Readings in Philippine History sending eleven more missions. The ninth of these missions was led by Sen.
Reviewer for the Final Exam Sergio Osmeña and House Speaker Manuel Roxas (hence, it is also called
Topics:
1935 Philippine Constitution
1. Historical Background
2. Important Provisions
a. Legislative Department
b. Executive Department
c. Judicial Department
3. Amendments
1935 Philippine Constitution
Historical Background
Even after years under the tutelage and authority of the Americans,
the Filipinos never forgotten their desire to gain freedom. They have never
relinquished their aspiration to one day create a sovereign nation governed
by the Filipino people. What may have changed were their strategies to obtain
it. Realizing that independence could not be gained from the Americans by
force, they instead collaborated with them to secure it peacefully.
In February 1919, the first Independence Mission, headed by Senate
President Manuel L. Quezon, left Manila for United States to attempt at
securing an independence law, which was hoped to become the legal basis
of Philippine independence. However, the circumstances of the times where
not in favor for the Filipino’s desire for independence, given that the world
has just been recovering from the perils of the First World War. In view of
this, the mission’s goal was not accomplished. However, this initial failure
did not demoralize the Filipinos. For the succeeding years, they would be
as the OSROX Mission). The atmosphere was somehow favorable for the
passage of an independent act since there were important sectors and interest
groups who wanted that the United States relinquish its control of the
Philippines. These groups included the following: (1) the American farm
group, (2) American labor group, (3) and the so-called isolationists. The
first groups was concerned about the tight competition that the Filipino
agricultural products and laborers exert on them. The isolationists, on their
part, wanted the United States to grant the Philippines freedom because they
feared that the continuous occupation of the islands may unnecessarily draw
the Americans to a war with the aggressive Japanese empire. Indeed, the
efforts of the Osrox mission was seemingly coming to a success. The fruit of
their labor was actualized when the Hare-Hawes-Cutting Act was repassed,
over the veto of Pres. Herbert Hoover, by the US Congress on January 17,
1933. The H-H-C law was the first independence law passed by the US
Congress.
However, unfortunate for those who have gone through great lengths
to come up with this law, the then leader of the Senate, Manuel L. Quezon,
was not satisfied with the said law and rejected it supposedly based on some
objectionable grounds. Indeed, on October 17, 1933, the senate rejected the
said independence act, only to be revived again with a different name and
slight changes. After leading the rejection of the HHC law, Quezon avowed
that he himself would go to US and secure a better independence act. With
the help of his American friends, Quezon was able to obtain a second
independence law, the Tydings-McDuffie Act of 1934. This law was passed
by the US Congress and subsequently signed by Pres. Franklin Roosevelt on
March 24, 1934. Although it later became the legal basis of the establishment
of the Commonwealth Government and the creation of the 1935 Constitution,
many note that the Tydings-McDuffie Act was essentially the same with the
H-H-C law. They say that the modifications that Quezon was able to secure
was modest, or even insignificant. This doubt led many to conclude that
Quezon’s motive in rejecting HHC was political in nature. He was probably
afraid that should the HHC become the official independence act of the
Philippines the credit would go to the leaders of the independence mission
that secured the passage of the said law, Osmeña and Roxas.
In accordance with the Independence Act of 1934 (which was
approved by the Philippine Legislature on May 1, 1934), the delegates (202
delegates) to the Constitutional Convention were elected on July 10, 1934.
On February 8, 1935, the constitution was approved by the Convention.
Later, it was approved by Pres. Franklin Roosevelt on March 23, 1935.
Ultimately, the people ratified the constitution in a plebiscite held on May
14, 1935.
Important Provisions
1. Legislative Branch. Unlike in the previous organic acts that governed
the country, the 1935 Constitution established a unicameral national
assembly to serve as the national legislating body. This assembly was
to be composed of 98 members, with at least one representative for
each province. The apportionment of representation was based on the
population of each province. The members of the national assembly
were supposed to sit for three years per each term (Art. 6, Sec. 1, 1935
Constitution).
2. Executive Branch. The executive power was vested in the President
of the Philippines. The President and Vice-President were chosen
through a direct popular vote of the people for a term of six years. The
President was not eligible for a reelection. And any person, including
the Vice-President, who has assumed the Presidency in acting
capacity for at least one year before the election was not eligible to
run for President at the said election (Art. 7, Sec. 1, 2, 3, 1935
Constitution).
3. Judicial Branch. The judicial power was vested on the Supreme Court
and other inferior courts that may be established by law. The Supreme
Court was composed of one chief justice and ten associate justices.
The members of the Supreme Court and all the judges of the inferior
courts were appointed by the President with the consent of the
Commission on Appointments of the National Assembly (Art. 8, Sec.
1, 5, &4, 1935 Constitution).
Amendments
This constitution was amended in two occasions, on 1939 and 1940.
The 1939 amendment was the result of the changes on the economic
provisions of the Tydings-McDuffie Act of 1934. The other amendment, the
1940 amendment, introduced the following changes:
1. Changing the tenure of the President and the Vice-President into four
years with reelection;
2. Creation of the independent Commission on Elections to supervise
all elections; and
3. Establishment of a bicameral Congress of the Philippines, with the
Senate as the upper house and the House of Representatives as the
lower house. This provision abolished the National Assembly.
Prepared by:
Julius E. Aquino, LPT
Part-time Faculty, CNU-CCAS
References (Chicago Manual of Style)
1. Agoncillo, Teodoro. Introduction to Filipino History. Quezon City,
Philippines: Garotech Publishing, 1974
2. Candelaria, John Lee P., and Alphora, Veronica, C. Readings in
Philippine History. Manila, Philippines: Rex Bookstore, Inc., 2018.
3. Corpuz, Ronald M., Tabotabo, Claudio V., and Mellejor, Lorna W.
Philippine History with Politics and Governance. Manila,
Philippines: Mindshapers Co., Inc., 2012.
4. Halili, Maria Christine N. Philippine History. 2nd ed. Manila,
Philippines: Rex Book Store, Inc., 2010.
5. Official Gazette. The 1935 Constitution. Official Gazette. Accessed
December 06, 2023.
https://www.officialgazette.gov.ph/constitutions/the-1935-
constitution/
6. Solmerano, Ernesto Thaddeus M., Palencia, Marjueve, M., and
Galicia, Reynaldo. Readings in Philippine History. Manila,
Philippines: Fastbooks Educational Supply, Inc., 2018
7. Zaide, Gregorio F. and Zaide, Sonia M. Philippine History and
Government. Manila, Philippines: National Bookstore, Inc., 1987.