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Student Name: DOCTOR, John Ronald T. Subject: JPLN01A

Student ID No.: 2020-1-01767 Teacher: Nikko Jay Ramos
Course: BSIHM-HRA Section: H136

MIDTERM REQUIREMENT: A2 – ESSAY

THE 1943 PHILIPPINE CONSTITUTION
Read the 1943 Philippine constitution:
https://www.officialgazette.gov.ph/constitutions/the-1943-constitution/
Write an essay about the 1943 constitution by following these guide questions:
1. Why do you think it is important for our government and its people to follow the contents
of our constitution?
2.What are the similarities and differences between the 1943 constitution to the current
1987 constitution?
3. Given the situation that Jose Laurel is experiencing at that time, do you think he
deserves the position as president of the Philippines during the Japanese Occupation?
Reminders:
The essay should be up to 15 sentences or more. Please put your answers in a word
document file with a readable font style and size. You may contact your professor for any
questions and concerns for this assignment.

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The Constitution of a CONSTITUTION
The Constitution is the fundamental law of the land. It serves as the spine of the government, the
skeletal system of a country on which the power,
responsibility and functions of governance are anchored for
an orderly and progressive growth of the nation. As such, it
is imperative that the government and its constituents
respect, follow and defend the Constitution. Here are 10
reasons why the Constitution is important and why it is
equally important to abide by it:

https://correctphilippines.org/ 1. The Constitution embodies the ideals, goals and

aspirations of the country and its people. It is one great
unifier of dreams, ambitions and actions.

2. The Constitution defines the nature and the rules of a political or social organization, enforcing
order. Without law and order, there can only be chaos, and the country cannot move forward.

3. The Constitution distributes and defines the powers and responsibilities of the different branches
of government so that justice and equality be served. It defines the responsibilities of entities
whether they be governmental agencies, enterprises in the country or the masses of the nation.

4. The Constitution helps regulate the relationship between the government and its people in a
civilized manner.

5. The Constitution lays down the rights, privileges and duties of the people to the government as
well as the powers, duties and limitations of the government in governing its people.
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6. The Constitution of a country guarantees and respects the basic rights of the citizenry, and grants
special rights and provisions for any person, group of people and juridical personalities on behalf of
which they can ensure their well-being and dignity. Some of the most basic rights that are protected
by the Constitution are right to life, right to freedom, right to property and the right to participate
freely in the democratic system.

7. The Constitution guides the economy of the country by laying down the legal framework for
political and individual liberty that serves as springboard towards personal and trade development
and prosperity.

8. The Constitution sets the ground for foreign interactions and diplomacy.

9. The Constitution prepares the nation for any national emergency or need for power transfer. By
national emergencies, we mean a disasters (natural or man-made) that can devastate the nation or
parts of it.

10. The Constitution is the Mother Law or Apex Rule, i.e., it is superior to all the laws of the country
which means any law, provision or ordinance that runs counter to it is null and void, or voidable, and
cannot be enforced.

For me, the Constitution is the instrument of the construction and institution of a government. It
gives a government administration its legitimacy, as it provides for legal framework and rule of law,
which are essential in creating order and building peace. We have seen its significance during the
formative and transitory political periods in our Philippine History, where creating the Constitution
gives the people new hope, boosts their morale and refreshes their sense of national identity.

To cite,

 The 1899 Malolos Constitution (1899-1901). The Malolos Constitution established the Aguinaldo

presidency, creating what is referred to as the First Philippine Republic. The Malolos
Constitution formed a Filipino state whose government was intended and described to be
"popular, representative and responsible" with three distinct branches -- the executive, the
legislative and the judicial. The executive, the legislature and the judiciary are the main organs of
the government that the constitution established. This triad serves as the source of stability of
any country, without which, terror, corruption and mayhem may arise from among the masses.

 The 1935 Constitution (1935-1943, 1945-1973). The 1935 Constitution provided the legal basis
of the Commonwealth Government, considered a transition government before the granting of
the Philippine independence with American-inspired constitution.

 The 1943 Constitution (1943-1945). This Constitution established the Second Philippine Republic
during the time of Japanese Occupation in the Philippines.

(Note: The 1973 Constitution (1973-1986) – this one during the Marcos era was never ratified, and is
skipped in this essay)

 The 1987 Constitution (1987-present). This Constitution was nobly created during the Cory
Aquino administration. Following the transitory "Freedom Constitution" of 1986 which was
intended as a transitional constitution to ensure democracy and the freedom of the people, the
1987 Constitution has restored the democracy we are now enjoying. Borne of authenticity and
sincerity, it fittingly provided a new start for the country which suffered under the oppressive
claws of dictatorship for more than two decades. With the 1987 Constitution, The Philippines
once again became a true democratic republic. 
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https://slideplayer.com/slide/13105563/

Reading both the 1943 Constitution and the 1987 Constitution, I think the two constitutions have the
same honorable objective of seeing a free and independent Philippines. The themes of freedom,
justice, equality, among other noble ideals, reverberate throughout the doctrine. However, in
context, I think the 1943 Constitution was made to give the Japanese-sponsored government
credibility but it lacked sincerity and had the intention of controlling the people. That in reality, it
was created to prolong the military rule over the Philippines by the Japanese Imperial Army.

On the other hand, the 1987 Constitution had the intention of having a new start and to really speed
away from the shadow of the oppressive martial law. Here we see how powerful the Constitution
can be, that it can be used either for the good or for the bad of a country, depending on its intent
and use.

In a democratic country like the Philippines, the Constitution should be like the Holy Bible of
Governance. And if it is to be like the Bible, which is the greatest and holiest book ever written, then
it should be truthful, honest and spirited. We should respect its existence and dignity while making
sure that its rules and provisions are followed by each and everyone in the country and benefit the
nation and its citizenry. Or, in the memorable phrase of President Abraham Lincoln, a “government
of the people, by the people, and for the people”.

The Presidency Under the 1943 Constitution

Given the circumstances of the ti me, with the contrived 1943 Consti tuti on and the
Japanese occupancy to contend with, the challenge of leading the nati on will be
daunti ng. But not to a man of courage. Such a man was Jose P. Laurel who was sworn
into office as the President of the Japanese-sponsored Philippine Republic (2nd Philippine Republic).
Destiny fulfilled, J.P. Laurel was the person best fi t to serve as that era’s President.

He was literally the “Father of the 1943 Consti tuti on”, having been the president of
the PCPI (Philippine Commission for Philippine Independence) that prepared the
Consti tuti on before he was elected President by the National Assembly and sworn into office on
October 14, 1943. So he knew the law both as a legislator and as a former SC Associate Justice.

Further, Laurel had the qualifi cati ons and traits of a presidenti able leader. At the
ti me, it was criti cal that the nati on’s leader not to appear antagonisti c to the
Japanese. Laurel fi tt ed the bill: he was known to be critical of the U.S. for the way the
Americans governed the Philippines; he had Japanese education, with a degree from the Tokyo
International University; and even had a son Jose “Pepe” Laurel III attending at Japanese Imperial
Japanese Army in Tokyo. Laurel was the perfect man, equipped with intelligence, courage and
cordial relationship with the Japanese, to soften the blow of enemy occupation.
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But as he fitted the bill ideally, these also served as the reasons why he was accused of being called
“Pro-Japanese” and a “traitor”. But I think, to put it bluntly, Laurel was just dealt with a bad hand of
cards, where on one hand he had to appease the Japanese while on the other hand, he needed to
look out for his fellow Filipinos.

But as the saying goes, a man is known by his actions shown. Gestures betray a man untrue to his
intentions, but his authenticity is revealed by his sincerity.

A reading of narrative history would reveal that during the Japanese occupation, Laurel overtly or
covertly undermined the Japanese rulers every chance he got, all for the sake of his countrymen.
Let’s take a sampling, and look at one of the things that Laurel did that will reveal and exemplify that
he was actually, as he himself declared, “pro-Filipino”:

When Jose P. Laurel was forced to the wall under threat of death by Japanese authorities to make
such a statement, he declared only a ‘state of war’ instead of ‘declaration of war’ against America,
and in doing so, he also proclaimed that there would be no conscription of Filipinos, refusing to
draft a single Filipino into the Japanese military.

Subsequently, one of the strongest defenses and proofs that Laurel could not be the
bad man he was being painted by some, was when one judge actually resigned from the
court set up to try collaborators to become chief of his defense counsel instead. Antonio Quirino,
brother of future president Elpidio Quirino, protested for Laurel’s innocence by announcing his
resignation from the People’s Court to head Laurel’s defense team.

And his vindicati on came into being when he ran for Senator one last ti me in 1951 and
won. He garnered the highest number of votes among the candidates. After serving his term, he
retired from public office, refusing requests for him to run for president and instead dedicated his
time to forming and running the family-owned Lyceum of the Philippines.
 
CONCLUSION
As can be seen, Jose P. Laurel deserved to be President of the Second Philippine Republic and did his
best, given the circumstances of the time. What he does not deserve is to be judged a “traitor” and a
collaborator. Not that the word collaborator per se is bad, but in the context of that era, at best and
if ever so, Laurel was a reluctant collaborator, who had the best interest of his fellow Filipinos in
mind.

We need to do more readings on Jose P Laurel to better understand the man. I think history, as we
pass it to the succeeding generations, should be kinder to him. Thus, it’s only right that we re-orient
ourselves and get to know Laurel not as a so-called puppet president, but as one of the good
presidents the Philippines ever had.

On an endnote, this is why, when I was asked about my 5 impressions on Jose P. Laurel, I said that it
was unfairly judgmental to label the man as traitor or puppet president, or heck names such as
stooge or lackey, or cast doubts on his competencies and contributions. In spite of the controversy,
closer to the truth is that Jose P. Laurel has done the country a great deal of good, and remembering
him as such, is the ultimate laurel we could rest on his head.

References:
https://kr.usembassy.gov/wp-content/uploads/sites/75/2017/04/Democracy-in-Brief_kor-1.pdf
https://scholarworks.boisestate.edu/cgi/viewcontent.cgi?article=2694&context=td
https://www.airtract.com/article/why-is-the-constitution-important--7-reasons-
https://batasnatin.com/law-library/political-and-public-international-law/constitutional-law/1334-1987-1973-1935-philippines-
constitution-compared-comparison-matrix.html
https://democracy-reporting.org/constitutions/
https://searchworks.stanford.edu/view/4804982
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https://www.rappler.com/newsbreak/iq/fast-facts-1987-philippine-constitution
https://batasnatin.com/law-library/political-and-public-internationacollaborator (l-law/constitutional-law/1334-1987-1973-1935-
philippines-constitution-compared-comparison-matrix.html
https://www.officialgazette.gov.ph/constitutions/
https://en.wikipedia.org/wiki/Constitution_of_the_Philippines
https://www.nyulawglobal.org/globalex/Philippines.html
https://filipiknow.net/interesting-facts-about-president-jose-p-laurel/
https://opinion.inquirer.net/87395/puppet-president
Puppet president’ by: Ambeth R. Ocampo - @inquirerdotnet Philippine Daily Inquirer / 12:20 AM August 07, 2015