1935Constitution

Intended Learning Outcome:

1. Narrative of the history of the enactment of the

1935 Constitution;
2. Discuss the Salient features if the 1935
Constitution.
3. Similarities and differences in the powers of the
three branches of the government under the 1935
Constitution with 1899 Constitution.
 Introduction
The constitution was amended twice;
● First, it was on October 24, 1939, when the Filipino people ratified an
amendment to the Ordinance appended to the Constitution. The amendment
was made because of the changes in the economic provisions of the Tydings
– Mcduffie Act made by the Philippine Economic Readjustment Act that was
enacted by the United States congress on August 7, 1939.
● Second, it was in 1940 when three amendments were ratified by the people in
the plebiscite held on June 18, 1940. the amendments are the following:
1. Change in the term of office of the President and Vice President.
2. The establishment of bicameral legislature namely, Senate and House of
Representatives.
3. The creation of the Commission on Elections, General Auditing Office, and Civil
Service.
 Salient Features of 1935 Constitution
● The 1935 Constitution has Preamble that is almost totally different from the 1899
Constitution and contains a new article about national territory.
● It has more enumeration of rights in its Bill of Rights.
● The government was divided into three co – equal branches:
a. Executive
- Executive power was vested in the President of the Philippines elected through popular
suffrage that will serve for a term of four years.
b. Legislative
- Legislative power was vested on a bicameral legislature called Senate and House of
Representatives who were directly elected by the people.
c. Judiciary
- Judicial power resides in the Supreme Court and other lower courts.
● It has a clear enumeration of the rights of citizens.
● on the other hand, suffrage can only be exercise by male, females are not allowed.
 The Preamble
“ The Filipino people, imploring the aid of Divine
Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony
of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of
independence under a regime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.”
 National Territory
“ The Philippines comprises all the territory ceded to the United States
by the treaty of Paris concluded between the United States and Spain
on the tenth day of December, eighteen hundred and ninety – eight,
the limits of which are set forth in Article III of said treaty, together
with all the islands embraced in the treaty concluded at Washington,
between the United States and Spain on the seventh day of
November, nineteen hundred, and in the treaty concluded between
the United States and Great Britain on the second day of January,
nineteen hundred and thirty, and all territory over which the present
Government of the Philippine Island exercise jurisdiction”.
 Who are the citizens of the Philippines?
Article IV of 1935 provides that the following are citizens of the
Philippines:
1. Those who are citizens of the Philippine islands at the time of
adoption of this constitution.
2. Those born in the Philippine islands who before the adoption of the
constitution had been elected to public office of the Philippine island.
3. Those whose father are citizens of the Philippines.
4. Those whose mother are citizens of the Philippines and, upon the
age of majority elect Philippine citizenship.
5. Those who are naturalized in accordance with law.
 Rights Guaranteed by the 1935 Constitution
1. Right to life, liberty and Property
2. Right to due process of law
3. Right to equal protection of the laws
4. Right against unreasonable searches and seizures
5. Liberty of abode
6. Privacy of communication and correspondence
7. Right to form association or societies
8. Freedom of religion
9. Freedom of speech
10. Freedom of the press
11. Right to assembly and petition
12. Non- impairment of the obligation of contracts
 13. non- imprisonment for debt or non – payment of poll tax
14. Right against involuntary servitude
15. The privilege of the writ of habeas corpus
16. Right to bail
17. Right of a person under criminal prosecution
a. Right to presumption of innocence
b. Right to be heard by himself/herself and counsel
c. Right to be informed of the nature and cause of the accusation against him/her.
d. Right to a speedy and public trial
e. Right to meet the witnesses faces to face
f. Right to have compulsory process to secure the attendance of witnesses in his/her behalf
18. Right against self incrimination
19. Right against excessive fines
20. Right against cruel and unusual punishment
21. Right against double jeopardy
22. Free access to court
 Suffrage
“Suffrage may be exercised by male citizens of the Philippines not
otherwise disqualified by law, who are twenty – one years of age or
over and are able to read and write, and who shall 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. The
national Assembly shall extend the right of suffrage to women if, in a
plebiscite which shall be held for that purpose within two years after
the adoption of this Constitution, not less than three hundred
thousand women possessing the necessary qualifications shall vote
affirmatively on the question”.
Power of the Three Branches of the Government under
1935
Legislative Power
● Power of taxation
● Power to declare war
● Confirmation power
● Power to override the veto of the president
● Power to define prescribe and apportion the jurisdiction of the
various form
● Power to repeal, alter or supplement the rules concerning pleading,
practice, and procedure and admission to the practice of law in the
Philippines
 Executive/ President
Executive Power
● Control power
● Military power
a) The commander – in – chief of the AFP
b) Declare martial law
c) Call armed forces to prevent or suppress lawless violence, invasion,
insurrection, or rebellion, or imminent danger
● Power of appointment
● Veto power
● Pardoning power
a) Grant reprieves
b) Grant communication of sentence
c. Grant pardon
d. Remit fines and forfeitures
● Diplomatic
Power / treaty – making power

Judiciary
Judicial power
Original jurisdiction over cases affecting ambassadors other
public minister and consoles nor of its jurisdiction to review, revise,
reverse, modify or affirmed on appeal certiorari or writ of error, as the
law or the rules of court may provide, final judgment and decrease of
inferior courts in –
1. all cases in which the constitutionality or validity of any treaty law ordinance or
executive order or regulation as in question
2. all cases involving the legality of any tax imposed assessment or tall or any
penalty imposed in relation there to
3. all cases in which the jurisdiction of any trial courts is in issue
4. all criminal cases in which the penalty imposed is death or life imprisonment
5. all cases in which an error or question of law is involved
● Power to determine the constitutionality of treaty or law
● Power to promulgate rules concerning pleading practice and procedure in all
courts and admission to the practice of law
● Power to appoint the age of a particular district or designate or transfer a
judge to another district
 Qualifications of Elected and Appointed Officials of the Branches of the Government

Qualifications Legislative Executive Judiciary

Citizenship Requirement Citizen of the Philippines Natural – born citizens Citizen of the Philippines
for 5 years for 5 years
Age requirement At least 30 years of age At least 40 years of age or At least 40 years of age
over
Voter registration Qualified elector Qualified voter None
requirement
Residency requirement Resident of the province President of the None
for not less than one year Philippines for at least 10
years
Other requirement None None 10 years or more being a
judge of a court of record
or engage in the practice
of law in the Philippines
 Amendments to the Constitution
Article XV provides “ The congress in joint session
assembled, by a vote of three – fourths of all the
members of the Senate and House of
representatives voting separately, ” may propose
amendments to the constitution when approved by
a majority of the votes cast at an election at which
the amendments are submitted to the people for
their ratification.
 Some Observations to the 1935 Constitution
1. The Preamble is very short. Words like equality, peace, and love are not included. These
are the hopes and aspirations of every person regardless of race.
2. No state policies. These state policies are important in the aspect of law making and
policy – making processes.
3. Impartial trial. The right of the accused to impartial trial is not mentioned although the
constitution guarantees speedy and public trial.
4. Congress has the power to declare war. The constitution empowered the Congress to
declare war which is somewhat contrary to the state policy of “ renunciation of war”.
5. President can serve for eight consecutive years. The term of office may be short for a
competent President but too long for an incompetent one.
6. No specified number of days in the declaration of martial law. The constitution
empowered the President to declare martial law for “unlimited” number of days.
THANK YOU!