Law Summary
National Territory
- The Philippine territory comprises lands ceded by Spain to the United States in the 1898 Treaty of Paris.
- It includes additional islands covered by later treaties with the U.S. and Great Britain.
- Also encompasses all territories under the jurisdiction of the Philippine government.
Declaration of Principles
- The Philippines is a republican state with sovereignty residing in the people.
- Defense of the state is a fundamental government duty, and citizens may be required to render military or civil service.
- The country renounces war as national policy and adopts international law principles.
- Government supports parents in raising youth for civic efficiency.
- Promotion of social justice and economic security is a state concern.
Bill of Rights
- Protection of life, liberty, and property guaranteed with due process and equal protection.
- Private property can only be taken for public use with just compensation.
- Rights to privacy, security against unreasonable search and seizure, freedom of abode, communication, religion, speech, assembly, and petition are protected.
- Guarantees against ex post facto laws, double jeopardy, involuntary servitude except as criminal punishment, excessive bail and fines, and cruel and unusual punishment.
- Provides for habeas corpus suspension only in cases of invasion or rebellion.
- Ensures free access to courts regardless of poverty.
Citizenship
- Citizenship granted to original inhabitants, those born of Filipino parents, naturalized citizens, and electors meeting specified conditions.
- Provides for loss and reacquisition of citizenship as prescribed by law.
Suffrage
- Right to vote initially limited to male citizens 21 years or older, literate, and residents with specific durations.
- Extension of suffrage to women subject to plebiscite approval within two years.
Legislative Department
- Bicameral Congress composed of Senate and House of Representatives.
- Senate: 24 members elected at large, six-year terms with staggered initial terms; qualifications include natural-born citizenship, minimum age 35, qualified elector, and residency.
- House: up to 120 members apportioned by population, four-year terms; qualifications include natural-born citizenship, age 25, qualified elector, and residency.
- Special and regular sessions defined with limits on duration.
- Rules of procedure, quorum requirements, and disciplinary powers outlined.
- Electoral Tribunals established for contests of election and qualifications.
- Commission on Appointments consists of members from both houses; supervises certain appointments.
- Legislative processes include procedures for bill passage, vetoes, and appropriations.
- Prohibitions on holding other government office and conflict of interest rules for legislators.
Executive Department
- Executive power vested in a President elected for a four-year term by direct popular vote alongside the Vice-President.
- Qualifications for President: natural-born citizen, qualified voter, at least 40 years old, ten years residence.
- Procedures for succession and filling vacancies provided.
- Presidential oath of office established.
- President powers include: control of executive departments, military leadership, law enforcement, appointment powers with legislative confirmation, budget submission, pardons, and treaty-making.
- Restrictions on departmental heads regarding private interests.
Judicial Department
- Judicial power vested in one Supreme Court and other courts established by law.
- Supreme Court original and appellate jurisdiction specified, including constitutional cases.
- Composition: Chief Justice and ten Associate Justices; appointments made by the President with Commission on Appointments consent.
- Qualifications for Supreme Court Justices and judges detailed.
- Tenure during good behavior until age 70 or disability.
- Procedures for court decisions, publication, and rules of court promulgation.
Impeachment
- Grounds: culpable constitutional violation, treason, bribery, high crimes.
- House has power to impeach by two-thirds vote.
- Senate tries impeachments requiring three-fourths conviction vote.
- Penalties limited to removal and disqualification; criminal prosecution remains possible.
Commission on Elections
- Independent commission composed of Chairman and two Members appointed for staggered nine-year terms.
- Full charge of election law enforcement and administration.
- Authority extends to appointment of election officials and review of decisions by Supreme Court.
- Prohibits professional or business interests of Commissioners that pose conflict.
- Required to report on election conduct.
General Auditing Office
- Auditor General appointed for ten years, with fixed compensation.
- Responsibilities: audit all government accounts, revenues, expenditures, maintain accounts, report irregularities.
- Decision appeals go to President or courts as provided.
- Annual government financial condition reports required.
Civil Service
- Merit-based appointments for all government branches, except policy-determining and confidential posts.
- Prohibition against partisan political activity by government employees.
- Double compensation restrictions.
- Removal or suspension only for cause.
Conservation and Utilization of Natural Resources
- Natural resources owned by the State; exploitation limited to Filipino citizens or corporations 60% Filipino-owned.
- Expropriation limits and lease terms set, with exceptions for water rights.
- Maximum landholdings specified.
- Congress empowered to regulate land size holdings.
- Expropriation for subdivision and conveyance at cost permitted.
- Transfer restrictions to qualified entities.
- State may establish and operate industries and utilities of national welfare and defense.
General Provisions
- Philippine flag, official languages, oath of office for public officers provided.
- Promotion of national language development, scientific research, arts, and education outlined.
- Protection of labor and regulation of labor relations.
- Restrictions on private corporation regulation and public utility franchises.
- National police force establishment mandated.
- Constitution promulgated in English and Spanish.
Amendments
- Amendments proposed by three-fourths joint congressional vote or by convention.
- Validity upon majority approval by the people.
Transitory Provisions
- Initial elections and government inauguration procedures.
- Continuity of existing laws and courts unless inconsistent with new Constitution.
- Status of government employees during transition.
- Special provisions for certain provinces' congressional representation.
- Constitution operative upon Commonwealth inauguration.
Special Provisions Upon Independence
- Settlement of property rights between U.S. and Philippines.
- Recognition of officials elected under the Constitution as officers of the independent government.
- Assumption of Philippine debts and obligations.
- Inclusion of provisions in treaty with the United States.
Commonwealth and Republic Transition
- Government called Commonwealth until full sovereignty transfer.
- Upon U.S. sovereignty withdrawal, government becomes Republic.
Original Ordinance Pending U.S. Sovereignty Withdrawal
- Allegiance to the U.S. by all citizens.
- Oath of office acknowledging U.S. authority.
- Religious freedom assurance with tax exemptions for religious and charitable properties.
- Trade and public debt controls involving U.S. oversight.
- Education primarily in English.
- U.S. supervisory role in foreign affairs and legislative acts.
- U.S. right to expropriate property and maintain military presence.
- Judicial decisions subject to U.S. Supreme Court review.
- Presidential powers to intervene for government preservation.
- Appointment of Resident Commissioner to U.S.
- Requirement for U.S. approval of constitutional amendments.
- Restrictions and suspension powers over Commonwealth laws for fiscal and international compliance.
- Annual reports to U.S. President and Congress.
Constitutional Convention Chronology
- Delegates elected July 10, 1934; draft submitted October 20, 1934.
- Final approval February 8, 1935.
- Presidential approval by Franklin D. Roosevelt on March 23, 1935.
Ordinance Regarding Executive Agreement
- Temporary allowance, during 1946–1974, for U.S. citizens and enterprises to engage in resource exploitation and public utilities under terms equivalent to Filipinos.
This summary encapsulates the core provisions, scope, definitions, procedures, penalties, and key legal concepts of the 1935 Constitution of the Philippines.