1935

Constitution of
the Philippines
THE HISTORY OF THE 1935 CONSTITUTION

• In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters for creating a
constitution for the Philippines in accordance with the Tydings-Mcduffie Act of 1934.
• The 1934 Constitutional Convention finished its work on February 8, 1935.
• The Constitution was submitted to President Franklin Roosevelt of the United States for certification on March 25, 1935. It
was in accordance with the Philippine Independence Act of 1934.
• The 1935 Constitution was ratified by the Filipino people through a national plebiscite, on May 14, 1935.
• Came into full force and effect on November 15, 1935, with the inauguration of the Commonwealth of the Philippines.
• In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines.
• The amendment also changed the term limit of the President of the Philippines from six years with no reelection to four years
with the possibility of being reelected for a second term.
• During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed Preparatory
Committee on Philippine Independence to replace it.
• President Manuel L. Quezon issued Proclamation No. 36, s. 1936, declaring the 8th of February of every year as Constitution
Day to commemorate the completion of the 1934 Constitutional Convention’s task.
Article I - THE NATIONAL TERRITORY
National Territory means all the surface area, subsurface, waters and atmosphere comprising the territory of the country
and its exclusive economic zone.

Section 1. The national territory as defined by the 1935 Constitution consisted of all the territory ceded to the United
States under the Treaty of Paris of 1898 between America and Spain, and all the islands embraced in the Washington
Treaty of 1900 between America and Spain, and the Treaty of 1930 between America and Great Britain, and all the
territory over which the government of the Philippine Islands then exercised jurisdiction.
Article II - DECLARATION OF PRINCIPLES
• to avoid tyranny in the government
• Philippines is a democratic and republican state
• The Philippines renounces war as an instrument of national policy

Article III - BILL OF RIGHTS

• No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.
• Jose P. Laurel (Former President of the Philippines)- one of the sponsors in the recreation of bill of rights
• protects freedom of speech, religion, assembly, and due process of law.
• The 1935 Bill of Rights was enhanced by the 1987 Bill of Rights
Article IV – CITIZENSHIP
• The article talks about the position of status of being a citizen of the Philippines. That its citizenship is determined
by the conditions under which it will recognize persons as its citizen, and the conditions under which that status will
be withdrawn. Citizenship is the most privileged form of. This broader term denotes various relations between an
individual and a state that do not necessarily confer political rights but do imply other privileges, particularly
protection abroad.
Article V – SUFFRAGE
• It is the right to in electing public officials and adopting or rejecting proposed legislation. Suffrage may be exercised
by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are
able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein
they propose to vote for at least six months preceding the election.
• The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that
purpose within two years after the adoption of this Constitution, not less than three hundred thousand women
possessing the necessary qualifications shall vote affirmatively on the question.
Article VI - LEGISLATIVE DEPARTMENT
• It is a lawmaking institution of the government also known as the legislature
• The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House
of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
• The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Article VII - The Executive Department
• It is the institution that governs the stage by implementing laws and creating policies and programs to respond on the needs of
the state.
• The executive power shall be vested in the President of the Philippines.

• The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed.
Article VIII - JUDICIAL DEPARTMENT
• provides for the Judicial Department, its composition, powers and functions. The Supreme Court is
the only court created by the Constitution, all other courts are of statutory creation. A Chief Justice
and ten Associate Justices compose the Supreme Court. The jurisdiction of the Supreme Court are
likewise provided herein. The powers of the Supreme Court includes, among others, the promulgation
of rules concerning pleading, practice and procedure in all courts as well as the admission to the
practice of law.
 Article IX - IMPEACHMENT
• provides for the process of removing from office the President, the Vice-President, the Justices of the
Supreme Court and the Auditor General. The grounds for impeachment are culpable violation of the
Constitution, treason, bribery and other high crimes.
Article X - GENERAL AUDITING OFFICE
SECTION 1. There shall be a General Auditing Office under the direction and control of an Auditor General,
who shall hold office for a term of ten years and may not be reappointed. The Auditor General shall be
appointed by the President with the consent of the Commission on Appointments, and shall receive an annual
compensation to Le fixed by law which shall not be diminished during his continuance in office. Until the
National Assembly shall provide otherwise, the Auditor General shall receive an annual compensation of twelve
thousand pesos.

SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues and receipts
from whatever source, including trust funds derived from bond issues; and audit, in accordance with law and
administrative regulations, all expenditures of funds or property pertaining to or held in trust by the Government
or the provinces or municipalities thereof. He shall keep the general accounts of the Government and preserve
the vouchers pertaining thereto. It shall be the duty of the Auditor General to bring to the attention of the proper
administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary,
excessive, or extravagant. He shall also perform such other functions as may be prescribed by law.
SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and the same may
be appealed to the President whose action shall be final. When the aggrieved party is a private person or entity,
an appeal from the decision of the Auditor General may be taken directly to a court of record in the manner
provided by law.

SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual report covering
the financial condition and operations of the Government, and such other reports as may be required.
Article XI - CIVIL SERVICE
SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be provided by law.
Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential or highly
technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by
competitive examination.

SEC. 2. Officers and employees in the Civil Service, including members of the armed forces, shall not engage directly
or indirectly in partisan political activities or take part in any election except to vote.

SEC. 3. No officer or employee of the Government shall receive additional or double compensation unless specifically
authorized by law.

SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law.
Article XII - CONSERVATION AND UTILIZATION
OF NATURAL RESOURCES
• In this article, all natural resources shall not be alienated. The exploration, development,
conservation, and utilization of natural resources shall be under the full control and supervision of
the State. Also this article talks about land acquisition and distribution of agricultural lands especially
the private agricultural lands. The National assembly may authorize private corporations to acquire
land and determine the size of agricultural land .
Article XIII - GENERAL PROVISIONS
• In this article, the main concern is the flag of the Philippines shall be red, white, and blue, with a sun
and three stars as honored by the people and recognized by law. The State shall take steps in adoption
of a common national language, promote scientific research and invention, and organize and
maintain a national police force. This Constitution shall be officially promulgated in English and
Spanish.
Article XIV - AMENDMENTS
• In this article explained that The National Assembly, by a vote of three-fourths of all its Members,
may propose amendments to this Constitution or call a convention for that purpose. Such
amendments shall be valid as part of this Constitution when approved by a majority of the votes cast
at an election at which the amendments are submitted to the people for their ratification.
Article XV - TRANSITORY PROVISIONS
• This article is all about modifying a new act or new provision or new legislation and this article has 6 sections. In
sec 2-3 it stated that all laws of the Philippine Islands shall continue in force until the inauguration of the
Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this
Constitution, until amended, altered, modified, or repealed by the National Assembly, and all references in such
laws to the Government or officials of the Philippine Islands shall be construed, in so far as applicable, to refer to
the Government and corresponding officials under this Constitution. All courts existing at the time of the adoption
of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance
with this Constitution, and all cases, civil and criminal, pending in said courts, shall be heard, tried and determined
under the laws then in force.

• And in section 6, it clarifies that the provisions of this Constitution, except those contained in this article and in
Article V, and those which refer to the election and qualifications of officers to be elected under this Constitution,
shall not take effect until the inauguration of the Commonwealth of the Philippines.
Article XVI - SPECIAL PROVISIONS EFFECTIVE
UPON THE PROCLAMATION OF THE
INDEPENDENCE OF THE PHILIPPINES
• Upon the proclamation of the President of the United States recognizing the independence of the Philippines the
property rights of the United States and the Philippines shall be promptly adjusted and settled, and all existing property
rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same
extent as property rights of citizens of the Philippines.
Article XVII - THE COMMONWEALTH AND THE
REPUBLIC
• The government established by this Constitution shall be known as the Commonwealth of the Philippines.
Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of
Philippine independence, the Commonwealth of the Philippines shall thenceforth be known as the Republic of
the Philippines.
 During World War II the Japanese-
sponsored government nullified the 1935
Constitution and appointed Preparatory
Committee on Philippine Independence to
replace it. The 1943 Constitution was used
by the Second Republic with Jose P. Laurel
as President.
Upon the liberation of the Philippines
in 1945, the 1935 Constitution came back
into effect.