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• It prescribed three steps for adoption of a constitution
a) The calling of a constitutional convention not later than Oct. 1, 1934
b) The submission of the certification that it contained provisions as required by the Tydings-McDuffie Act
c) Submission of the constitution to the people for ratification
• Philippine Legislature accepted Tydings-Mcduffie Law.
• Claro M. Recto was elected as President of the Convention
• The first draft of the Constitution was finished on January 31, 1935.
• It was submitted to the committee on style headed by Manuel A. Roxas and was approved on February 8, 1935.
• A special mission headed by Senate President Quezon and Convention President Recto submitted the Constitution to the President of United States
• On March 23, 1935 Franklin D. Roosevelt approved the Constitution.
• May 14, 1935 – Constitution was overwhelmingly ratified by the people
-> 1,213,046 – in favor
-> 44, 963 – against
• Governor General Frank Murphy issued a proclamation for the election of the officers of the Government
• September 17, 1935 – Elections were held
• November 15, 1935 – U.S. President issued a proclamation of the results of the election
• Commonwealth of the Philippines was inaugurated with Manuel L. Quezon as President and Sergio Osmeña as Vice-President.
• The form of government prescribed in the Philippine Autonomy Act became the pattern of the Commonwealth Government:
1. Executive Power – vested in the President
2. Legislative Power – unicameral National Assembly composed of not more than 120 members
3. Judicial Power – Supreme Court and such inferior courts as might be established by law
• In 1940, the Constitution was amended in three aspects:
1. Term of office of the President was changed from six years to four years. And prohibition against reelection was removed with a limitation that his term did not exceed eight years.
2. The unicameral National Assembly was replaced with a bicameral Congress, composed of the Senate and a House of Representatives
3. An independent Commission on Elections
Art 2, Sec. 1 of the 1935 Constitution:
“The Philippine is a republican state. Sovereignty resides in the people and all government authority emanates from them”
• Conditions were imposed by the
Tydings-McDuffie Act with respect to:
1. The country’s trade relations with the United States,
2. Its financial operations and currency, and
3. The control of its foreign relations.
• Laws passed by the government were reported to the U.S. Congress.
• Power of Review of the U.S. Supreme Court in certain cases decided by the Philippine Supreme Court was still continued.
• Right of Suffrage
• Bill of Rights
• Social Justice
• Conservation of Natural Resources
• Nationalization of Public Utilities.
• 1941 – The Philippines was engulfed in a war. Manila was occupied by the Imperial Japanese Army and established a “Military Administration under martial law over the districts occupied by the Army”.
• A civil government, called "Philippine Executive Commission", was organized, with Jorge B. Vargas as chairman.
- The Commission was directed to coordinate the existing central administrative organs and the courts on the basis of what had been provided by existing statutes, orders, ordinances and customs.
• 1943 – A so-called Republic of the Philippines was inaugurated with Jose P. Laurel as President.
• During the war Pres. Quezon, VP Osmena, and some cabinet secretaries were evacuated to the US to conduct the government in exile.
• 1944 – Gen. Douglas McArthur landed in Leyte and proclaimed the reestablishment in the liberated areas of the Commonwealth of the Philippines, “subject to the supreme authority of the Government of the U.S.
• 1945 – Gen. McArthur announced the complete restoration of the Commonwealth Government.
• The Commonwealth Government became the Government of the Republic of the Philippines.
• Manuel A. Roxas and Elpidio Quirino were elected as President and Vice-President respectively.
• It was the same government under the same constitution. The only difference was that the Philippines was fully sovereign in terms of political aspect
• The war left the Philippines in ruins. Manila was considered as one of the most devastated city in the world which made it evident that the country was not ready of independence.
• In 1946, the U.S. Congress passed a law, called the Philippine Trade Act of 1946, or the “Bell Trade Act”
- This specified the economic conditions governing the emergence of the Republic of the Philippines from the United States.
- The Bell Act in the United States includes the following:
o Extended free trade with the Philippines for 8 years.
o 20 years of gradually increasing tariffs.
o A 99-year lease on a number of Philippine military and naval bases in which U.S. authorities had virtual territorial rights.
- As a specific requirement for the release of U.S. war-damage funds, the Philippines had to amend its constitution to give U.S. citizens equal rights with Filipinos in the exploitation of natural resources—the so-called “Parity Rights” Amendment.
• A bill was therefore filed in the Philippine Congress to authorize Pres. Roxas to enter into an agreement to approve the Bell Trade Act.
• The Philippine Congress approved the treaties, although only after Roxas ousted from Congress seven Democratic Alliance representatives and three anti-treaty Nacionalista Senators on trumped-up charges of electoral fraud and terrorism. (Vera v. Avelino)
• Because of conflicting provision between the Constitution and Bell Trade Act, an amendment to the constitution was also passed and subjected to a national plebiscite.
• The electorate approved the amendment.
• In 1967, the Senate and HoR passed the following resolutions:
1. A proposal to amend Sec. 5, Art VI of the Constitution, so as to increase the maximum number of membership of the House of Rep., from 120 to 180.
2. Calling of a convention to propose amendments to the Constitution, to be composed of 2 delegates from each representative district, to be elected in the general elections.
3. A proposal to amend Sec. 16, Art VI of the Constitution, so as to authorize Senators and members of HoR to become delegates to the constitutional convention, without forfeiting their seats in Congress.
• The proposals were submitted in the general elections held in November 1967. Both were rejected.
• The nation then prepared for the Constitutional Convention. Resolution No. 2 was amended so as to fix the number of delegates at 320 to be apportioned among the existing representative districts.
• June 1, 1971 – Elected delegates met in the inaugural session held at the Manila Hotel and so marked the start of the framing of the 1973 Constitution.