Philippine Constitutional Convention of 1934

The Philippine Constitutional Convention of 1934, also known as the 1934 Constitutional Convention, was an elected constituent assembly in the Philippine Islands that drafted the Constitution establishing the Commonwealth of the Philippines. Formally styled the Constitutional Convention, it was organized under the Tydings–McDuffie Act and Philippine Act No. 4125.

The convention consisted of 202 delegates and met in Manila from July 30, 1934, until February 19, 1935. Claro M. Recto served as its president, with Ruperto Montinola and Teodoro Sandiko as first and second vice presidents, respectively. The convention approved the proposed constitution on February 8, 1935. It was subsequently certified by United States President Franklin D. Roosevelt and ratified by Filipino voters in the 1935 Philippine constitutional plebiscite.

Background The United States Congress enacted the Philippine Independence Act, commonly known as the Tydings–McDuffie Act, on March 24, 1934. The law provided for a transitional commonwealth government followed by recognition of Philippine independence. It authorized Filipinos to draft a constitution, subject to specified requirements and certification by the president of the United States before submission to a popular vote.

The Philippine Legislature enacted Act No. 4125 on May 26, 1934, to provide for the election and meeting of the convention. The statute allotted two delegates to each representative district, with separate arrangements for the special provinces of Mindanao and Sulu, the subprovinces of Mountain Province and the city of Baguio. It prescribed a total membership of 202 and made the office of delegate honorary.

Election and organization

The delegates were elected on July 10, 1934. Most were chosen by plurality vote among registered electors. Under Act No. 4125, however, the delegates representing Mountain Province, Bukidnon, Cotabato, Lanao and Sulu were selected by secret ballot at meetings of municipal and municipal-district officials.

The convention opened on July 30 in the session hall of the House of Representatives in Manila. Senate President Manuel L. Quezon initially called the assembly to order, and the delegates selected José P. Laurel as temporary chair. Recto was then elected permanent president. The convention elected Montinola and Sandiko as vice presidents, Narciso Pimentel as secretary and Narciso Diokno as sergeant-at-arms.

Leadership

President: Claro M. Recto (Batangas–3rd) First Vice-President: Ruperto Montinola (Iloilo–2nd) Second Vice-President: Teodoro Sandiko (Bulacan–1st)

Members Province/City DistrictDelegatesAbraLoneAgusanLoneAlbay1st2nd3rd4thAntiqueLoneBataanLoneBatanesLoneBatangas1st2nd3rdBohol1st2nd3rdBukidnonLoneBulacan1st2ndCagayan1st2ndCamarines NorteLoneCamarines Sur1st2ndCapiz1st2nd3rdCaviteLoneCebu1st2nd3rd4th5th6th7thCotabatoLoneDavaoLoneIlocos Norte1st2ndIlocos Sur1st2ndIloilo1st2nd3rd4th5thIsabelaLoneLa Union1st2nd Laguna1st2ndLanaoLoneLeyte1st2nd3rd4th5thManila1st2ndMarinduqueLoneMasbateLoneMindoroLoneMisamis OccidentalLoneMisamis OrientalLoneMountain ProvinceApayaoBaguioBenguetBontocIfugaoKalingaNegros Occidental1st2nd3rdNegros Oriental1st2ndNueva Ecija1st2ndNueva VizcayaLonePalawanLonePampanga1st2ndPangasinan1st2nd3rd4th5thRizal1st2ndRomblonLoneSamar1st2nd3rdSorsogon1st2ndSuluLoneSurigaoLoneTarlac1st2ndTayabas1st2ndZambalesLoneZamboangaLone

Drafting proceedings The convention organized committees to consider different parts of the proposed charter. A seven-member subcommittee called the “Seven Wise Men” prepared a consolidated draft from the committee reports. Its members were Filemon Sotto, Manuel Roxas, Vicente Singson Encarnacion, Manuel Briones, Miguel Cuaderno, Norberto Romualdez and Conrado Benitez. The subcommittee submitted its report on October 20, 1934.

The delegates debated the structure of the executive and legislature, the powers of government, citizenship, suffrage, social justice, economic policy, natural resources, civil liberties and the proposed national language. Historian Gonzalo Malihan described consensus building, majority rule and the convention's leadership as important to its decisions, which were also constrained by requirements in the Tydings–McDuffie Act.

The language question produced prolonged disagreement. Proposals to designate Tagalog immediately as the national language were initially defeated. The final text instead directed the future National Assembly to develop and adopt a common national language based on one of the existing native languages, while retaining English and Spanish as official languages until otherwise provided by law.

As completed, the proposed constitution established a republican government with separated legislative, executive and judicial powers. It contained a bill of rights and originally provided for a unicameral National Assembly and a president elected to a six-year term without immediate reelection.

Committees The Constitutional Convention of 1934 had 47 committees: CommitteeChairmanAccountsAgricultural DevelopmentAmendments to the ConstitutionBill of RightsCitizenship and NaturalizationCitizenship DutiesCivil ServiceCommerceComparative Study of ConstitutionsConstitutional GuaranteesCredentialsCurrency and BanksDeclaration of PrinciplesDelimitation of TerritoryExecutive PowerFinance and Public AccountsFranchisesHealth and HygieneImmigrationImpeachmentIndustryInsular PoliceInterior GovernmentJudicial PowerLabor and Social WelfareLegislative PowerMandatory ProvisionsMetropolitan and Foreign RelationsMiscellaneous MattersNational DefenseNationalization and Conservation of Land and Natural ResourcesNationalization of the Public UtilitiesOfficial LanguagePreamblePrintingPrivilegesProvincial and Municipal GovernmentsPublic InstructionRulesScientific ResearchSelection of Resident Commissioner under the CommonwealthSpecial ProvincesSponsorshipStyleSuffrageTariffTransitory Provisions

Approval and ratification On February 8, 1935, the convention conducted a roll-call vote and approved the proposed constitution. Tomás Cabili of Lanao cast the only negative vote recorded in the convention journal. Delegates signed the document before the convention adjourned on February 19, subject to recall if further action was required.

The proposed constitution was submitted to Roosevelt on March 18. He certified on March 23 that it substantially conformed to the Philippine Independence Act. The Philippine Legislature subsequently enacted Act No. 4200, providing for its submission to the electorate on May 14, 1935. Voters ratified the constitution, completing the process required for establishing the Commonwealth government. The Commonwealth was inaugurated on November 15, 1935.

Historical significance Malihan characterized the convention as a milestone in Philippine constitutional history because it was the first occasion under American rule on which Filipinos were permitted to write the fundamental law intended to govern their transition to autonomy and independence. He also noted that three delegates—Laurel, Roxas and Elpidio Quirino—later became presidents of the Philippines.

The constitution produced by the convention initially governed the Commonwealth and, following independence, the Third Philippine Republic. It was amended in 1940 and, apart from the period of the Japanese-sponsored Second Philippine Republic, remained the country's fundamental law until the adoption of the 1973 Constitution.

Philippine Constitutional Convention of 1934

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