1935 Philippine Constitution
Historical Development:
In 1916, the US Congress passed the Jones Act
which specified that independence would only be
granted upon the formation of a stable
government (democratic) modeled in the
American model.
The US approved a 10-year transition plan in
1934 and drafted a new constitution in 1935.
After some issues and problems, this constitution
which had featured a political system, virtually
identical to the American one, finally became
operative.
 Sergio Osmeña and Manuel Roxas went to
the US to ask for independence.
-They brought the Hare-Hawes
-Senate President Manuel Quezon
rejected this
 The law said the independence would be
given for 10 years but no constitution (for
the formation of the government)
1934, US Congress passed an act.
- It was Tyding-Mcduffie.
 Manuel Quezon went to the US
 Was granted Tyding-Mcduffie
- Had 10 years agreement
- Ratified the constitution
 Has the Bill of Rights
- Rights of Filipinos to have own
government and constitution
Salient Features:
 It became the legal basis of the
Commonwealth Government.
 It enumerated the composition, separation
of powers, and duties of the branches of the
government.
○ Executive
○ Legislative
○ Judiciary
 It adopted the Regalian Doctrine of the
Principle of State ownership for its natural
wealth utilized by every citizens
○ Ownership of the land that can be
utilized by every citizen.
 It had created the General Auditing Office.
○ To have transparency of the different
branches of the government
 It had followed a unicameral system of
government
○ Senate & Congress are combined
 It gives the president the powers including
the emergency power in terms of protecting
the State from wars and national
emergencies.
1973 Philippines Constitution
Historical Development:
Marcos, with the presence of the Constitutional
Convention, amended the 1935 Constitution into
1973 Constitution justifying the insurgency of the
Communist party during his tenure; hence, he
had declared Martial law to handle the
phenomenon that time.
Salient Features:
a) The content of the Constitution is comprised of
a preamble in contrast to the 1935 Constitution,
and 17 articles especially on duties of the
netizen.
b) It is the first time in history to have a
parliamentary system of government where there
is:
(b.1) the President symbolized as the
head of the state, and be voted by the people in
a State; and
(b.2) the Prime Minister symbolized as
the head of the government, and be voted by the
ministries or what we call today as the cabinets
as well as the members of the National
Assembly.
c) Legislative powers are also given to the
President in enacting laws necessary to prevent
the insurgency of New People’s Army.
d) There is an emphasis of the duties and  The Law of the Indies, the Spanish crown
obligations of the citizens especially in giving awarded tract of land to
military services and joining military forces. a. Religious order
e) The Constitution depicts an autocratic b. Spanish military
leadership to maintain and improve the discipline c. Spanish encomenderos
of every individual person.  Encomienda system
○ Mandate to manage the encomienda
or the land given to them.
○ Filipinos were not given the rights to
own the land, but only to work there.
- There is a sharing of craft.
Agrarian Reform Policies ○The Spanish government saw that
I. What is Land Reform the encomenderos were abusing their
- It is a purposive change in the way which power.
agricultural land is held or owned.  Hacienda System
-The method of cultivating that are employed in ○ It was developed in the beginning of
relation of agricultural to the rest of economy 19th Century ○ The Spanish government
- Reform such as these may be procreated by a implemented policies that could fastrack the
government by individual or group by revolution entry of the colony into capitalist
• How government helps farmers
• Policies connected to lands AMERICAN
• How the livelihood of the Filipino people can be  The Bill of 1902
improved Provided regulation on the disposal of
• Help farmers to have their own land public land.
• Relationship of tenant to owners - A private individual that has a 16
hectares of land by corporate land holder may
II. COMPARISON OF LAND REFORM have 1024 hectares and that americans will also
POLICIES be given the rights to own the agricultural land in
SPAIN the country.
 Pueblo agricultural system  The Philippine Commission who enacted
○ Families are not allowed to own their Act #496, the Land Regulation Act.
land ○ Introduced the torrent system
Spain owned the land and the Filipinos ○ To address the absence of earlier
were assigned to cultivate them record issues and conduct the accurate survey
They paid colonial tribute to about the land title
that land in the form of agricultural  1903
product ○ The Homestead Program
 ○ Allows the tenant to enter the ○ The tenant shall apply to the tenant
agricultural business by acquiring a farm of farmer of the private agricultural land
atleast 16 hectares primary devoted to rice and corn under
 POST WAR the system of share craft or lease tenancy
- Elpidio Quirino where they classify as landed(?), estate,
○ LASEDECO or residential use
○ Land Settlement Development ○ The tenant can have land (5 yrs of
Corporation Established to accelerate and tenancy)
expand the resettlement program for the
peasant
- Ramon Magsaysay
○ NARRA
○ National Resettlement and
Rehabilitation Administration
○ he saw the importance of pursuing a
genuine land reform program
○ The majority leader of the legislation
to improve the land program
○ Republic Act 1199
○ Agricultural tenancy
It was passed to govern the relationship
between the land otwner and the tenant or
the farmer, protecting the tenant's right and
enforce the tenancy practices
- Diosdado Macapagal
○ Agricultural Land Reform Code
○ Republic Act 3844
To establish ownership,
cultivatorship
To achieve a dynamic existing
small farmer
 MARCOS
- Code of Agrarian Reform
○ Considered the code of agrarian
reform of marcos administration
○ Explains the right of the tenant