Eleanor Finch
The 1935 Constitution of the Philippines, also known as the 1935 Philippine Constitution, was written in 1934 by the Constitutional Convention of 1934 and ratified on May 14, 1935, by a constitutional plebiscite. The constitution established the Philippine Commonwealth and outlined the legislative and electoral processes, including the creation of a popularly elected Philippine Assembly and the extension of suffrage to qualified male citizens. It also detailed the structure and jurisdiction of the Supreme Court and outlined the process for future amendments. The 1935 Constitution was a significant document in the history of the Philippines, laying the foundation for the country's independence from the United States and its democratic governance.
| Characteristics | Values |
|---|---|
| Date of ratification | 14 May 1935 |
| Voter approval | 96% |
| Date written | 1934 |
| Author | Constitutional Convention of 1934 |
| Voter eligibility | Male citizens of the Philippines, 21 or over, able to read and write, and who 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 |
| Legislative power | Vested in a National Assembly |
| Number of assembly members | Not more than 120 |
| Term of office for senators | Six years |
| Supreme Court composition | Chief Justice and ten Associate Justices |
| Supreme Court jurisdiction | Cases affecting ambassadors, other public ministers, and consuls |
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What You'll Learn
- The 1935 Constitution was ratified on May 14, 1935
- The Constitution was written in 1934 by the Constitutional Convention of 1934
- The Tydings–McDuffie Act detailed steps for the Philippines to become independent of the US
- The Legislative power was vested in a National Assembly
- The National Assembly had the power to define, prescribe, and apportion the jurisdiction of the various courts
The 1935 Constitution was ratified on May 14, 1935
The 1935 Constitution was written in 1934 by the Constitutional Convention of 1934. It was first passed as a resolution by the US Congress under the administration of former President Manuel L. Quezon. The Tydings–McDuffie Act detailed the steps for the Philippines to gain independence from the United States.
The Constitution provided for the creation of a popularly elected Philippine Assembly. It also outlined the structure and processes of the National Assembly, including the legislative power vested in it. The Assembly was to be composed of no more than 120 members, apportioned among the provinces based on their population. The right to suffrage was granted to male citizens over 21 years of age, who could read and write, and had resided in the Philippines for at least one year.
The 1935 Constitution also addressed the composition and jurisdiction of the Supreme Court. It was to be led by a Chief Justice and ten Associate Justices. The Supreme Court's original jurisdiction included cases involving ambassadors, public ministers, and consuls. The National Assembly was empowered to define and apportion the jurisdiction of other courts, except in specific cases reserved for the Supreme Court.
The 1935 Constitution was later amended in 1940 to include a bicameral Congress and the establishment of an independent electoral commission. It was eventually replaced by the 1973 Constitution of the Philippines.
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The Constitution was written in 1934 by the Constitutional Convention of 1934
The 1935 Constitution of the Philippines was drafted by the 1934 Constitutional Convention, also known as the 1934 Philippine Constitutional Convention. The convention was held on July 10, 1934, and was established by the Tydings-McDuffie Act, also known as the Philippine Independence Act, which was passed by the United States Congress. This act mandated the Philippine Legislature to call for an election of delegates to the convention.
The 1934 Constitutional Convention was a significant milestone in Philippine constitutional history. It was the first time that Filipinos under American rule were allowed to write a fundamental law that would guide them towards autonomy and independence. The convention consisted of 202 delegates, three of whom would later become Presidents of the Philippines: Laurel, Roxas, and Quirino.
The convention drafted the 1935 Constitution, which served as the basic law of the Philippines under two distinct periods in its history. Firstly, it was the law of the land during the American-sponsored Commonwealth of the Philippines, which began on November 15, 1935, with the inauguration of the Commonwealth. Secondly, it remained the law of the land after the Philippines gained independence on July 4, 1946, under the sovereign Third Republic.
The 1935 Constitution was submitted to the President of the United States for certification on March 25, 1935, and was ratified by the Filipino people through a national plebiscite on May 14, 1935. It came into full force and effect on November 15, 1935, with the inauguration of the Commonwealth of the Philippines. The constitution included provisions for suffrage, with Section 1 stating that suffrage may be exercised by male citizens over the age of 21 who meet certain residency and literacy requirements.
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The Tydings–McDuffie Act detailed steps for the Philippines to become independent of the US
The 1935 Constitution of the Philippines was written under the Tydings–McDuffie Act, which was an Act of Congress that established the process for the Philippines to become an independent country. The Act was authored by Senator Millard E. Tydings and Representative John McDuffie, and signed into law by President Franklin D. Roosevelt on March 24, 1934.
The Tydings–McDuffie Act, also known as the Philippine Independence Act, provided for a 10-year transitional period of Commonwealth government before the Philippines would become fully independent. During this time, the Philippines would still be considered a US territory, and foreign affairs, defence, and monetary matters would remain under the control of the US. The Act also established limitations on Filipino immigration to the United States, reclassifying Filipinos as aliens for the purposes of immigration and setting an annual immigration quota of 50 people.
The first step towards independence under the Tydings–McDuffie Act was the election of delegates to a constitutional convention, which took place on July 10, 1934. The purpose of this convention was to draft a constitution for the Commonwealth of the Philippines, which was completed and approved by Roosevelt on March 23, 1935. This constitution established an elected executive, the president of the Philippines, and the Commonwealth government under the presidency of Manuel Quezon was inaugurated in November 1935.
The Tydings–McDuffie Act also allowed the US to maintain military forces in the Philippines and to call all military forces of the Philippine government into US military service. Additionally, the Act provided that the US president would have the power to negotiate matters relating to US naval reservations and fuelling stations in the Philippine Islands within two years following independence.
Finally, the Tydings–McDuffie Act specified that independence would take effect on July 4, 1946. On this date, the Philippines became fully independent with the signing of the Treaty of Manila. The US also passed the Luce–Celler Act of 1946, which increased the quota of Filipino immigrants to 100 per year and gave Filipinos the right to become naturalized American citizens.
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The Legislative power was vested in a National Assembly
The 1935 Constitution of the Philippines was written in 1934 by the Constitutional Convention of 1934 and ratified on May 14, 1935, by a constitutional plebiscite. The constitution established the Philippine Commonwealth and detailed the steps required for the Philippines to become independent of the United States.
The National Assembly also played a role in the composition of the Supreme Court, with the power to appoint members of the Supreme Court and all judges of inferior courts, in conjunction with the President and the Commission on Appointments. The Supreme Court was to be composed of a Chief Justice and ten Associate Justices, with the original and appellate jurisdiction as possessed by the Supreme Court of the Philippine Islands at the time of the adoption of the Constitution.
The National Assembly was also responsible for extending the right of suffrage to women, if, within two years of the Constitution's adoption, a plebiscite was held and not less than 300,000 qualified women voted affirmatively. This provision recognised the importance of women's suffrage and sought to ensure that a significant number of women were engaged in the democratic process for their voices to be heard and their rights to be recognised.
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The National Assembly had the power to define, prescribe, and apportion the jurisdiction of the various courts
The 1935 Constitution of the Philippines was ratified on 14 May 1935. It was originally passed as a resolution by the US Congress under the administration of former President Manuel L. Quezon. The constitution was written in 1934 by the Constitutional Convention of 1934 and was approved by 96% of voters.
The 1935 Constitution established the Philippine Commonwealth and outlined the powers of the National Assembly, including the power to define, prescribe, and apportion the jurisdiction of the various courts. This meant that the National Assembly could determine the types of cases that different courts could hear and decide on.
However, there were some important limitations to this power. The National Assembly could not deprive the Supreme Court of its original jurisdiction over cases involving ambassadors, other public ministers, and consuls. This meant that the Supreme Court had the exclusive authority to hear and decide on certain types of cases, such as those affecting diplomatic personnel.
The 1935 Constitution also outlined the composition and selection process for the Supreme Court. The Supreme Court was to be composed of a Chief Justice and ten Associate Justices. The members of the Supreme Court and all judges of inferior courts were to be appointed by the President with the consent of the Commission on Appointments of the National Assembly. The constitution specified the qualifications required to become a member of the Supreme Court, including citizenship, age, and legal experience.
The 1935 Constitution further detailed the procedures that the Supreme Court must follow in reaching its decisions. For example, it stated that the conclusions of the Supreme Court in any case should be reached through consultation before assigning the case to a Justice for a writing of the Court's opinion. It also granted the Supreme Court the power to promulgate rules concerning pleading, practice, and procedure in all courts, as well as the admission to the practice of law.
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Frequently asked questions
The 1935 Constitution of the Philippines was written in 1934 by the Constitutional Convention of 1934. It was then ratified on May 14, 1935, by a constitutional plebiscite.
The 1935 Constitution established the Philippine Commonwealth and detailed the steps required for the Philippines to become independent of the United States.
The 1935 Constitution was approved by 96% of voters.
Yes, the 1935 Constitution was amended in 1940 to include a bicameral Congress and the creation of an independent electoral commission.
