Camp, apparently
[Page 1114]
What then was the attitude of the typical Filipino toward the native collaborationist
government? It followed the same pattern as that of the average American citizen in the
Philippines: almost no one really approved of collaboration, but beyond that opinions
varied widely. At one extreme, many felt that shooting was too good for men who played
the Japanese game to the extent indicated in their speeches. Others felt that in an
between there was support for a policy of reserving judgment until after the war when all
the facts would be known. There promised to be strong opposition to any proposal for a
general amnesty. The extremists will be out for blood, while many of the so-called
It is a common belief in the Philippines that if President Quezon and Vice President
Osmeña had remained behind they too would have been compelled to collaborate.
Certainly the Japanese would have put forth extraordinary efforts to bring this about. On
December 30, 1941, three days before the occupation of Manila, General Homma
year later the Japanese were still dealing gently with him, as illustrated by an editorial in
the Manila Tribune of December 15, 1942¶ on Mr. Quezon’s “tragedy”. His subsequent
radio speeches, however, appear to have gotten under Japanese skin, and in the same
uncertain terms on President Quezon’s hyprocrisy, threatening him and other Filipino
After nearly two years of Japanese occupation the spirit of the Filipino people
remained high. Despite the one-sided military campaign, which cost the lives of some
30,000 of their sons and for which the help promised by America never arrived, they are
loyal to the United States. American civilians interned in the Philippines were all but
opportunity. The red armband, prescribed for Americans and other United Nations
nationals when they went outside of an internment camp for any reason, was a badge of
honor not of disgrace in Filipino eyes. A strange Filipino greeted an American on the street
soon after the armbands were introduced. “That’s a good idea,” he said, “now we know
[Page 1115]
Manila after the fall of Corregidor, the Japanese hoped that it would impress the Filipinos
as final evidence of the downfall of American power in the Far East. But the reaction was
simply one of sorrow and of sympathy for the men who had endured five months of hell
on “The Rock” and were so obviously in a state of exhaustion. Cigarettes and food were
handed to them whenever the attention of the guards relaxed. Much later several hundred
American prisoners appear to have been taken through the streets barefooted, many of
them dressed only in makeshift g-strings. Again all Manila was talking, not of Japan’s
triumph but of Japan’s inhumanity. Then in the summer of 1943 a propaganda picture,
“Down with the Stars and Stripes,” was being filmed in Manila, with American prisoners
and tanks in one of the shots. Some Filipino and Spanish girls among the onlookers are
reported to have used the occasion to throw cigarettes to the Americans and were taken
new emphasis with the hatred engendered by Japanese occupation and ruthlessness. It
opinion they are decidedly significant in the Philippines. Outside the chief military centers,
mostly in Luzon, the Islands were lightly held by the Japanese. In many regions the so-
called guerrillas were all but supreme. Some units were headed by USAFFE36 officers,
American and Filipino, while in at least two cases they were being led by former provincial
governors.‡‡ There were reports almost every week of the killing of Japanese soldiers
within the city limits of Manila, and they were forbidden to go out singly at night. Leading
collaborationists realized that the guerrillas regarded them as military objectives and took
what precautions they could. The attempt on Laurel’s life was only the most spectacular
of a series. Great efforts were made to conceal such occurrences in most cases, but a
number of rather prominent Filipinos are known to have been assassinated. In parallel
action, the Chinese in Manila disposed of one of their well known businessmen for
Guerrilla activity in the provinces was a major factor in increasing the population
of Manila to a point where housing, food and unemployment problems, difficult enough in
any case, added fuel to Filipino [Page 1116]hatred of the Japanese. Local stocks of
textiles and clothing were virtually exhausted at the end of the first year. The invaders did
not concern themselves with supplying manufactured articles to the Philippines; probably
they had neither goods to spare nor ships to carry them. The urban Filipino found that he
could buy almost nothing except food, which rose continuously in price, while the farmer
gradually lost interest in supplying the city markets in return for paper money which would
no longer obtain for him even the few items he was accustomed to buy. Rationing and
price control measures in general did not work smoothly and the cost of living rose to
unprecedented heights. Business was all but stagnant. The public made no mistake in
blaming everything on the invaders, and their opinion was not diverted by the enforced
observance of Japanese holidays, with parades, homage to the Imperial Palace and free
street-car rides.
Japan has failed to win Filipino support and sympathy. Even the idea of
independence, prostituted by the Japanese, has lost its appeal for the time being. “We
would rather be slaves under the Americans,” a prominent Filipino insisted. But signs of
radio news is less generally heard than in the cities. Also it is just possible that after the
granting of nominal independence to the Philippines the invaders may try to mend their
ways. Many of them appear to like the Filipino; they secretly admire his Occidental
accomplishments, his good English. But the Japanese seem not to realize that an Oriental
differs in outlook and reactions from an Occidental only in so far as his cultural inheritance
has been different, and that in most respects an educated Filipino is more like an
American or a Spaniard than a Japanese. If the invaders should become aware of this
fact, resulting in a more intelligent approach to winning Filipino friendship, and if the war
should last long enough, the enthusiasm of the Filipino people for America might well
become blunted.
The people of the Philippines are still convinced that the Americans will come back
and give them real independence. But they may be more modest than in earlier years.
They know now that complete independence is possible only for the strongest nations,
perhaps no longer even for them. Protection against future aggression they must have.
supervision over their foreign relations, and perhaps over their handling of minorities. But
as the most advanced of the southern Oriental peoples their sensibilities must be
respected. The Americans returning to Manila after the war must not expect to find things
as they were. The “white man’s” privileges, symbolized by the exclusiveness of the Army
and Navy Club, must be a thing of the past. Modesty will become Americans as well as
Filipinos. In [Page 1117]Bataan they went down to defeat together and under Japanese
rule the people of the Philippines remained the faithful friends of Americans in adversity.
[In a letter of December 13 to the Chairman of the House Committee on Insular Affairs
(811B.50/39), the Secretary of State indicated the Department’s “sympathy with the
finance, economic stability, and rehabilitation of the Philippine Islands.” The resolution
SOURCE: https://history.state.gov/historicaldocuments/frus1943v03/d984