The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de
Malabón, Cavite, on March 22, 1897, the first presidential and vice presidential elections
in Philippine history were held although only Katipuneros (viz., members of the
Katipunan) were able to take part, and not the general populace. A later meeting of the
revolutionary government established there, held on November 1, 1897 at Biak-na-Bato
in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-naBato. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and
based on the first Cuban Constitution.[citation needed] It is known as the "Constitución
Provisional de la República de Filipinas", and was originally written in and promulgated
in the Spanish and Tagalog languages
The 1899 Malolos Constitution
The Malolos Constitution was the first republican constitution in Asia.[11] It declared that
sovereignty resides exclusively in the people, stated basic civil rights, separated the
church and state, and called for the creation of an Assembly of Representatives to act
as the legislative body. It also called for a parliamentary republic as the form of
government. The president was elected for a term of four years by a majority of the
Assembly.[12] It was titled "Constitución política", and was written in Spanish following
the declaration of independence from Spain,[13] proclaimed on January 20, 1899, and
was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan
Acts of the United States Congress
The Philippines was a United States Territory from December 10, 1898 to March 24, 1934
[16]
and therefore under the jurisdiction of the Federal Government of the United States. Two acts of the
United States Congress passed during this period can be considered Philippine constitutions in that
those acts defined the fundamental political principles and established the structure, procedures,
powers and duties of the Philippine government.
Philippine Organic Act of 1902
The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902", was the first
organic law for the Philippine Islands enacted by the United States Congress. It provided for the
creation of a popularly elected Philippine Assembly, and specified that legislative power would be
vested in a bicameral legislature composed of the Philippine Commission (upper house) and the
Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and the
appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent the
Philippines in the United States House of Representatives.
Philippine Autonomy Act of 1916
The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the
structure of the Philippine government by removing the Philippine Commission as the
legislative upper house and replacing it with a Senate elected by Filipino voters,
creating the Philippines' first fully elected national legislature. This act also explicitly
stated that it was and had always been the purpose of the people of the United States
to end their sovereignty over the Philippine Islands and to recognise Philippine
independence as soon as a stable government can be established therein
Tydings 127, 48 Stat. 456, enacted March 24, 1934), is a United States federal law that
established the process for the Philippines, then an American colony, to become an
independent country after a ten-year transition period. Under the act, the 1935
Constitution of the Philippines was written and the Commonwealth of the Philippines
was established, with the first directly elected President of the Philippines (direct
elections to the Philippine Legislature had been held since 1907). It also established
limitations on Filipino immigration to the United States.
The 1935 Constitution
The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
Philippines (1935 – 1946) and later used by the Third Republic (1946-1972). It was written with an
eye to meeting the approval of the United States Government as well, so as to ensure that the U.S.
would live up to its promise to grant the Philippines independence and not have a premise to hold onto
its possession on the grounds that it was too politically immature and hence unready for full, real
independence
The 1943 Constitution
The 1943 Constitution was drafted by a committee appointed by the Philippine
Executive Commission, the body established by the Japanese to administer the
Philippines in lieu of the Commonwealth of the Philippines which had established a
government-in-exile. In mid-1942 Japanese Premier Hideki Tōjō had promised the
Filipinos "the honor of independence" which meant that the commission would be
supplanted by a formal republic. The Preparatory Committee for Philippine
Independence tasked with drafting a new constitution was composed in large part, of
members of the prewar National Assembly and of individuals with experience as
delegates to the convention that had drafted the 1935 Constitution. Their draft for the
republic to be established under the Japanese Occupation, however, would be limited in
duration, provide for indirect, instead of direct, legislative elections, and an even
stronger executive branch.
The 1973 Constitution
The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to
introduce a parliamentary-style government. Legislative power was vested in
a unicameral National Assembly whose members were elected for six-year terms. The
President was ideally elected as the symbolic and purely ceremonial head of state chosen
from amongst the Members of the National Assembly for a six-year term and could be reelected to an unlimited number of terms. Upon election, the President ceased to be a Member
of the National Assembly. During his term, the President was not allowed to be a member of
a political party or hold any other office. Executive power was meant to be exercised by the Prime
Minister who was also elected from amongst the sitting Assemblymen. The Prime Minister was to be
the head of government and Commander-in-Chief of the Armed Forces. This constitution was
subsequently
amended four times (arguably five, depending on how one considers Proclamation № 3 of 1986, see
below).
The Biak-na Bato Republic
Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan province. The
news immediately spread throughout the country, and the revolutionaries were once
more in high spirits. General llanera, who was in Nueva Ecija, declared his support for
Aguinaldo. In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a
proclamation stating the following demands:
▪ Expulsion of the friars and the return of the friar lands to the Filipinos
▪ Representation of the Philippines in the Spanish Cortes
▪ Freedom of the press and of religion
▪ Abolition of the government’s power to banish Filipinos
Equality for all before the law.
A charter based on the Cuban Constitution was also drafted by Felix Ferrer and Isabelo
Artacho. It was signed on November 1, 1897. The Biak-na-Bato Constitution provided
for the establishment of a Supreme council that would serve as the highest governing
body of the Republic. It also outlined certain basic human rights, such as freedom of
religion, freedom of the press, and the right to education. Emilio Aguinaldo and Mariano
Trias were elected Supreme Council president and vice president, respectively.
The Pact of Biak-na-Bato
Pedro Paterno, a Spaniard born in the Philippines volunteered to act as negotiator
between Aguinaldo and Gov. Primo de Rivera in order to end the clashes. Paterno’s
effort paid off when on, December 15, 1897, the Pact he sign the Pact as the
representative of the revolutionaries, and de Rivera as the representative of the Spanish
government. The Leaders are: Emilio Aguinaldo-President, Mariano Trias-Vice
President, Antonio Montenegro-Secretary, Baldomero Aguinaldo-Treasurer, and Emilio
Riego de Dios.
On December 23, 1897, Generals Celestino Tejero and Ricardo Monet of the Spanish
army arrived in Biak-na-Bato and became hostages of the rebels. A ceasefire was
declared by both camps and an agreement between Aguinaldo and the Spanish forces
was made -that the Spanish government will grant self-rule to the Philippines in 3 years
if Aguinaldo went to exile and surrender his arms. In exchange, Aguinaldo will receive
P800,000 (Mexican Pesos) as remuneration to the revolutionaries and an amnesty.
After receiving a partial payment of P400,000, Aguinaldo left for Hong Kong on
December 27, 1897. Some Filipino generals, however, did not believe in the sincerity of
the Spaniards. They refused to surrender their arms. Nevertheless, the Te Deum was
still sung on January 23, 1898.
The Biak-na-Bato Pact Fails
The Filipino’s and the Spaniards did not trust each other. As a result, periodic clashes
between the two groups still took place even after Aguinaldo’s departure from the
country. The Spanish did not pay the entire agreed amount. Continue to The SpanishAmerican War.
(WIKIPIDEA)The Republic of Biak-na-Bato (Tagalog: Republika ng Biak-na-Bato,
Spanish: República de Biac-na-Bató), officially referred to in its constitution as the
Republic of the Philippines (Tagalog: Republika ng Pilipinas, Spanish: República de
Filipinas), was the first republic ever declared in the Philippines by revolutionary leader
Emilio Aguinaldo and his fellow revolutionaries. Despite its successes, including the
establishment of the Philippines' first ever constitution, the republic lasted just over a
month. It was disestablished by a peace treaty signed by Aguinaldo and the Spanish
Governor-General, Fernando Primo de Rivera which included provision for exile of
Aguinaldo and key associates to Hong Kong.
The Republic of Biak-na-Bato was one of a number of unrecognized insurgent polities
which existed during the time in which the Philippines was under Spanish colonial
government as the Spanish East Indies. It was preceded and succeeded by two
similarly unrecognized polities, the Tejeros government and the Central Executive
Committee.
The constitution of the Republic of Biak-na-Bato was written by Felix Ferrer and Isabelo
Artacho, who copied the Cuban Constitution of Jimaguayú nearly word-for-word.[2] It
provided for the creation of a Supreme Council, which was created on November 1,
1897, with the following as officers having been elected:[3][4]
Position
President
Name
Emilio
Aguinaldo
ViceMariano
President Trías
Secretary
Antonio
of
Foreign
Montenegro
Affairs
Emiliano
Secretary
Riego de
of War
Dios
Secretary
Isabelo
of the
Artacho
Interior
Secretary
Baldomero
of the
Aguinaldo
Treasury
The initial concept of the republic began during the latter part
of the Philippine Revolution, when the leader of the
Katipunan, Emilio Aguinaldo, became surrounded by
Spanish forces at his headquarters in Talisay, Batangas.
Aguinaldo slipped through the Spanish cordon and, with 500
picked men, proceeded to Biak-na-Bató,[5] a wilderness area
at the town of San Miguel, Bulacan (now parts of San
Miguel, San Ildefonso and Doña Remedios in Bulacan).[6]
When news of Aguinaldo's arrival there reached the towns of
central Luzon, men from the Ilocos provinces, Nueva Ecija,
Pangasinan, Tarlac, and Zambales renewed their armed
resistance against the Spanish.[5]
A hand-drawn Spanish military map of Gen. Emilio
Aguinaldo's headquarters at Biak-na-bato (ca. 1897)
Unable to persuade the revolutionaries to give up their arms,
Governor-General Primo de Rivera issued a decree on July
2, 1897, which prohibited inhabitants from leaving their
villages and towns. Contrary to his expectations, they
continued fighting. Within days, Aguinaldo and his men
planned the establishment of a Republic. Aguinaldo issued a
proclamation from his hideout in Biak-na-Bato entitled "To
the Brave Sons of the Philippines", in which he listed his
revolutionary demands as:
1.
the expulsion of the Friars and the return to the
Filipinos of the lands which they had appropriated for
themselves;
2.
representation in the Spanish Cortes;
3.
freedom of the press and tolerance of all religious
sects;
4. equal treatment and pay for Peninsular and Insular civil servants;
5. abolition of the power of the government to banish civil citizens;
6. legal equality of all persons.[7]
On November 1, 1897, the provisional constitution for the Biak-na-Bato Republic was
signed.[8] The preamble of the constitution included the statement that:
The separation of the Philippines from the Spanish monarchy and their formation into an
independent state with its own government called the Philippine Republic has been the
end sought by the Revolution in the existing war, begun on the 24th of August, 1896;
and therefore, in its name and by the power delegated by the Filipino people,
interpreting faithfully their desires and ambitions, we, the representatives of the
Revolution, in a meeting at Biac-na-bato, Nov. 1st. 1897, unanimously adopt the
following articles for the Constitution of the State. [9]
By the end of 1897, Governor-General Primo de Rivera accepted the impossibility of
quelling the revolution by force of arms. In a statement to the Cortes Generales, he
said, "I can take Biak-na-Bato, any military man can take it, but I can not answer that I
could crush the rebellion." Desiring to make peace with Aguinaldo, he sent emissaries
to Aguinaldo seeking a peaceful settlement. Ironically, nothing was accomplished until
Pedro A. Paterno, a known turncoat and a lawyer from Manila, volunteered to act as
negotiator.[citation needed]
On August 9, 1897, Paterno proposed a peace based on reforms and amnesty to
Aguinaldo. In succeeding months, practicing shuttle diplomacy, Paterno traveled back
and forth between Manila and Biak-na-Bato carrying proposals and counterproposals.
Paterno's efforts led to a peace agreement called the Pact of Biak-na-Bato. This
consisted of three documents, the first two being signed on December 14, 1897, and
the third being signed on December 15; effectively ending the Republic of Biak-naBato.[10]
In 1899, Aguinaldo wrote in retrospect that the principal conditions of the pact were:[11]
(1) That I would, and any of my associates who desired to go with me, be free to live in
any foreign country. Having fixed upon Hongkong as my place of residence, it was
agreed that payment of the indemnity of $MXN800,000 [a] should be made in three
installments, namely, $MXN400,000[a] when all the arms in Biak-na-Bató were delivered
to the Spanish authorities; $MXN200,000 [a] when the arms surrendered amounted to
eight hundred stand; the final payment to be made when one thousand stand of arms
shall have been handed over to the authorities and the Te Deum sung in the Cathedral
in Manila as thanksgiving for the restoration of peace. The latter part of February was
fixed as the limit of time wherein the surrender of arms should be completed.
(2) The whole of the money was to be paid to me personally, leaving the disposal of the
money to my discretion and knowledge of the understanding with my associates and
other insurgents.
(3) Prior to evacuating Biak-na-Bató the remainder of the insurgent forces under
Captain-General Primo de Rivera should send to Biak-na-Bató two General of the
Spanish Army to be held as hostages by my associates who remained there until I and
a few of my compatriots arrived in Hongkong and the first installment of the money
payment (namely, four hundred thousand dollars) was paid to me.
(4) It was also agreed that the religious corporations in the Philippines be expelled and
an autonomous system of government, political and administrative, be established,
though by special request of General Primo de Rivera these conditions were not
insisted on in the drawing up of the Treaty, the General contending that such
concessions would subject the Government to severe criticism and even ridicule.[11]
The Political Constitution of 1899 (Spanish: Constitución Política de
1899), informally known as the Malolos Constitution, was the constitution of the First
Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino
as an alternative to a pair of proposals to the Malolos Congress by Apolinario Mabini
and Pedro Paterno. After a lengthy debate in the latter part of 1898, it was promulgated
on 21 January 1899.[1]
The constitution placed limitations on unsupervised freedom of action by the chief
executive which would have hampered rapid decision making. [2] As it was created
during the fight for Philippine independence from Spain, however, its Article 99 allowed
unhampered executive freedom of action during wartime. [3] Unsupervised executive
governance continued throughout the Philippine–American War which erupted soon
after proclamation.[4]
Over 300 years of Spanish rule, the country developed from a small overseas colony
governed from the Viceroyalty of New Spain to a land with modern elements in the
cities. The Spanish-speaking middle classes of the 19th century were increasingly
exposed to modern European ideas, including Liberalism, some studying in Spain and
elsewhere in Europe.
During the 1890s, the Katipunan, or KKK, a secret society dedicated to achieving
Philippine independence from Spain, was formed and led by Andres Bonifacio. When
the KKK was discovered by Spanish authorities, Bonifacio issued the Cry of Balintawak
which began the Philippine Revolution in 1896. The revolutionary forces took steps to
form a functioning government called the Republic of Biak-na-Bato. In 1897, the Tejeros
Convention was convened and the Constitution of Biak-na-Bato drafted and ratified. It
was drafted by Isabelo Artacho and Félix Ferrer and based on the first Constitution of
Cuba. However, it was never fully implemented. After several battles between the
Spanish and Philippine Revolutionary Army, a truce was signed called the Pact of Biakna-Bato in 1897. Emilio Aguinaldo (who had replaced Bonfiacio as leader) and other
revolutionary leaders accepted a payment from Spain and went into exile in Hong Kong.
When the Spanish–American War broke out on April 25, 1898, the United States
Commodore George Dewey aboard the USS Olympia sailed from Hong Kong to Manila
Bay leading the Asiatic Squadron of the U.S. Navy. On May 1, 1898, the American force
defeated the Spanish in the Battle of Manila Bay. Later that month, the U.S. Navy
transported Aguinaldo back to the Philippines.
Aguinaldo took control of the newly re-formed Philippine revolutionary forces and
quickly surrounded Manila on land while the American blockaded the city from the bay.
On June 12, Aguinaldo issued the Philippine Declaration of Independence and followed
that with several decrees forming the First Philippine Republic. Elections were held from
June 23 to September 10, 1898 for a new national legislature, the Malolos Congress.
Drafting a basic law[edit]
After the Malolos Congress was convened on 15 September 1898, a committee was
selected to draft a constitution for the republic.[5] The committee was composed of
Hipólito Magsalin, Basilio Teodoro, José Albert, Joaquín González, Gregorio Araneta,
Pablo Ocampo, Aguedo Velarde, Higinio Benitez, Tomás del Rosario, José Alejandrino,
Alberto Barretto, José Ma. de la Viña, José Luna, Antonio Luna, Mariano Abella, Juan
Manday, Felipe Calderón, Arsenio Cruz and Felipe Buencamino.[6] They were all
wealthy and well educated.[7]
The Political Constitution of 1899 is written in Spanish which was the official language of
the Philippines at the time. It is composed of ninety-three articles divided into fourteen
titles, with transitory provisions in eight further articles, and with one un-numbered
additional article.
Influences[edit]
The style of the document is patterned after the Spanish Constitution of 1812, which
many Latin American charters from the same period similarly follow.[8] Calderon himself
writes in his journal that the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica
and Guatemala, in addition to using the French Constitution of 1793, were also studied
as these countries shared similar social, political, ethnological and governance
conditions with the Philippine Islands.[9]
Constitutional ideas[edit]
Retroversion of sovereignty to the people[edit]
The principle of the retroversion of the sovereignty to the people, which challenged the
legitimacy of the colonial authorities of the Spanish Empire,[10] was the legal principle
underlying the Spanish American wars of independence and Philippine Revolution. This
principle was a preprocessor to the concept of popular sovereignty, currently expressed
in most constitutional systems throughout the world, whereby the people delegate
governmental functions to their civil servants while retaining the actual sovereignty.
This concept of the precedence of popular sovereignty over the national sovereignty is
derived from the French political document, the Declaration of the Rights of Man and
Citizen of 1793 (French: Déclaration des droits de l'Homme et du citoyen de 1793) and
forms the philosophical basis for article 4 of the Malolos Constitution and echoes the
American Declaration of Independence and the United States Constitution.
Civil liberties in the Spanish tradition[edit]
The twenty-seven articles of Title IV detail the natural rights and popular sovereignty of
Filipinos. The list is extensive, encompassing not just civil liberties and negative
liberties, but also protections against self-incrimination and the limitation of criminal
procedure. The inclusion of the rights of the accused in the national charter was done in
direct response to numerous instances of abuse by police, a number of them
specifically mentioned in the 12 June 1898 Philippine Declaration of Independence. This
concept of constitutionally defining what is essentially administrative action is not unique
to the Malolos constitution. In fact, the right defined in the Filipino charter is actually a
shorter enumeration of the civil and political rights of the Spanish citizen enshrined in
the liberal Spanish Constitution of 1869 which brought liberalism into the public
consciousness and inspired a generation of national heroes starting with governorgeneral Carlos María de la Torre and secular priest José Burgos, and later including
such luminaries as Galicano Apacible y Castillo, Graciano López y Jaena, Marcelo
Hilario del Pilar y Gatmaitán and José Rizal. Calderón mentions in his journal that the
draft constitution was meant to enshrine: "all those freedoms that Englishmen enjoyed
in the Assize of Clarendon (end to arbitrary arrest, a professional and independent
judiciary) and in Magna Carta (due process of law)".[citation needed]
According to Title III, Article 5 of the Malolos constitution: "The State recognizes the
freedom and equality of all beliefs, as well as the separation of Church and State."
Form of government[edit]
According to Title II, Article 4 the Government of the Republic is to be popular,
representative, alternative and responsible, and shall exercise three distinct powers:
namely, the legislative, the executive, and the judicial. Any two or more of these three
powers shall never be united in one person or cooperation, nor the legislative power
vested in one single individual. The Government of the Republic is a Responsible
Government, a very important aspect of parliamentarianism where the executive branch
is directly responsible to the legislative branch. This is further emphasized in Title V,
Article 50 and Title VII, Article 56.
Title V, Article 50 stated that the National Assembly of Representatives (the unicameral
legislature of the Republic) shall have the right of censure and each of the members the
right of interpellation. Interpellation is a right granted to representatives to directly
question members of the executive branch. In other words, there are Question Periods
allotted to each member of the executive branch. While Title VII, Article 56 stated that
executive power resides in the President of the Republic, who shall exercise it through
his Secretaries convened in a Council of government that is led by the President of the
council of government. The Constitution also stated in Title IX, Article 75 that the
secretaries of government shall be held jointly responsible by the National Assembly for
the general policies of Government, and individually for their personal actions like in
most parliamentary systems.
The parliamentary terminologies used in this constitution are different to the more usual
Anglo-Saxon titles. Terms like Parliament, Cabinet, Prime Minister, Minister, and
Member of Parliament (or MP) are replaced with Assembly, Council of Government,
President of the Council of Government, Secretary, and Representative, respectively.
Permanent Commission[edit]
The Permanent Commission is created to make decisions when the National Assembly
is in recess. The National Assembly is empowered to elect seven of its members to
constitute the Permanent Commission, with the obligation that the Commission choose
a President and a Secretary on its first session. The Permanent Commission powers
were:
1. Declare whether or not there is sufficient cause to take legal action against the
President of the Republic, the Representatives, the Secretaries of Government,
the President of the Supreme Court of Justice, and the Solicitor General in the
cases provided for in this Constitution;
2. Convene the Assembly in extraordinary session in cases when the Court of
Justice must be constituted;
3. Act on matters that have remained unresolved in order for them to be taken
into consideration;
4. Convene the Assembly in extraordinary sessions when the exigency of the
case so requires; and
5. Substitute the National Assembly in the exercise of its powers in accordance
to the Constitution, except in the power of creating and passing laws. The
Permanent Commission shall meet whenever it is convened by whoever presides
over it in accordance to this Constitution.
he Malolos Congress
Emilio Aguinaldo issued a decree on July 18, 1898 asking for the election of delegates
to the revolutionary congress, another decree was promulgated five days later, which
declared that Aguinaldo would appoint representatives of congress because holding
elections is not practical at that time. He appointed 50 delegates in all (but this number
fluctuated from time to time). In accordance with these two decrees, Aguinaldo
assembled the Revolutionary Congress at the Brasoain Church in Malolos, Bulacan on
September 15, 1898.
The atmosphere was festive and the Pasig Band played the national anthem. After
Aguinaldo had read his speech congressional elections were held among the delegates
present. The following were among the most important achievements of the Malolos
Congress:
1. In September 29, 1898, ratified the declaration of Philippine independence held at
Kawit, Cavite on June 12, 1898
2. Passage of a law that allowed the Philippines to borrow P 20 million from banks for
government expenses
3. Establishment of the Universidad Literatura de Filipinas and other schools
4. Drafting of the Philippine Constitution
5. Declaring war against the United States on June 12, 1899
Malolos Constitution
A committee headed by Felipe Calderon and aided by Cayetano Arellano, the
constitution was drafted, for the first time by representatives of the Filipino people and it
is the first republican constitution in Asia. The constitution was inspired by the
constitutions of Mexico, Guatemala, Costa Rica, Brazil, Belgium and France. After some
minor revisions (mainly due to the objections of Apolinario Mabini), the final draft of the
constitution was presented to Aguinaldo. This paved the way to launching the first
Philippine Republic. It established a democratic, republication government with three
branches - the Executive, Legislative and the Judicial branches. It called for the
separation of church and state. The executive powers were to be exercise by the
president of the republic with the help of his cabinet. Judicial powers were given to the
Supreme Court and other lower courts to be created by law. The Chief justice of the
Supreme Court was to be elected by the legislature with the concurrence of the
President and his Cabinet.
First Philippine Republic
The first Philippine Republic was inaugurated in Malolos, Bulacan on January 21, 1899.
After being proclaimed president, Emilio Aguinaldo took his oath of office. The
constitution was read article by article and followed by a military parade. Apolinario
Mabini was elected as a prime minister. The other cabinet secretaries were: Teodoro
Sandico, interior; Baldomero Aguinaldo, war; Gen. Mariano Trias, finance & war;
Apolinario Mabini, foreign affairs; Gracio Gonzaga for welfare, Aguedo Velarde, public
instruction; Maximo Paterno, public works & communication; and Leon María Guerrero
for agriculture, trade & commerce.
The Philippine National Anthem
Aguinaldo commissioned Julian Felipe, a composer from Cavite province was asked to
write an an instrumental march for the proclamation of independence ceremony. The
original title was "Marcha Filipina Magdalo". This was later changed to "Marcha
Nacional Filipina". The lyrics was added in August 1899 based on the poem titled
"Filipinas" by Jose Palma. The original lyrics was written in Spanish, then to English
(when the Flag Law was abolished during the American period) then later, was
translated to Tagalog, which underwent another change of title to “Lupang Hinirang”, the
Philippine National Anthem. Continue to Filipino-American Hostilities.
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.