The 1935 Constitution Amendment: Why Change Was Needed

why was the amendment to the 1935 constitution necessary

The 1935 Constitution of the Philippines established the Commonwealth Government of the Philippines as a transitional administration leading to independence from the United States. It was written, approved, and adopted in 1934 by the Commonwealth of the Philippines and later used by the Third Republic from 1946 to 1972. The 1935 Constitution was amended in 1940 to introduce a bicameral Congress, replacing the original unicameral National Assembly. This amendment also created an independent electoral commission and limited the President to a four-year term with a maximum of two consecutive terms. Given the evolving nature of governance and the need to adapt to changing circumstances, it is understandable that amendments were introduced to the 1935 Constitution to ensure its relevance and effectiveness in governing the Philippines.

Characteristics Values
Purpose To establish the Commonwealth Government of the Philippines as a transitional administration leading to independence from the United States
Transitional administration To prepare the country towards its full achievement of independence
Legislative structure Unicameral National Assembly with a President and Vice President elected for a six-year term without re-election
Amendments In 1940, the legislature was changed to a bicameral Congress with a Senate and House of Representatives, an independent electoral commission was created, and the President's term was limited to 4 years with one re-election
Suffrage Originally only afforded to male citizens of the Philippines over 21 years of age who could read and write
Ratification Ratified on March 25, 1935
Independence The Philippines was declared an independent republic on July 4, 1946

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The 1935 Constitution included important provisions that protected the rights of the people. For example, it stated that no person shall be deprived of life, liberty, or property without due process of law, and that all people shall be afforded equal protection under the law. The Constitution also established a bicameral legislature, consisting of a Senate and a House of Representatives. The Senate was to be composed of 24 Senators chosen by the qualified electors of the Philippines.

The 1935 Constitution also addressed suffrage, stating that it may be exercised by male citizens over the age of 21 who could read and write and had resided in the Philippines for at least one year. Notably, the Constitution also paved the way for women's suffrage, stating that if 300,000 women voted affirmatively in a plebiscite held within two years of the Constitution's adoption, the National Assembly would extend the right to vote to women. This was indeed achieved, and women's suffrage was adopted.

The 1935 Constitution also included provisions for the official languages of the Commonwealth. It recognised English and Spanish as the two official languages of the time, but it also included a provision for the development and adoption of a common national language based on the existing native dialects. As a result, in 1937, Tagalog was selected as the basis for the national language, and it became official in 1939.

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It was amended to transition from a unicameral to a bicameral legislature

The 1935 Constitution of the Philippines was amended in 1940 to transition from a unicameral to a bicameral legislature. This change was made to establish a more stable government that could better represent the interests of the Filipino people.

The original 1935 Constitution provided for a unicameral National Assembly, with a President and Vice President elected for a six-year term without the possibility of re-election. This unicameral legislature was influenced by the US Constitution and served the nation well, providing 26 years of stable constitutional government while other Asian nations faced military dictatorship or communist revolution.

However, in 1940, the Constitution was amended to establish a bicameral legislature, composed of a Senate and a House of Representatives. This change was made to address the limitations of the unicameral system and to create a more balanced and effective government.

The transition to a bicameral legislature brought several benefits. Firstly, it allowed for a more effective check and balance on the power of the executive branch, as the Senate could act as a counterweight to the House of Representatives and the President. Secondly, it provided greater representation for the Filipino people, as the Senate was designed to represent the interests of the various regions and sectors of the country, while the House of Representatives represented the people based on population.

The establishment of a bicameral legislature was a significant step towards the creation of a more responsive and accountable government in the Philippines. It demonstrated the country's commitment to democratic principles and the desire to build a strong and stable political system that could effectively serve the needs of its citizens.

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Amendments were made to the structure of the government

The 1935 Constitution established the Commonwealth Government of the Philippines as a transitional administration leading to independence from the United States. It created a legislative structure with a unicameral legislature composed of a president and vice president, both elected for a six-year term without the possibility of re-election.

The 1935 Constitution was amended in 1940 to introduce a bicameral legislature, composed of a Senate and a House of Representatives. This amendment also created an independent electoral commission and limited the president's term to four years, with a maximum of two consecutive terms.

The 1935 Constitution also included a Bill of Rights, which provided Filipinos with important rights and protections. These included the right to due process of law and equal protection under the law. Additionally, the Constitution explicitly recognised the sovereignty of the people of the Philippines and established that all government authority emanated from them.

The Constitution also made provisions for the operation of public utilities, stipulating that franchises, certificates, or any other form of authorisation could only be granted to citizens of the Philippines or entities organised under Filipino law, with at least 60% Filipino ownership. It also mandated the government to organise and maintain a national police force to preserve public order and enforce the law.

The 1935 Constitution served as the legal basis for the Commonwealth Government and provided a stable constitutional government during a period when other Asian nations faced military dictatorship or communist revolution. It was written to meet the requirements of the Tydings-McDuffie Act, preparing the Philippines for its eventual independence.

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The 1935 Constitution was influenced by the US Constitution

The 1935 Constitution of the Philippines established the country's current presidential system of government. It was written, approved, and adopted in 1934 by the Commonwealth of the Philippines and later used by the Third Republic. The 1935 Constitution was influenced by the US Constitution, as well as by the constitutions of several other countries, including Germany, Spain, Mexico, and several South American nations. The Filipino people's minds were being influenced and moulded through the 1934 Constitutional Convention, and the country's government system was eventually patterned after the American government.

The 1935 Constitution was drafted to meet the requirements set forth in the Tydings–McDuffie Act to prepare the Philippines for its independence. It was amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives. The Constitution also provided the legal basis of the Commonwealth government, which was considered a transition government before the granting of Philippine independence with the American-inspired Constitution.

The 1935 Constitution featured a political system virtually identical to that of the United States, with a President elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary. The Constitution also included provisions that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the law.

The 1935 Constitution was suspended in 1972 when Ferdinand Marcos proclaimed martial law, citing the rampant corruption of the constitutional process as one of his major premises for doing so. Marcos manipulated the ongoing Constitutional Convention and caused the drafting of a new constitution – the 1973 Constitution – which allowed him to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one.

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The 1935 Constitution was amended to grant the President a maximum of two consecutive terms

The 1935 Constitution was the first organic law for the Philippines, providing the legal basis for the Commonwealth government. It was written, approved, and adopted in 1934 by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). The Constitution was predominantly influenced by the US Constitution, but it also drew from the German, Spanish, and Mexican constitutions, constitutions of several South American countries, and the unwritten constitution of England. The 1935 Constitution established a legislative structure with a unicameral legislature composed of a president and vice president, both elected for a six-year term without the possibility of re-election.

The 1935 Constitution was amended in 1940 to grant the President a maximum of two consecutive terms, among other changes. The amended Constitution provided for a bicameral legislature composed of a Senate and a House of Representatives, and it created an independent electoral commission. The President's term length was reduced to four years, allowing for one re-election. This amendment was made to prepare the country for its independence, as the Constitution was written to meet the requirements set forth in the Tydings–McDuffie Act. The 1935 Constitution was also amended to explicitly declare the US's intention to end its sovereignty over the Philippines and to recognise Philippine independence as soon as a stable government could be established.

The 1935 Constitution was important as it gave the Philippines 26 years of stable constitutional government during a period when several other Asian states were overwhelmed by military dictatorship or communist revolution. It provided the Philippines with a republican state, where sovereignty resides in the people, and all government authority emanates from them. The Constitution also included important provisions, such as that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of the law.

The 1935 Constitution was suspended in 1972 when Ferdinand E. Marcos proclaimed martial law, citing the rampant corruption of the constitutional process as one of his major premises for doing so. A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution, and many felt that the true reason for this convention was to remove the presidential term limit so that Marcos could seek re-election for a third term.

Frequently asked questions

The 1935 Constitution was written, approved, and adopted in 1934 by the Commonwealth of the Philippines (1935-1946) and later used by the Third Republic (1946-1972). It established the current presidential system of government in the Philippines.

The 1935 Constitution was necessary to establish a stable government in the Philippines. It provided the legal basis of the Commonwealth government, which was considered a transition government before the granting of Philippine independence.

The 1935 Constitution provided for a unicameral legislature composed of a president and vice president elected for a six-year term without re-election. It also included a bill of rights for Filipinos and provisions for an independent electoral commission.

The 1935 Constitution was amended in 1940 to provide for a bicameral legislature, composed of a Senate and a House of Representatives, and to grant the President a four-year term with a maximum of two consecutive terms in office.

The reasons for amending the 1935 Constitution included the need to establish a bicameral legislature, create an independent electoral commission, and limit the term of the President to four years with the possibility of one re-election.

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