1935 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
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.
ARTICLE I
THE NATIONAL TERRITORYSection 1. 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 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 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...
1935 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
1935 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Summary of the 1935 Constitution of the Republic of the Philippines:
Preamble
• Establishes the Constitution to form a government embodying the ideals, conserving the nation's patrimony, promoting general welfare, and securing independence under justice, liberty, and democracy.
Article I: The National Territory
• Defines the territorial boundaries of the Philippines.
Article II: Declaration of Principles
• The Philippines is a republican state, with sovereignty residing in the people. (Section 1)
• Defense of the state is a prime duty, and citizens may be required to render military or civil service. (Section 2)
• The Philippines renounces war as an instrument of national policy and adopts generally accepted principles of international law. (Section 3)
• The government shall aid and support the natural right and duty of parents in rearing the youth for civic efficiency. (Section 4)
• The state shall promote social justice to ensure the well-being and economic security of all people. (Section 5)
Article III: Bill of Rights
• Guarantees various civil rights and liberties, including due process, equal protection, privacy, freedom of speech, press, religion, and assembly. (Section 1)
• Prohibits certain laws, such as ex post facto laws, bills of attainder, and granting titles of nobility. (Section 1)
• Provides for rights of the accused in criminal prosecutions, including presumption of innocence, right to counsel, and protection against double jeopardy. (Section 1)
• Ensures access to courts shall not be denied due to poverty. (Section 1)
Article IV: Citizenship
• Defines who are citizens of the Philippines, including those born to Filipino parents, naturalized citizens, and certain elected officials before the Constitution's adoption. (Section 1)
• Citizenship may be lost or reacquired as provided by law. (Section 2)
Article V: Suffrage
• Grants suffrage to male citizens aged 21 or over, able to read and write, and meeting residency requirements. (Section 1)
• Provides for extending suffrage to women through a plebiscite within two years. (Section 1)
Article VI: Legislative Department
• Establishes a bicameral Congress consisting of a Senate and House of Representatives. (Section 1)
• Outlines the composition, qualifications, terms, and election procedures for Senators and Representatives. (Sections 2-8)
• Defines the powers, procedures, and limitations of Congress, including impeachment, appointments, and legislation. (Sections 9-26)
Article VII: Executive Department
• Vests executive power in the President of the Philippines. (Section 1)
• Outlines the qualifications, election, term limits, and powers of the President and Vice President. (Sections 2-10)
• Provides for succession in case of vacancy or inability of the President and Vice President. (Section 8)
• Establishes the President's control over executive departments and local governments, and the power to call out armed forces. (Section 10)
• Grants the President the power to make appointments, grant pardons and amnesty, and negotiate treaties. (Section 10)
Article VIII: Judicial Department
• Vests judicial power in the Supreme Court and inferior courts established by law. (Section 1)
• Defines the jurisdiction and powers of the Supreme Court, including its appellate jurisdiction. (Sections 2-3)
• Outlines the composition, qualifications, and appointment process for Supreme Court Justices and judges of inferior courts. (Sections 4-8)
• Provides for the tenure, compensation, and procedures of the Supreme Court and inferior courts. (Sections 9-13)
Article IX: Impeachment
• Establishes the grounds and procedures for impeachment of the President, Vice President, Supreme Court Justices, and Auditor General. (Sections 1-4)
Article X: Commission on Elections
• Creates an independent Commission on Elections to enforce and administer election laws. (Section 1)
• Outlines the powers, duties, and composition of the Commission on Elections. (Sections 2-4)
Article XI: General Auditing Office
• Establishes a General Auditing Office under the direction of an Auditor General. (Section 1)
• Defines the duties and powers of the Auditor General in examining and auditing government accounts and expenditures. (Sections 2-4)
Article XII: Civil Service
• Requires a Civil Service system for government appointments based on merit and fitness. (Section 1)
• Prohibits civil servants from engaging in partisan political activities or receiving additional compensation without authorization. (Sections 2-3)
• Provides for removal or suspension of civil servants only for cause as provided by law. (Section 4)
Article XIII: Conservation and Utilization of Natural Resources
• Declares that natural resources belong to the State, with limitations on their disposition, exploitation, and utilization. (Section 1)
• Limits the acquisition and leasing of public agricultural lands by individuals, corporations, and associations. (Sections 2-3)
• Allows for expropriation of lands for subdivision and conveyance to individuals. (Section 4)
• Prohibits the transfer or assignment of private agricultural lands, except in cases of hereditary succession. (Section 5)
• Permits the State to establish and operate industries, transportation, and communication, and transfer private enterprises to public ownership upon payment of just compensation. (Section 6)
Article XIV: General Provisions
• Describes the Philippine flag and its design. (Section 1)
• Requires public officers and members of the armed forces to take an oath to support and defend the Constitution. (Section 2)
• Provides for the development and adoption of a common national language, while recognizing English and Spanish as official languages. (Section 3)
• Promotes scientific research, invention, arts, and letters, and secures exclusive rights to writings and inventions for a limited period. (Section 4)
• Establishes a system of public education, with optional religious instruction, and aims to develop moral character, personal discipline, civic conscience, and vocational efficiency. (Section 5)
• Requires the State to afford protection to labor, regulate relations between landowners and tenants, and between labor and capital, and may provide for compulsory arbitration. (Section 6)
• Prohibits the formation, organization, or regulation of private corporations by Congress, except for government-owned or controlled corporations. (Section 7)
• Regulates the granting of franchises, certificates, or authorizations for public utilities, with limitations on exclusivity and duration. (Section 8)
• Requires the organization and maintenance of a national police force. (Section 9)
• Establishes the official promulgation of the Constitution in English and Spanish, with the English text prevailing in case of conflict. (Section 10)
Article XV: Amendments
• Outlines the procedure for proposing and ratifying amendments to the Constitution. (Section 1)
Article XVI: Transitory Provisions
• Provides for the first election of officers and inauguration of the Commonwealth government. (Section 1)
• Continues the existing laws of the Philippine Islands until amended or repealed by the Congress of the Philippines. (Section 2)
• Maintains existing courts and pending cases until otherwise provided by law. (Section 3)
• Allows existing officers and employees to continue in office until the Congress provides otherwise, with some exceptions. (Section 4)
• Addresses the election of Representatives for the Mountain Province and former special provinces. (Section 5)
• Specifies the effective date of the Constitution's provisions. (Section 6)
Article XVII: Special Provisions Effective Upon the Proclamation of the Independence of the Philippines
• Outlines provisions to take effect upon the proclamation of Philippine independence, including:
- Adjustment and settlement of property rights between the United States and the Philippines. (Section 1(a))
- Recognition of elected officials as constitutional officers of the independent government. (Section 1(b))
- Assumption of debts and liabilities by the independent government. (Section 1(c))
- Assumption of continuing obligations under the Treaty of Peace with Spain. (Section 1(d))
- Embodiment of these provisions in a treaty with the United States. (Section 1(e))
Article XVIII: The Commonwealth and the Republic
• Establishes the government as the Commonwealth of the Philippines, which shall be known as the Republic of the Philippines upon the proclamation of independence. (Section 1)
Ordinance Appended to the 1935 Constitution
• Allows for the disposition, exploitation, development, utilization of natural resources, and operation of public utilities to be open to citizens of the United States and U.S.-owned or controlled enterprises, subject to certain conditions and limitations, until July 3, 1974, or the termination of the Executive Agreement entered into on July 4, 1946.
Preamble
• Establishes the Constitution to form a government embodying the ideals, conserving the nation's patrimony, promoting general welfare, and securing independence under justice, liberty, and democracy.
Article I: The National Territory
• Defines the territorial boundaries of the Philippines.
Article II: Declaration of Principles
• The Philippines is a republican state, with sovereignty residing in the people. (Section 1)
• Defense of the state is a prime duty, and citizens may be required to render military or civil service. (Section 2)
• The Philippines renounces war as an instrument of national policy and adopts generally accepted principles of international law. (Section 3)
• The government shall aid and support the natural right and duty of parents in rearing the youth for civic efficiency. (Section 4)
• The state shall promote social justice to ensure the well-being and economic security of all people. (Section 5)
Article III: Bill of Rights
• Guarantees various civil rights and liberties, including due process, equal protection, privacy, freedom of speech, press, religion, and assembly. (Section 1)
• Prohibits certain laws, such as ex post facto laws, bills of attainder, and granting titles of nobility. (Section 1)
• Provides for rights of the accused in criminal prosecutions, including presumption of innocence, right to counsel, and protection against double jeopardy. (Section 1)
• Ensures access to courts shall not be denied due to poverty. (Section 1)
Article IV: Citizenship
• Defines who are citizens of the Philippines, including those born to Filipino parents, naturalized citizens, and certain elected officials before the Constitution's adoption. (Section 1)
• Citizenship may be lost or reacquired as provided by law. (Section 2)
Article V: Suffrage
• Grants suffrage to male citizens aged 21 or over, able to read and write, and meeting residency requirements. (Section 1)
• Provides for extending suffrage to women through a plebiscite within two years. (Section 1)
Article VI: Legislative Department
• Establishes a bicameral Congress consisting of a Senate and House of Representatives. (Section 1)
• Outlines the composition, qualifications, terms, and election procedures for Senators and Representatives. (Sections 2-8)
• Defines the powers, procedures, and limitations of Congress, including impeachment, appointments, and legislation. (Sections 9-26)
Article VII: Executive Department
• Vests executive power in the President of the Philippines. (Section 1)
• Outlines the qualifications, election, term limits, and powers of the President and Vice President. (Sections 2-10)
• Provides for succession in case of vacancy or inability of the President and Vice President. (Section 8)
• Establishes the President's control over executive departments and local governments, and the power to call out armed forces. (Section 10)
• Grants the President the power to make appointments, grant pardons and amnesty, and negotiate treaties. (Section 10)
Article VIII: Judicial Department
• Vests judicial power in the Supreme Court and inferior courts established by law. (Section 1)
• Defines the jurisdiction and powers of the Supreme Court, including its appellate jurisdiction. (Sections 2-3)
• Outlines the composition, qualifications, and appointment process for Supreme Court Justices and judges of inferior courts. (Sections 4-8)
• Provides for the tenure, compensation, and procedures of the Supreme Court and inferior courts. (Sections 9-13)
Article IX: Impeachment
• Establishes the grounds and procedures for impeachment of the President, Vice President, Supreme Court Justices, and Auditor General. (Sections 1-4)
Article X: Commission on Elections
• Creates an independent Commission on Elections to enforce and administer election laws. (Section 1)
• Outlines the powers, duties, and composition of the Commission on Elections. (Sections 2-4)
Article XI: General Auditing Office
• Establishes a General Auditing Office under the direction of an Auditor General. (Section 1)
• Defines the duties and powers of the Auditor General in examining and auditing government accounts and expenditures. (Sections 2-4)
Article XII: Civil Service
• Requires a Civil Service system for government appointments based on merit and fitness. (Section 1)
• Prohibits civil servants from engaging in partisan political activities or receiving additional compensation without authorization. (Sections 2-3)
• Provides for removal or suspension of civil servants only for cause as provided by law. (Section 4)
Article XIII: Conservation and Utilization of Natural Resources
• Declares that natural resources belong to the State, with limitations on their disposition, exploitation, and utilization. (Section 1)
• Limits the acquisition and leasing of public agricultural lands by individuals, corporations, and associations. (Sections 2-3)
• Allows for expropriation of lands for subdivision and conveyance to individuals. (Section 4)
• Prohibits the transfer or assignment of private agricultural lands, except in cases of hereditary succession. (Section 5)
• Permits the State to establish and operate industries, transportation, and communication, and transfer private enterprises to public ownership upon payment of just compensation. (Section 6)
Article XIV: General Provisions
• Describes the Philippine flag and its design. (Section 1)
• Requires public officers and members of the armed forces to take an oath to support and defend the Constitution. (Section 2)
• Provides for the development and adoption of a common national language, while recognizing English and Spanish as official languages. (Section 3)
• Promotes scientific research, invention, arts, and letters, and secures exclusive rights to writings and inventions for a limited period. (Section 4)
• Establishes a system of public education, with optional religious instruction, and aims to develop moral character, personal discipline, civic conscience, and vocational efficiency. (Section 5)
• Requires the State to afford protection to labor, regulate relations between landowners and tenants, and between labor and capital, and may provide for compulsory arbitration. (Section 6)
• Prohibits the formation, organization, or regulation of private corporations by Congress, except for government-owned or controlled corporations. (Section 7)
• Regulates the granting of franchises, certificates, or authorizations for public utilities, with limitations on exclusivity and duration. (Section 8)
• Requires the organization and maintenance of a national police force. (Section 9)
• Establishes the official promulgation of the Constitution in English and Spanish, with the English text prevailing in case of conflict. (Section 10)
Article XV: Amendments
• Outlines the procedure for proposing and ratifying amendments to the Constitution. (Section 1)
Article XVI: Transitory Provisions
• Provides for the first election of officers and inauguration of the Commonwealth government. (Section 1)
• Continues the existing laws of the Philippine Islands until amended or repealed by the Congress of the Philippines. (Section 2)
• Maintains existing courts and pending cases until otherwise provided by law. (Section 3)
• Allows existing officers and employees to continue in office until the Congress provides otherwise, with some exceptions. (Section 4)
• Addresses the election of Representatives for the Mountain Province and former special provinces. (Section 5)
• Specifies the effective date of the Constitution's provisions. (Section 6)
Article XVII: Special Provisions Effective Upon the Proclamation of the Independence of the Philippines
• Outlines provisions to take effect upon the proclamation of Philippine independence, including:
- Adjustment and settlement of property rights between the United States and the Philippines. (Section 1(a))
- Recognition of elected officials as constitutional officers of the independent government. (Section 1(b))
- Assumption of debts and liabilities by the independent government. (Section 1(c))
- Assumption of continuing obligations under the Treaty of Peace with Spain. (Section 1(d))
- Embodiment of these provisions in a treaty with the United States. (Section 1(e))
Article XVIII: The Commonwealth and the Republic
• Establishes the government as the Commonwealth of the Philippines, which shall be known as the Republic of the Philippines upon the proclamation of independence. (Section 1)
Ordinance Appended to the 1935 Constitution
• Allows for the disposition, exploitation, development, utilization of natural resources, and operation of public utilities to be open to citizens of the United States and U.S.-owned or controlled enterprises, subject to certain conditions and limitations, until July 3, 1974, or the termination of the Executive Agreement entered into on July 4, 1946.