The 1935 Constitution of the Philippines

>> Saturday, March 27, 2010


The 1935 Constitution of the Philippines
 
http://elibrary.supremecourt.gov.ph/ accessed on 3 July 2007.
 
EXECUTIVE SUMMARY : The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It establishes the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of Philippine independence, said commonwealth shall be known as the Republic of the Philippines. The Constitution enumerates the composition, powers and duties of the three branches of government (the Executive, Legislative and Judicial) and creates the General Auditing Office and lays down the framework in the establishment of the civil service in the country. The Constitution vests the President with the veto power on legislative bills and emergency powers in times of war and other national emergencies. Also, the Constitution adopts the Regalian Doctrine or the Principle of State ownership for all its natural wealth and provides for the proper utilization of such wealth by its citizens.
NOTES : The 1935 Constitution was amended in 1940 and in 1947. This version incorporates all the amendments. 

The draft of the 1935 Constitution, adopted by the Philippine Constitutional Convention on 8 February 1935, provides for a unicameral Legislature and a single six-year term for the President. The draft was submitted to US President Franklin D. Roosevelt on 18 March 1935. He, in turn, certified that it conforms with Public Act No. 127 which was passed by the U.S. Congress on 23 March 1935 and forwarded the same to the Governor General of the Philippine Islands for ratification of the Filipino people. The constitution was ratified on 14 May 1935.

On 11 April 1940, the [Philippine] Second National Assembly adopted Resolution No. 73 proposing amendments to the Constitution. The amendments provide for the creation of a bicameral Congress and the establishment of a Commission on Elections. It also limits the term of office of the President to four years, but may continue to serve as such for a maximum of eight years. 

On 11 March 1947, a plebiscite was held for the purpose of ratifying the proposed amendment granting US Citizens the right to the disposition, exploitation, development and utilization of Philippine natural resources (Ordinance Appended to the Constitution). The amendment passed.
   Written by: Judette A. Javier and Jack Victor M. Nera

Edited by: Raymund Arthur G. Abejo
Blogged by: Kenny dela Cruz

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