B 1,165,010 ་ F AGE OF FISH" BTN : ** •*** * B **** Starly ill to Plante dra, 196 song & found Ca U.S.A. A AALG BINDER 7 ! : 74th Congress, 2d Session + 1 COMPILATION OF DOCUMENTS RELATING TO THE INAUGURATION OF THE GOVERN- MENT OF THE COMMONWEALTH OF THE PHILIPPINES COMMUNICATION FROM ★2-7-36 House Document No. 400 THE PRESIDENT OF THE UNITED STATES TRANSMITTING A COMPILATION OF DOCUMENTS RELATING TO THE INAUGURATION OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES JANUARY 27, 1936.-Referred to the Committee on Insular Affairs and ordered to be printed COITAO! ILIUL UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1936 : POLITICAL TSC GRAD D5 681.5 •U5 C49 1936 Bietar 14. نما 3.4 Bulw SHRIY AS NEG 11-20-95 CONTENTS Concurrent Resolution of the Philippine Legislature accepting the Tydings- McDuffie Act.. Act 4125 of the Philippine Legislature providing for the election and holding of the Constitutional Convention Constitution of the Philippines: -- (a) The President's certification. (b) The President's Message to Congress.. (c) The President's public statement. 1 I Proclamation 784 by the Governor General calling special session of the Legislature to provide for the submission of the Constitution to the Filipino people…. Act 4200 of the Philippine Legislature providing for the submission of the Constitution to the people at an election…… Proclamation 810 by the Governor General calling special session of the Legislature to canvass the returns of the constitutional ratification and to provide for the election of officers.. Concurrent Resolution 20 of the Philippine Legislature certifying the ratification of the Constitution __. Proclamation 816 by the Governor General fixing the date for election of officers.. Act 4203 of the Philippine Legislature providing for the holding of the first election of officers of the Commonwealth Government_ Resolution of the Philippine Legislature announcing the result of the election___ U Certification by the Governor General of the Philippine Islands of the election of officers__ INAUGURAL CEREMONIES + Proclamation 860 by the Governor General calling special session of the Legislature to provide for the inauguration of the Commonwealth Government. Speech of Hon. John N. Garner, Vice President of the United States, at joint session of the Philippine Legislature Speech of Hon. Joseph W. Byrns, Speaker of the House of Representa- tives, at joint session of the Philippine Legislature-- Message of Governor General Murphy to the Philippine Legislature in the final joint session.. I Invocation_ Introduction of the Secretary of War.. Address of the Secretary of War.. Proclamation of the President announcing the election of officers under the Constitution_ Proclamation of the Secretary of War announcing the change of govern- ment_ Inaugural address of the President of the Philippines_-- + 1 Ⅲ Page 1 2 24 24 24 25 26 29 30 31 32 38 39 42 42 46 48 68 69 69 65 73 74 LETTER OF TRANSMITTAL THE WHITE HOUSE, January 27, 1936. To the Congress of the United States: I transmit herewith, for the information of the Congress, a com- pilation of documents relating to the inauguration of the govern- ment of the Commonwealth of the Philippines, as provided in the Philippine Independence Act (Public, No. 127, 73d Cong.), ap- proved March 24, 1934. Inasmuch as it is believed that this compilation would be of great historical value and of general interest as a source of information, I concur in the recommendation of the Secretary of War that it be printed as a Congressional document. FRANKLIN D. ROOSEVELT. V * 满 ​心 ​• The PRESIDENT, LETTER OF SUBMITTAL The White House. WAR DEPARTMENT, Washington, January 25, 1936. DEAR MR. PRESIDENT: I am enclosing herewith a compilation of documents relating to the inauguration of the government of the Commonwealth of the Philippine Islands as provided in the Philip- pine Independence Act (Public, No. 127, 73d Cong.), approved March 24, 1934. It is believed it would be in the interest of the public if these papers could be published in a single Congressional document. Such a publication would meet an extensive demand for information regarding this historical event, and would be of great historical value. It is accordingly recommended that they be transmitted to Con- gress with the recommendation that they be published as a Con- gressional document. Respectfully yours, Enclosure: Compilation, as stated. GEO. H. DERN, Secretary of War. VII > COMPILATION OF DOCUMENTS RELATING TO THE INAUGURA- TION OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINE ISLANDS AS PROVIDED IN THE PHILIPPINE INDEPENDENCE ACT¹ (PUBLIC, NO. 127, 73D. CONG.), AP- PROVED MARCH 24, 1934. NINTH PHILIPPINE LEGISLATURE Third Special Session " CONCURRENT RESOLUTION ACCEPTING PUBLIC ACT NUMBERED ONE HUNDRED TWENTY-SEVEN OF THE CONGRESS OF THE UNITED STATES, COMMONLY KNOWN AS THE TYDINGS-MCDUFFIE ACT, AND EXPRESS- ING THE GRATITUDE OF THE PHILIPPINE LEGISLATURE AND FILIPINO PEOPLE TO THE PRESIDENT AND CONGRESS OF THE UNITED STATES AND THE AMERICAN PEOPLE. THE Whereas, the Seventy-third Congress of the United States of America has enacted Public Act Numbered One hundred twenty- seven, entitled "An Act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes," and commonly known as the Tydings-McDuffie Law; WHEREAS, Section seventeen of the aforesaid Act requires the acceptance thereof by concurrent resolution of the Philippine Legis- lature or by a convention called for the purpose of passing upon that law before the same shall take effect; WHEREAS, although the Philippine Legislature believes that cer- tain provisions of said Act need further consideration, the said Legislature deems it its duty to accept the proffer of independence thus made by the Government of the United States; (a) Because the Filipino people cannot, consistent with their national dignity and love of freedom, decline to accept the inde- pendence that the said Act grants; (b) And because the President of the United States in his message to Congress on March two, nineteen hundred and thirty-four, rec- ommending the enactment of said law, stated: "I do not believe that other provisions of the original law need be changed at this time. Where imperfections or inequalities exist, I am confident that they can be corrected after proper hearing and in fairness to both peo- ples";―a statement which gives to the Filipino people reasonable assurances of further hearing and due consideration of their views; now, therefore, be it Resolved by the Senate, the House of Representatives of the Philippines concurring, That Public Act Numbered One hundred twenty-seven of the Seventy-third Congress of the United States, 1 The Tydings-McDuffie Act, or so-called Philippine Independence Act (Public, No. 127, 73d Cong.), was approved Mar. 24, 1394. 1 2 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT entitled "An Act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other pur- poses," commonly known as the Tydings-McDuffie Law, be, and is hereby accepted by the Philippine Legislature in accordance with the provisions of section seventeen thereof; Resolved, further, That the Philippine Legislature, in its own be- half and in behalf of the Filipino people, express, and does hereby express, its appreciation and everlasting gratitude to the President and the Congress of the United States and the American people. Adopted in joint session, May 1, 1934. (Signed) MANUEL L. QUEZON, President of the Senate. QUINTIN PAREDES, Speaker of the House of Representatives. We hereby certify that the foregoing Concurrent Resolution was adopted by the Senate and House of Representatives of the Philip- pines in joint session on May 1, 1934. (Signed) FERMÍN S. TORRALBA, Secretary of the Senate. JULIAN La O, Acting Secretary of the House of Representatives. (Official Seal: Philippine Senate and House of Representatives.) NINTH PHILIPPINE LEGISLATURE Third Special Session H. No. 3638 [No. 4125] AN ACT TO PROVIDE FOR THE ELECTION AND HOLDING OF THE CON- STITUTIONAL CONVENTION AUTHORIZED BY THE ACT OF THE CONGRESS OF THE UNITED STATES OF MARCH TWENTY-FOURTH, NINETEEN HUNDRED AND THIRTY-FOUR, APPROPRIATE FUNDS THEREFOR, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same: ELECTION OF DELEGATES FOR THE CONSTITUTIONAL CONVENTION SECTION 1. The Constitutional Convention authorized by Public Act Numbered One hundred and twenty-seven of the Seventy-third Congress of the United States, approved March twenty-fourth, nine- teen hundred and thirty-four, entitled "An Act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and form of government for the Philip- pine Islands, and for other purposes," shall be composed of two hundred and two elective delegates distributed at the ratio of two DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 3 delegates for each representative district, except in the special prov- inces of Mindanao and Sulu which shall each have two delegates, and except in the Mountain Province which shall have two delegates for each subprovince thereof and two delegates for the City of Baguio. SEC. 2. The office of delegate shall be honorary and shall be com- patible with any other public office not subject to the civil service rules. SEC. 3. No person shall be eligible for delegate who has not the qualifications required by existing law for eligibility for repre- sentative. SEC. 4. The election of delegates shall be held on June twenty- sixth, nineteen hundred and thirty-four,* in accordance with the provisions of the Election Law governing special elections for rep- resentative, except as herein otherwise provided. For good reasons, the Governor-General may postpone the election to a date not later than July sixteenth, nineteen hundred and thirty-four, in which case the Constitutional Convention shall be held on the thirtieth of the same month and year, at eleven o'clock in the morning. SEC. 5. The delegates shall be elected as follows: (a) The delegates of the elective representative districts and those of Nueva Vizcaya, Baguio, Agusan, Davao, and Zamboanga shall be elected by a plurality of the votes of the qualified electors registered in the list of voters of the general election of nineteen hundred and thirty-four in the respective districts or provinces, as the case may be. The voters of Tagudin, Cervantes, Angaki, San Emilio, Concepcion, Sigay, Suyo, Alilem, and Sugpon, of the Province of Ilocos Sur, shall vote at the election of delegates of the second district of said province, and the voters of Pugo, Burgos, San Gabriel, Santol, and Sodipen, of the Province of La Union, shall vote at the election of delegates of the first district of the latter province. No new voters shall be admitted at this election; and (b) The delegates of the Mountain Province, Bukidnon, Cotabato, Lanao, and Sulu shall be elected by secret ballot and by a plurality of the votes of the members present at a meeting to be held in their respective localities at nine o'clock in the morning of the day of the election of delegates, by the presidents, vice-presidents, and councilors of the municipalities and municipal districts, and the respective municipal secretary shall certify to the result of the balloting and the provincial board shall act as provincial board of canvassers. SEC. 6. The certificates of candidacy of the candidates for delegate shall be filed at least ten days before the election by the candidates themselves or by ten or more electors of the district or province in which they are to be elected, and need not contain any statement regarding their political affiliation. SEC. 7. The election inspectors and poll clerks shall be paid a per diem of three pesos for each day of service in carrying out the election herein provided for. SEC. 8. The Secretary of the Interior shall prescribe the forms for the official ballots which shall be numbered but shall not have any coupons nor any printing on the back; the types of ballot boxes which shall not require more than two padlocks each the keys where- * Postponed to July 10 by Governor General's Proclamation No. 704. 4 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT of shall during the election be in the keeping of inspectors of oppos- ing parties and shall after the election be surrendered to the clerk of the Court of First Instance and the provincial commander of the Constabulary; the forms for the statements of the results of the election, and the forms for the telegraphic transmission of the results. The statements and official telegrams relative to the results of the election shall be received and transmitted by the Bureau of Posts without delay and free of charge, and shall be given the preference over other matter. MEETING OF THE CONSTITUTIONAL CONVENTION SEC. 9. The Constitutional Convention shall meet in the Session Hall of the House of Representatives on July fourth, nineteen hundred and thirty-four, at eleven o'clock in the morning. A majority of its members shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The Convention shall be the sole judge of the elections, returns, and qualifications of its mem- bers; it may organize and adopt such rules as it may see fit, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel them. SEC. 10. The laws relative to the parliamentary immunity of the members of the Legislature and the protection of the sessions of the same and its committees against disturbance and molestation, and the penalties provided for the violation of said laws shall be appli- cable to the members of the Constitutional Convention and to the sessions of the same and of its committees. SEC. 11. The Secretaries of the Houses of the Legislature shall place at the disposal of the Constitutional Convention such person- nel, premises and furniture thereof as can, in their judgment, be spared without detriment to the public service, without cost, refund or additional pay. K APPROPRIATION OF FUNDS SEC. 12. The sum of five hundred thousand pesos, or so much thereof as may be necessary, is hereby appropriated out of any general funds not otherwise appropriated, (a) for the payment of the expenses of the election, subject to the approval of the Secretary of the Interior; (b) for the expenses of fitting the session hall of the House of Representatives and the necessary rooms for the use of the Constitutional Convention; and (c) for the payment of per diems to the members of the Convention not receiving government salary in any other capacity at the rate of five pesos for each day of session of said Convention actually attended by them; for the ex- penses of going to and returning from the sessions of the Conven- tion, to the same extent to which such expenses are allowed to mem- bers of the House of Representatives, and for other incidental ex- penses of the Convention, subject to the approval of the chairman or acting chairman of the Convention. DATE OF TAKING EFFECT SEC. 13. This Act shall take effect on its approval. Approved, May 26, 1934. ■ 1 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 5 The election of delegates to the Constitutional Convention was held on July 10, 1934; the Convention convened in Manila on July 30, 1934, and completed the task of drafting a Constitution on February 8, 1935. A committee of members of the Constitutional Convention came to the United States to present the Constitution to the Presi- dent, and on March 23, 1935, it was certified by the President as con- forming substantially with the provisions of the Independence Act. CONSTITUTION OF THE PHILIPPINES ADOPTED BY THE PHILIPPINE CONSTITUTIONAL CONVENTION AT THE CITY OF MANILA, PHILIPPINE ISLANDS, ON THE EIGHTH DAY OF FEBRUARY, NINETEEN HUNDRED AND THIRTY-FIVE CONSTITUTIONAL CONVENTION, MANILA Hon. Claro M. Recto, President. Hon. Ruperto Montinola, First Vice-President. Hon. Teodora Sandiko, Second Vice-President. N. Pimentel, Secretary. CONSTITUTION OF THE PHILIPPINES The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, con- serve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a régime of justice, liberty, and democracy, do ordain and promulgate this Constitution. ARTICLE I. THE NATIONAL TERRITORY SECTION 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 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 Islands exercises jurisdiction. ARTICLE II. DECLARATION OF PRINCIPLES SECTION 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. SEC. 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service. SEC. 3. The Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as a part of the law of the Nation. 6 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT SEC. 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the Government. SEC. 5. The promotion of social justice to insure the well-being and economic security of all the people should be the concern of the State. ARTICLE III. BILL OF RIGHTS SECTION 1. (1) No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (2) Prívate property shall not be taken for public use without just compensation. (3) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, to be determined by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized. (4) The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired. (5) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when public safety and order require otherwise. (6) The right to form associations or societies for purposes not contrary to law shall not be abridged. (7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and the free exercise and enjoyment of religious profession and worship, without discrimina- tion or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. (8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. (9) No law granting a title of nobility shall be enacted, and no person holding any office of profit or trust shall, without the consent of the National Assembly, accept any present, emolument, office, or title of any kind whatever from any foreign state. (10) No law impairing the obligation of contracts shall be passed. (11) No ex post facto law or bill of attainder shall be enacted. (12) No person shall be imprisoned for debt or nonpayment of a poll tax. (13) No involuntary servitude in any form shall exist except as a punishment for crime whereof the party shall have been duly convicted. (14) The privilege of the writ of habeas corpus shall not be sus- pended except in cases of invasion, insurrection, or rebellion, when the public safety requires it, in any of which events the same may be suspended wherever during such period the necessity for such sus- pension shall exist. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 7 (15) No person shall be held to answer for a criminal offense without due process of law. (16) All persons shall before conviction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong. Excessive bail shall not be required. (17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have com- pulsory process to secure the attendance of witnesses in his behalf. (18) No person shall be compelled to be a witness against himself. (19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted. (20) No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (21) Free access to the courts shall not be denied to any person by reason of poverty. ARTICLE IV. CITIZENSHIP SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippine Islands at the time. of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. (5) Those who are naturalized in accordance with law. SEC. 2. Philippine citizenship may be lost or reacquired in the manner provided by law. ARTICLE V. SUFFRAGE SECTION 1. 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 quali- fications shall vote affirmatively on the question. ARTICLE VI. LEGISLATIVE DEPARTMENT SECTION 1. The Legislative power shall be vested in a National Assembly. The Members of the National Assembly shall not exceed 8 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT one hundred and twenty, shall be chosen every three years, and shall be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants, but each province shall have at least one Member. The National Assembly shall by law make an apportionment within three years after the return of every enumeration, and not otherwise. Until such appor- tionment shall have been made, the National Assembly shall consist of ninety-eight Members, of whom eighty-seven shall be elected by the representative districts as now provided by law; and three by the Mountain Province, and one by each of the other eight existing special provinces. The Members of the National Assembly in the provinces of Sulu, Lanao, and Cotabato shall be chosen as may be determined by law; in all other provinces they shall be elected by the qualified voters therein. SEC. 2. No person shall be a Member of the National Assembly unless he has been five years a citizen of the Philippines, is at least thirty years of age, and, at the time of his election, a qualified elector, and a resident of the province in which he is chosen for not less than one year immediately prior to his election. SEC. 3. (1) In case of vacancy in the National Assembly a special election may be called in the corresponding district, in the manner prescribed by law, but the Member thus elected shall serve only for the unexpired term. (2) Elections for the National Assembly shall be held on the dates fixed by law. (3) The National Assembly shall convene in regular session once every year, on the second Monday of the month immediately fol- lowing that on which the election of its Members was held, unless a different date is fixed by law. The National Assembly may be called in special session at any time by the President to consider general legislation or only such subjects as he may designate. No special session shall continue longer than thirty days and no regular session longer than one hundred days, exclusive of Sundays. (4) The National Assembly shall choose its Speaker, a secretary, a sergeant-at-arms, and such other officers as may be required. A majority of all the Members shall constitute a quorum to do busi- ness, but a smaller number may adjourn from day to day, and may compel the attendance of absent Members, in such manner and under such penalties as the National Assembly may provide. (5) The National Assembly may determine the rules of its pro- ceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds, expel a Member. It shall keep a Journal of its proceedings, and from time to time publish the same, except- ing such parts as may in its judgment require secrecy; and the yeas and nays on any question shall, at the request of one-fifth of its Members present, be entered in the Journal. SEO. 4. There shall be an Electoral Commission composed of three Justices of the Supreme Court designated by the Chief Jus- tice, and of six Members chosen by the National Assembly, three of whom shall be nominated by the party having the largest num- ber of votes, and three by the party having the second largest number of votes therein. The senior Justice in the Commission M DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 9 · shall be its Chairman. The Electoral Commission shall be the sole judge of all contests relating to the election, returns, and qualifica- tions of the Members of the National Assembly. SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive an annual compensation of five thousand pesos each including per diems and other emoluments or allowances and exclusive only of travelling expenses to and from their respective districts when attending sessions of the National Assembly. No increase in said compensation shall take effect until after the expiration of the full term of the Members of the Na- tional Assembly elected subsequent to the approval of such increase. The Speaker of the National Assembly shall receive an annual com- pensation of sixteen thousand pesos until otherwise provided by law. SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of the National As- sembly, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place. SEC. 7. The National Assembly shall elect from among its Mem- bers, on the basis of proportional representation of the political parties therein, a Commission on Appointments and a Commission on Impeachment, each to consist of twenty-one members. These Commissions shall be constituted within thirty days after the Na- tional Assembly shall have been organized with the election of its Speaker, and shall meet only while the National Assembly is in session, at the call of their respective Chairmen or a majority of their members, to discharge such powers and functions as are herein conferred upon them. SEC. 8. (1) No Member of the National Assembly may hold any other office or employment in the Government without forfeiting his seat, nor shall any such Member during the time for which he was elected, be appointed to any civil office which may have been created or the emoluments whereof shall have been increased while he was a Member of the National Assembly. (2) No Member of the National Assembly shall directly or indi- rectly be financially interested in any contract with the Govern- ment or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by the National Assembly dur- ing his term of office; nor shall any such Member appear as counsel before the Electoral Commission or any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or collect any fee for his appearance in any administrative proceedings or in any criminal case wherein an officer or employee of the Government is accused of an offense com- mitted in relation to his office. No Member of the Commission on Appointments of the National Assembly shall appear as counsel before any court inferior to the Supreme Court. + M SEC. 9. (1) The President shall submit within fifteen days of the opening of each regular session of the National Assembly a budget. of receipts and expenditures, which shall be the basis of the general appropriation bill. The National Assembly may not increase the II. Doc. 400, 71—2———-2 10 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT appropriations recommended by the President for the operation of the Government as specified in the Budget, except the appropriations for the National Assembly and the Judicial Department. The form of the Budget and the information that it should contain shall be prescribed by law. (2) No provision or enactment shall be embraced in the general appropriation, unless it relates specifically to some particular appro- priation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation. SEC. 10. The heads of departments upon their own initiative or upon the request of the National Assembly may appear before and be heard by the National Assembly on any matter pertaining to their departments, unless the public interest shall require otherwise and the President shall so state in writing. SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a law, be presented to the Presi- dent. If he approve the same, he shall sign it; but if not, he shall return it with his objections to the National Assembly, which shall enter the objections at large on its Journal and proceed to recon- sider it. If, after such reconsideration, two-thirds, of all the Mem- bers of the National Assembly shall agree to pass the bill, it shall become a law. In all such cases the votes of the National Assembly shall be determined by yeas and nays, and the names of the Members voting for and against shall be entered on the Journal. If any bill shall not be returned by the President as herein provided within twenty days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the National Assembly by adjournment prevent its return, in which case it shall become a law unless vetoed by the President within thirty days after adjournment. (2) The President shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. When a provision of an appropriation bill affects one or more items of the same, the President cannot veto the provision without at the same time veto- ing the particular item or items to which it relates. The item or items objected to shall not take effect except in the manner hereto- fore provided as to bills returned to the National Assembly without the approval of the President. If the veto refers to a bill or any item of an appropriation bill which appropriates a sum in excess of ten per centum of the total amount voted in the appropriation bill for the general expenses of the Government for the preceding year, or if it should refer to a bill authorizing an increase of the public debt, the same shall not become a law unless approved by three-fourths of all the Members of the National Assembly. (3) The President shall have the power to veto any separate item or items in a revenue or tariff bill, and the item or items vetoed shall not take effect except in the manner provided as to bills vetoed by the President. SEC. 12. (1) No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 11 (2) No bill shall be passed or become a law unless it shall have been printed and copies thereof in its final form furnished the Members at least three calendar days prior to its passage by the National Assembly, except when the President shall have certified to the necessity of its immediate enactment. Upon the last reading of a bill no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the Journal. SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be trans- ferred to the general funds of the Government. (2) No money shall be paid out of the Treasury except in pur- suance of an appropriation made by law. (3) No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces or to any penal institution, orphanage, or leprosarium. SEC. 14. (1) The rule of taxation shall be uniform. (2) The National Assembly may by law authorize the President, subject to such limitations and restrictions as it may impose, to fix within specified limits, tariff rates, import or export quotas, and tonnage and wharfage dues. (3) Cemeteries, churches, and parsonages or convents appurte- nant thereto, and all lands, buildings, and improvements used exclu- sively for religious, charitable, or educational purposes shall be ex- empt from taxation. SEC. 15. The National Assembly shall, with the concurrence of two-thirds of all its Members, have the sole power to declare war. SEC. 16. In times of war or other national emergency, the National Assembly may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to promulgate rules and regulations to carry out a declared national policy. ARTICLE VII. EXECUTIVE DEPARTMENT SECTION 1. The Executive power shall be vested in a President of the Philippines. SEC. 2. The President shall hold his office during a term of six years, and together with the Vice-President chosen for the same term, shall be elected by direct vote of the people. The election re- turns for President and Vice-President, duly certified by the board of canvassers of each province, shall be transmitted to the National Assembly. Upon receipt of such returns the National Assembly shall forthwith, in public session, count the votes, and proclaim the persons elected President and Vice-President. The persons respec- tively having the highest number of votes for President and Vice- President shall be declared elected, but in case two or more shall have an equal and the highest number of votes for either office, the Na- 12 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT tional Assembly shall, by a majority vote of all its Members, elect one of said persons as President or Vice-President. SEC. 3. No person may be elected to the office of President or Vice- President, unless he be a natural-born citizen of the Philippines, a qualified voter, forty years of age or over, and has been a resident of the Philippines for at least ten years immediately preceding the election. SEC. 4. No person elected President may be reëlected for the fol- lowing term, nor shall the Vice-President or any other person who may have succeeded to the office of President as herein provided at least one year before the election, be eligible to the office of President at such election. SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to be fixed by the National Assembly. SEC. 6. The terms of the President and Vice-President shall end at noon on the thirtieth day of December following the expiration of six years after their election, and the terms of their successors shall begin from such time, SEC. 7. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice-President- elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-President shall act as President until a President shall have qualified, and the National Assembly may by law provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accord- ingly until a President or Vice-President shall have qualified. SEC. 8. Before he enter on the execution of his office, the President shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.) SEC. 9. In the event of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the National Assembly shall by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. SEC. 10. The President shall have an official residence and receive a compensation to be ascertained by law which shall be neither increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Government or any of its subdivisions or instru- mentalities. Until the National Assembly shall provide otherwise, the President shall receive an annual salary of thirty thousand pesos. The Vice-President, when not acting as President, shall receive an annual compensation of fifteen thousand pesos until otherwise provided by law. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 13 SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or offices, exercise general supervision over all local governments as may be provided by law, and take care that the laws be faithfully executed. (2) The President shall be commander-in-chief of all armed forces of the Philippines and, whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless vio- lence, invasion, insurrection, or rebellion. In case of invasion, in- surrection, or rebellion, or imminent danger thereof, when the public safety requires it, he may suspend the privileges of the writ of habeas corpus, or place the Philippines or any part thereof under martial law. (3) The President shall nominate and with the consent of the Commission on Appointments of the National Assembly, shall ap- point the heads of the executive departments and bureaus, officers of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or commander, and all other officers of the Government whose appointments are not herein otherwise pro- vided for, and those whom he may be authorized by law to appoint; but the National Assembly may by law vest the appointment of inferior officers, in the President alone, in the courts, or in the heads of departments. (4) The President shall have the power to make appointments during the recess of the National Assembly, but such appointments shall be effective only until disapproval by the Commission on Ap- pointments or until the next adjournment of the National Assembly. (5) The President shall from time to time give to the National Assembly information of the state of the Nation, and recommend to its consideration such measures as he shall judge necessary and expedient. (6) The President shall have the power to grant reprieves, com- mutations, and pardons, and remit fines and forfeitures, after con- viction, for all offenses, except in cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper to impose. He shall have the power to grant amnesty with the concurrence of the National Assembly. (7) The President shall have the power, with the concurrence of a majority of all the Members of the National Assembly, to make treaties, and with the consent of the Commission on Appointments, he shall appoint ambassadors, other public ministers, and consuls. He shall receive ambassadors and other ministers duly accredited to the Government of the Philippines. SEC. 12. (1) The executive departments of the present Govern- ment of the Philippine Islands shall continue as now authorized by law until the National Assembly shall provide otherwise. (2) The heads of departments and chiefs of bureaus or offices and their assistants shall not, during their continuance in office, engage in the practice of any profession, or intervene, directly or indirectly, in the management or control of any private enterprise which in any way may be affected by the functions of their office; nor shall they, directly or indirectly, be financially interested in any contract with the Government, or any subdivision or instrumentality thereof. (3) The President may appoint the Vice-President as a member of his cabinet and also as head of an executive department. 14 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT ARTICLE VIII. JUDICIAL DEPARTMENT SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. SEC. 2. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, nor of its jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error, as the law or the rules of court may provide, final judgments and decrees of inferior courts in— (1) All cases in which the constitutionality or validity of any treaty, law, ordnance, or executive order or regulation is in question. (2) All cases involving the legality of any tax, impost, assess- ment, or toll, or any penalty imposed in relation thereto. (3) All cases in which the jurisdiction of any trial court 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. SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such original and appellate jurisdic- tion as may be possessed and exercised by the Supreme Court of the Philippine Islands at the time of the adoption of this Con- stitution. The original jurisdiction of the Supreme Court shall include all cases affecting ambassadors, other public ministers, and consuls. SEC. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and may sit either en banc or in two divi- sions unless otherwise provided by law. SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed by the President with the consent of the Commission on Appointments of the National Assembly. SEC. 6. No person may be appointed member of the Supreme Court unless he has been five years a citizen of the Philippines, is at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philip- pines. SEC. 7. No judge appointed for a particular district shall be desig- nated or transferred to another district without the approval of the Supreme Court. The National Assembly shall by law determine the residence of judges of inferior courts. SEC. 8. The National Assembly shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge of any such courts unless he is a citizen of the Philippines and has been admitted to the practice of law in the Philippines. SEC. 9. The members of the Supreme Court and all judges of inferior courts shall hold office during good behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their office. They shall receive such compensation as may be fixed by law, which shall not be diminished during their con- tinuance in office. Until the National Assembly shall provide other- DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 15 wise, the Chief Justice of the Supreme Court shall receive an annual compensation of sixteen thousand pesos, and each Associate Justice, fifteen thousand pesos. SEC. 10. All cases involving the constitutionality of a treaty or law shall be heard and decided by the Supreme Court en banc, and no treaty or law may be declared unconstitutional without the concur- rence of two-thirds of all the members of the Court. SEC. 11. The conclusions of the Supreme Court in any case sub- mitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the opinion of the Court. Any Justice dissenting from a decision shall state the reasons for his dissent. SEC. 12. No decision shall be rendered by any court of record with- out expressing therein clearly and distinctly the facts and the law on which it is based. SEC. 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all courts of the same grade and shall not diminish, increase, or modify substantive rights. The existing laws on pleading, practice, and procedure are hereby repealed as statutes, and are declared Rules of Courts, subject to the power of the Supreme Court to alter and modify the same. The National Assembly shall have the power to repeal, alter, or supplement the rules concerning pleading, practice, and procedure, and the admission to the practice of law in the Philippines. ARTICLE IX. IMPEACHMENT SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the Auditor General, shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, or other high crimes. SEC. 2. The Commission on Impeachment of the National Assem- bly, by a vote of two-thirds of its Members, shall have the sole power of impeachment. SEC. 3. The National Assembly shall have the sole power to try all impeachments. When sitting for that purpose the Members shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of three-fourths of all the Members who do not belong to the Commission on Impeachment. SEC. 4. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Government of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. ARTICLE X. GENERAL AUDITING OFFICE SECTION 1. There shall be a General Auditing Office under the di- rection and control of an Auditor General, who shall hold office for a term of ten years and may not be reappointed. The Auditor Gen- 16 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT eral shall be appointed by the President with the consent of the Com- mission on Appointments, and shall receive an annual compensation to be fixed by law which shall not be diminished during his continu- ance in office. Until the National Assembly shall provide otherwise, the Auditor General shall receive an annual compensation of twelve thousand pesos. SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source, including trust funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or property pertaining to or held in trust by the Govern- ment or the provinces or municipalities thereof. He shall keep the general accounts of the Government and preserve the vouchers per- taining thereto. It shall be the duty of the Auditor General to bring to the attention of the proper administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or extravagant. He shall also perform such other func- tions as may be prescribed by law. SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and the same may be appealed to the President whose action shall be final. When the aggrieved party is a private person or entity, an appeal from the decision of the Audi- tor General may be taken directly to a court of record in the manner provided by law. SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual report covering the financial condition and operations of the Government, and such other reports as may be required. ARTICLE XI. CIVIL SERVICE SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be provided by law. Appointments in the Civil Service, except as to those which are policy-determining, pri- marily confidential or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination. SEC. 2. Officers and employees in the Civil Service, including members of the armed forces, shall not engage directly or indirectly in partisan political activities or take part in any election except to vote. SEC. 3. No officer or employee of the Government shall receive ad- ditional or double compensation unless specifically authorized by law. SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law. ARTICLE XII. CONSERVATION AND UTILIZATION OF NATURAL RESOURCES SECTION 1. All agricultural, timber, and mineral lands of the pub- lic domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philip- DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 17 pines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inaugura- tion of the Government established under this Constitution. Nat- ural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploita- tion, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the develop- ment of water power, in which cases beneficial use may be the meas- ure and the limit of the grant. SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty-four hectares, nor may any individual acquire such lands by purchase in excess of one hundred and forty-four hectares, or by lease in excess of one thousand and twenty-four hectares, or by homestead in excess of twenty-four hectares. Lands adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation, or association. SEC. 3. The National Assembly may determine by law the size of private agricultural land which individuals, corporations, or associa- tions may acquire and hold, subject to rights existing prior to the enactment of such law. SEC. 4. The National Assembly may authorize, upon payment of just compensation, the expropriation of lands to be subdivided into small lots and conveyed at cost to individuals. SEC. 5. Save in cases of hereditary succession, no private agricul- tural land shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines. SEC. 6. The State may, in the interest of national welfare and defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, trans- fer to public ownership utilities and other private enterprises to be operated by the Government. ARTICLE XIII. GENERAL PROVISIONS SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. SEC. 2. All public officers and members of the armed forces shall take an oath to support and defend the Constitution. SEC. 3. The National Assembly shall take steps toward the de- velopment and adoption of a common national language based on one of the existing native languages. Until otherwise provided by law, English and Spanish shall continue as official languages. SEC. 4. The State shall promote scientific research and invention. Arts and letters shall be under its patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a limited period. SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by the State. The Government shall 18 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT establish and maintain a complete and adequate system of public education, and shall provide at least free public primary instruction, and citizenship training to adult citizens. All schools shall aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized by law. Universities established by the State shall enjoy academic freedom. The State shall create scholarships in arts, science, and letters for specially gifted citizens. SEC. 6. The State shall afford protection to labor, especially to working women and minors, and shall regulate the relations between landowner and tenant, and between labor and capital in industry and in agriculture. The State may provide for compulsory arbi- tration. SEC. 7. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the Government or any subdivision or instrumentality thereof. SEC. 8. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citi- zens of the Philippines or to corporations or other entities organized under the laws of the Philippines, sixty per centum of the capital of which is owned by citizens of the Philippines, nor shall such fran- chise, certificate, or authorization be exclusive in character or for a longer period than fifty years. No franchise or right shall be granted to any individual, firm, or corporation, except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires. SEC. 9. The Government shall organize and maintain a national police force to preserve public order and enforce the law. SEC. 10. This Constitution shall be officially promulgated in Eng- lish and Spanish, but in case of conflict the English text shall prevail. ARTICLE XIV. AMENDMENTS SECTION 1. The National Assembly, by a vote of three-fourths of all its Members, may propose amendments to this Constitution or call a convention for that purpose. Such amendments shall be valid as part of this 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. ARTICLE XV. TRANSITORY PROVISIONS SECTION 1. The first election of the officers provided in this Con- stitution and the inauguration of the Government of the Common- wealth of the Philippines shall take place as provided in Public Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four. SEC. 2. All laws of the Philippine Islands shall continue in force until the inauguration of the Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this Constitution, until amended, altered, modified, or repealed by DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 19 the National Assembly, and all references in such laws to the Gov- ernment or officials of the Philippine Islands shall be construed, in so far as applicable, to refer to the Government and corresponding officials under this Constitution. SEC. 3. All courts existing at the time of the adoption of this Con- stitution shall continue and exercise their jurisdiction, until other- wise provided by law in accordance with this Constitution, and all cases, civil and criminal, pending in said courts, shall be heard, tried, and determined under the laws then in force. SEC. 4. All officers and employees in the existing Government of the Philippine Islands shall continue in office until the National Assembly shall provide otherwise, but all officers whose appointments are by this Constitution vested in the President shall vacate their respective offices upon the appointment and qualification of their successors, if such appointment is made within a period of one year from the date of the inauguration of the Commonwealth of the Philippines. SEC. 5. The Members of the National Assembly for the Mountain Province shall be elected as may be provided by law. The voters of municipalities and municipal districts formerly belonging to a special province and now forming part of regular provinces shall vote in the election for Members of the National Assembly in such districts as may be provided by law. SEC. 6. The provisions of this Constitution, except those con- tained in this article and in Article V, and those which refer to the election and qualifications of officers to be elected under this Con- stitution, shall not take effect until the inauguration of the Com- monwealth of the Philippines. ARTICLE XVI. SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION OF THE INDEPENDENCE OF THE PHILIPPINES SECTION 1. Upon the proclamation of the President of the United States recognizing the independence of the Philippines- (1) The property rights of the United States and the Philippines shall be promptly adjusted and settled, and all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippines. (2) The officials elected and serving under this Constitution shall be constitutional officers of the free and independent government of the Philippines and qualified to function in all respects as if elected directly under such Government, and shall serve their full terms of office as prescribed in this Constitution. (3) The debts and liabilities of the Philippines, its provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent government of the Philippines; and where bonds have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any province, city, or municipality therein, the Government of the Philippines will make adequate provision for the necessary funds for the payment of inter- 20 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT est and principal, and such obligations shall be a first lien on all taxes collected. (4) The Government of the Philippines will assume all continu- ing obligations of the United States under the Treaty of Peace with Spain ceding the Philippine Islands to the United States. (5) The Government of the Philippines will embody the fore- going provisions of this article (except subsection (2)) in a treaty with the United States. ARTICLE XVII. THE COMMONWEALTH AND THE REPUBLIC SECTION 1. The government established by this Constitution shall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of Philippine independence, the Common- wealth of the Philippines shall thenceforth be known as the Repub- lic of the Philippines. ORDINANCE APPENDED TO THE CONSTITUTION SECTION 1. Notwithstanding the provisions of the foregoing Con- stitution, pending the final and complete withdrawal of the sov- ereignty of the United States over the Philippines- (1) All citizens of the Philippines shall owe allegiance to the United States. (2) Every officer of the Government of the Commonwealth of the Philippines shall, before entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the United States. (3) Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in person or property on account of religious belief or mode of worship. (4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, build- ings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation. (5) Trade relations between the Philippines and the United States shall be upon the basis prescribed in section six of Public Act Num- bered One hundred and twenty-seven of the Congress of the United States approved March twenty-four, nineteen hundred and thirty- four. (6) The public debt of the Philippines and its subordinate branches shall not exceed limits now or hereafter fixed by the Con- gress of the United States, and no loans shall be contracted in foreign countries without the approval of the President of the United States. (7) The debts, liabilities, and obligations of the present Govern- ment of the Philippine Islands, its provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the Constitution, shall be assumed and paid by the Government of the Commonwealth of the Philippines. (8) The Government of the Commonwealth of the Philippines shall establish and maintain an adequate system of public schools, primarily conducted in the English language. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 21 (9) Acts affecting currency, coinage, imports, exports, and immi- gration shall not become law until approved by the President of the United States. (10) Foreign affairs shall be under the direct supervision and control of the United States. (11) All acts passed by the National Assembly of the Common- wealth of the Philippines shall be reported to the Congress of the United States. (12) The Philippines recognizes the right of the United States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President of the United States, to call into the service of such armed forces all military forces organized by the Govern- ment of the Commonwealth of the Philippines. (13) The decisions of the courts of the Philippines shall be sub- ject to review by the Supreme Court of the United States as now provided by law, and such review shall also extend to all cases involving the Constitution of the Philippines. (14) Appeals from decisions of the Auditor General may be taken to the President of the United States. (15) The United States may, by Presidential proclamation, exer- cise the right to intervene for the preservation of the Government of the Commonwealth of the Philippines and for the maintenance of the Government as provided in the Constitution thereof, and for the protection of life, property, and individual liberty and for the discharge of Government obligations under and in accordance with the provisions of the Constitution. (16) The authority of the United States High Commissioner to the Government of the Commonwealth of the Philippines as provided in Public Act Numbered One hundred and twenty-seven of the Congress of the United States approved March twenty-four, nineteen hundred and thirty-four, is hereby recognized. (17) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippines all the civil rights of the citizens and corporations, respectively, thereof. (18) Every duly adopted amendment to the Constitution of the Philippines shall be submitted to the President of the United States for approval. If the President approve the amendment or if the President fail to disapprove such amendment within six months. from the time of its submission, the amendment shall take effect as a part of such Constitution. (19) The President of the United States shall have authority to suspend the taking effect of or the operation of any law, contract, or executive order of the Government of the Commonwealth of the Philippines, which in his judgment will result in a failure of the Government of the Commonwealth of the Philippines to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philippines, or which in his judgment will violate international obligations of the United States. (20) The President of the Commonwealth of the Philippines shall make an annual report to the President and Congress of the United 22 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT States of the proceedings and operations of the Government of the Commonwealth of the Philippines and shall make such other re- ports as the President or Congress may request. SEC. 2. Pending the final and complete withdrawal of the sov- ereignty of the United States over the Philippines, there shall be a Resident Commissioner of the Philippines to the United States who shall be appointed by the President of the Commonwealth of the Philippines with the consent of the Commission on Appointments. The powers and duties of the Resident Commissioner shall be as provided in section seven, paragraph five of Public Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four, together with such other duties as the National Assembly may de- termine. The qualifications, compensation, and expenses of the Resident Commissioner shall be fixed by law. SEC. 3. All other provisions of Public Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four, applicable to the Government of the Commonwealth of the Philippines are hereby made a part of this Ordinance as if such provisions were expressly inserted herein. I HEREBY CERTIFY that this Constitution was adopted by the Con- stitutional Convention on February 8, 1935. ATTEST: Jesus Paredes___ Julio Borbon... Do. Apolonio D. Curato-- Agusan. Delfin Gumban___. Do. DELEGATES TO THE CONSTITUTIONAL CONVENTION Delegate from- Abra. Ambrosio Calleja___. Albay. Braulio Leonardo___. Francisco Muñoz---- Jose D. Conejero‒‒‒‒ Jesus B. Surban___ Jose Bonto. Do. Do. Do. Do. Conrado V. Sanchez_ Eusebio M. Lopez---. Eusebio Orense_. Jose P. Laurel_ Do. Do. Do. Saturnino Benito---- Toribio P. Perez____ Angel Salazar__ Ramon Maza__ Miguel Cuaderno____ Bataan. Roman A. Cruz…. Do. Juan C. Castillejos___ Batanes. Mariano A. Lizardo_. Do. Antonio Barrion____. Batangas. Claro M. Recto___. Do. Do. Do. Antique. Do. CLARO M. RECTO, President, Constitutional Convention Do. Do. N. PIMENTEL, Secretary, Constitutional Convention Anastacio A: Mumar_. Bohol. Bernardino Inting--- Gaudencio Cloribel__ Jose A. Clarin_ Perfecto Balili_. Delegate from- G Do. Do. Do. Teofilo G. Buslon__-- J. G. Sanvictores_____ Bukidnon. Pedro D. Melendez__ Do. Antonio Villarama__. Bulacan. Manuel L. Sevilla___. Nicolas Buendia_____ Teodoro Sandiko____ Antonio Guzman. Marcelo Adduru___ Miguel P. Pio---- Vicente Nepomuceno_ Do. Do. Manuel Abella_ Severo A. Cea----- Antonio Arcenas__ Cornelio Villareal___ Do. Do. Do. Cagayan. Do. Do. Do. Baldomero M. Lapak Cam. Norte. Wenceslao Vinzons___ Do. Exequiel S. Grageda Camarines Sur. Gabriel Prieto____ Do. Do. Do. Capiz. Do. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 23 DELEGATES TO THE CONSTITUTIONAL CONVENTION-Continued Delegate from- Capiz. Jose Altavas_ Jose M. Hontiveros__ Manuel Roxas------- Roxas…. Teodulfo Suñer__ Demetrio B. Encar- nacion. Vicente J. Francisco_ Antonio Mansueto___ Cebu. Antonio B. Ybañez. Casiano S. Carin_. Cesar Kintanar_ Dionisio Niere----- Felismeno V. Rivera_. Filemon Sotto‒‒‒‒‒ Hilario C. Moncado.. Jesus M. Cuenco___ Juanito T. Maramara Manuel C. Briones-- Nicolas Rafols. Paulino Gullas- Vicente Sotto---- Blah Sinsuat___ Menandang Piang-- Pantaleon A. Pelayo_. Davao. Do. --- BAND COND G -- ( CA → Do. Do. Do. Cavite. Francisco Zialcita_ Mamerto Ribo____. Rafael S. Castillo___. Francisco Ventura__. Ilocos Norte. Irineo Ranjo_ Maximino G. Bueno_ Servando Castro----- Artemio Abaya…. Delfin Joven____ Elpidio Quirino____. V. Singson Encarna cion--- Tranquilino J. Divi- Do. GAN CU Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Cotabato. Do. nagracia__-. Do. Do. Do. Do. Do. Do. Do. Do. Do. Fermin G. Caram___. Jose Aldeguer_ Jose C. Ganzon__ Mariano Ezpeleta___. Matias P. Yusay.. Ruperto Montinola__. Sofronio M. Flores. Tiburcio Lutero___ Tomas Confesor__. Elias Ocampo--- Miguel B. Binag--- Conrado Benitez----- Laguna. Domingo T. Zavalla.. Jose M. Delgado…- Pedro Guevara_ Alauya Alonto___ Tomas L. Cabili____. Alejandro de Isabela. Do. Guz- man Camilo Osias___ Enrique C. Sobre peña.. Do. Do. Do. Ilocos Sur. Do. Do. Do. Iloilo. Do. Do. Do. Lanao. Do. La Union. Do. Pio Ancheta__. Atilano R. Cinco____. Leyte. Do. Do. Do. Do. Manuel Martinez____ Leyte. Mateo Canonoy_. Norberto Romualdez…. Quiremon Alkuino___ Rafael Martinez__. Ruperto Kapunan. Victorino N. Salazar. Gregorio Perfecto___. Manila. Manuel Lim_. Rafael Palma___. Do. Do. Salvador Araneta__. Do. Ricardo Nepomuceno. Marinduque. Timoteo P. Ricoher- moso- Delegate from- Jose Zurbito___. Do. Masbate. Mindoro. Do. Cipriano Liboro____ Juan Navarro_ Alberto Crespillo____. Mountain. Do. Blas Villamor. Do. Do. Do. Do. Do. Do. Do. Do. Clement Irving---- Felipe E. Jose__ Jose Fakangan_-_- Jose Lorenzana……. Jose M. Cariño___ Jose Velasco___ Max Duguiang_. Miguel Gumangan__. Saturnino Moldero__. Sixto A. Gaerlan_ Bonifacio Ysip‒‒‒‒‒‒. Nueva Ecija. Ysip---- Eugenio Baltao_____ Exequiel M. Santos_. Florentino Chioco___. Demetrio Quirino_--- Nueva Vizcaya. Leon Cabarroguis___. Jose Ozamis______ Paulino Conol‒‒‒‒ Jose Artadi_-_- Manuel C. Fernan- dez__. Enrique J. C. Mon- tilla. ( Jesus Y. Perez--. Jose C. Locsin____ Juan L. Ledesma__ Pedro C. Hernaez---- Simplicio Lizares___ Hermenegildo Villa- nueva__. Jose E. Romero. Do. Do. Do. Do. • • A Do. Do. Do. Do. Do. Do. Do. Do. Misamis Oc. Do. Misamis Or. Do. Negros Or. Do. Do. Sergio G. Jumawan_. Vicente Lopez‒‒‒ Do. Palawan. Evaristo R. Sandoval Gaudencio E. Abordo- David J. Gutierrez__. Pampanga. Do. Do. Do. Do. F. B. Bautista___ Jose Alejandrino_--- Juan B. Nepomuceno- Anacleto B. Ramos-- Bernabe de Guzman Enrique Braganza--. Eusebio V. Sison---- Negros Oc. Do. Do. Do. Do. Do. Pangasinan. Do. Do. Do. 24 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT DELEGATES TO THE CONSTITUTIONAL CONVENTION-Continued Delegate from- Jose L. de Guzman__ Pangasinan. Do. Do. Do. Do. Jose M. Aruego__ Juan Ventenilla_. Leoncio R. Esliza__. Numeriano Tanopo-- Pascual M. Beltran.. Castor P. Cruz____. Domingo T. Dikit___. Do. Juan Ortega--- Do. Rizal. Do. Do. Mariano Melendreŝ__ Antonio J. Montesa_. Romblon. Manuel F. Albero__. Do. Agripino P. Escareal. Samar. Felipe Abrigo‒‒‒‒ Juan L. Bocar___ Luciano Ortiz----- Pedro R. Arteche____ Serafin Marabut_ Adolfo Grafilo___ Do. Do. Do. Do. Do. Sorsogon. Francisco Arellano__. Sorsogon. Jose S. Reyes____. Do. Mario Guariña___. Do. Arolan Tulawi__ Sulu. Jose Montaño_. Clementino V. Diez. Surigao. Montano A. Ortiz___. Do. Alejandro A. Galang. Tarlac. Enrique Maglanoc___ Do. Gregorio M. Bañaga_ Luis Morales__. Do. Do. Do. Fabian R. Millar__-- Tayabas. Godofredo Reyes---- Romualdo Enriquez-- Vicente Salumbides__ Alejo Labrador___ Zambales. Potenciano Lesaca_. Do. Florentino Saguin___ Zamboanga. Pablo Lorenzo__. Do. Delegate from- GR PRESIDENT'S MESSAGE TO CONGRESS Do. Do. Do. THE WHITE HOUSE, March 23, 1935. To The GOVERNOR GENERAL OF THE PHILIPPINE ISLANDS: The foregoing proposed Constitution of the Philippines, with ordi- nance appended thereto, having been submitted to me on March 18, 1935, I certify that the same conforms substantially with the provi- sions of the Act of Congress approved March 24, 1934 (U. S. Stat. L., vol. 48, pp. 456-465). FRANKLIN D. ROOSEVELT. To the Congress of the United States: I have pleasure in informing the Congress that I have today certi- fied to the Governor General of the Philippine Islands that the proposed constitution of the Philippines as adopted by the Philip- pine Constitutional Convention conforms substantially with the provisions of the act of Congress approved March 24, 1934 (U. S. Stat. L., vol. 48, pp. 456-465). FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, March 23, 1935. The President's public statement read as follows: I am happy to state that the Constitution submitted to me on behalf of the Philippine Constitutional Convention for certification under the Tydings- McDuffie Independence Act conforms with the provisions of the act. The members of the Convention are congratulated on the satisfactory com- pletion of a task so important and significant in the life of their people. In the event of ratification of this Constitution, the authority granted to the Commonwealth Government will permit exercise by the Filipino people of general control, subject only to a few important exceptions, of their local affairs. During the period of the Commonwealth there will remain with the Gov- ernment of the United States authority commensurate with and necessary for or appropriate to the ultimate responsibilities of sovereignty. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 25 ** Animated solely by feelings of cordiality, sympathy and loyalty, the people of the United States and the people of the Philippine Islands have been con- ducting together a great experiment, and during the period of the Common- wealth Government this experiment will continue until the ultimate with- drawal of United States sovereignty and the establishment of complete independence. BY THE GOVERNOR-GENERAL OF THE PHILIPPINE ISLANDS—A PROCLAMATION No. 784 Whereas, on the twenty-third day of March, nineteen hundred and thirty-five, the President of the United States certified that the Constitution of the Philippines, with the ordinance appended thereto, as adopted by the Constitutional Convention called and held under the authority of the Act of Congress of March fourth, nineteen hundred and thirty-four, being Act One hundred twenty-seven of the Seventy-third Congress of the United States, conforms substan- tially with the provisions of said Act; Whereas, the said Act of Congress requires that within four months after such certification, the said Constitution, with the ordinance appended thereto, shall be submitted to the people of the Philip- pine Islands for their ratification or rejection at an election to be held on such date and in such manner as the Philippine Legislature may prescribed; Whereas, it is considered advisable that a special session of the Philippine Legislature be called for the purpose of passing the necessary legislation for the submission of said Constitution, with the ordinance appended thereto, to the people of the Philippine Islands; Now, therefore, I, Joseph Ralston Hayden, Acting Governor- General of the Philippine Islands, by virtue of the authority vested in me by section eighteen of the Act of Congress of August twenty- ninth, nineteen hundred and sixteen, hereby call the Philippine Leg- islature in special session to be held in the City of Manila for a period of three days beginning on Monday, the eighth day of April, nineteen hundred and thirty-five, to consider the enactment of the legislation necessary for the submission of the Constitution of the Philippines, with the ordinance appended thereto, to the people of the Philippine Islands, at an election to be held for said purpose, and for the canvassing and certification of the results thereof. In witness whereof, I have hereunto set my hand and caused the seal of the Government of the Philippine Islands to be affixed. Done at the City of Baguio, this twenty-seventh day of March, in the year of our Lord, nineteen hundred and thirty-five. [SEAL] JOSEPH R. HAYDEN Acting Governor-General H. Doc. 400, 74–2– UNIVERSITY OF LIBRARY PINES 26 TENTH PHILIPPINE LEGISLATURE Special Session DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT H. No. 1601 [No. 4200] AN ACT TO SUBMIT TO THE FILIPINO PEOPLE, FOR RATIFICATION OR REJECTION, THE CONSTITUTION OF THE PHILIPPINES WITH THE ORDINANCE APPENDED THERETO, TO APPROPRIATE FUNDS THEREFOR, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same: SECTION 1. The Constitution of the Philippines with the Ordi- nance appended thereto, approved by the Philippine Constitutional Convention on February eight, nineteen hundred and thirty-five, and certified by the President of the United States on March twenty- three, nineteen hundred and thirty-five, to conform substantially with the provisions of the Act of Congress of March twenty-four, nineteen hundred and thirty-four (being Act Numbered One hun- dred twenty-seven of the Seventy-third Congress of the United States) is hereby submitted to the people of the Philippine Islands, for ratification or rejection, and for this purpose registered qualified voters shall vote either for the ratification or the rejection of said Constitution, with the Ordinance appended thereto, in an election to be held on Tuesday, May fourteen, nineteen hundred and thirty- five, in accordance with the provisions of this Act. Said Constitution, with the Ordinance appended thereto, shall be published in the Official Gazette, in English and in Spanish, for three consecutive issues at least fifteen days prior to said election. and a printed copy of said Constitution, with the Ordinance ap- pended thereto, shall be posted in a conspicuous place in each mù- nicipal and provincial government office building and in each polling place not later than the twenty-second day of April, nineteen hundred and thirty-five, and shall remain posted therein continually until after the termination of the election. At least ten copies of the Constitution with the Ordinance appended thereto, in English and in Spanish, shall be kept at each polling place available for examination by the qualified electors during election day. When- ever practicable, copies in the principal local dialects as may be determined by the Secretary of the Interior shall also be kept in each polling place. SEC. 2. The provisions of the Election Law regarding the holding of special elections, insofar as they are not inconsistent herewith, are hereby declared applicable to the election provided for in this Act. The watchers shall be appointed by the political parties, branches or fractions thereof, or political groups which have polled votes in the preceding general election in each municipality at the rate of two watchers for each such party, branch or fraction thereof or political group. Acts and omissions penalized by the Election Law shall, if committed during the holding of this election or in connection there- with, be punished with the penalties prescribed by said law. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 27 SEC. 3. In specially organized provinces, whenever necessary, the provincial boards shall, under the supervision of the Secretary of the Interior, provide for the formation of election precincts in every municipality or municipal district, shall designate the proper polling places, and shall appoint election inspectors and poll clerks with their respective substitute. SEC. 4. The existing boards of election inspectors shall meet, for the registration of new voters and revision of the list of voters, for the purposes of this Act, on the twenty-second and twenty-third days of April, nineteen hundred and thirty-five, between the hours of eight in the morning and five in the afternoon. SEC. 5. All judicial proceedings for the inclusion or exclusion of electors shall be filed not later than the thirtieth day of April, nine- teen hundred and thirty-five, and shall be finally decided on or before the ninth day of May, nineteen hundred and thirty-five. The board of election inspectors shall hold its last meeting on May eleven, nine- teen hundred and thirty-five, for the purpose specified in section four hundred and thirty-nine of the Election Law. SEC. 6. The ballots to be used in the election shall be printed in English and in Spanish and shall conform to the following form: OFFICIAL BALLOT BALOTA OFICIAL THE CONSTITUTION OF THE PHILIPPINES with the Ordinance appended thereto, approved by the Constitu- tional Convention on February 8, 1935, and certified by the President of the United States on March 23, 1935, to conform substantially with the provisions of the Act of Congress of March 24, 1934, known as the Tydings-McDuffie Act (being Act No. 127 of the 73rd Con- gress of the United States), is submitted in this election to the People of the Philippine Islands, for ratification or rejection, by virtue of the provisions of section 4 of said Act, the pertinent portions of which read as follows: "After the President of the United States has certified that the Constitution conforms with the provisions of this Act, it shall be submitted to the People of the Philippine Islands for their ratification or rejection at an election to be held within four months after the date of such certification, on a date to be fixed by the Philippine Legislature, at which election the qualified voters of the Philippine Islands shall have an opportunity to vote directly for or against the proposed Constitution and Ordinances appended thereto, * If a ma- jority of the votes cast shall be for the Constitution, such vote shall be deemed an expression of the will of the People of the Philippine Islands in favor of the Philippine independence, * * If a majority of the votes cast are against the Constitution, the existing Government of the Philippine Islands shall continue without regard to the provisions of this Act." To vote for the ratification of the Constitution, with the Ordinance appended thereto, write the word "YES" in the blank space after the question; to vote for the rejection thereof write the word "NO." ; 28 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT LA CONSTITUCIÓN DE FILIPINAS con la Ordenanza adscrita a la misma aprobada por la Asamblea Constituyente el 8 de febrero de 1935, y certificada por el Presidente de los Estados Unidos en 23 de marzo de 1935 de hallarse sustancial- mente conforme con la Ley del Congreso de 24 de marzo de 1934, conocida por Ley Tydings-McDuffie (que es la Ley No. 127 del 73.º Congreso de los Estados Unidos), se somete en este plebiscito al Pueblo de las Islas Filipinas para su ratificación o rechazamiento, por virtud de las disposiciones del artículo 4 de la citada Ley, cuyas partes pertinentes son del tenor siguiente: "Después de haber certificado el Presidente de los Estados Unidos que la Constitucion está de acuerdo con las disposiciones de esta Ley, dicha constitutión será sometida al Pueblo de las Islas Filipinas para su ratificación o recha- zamiento en un plebiscito que se efectuará dentro de los cuatro meses siguientes a la fecha de dicha certificación. En dicho plebiscito, cuya fecha se señalará por la Legislatura Filipina, los electores habilitados de las Islas Filipinas tendrán oportunidad de votar directamente en pro o en contra de la propuesta Constitución y de las Ordenanzas adscritas a la misma, Si la mayoría de los votos emitidos fuese en pro de la Constitución, dichos votos serán consi- derados como expresión de la voluntad del Pueblo de las Islas Filipinas en favor de la independencia filipina, Si una mayoría de los votos emitidos fuese contraria a la Constitución, el actual Gobierno de las Islas Filipinas continuará no obstante las disposiciones de esta Ley." * A Para votar por la ratificación de la Constitución, con la Ordenanza adscrita a la misma, escriba la palabra "Sí" en el encasillado en blanco después de la pregunta; para votar por el rechazamiento, escriba la palabra "NO." Do you vote for the ratification of the Constitution of the Philippines, with the Ordinance the Ordinance appended thereto? ¿Vota Vd. en favor de la ratificación de la Con- stitución de Filipinas, con la Ordenanza adscrita a la misma ? SEC. 7. The boards of inspectors shall prepare only four copies of the returns of the election in their respective polling places on a form to be prescribed by the Secretary of the Interior. One copy shall be deposited in the ballot box for the valid ballots and the three copies shall be delivered to the proper municipal treasurer, who shall immediately forward, by registered mail, one copy to the Secretary of the Senate, one copy to the Secretary of the House of Representatives and the other copy to the Secretary of the In- terior. The Bureau of Posts shall accept and transmit without delay and free of charge all returns of the election and any official report or telegram connected therewith. SEC. 8. Within thirty days after the election, the presiding officers of both Houses of the Philippine Legislature shall request the Governor-General to call the Legislature in special session for the purpose of canvassing the returns and certifying the result thereof to the Governor-General. Such certification shall include a state- ment of the votes cast, and a copy of said Constitution with the Ordinance appended thereto. 1 thi DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 29 SEC. 9. The sum of three hundred and fifty thousand pesos or so much thereof as may be necessary is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated for the payment, subject to the approval of the Secretary of the Interior, of the expenses incurred in connection with the holding of the elec- tion provided for in this Act, and for the expenses necessary for the printing, publication, posting and free distribution of five hundred thousand copies of the Constitution with the Ordinance appended thereto in English and in Spanish and, whenever prac- tícable, in the principal local dialects. Each election inspector and poll clerk shall receive two pesos for each day of actual service rendered by him. SEC. 10. This Act shall take effect upon its approval. Approved, April 8, 1935. BY THE GOVERNOR-GENERAL OF THE PHILIPPINE ISLANDS-A PROCLAMATION No. 810 Whereas, in pursuance of the Act of Congress, known as the Tydings-McDuffie Act, and Act Numbered Forty-two hundred of the Philippine Legislature, the Constitution of the Philippines, with the Ordinance appended thereto, was submitted to the registered quali- fied voters of the Philippine Islands for the ratification or rejection thereof, on the fourteenth day of May, nineteen hundred and thirty- five; Whereas a formal request has been made by the presiding officers of both Houses of the Philippine Legislature that a special session of the present Legislature be called for the purpose of canvassing the returns and certifying the results of the election so held on May fourteenth, nineteen hundred and thirty-five; Whereas it is necessary to provide for the election of the officers of the Commonwealth provided for in the Constitution; and Whereas the Tydings-McDuffie Act requires that the present Gov- ernment shall provide for the orderly transfer of its functions to the Commonwealth Government; Now, therefore, I, Joseph R. Hayden, Acting Governor-General of the Philippine Islands, by virtue of the authority vested in me by section eighteen of the Act of Congress of August twenty-ninth, nineteen hundred and sixteen, hereby call the Philippine Legislature in special session to be convened in the City of Manila on the twelfth day of June, nineteen hundred and thirty-five, to receive and canvass the returns and certify the results of the election held on May four- teenth, nineteen hundred and thirty-five; to enact necessary legisla- tion for the election of the officers of the Commonwealth Government as provided in the Constitution and for the determination of the results thereof; to provide for the orderly transfer of the functions of the present Government of the Philippine Islands to the Govern- ment of the Commonwealth and all matters appertaining thereto; and to consider and enact other legislation. UNIVERSITY OF 30 LIBRARY PINES DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT In witness whereof, I have hereunto set my hand and caused the seal of the Government of the Philippine Islands to be affixed. Done at the City of Manila, this fifth day of June, in the year of our Lord, nineteen hundred and thirty-five. [SEAL] TENTH PHILIPPINE LEGISLATURE Second Special Session JOSEPH R. HAYDEN Acting Governor-General. (H. Ct. R. No. 23 [Concurrent Resolution No. 20] CONCURRENT RESOLUTION CERTIFYING TO THE GOVERNOR-GENERAL THE RATIFICATION OF THE CONSTITUTION OF THE PHILIPPINES, WITH THE ORDINANCE APPENDED THERETO, BY THE PEOPLE OF THE PHILIPPINE ISLANDS. WHEREAS, in pursuance of section 4 of Public Act Numbered One hundred twenty-seven of the Seventy-third Congress of the United States, commonly known as the Tydings-McDuffie Act, and Act Numbered Forty-two hundred of the Philippine Legislature en- titled "An Act to submit to the Filipino People, for ratification or rejection, the Constitution of the Philippines with the Ordinance appended thereto, to appropriate funds therefor, and for other pur- poses, "the Philippine Legislature has canvassed the returns of the election held on the 14th day of May, 1935, for the purpose of sub- mitting the Constitution of the Philippines, with the Ordinance appended thereto, to the people of the Philippine Islands, and has found that one million two hundred thirteen thousand and forty-six (1,213,046) qualified electors have voted for the ratification of the said Constitution and forty-four thousand nine hundred and sixty- three (44,963) have voted for its rejection: Now, therefore, be it Resolved by the House of Representatives, the Philippine Senate concurring, To certify, as they hereby certify, to the Governor- General of the Philippine Islands, that the Constitution of the Philippines, with the Ordinance appended thereto, has been ratified by a majority of all the votes cast at the election held on May 14, 1935; and Resolved, further, That the statement of the votes cast in said election duly certified by the Presiding Officers and hereto attached. be, and the same hereby is, certified to the Governor-General of the Philippine Islands as a part of this Resolution; and Resolved, finally, That the copy of the Constitution of the Philip- pines, with the Ordinance appended thereto, duly certified by the President and the Secretary of the Constitutional Convention and hereto attached be, and the same hereby is, certified as an official copy of the Constitution and Ordinance appended thereto that was sub- mitted to the people of the Philippine Islands, and ratified by them, at the said election. Adopted, June 12, 1935. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 31 BY THE GOVERNOR-GENERAL OF THE PHILIPPINE ISLANDS-A PROCLAMATION No. 816 Whereas it has been certified to me by Concurrent Resolution Numbered Twenty of the Philippine Legislature, adopted on June twelfth, nineteen hundred and thirty-five, and duly signed by the presiding officers and secretaries of the Senate and House of Repre- sentatives, that according to the returns of the election held on May fourteenth, nineteen hundred and thirty-five, pursuant to section four of Public Act Numbered One hundred twenty-seven of the Seventy-third Congress, entitled "An act to provide for the com- plete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philip- pine Islands, and for other purposes," otherwise known as the Tydings-McDuffie Act, and as provided in Act Numbered Four thousand two hundred of the Philippine Legislature, for the ratifica- tion or rejection of the Constitution for the Commonwealth of the Philippine Islands and ordinance appended thereto adopted by the Constitutional Convention on February eighth, nineteen hundred and thirty-five, and approved by the President of the United States on March twenty-third, nineteen hundred and thirty-five, the said Constitution with the ordinance appended thereto was ratified by a majority of all the votes cast at the said election, and a statement of the votes cast in said election, duly certified, and a copy of the said Constitution and ordinance, duly certified by the President and Secretary of the Constitutional Convention as an official copy thereof, have accompanied the said resolution of certification as provided by law; Now, therefore, I, Frank Murphy, Governor-General of the Philippine Islands, by virtue of the authority vested in me by sec- tion four of the Act of Congress Numbered One hundred twenty- seven, of March twenty-fourth, nineteen hundred and thirty-four, hereby call an election to be held on Tuesday, the seventeenth day of September, nineteen hundred and thirty-five, for the purpose of electing the following officers of the Government of the Common- wealth of the Philippine Islands provided for in the constitution thereof: A President, a vice-president, members of the National Assembly, of whom eighty-seven members shall be elected by the representative districts as now provided by law, three members by the Mountain Province, and one member by each of the other eight existing special provinces. For the purpose of enabling all voters to exercise the right of suffrage, Tuesday, the seventeenth day of September, nineteen hun- dred and thirty-five, is hereby declared a public holiday in the Philippine Islands. FRANK MURPHY In witness whereof, I have hereunto set my hand and caused the seal of the Government of the Philippine Islands to be affixed. Done at the City of Manila, this fourteenth day of June, in the year of our Lord, nineteen hundred and thirty-five. [SEAL] - Governor-General 32 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT TENTH PHILIPPINE LEGISLATURE Second Session S. No. 137 [No. 4203] AN ACT TO REGULATE THE HOLDING OF THE FIRST ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES AND MEMBERS OF THE NATIONAL ASSEMBLY, TO APPROPRIATE FUNDS THEREFOR, AND FOR OTHER PURPOSES. WHEREAS, in accordance with section four of Act Numbered One hundred twenty-seven of the Seventy-third Congress of the United States, commonly known as Tydings-McDuffie Law, the Governor- General has issued a proclamation to the People of the Philippine Islands calling an election to be held on Tuesday, September seven- teen, nineteen hundred and thirty-five, for the purpose of electing the President and Vice-President of the Philippines and the Members of the National Assembly, provided for in the Philippine Constitu- tion; WHEREAS the existing Election Law does not contain any provi- sions for the election of said officers; WHEREAS the national political parties which contended during the last general election and which subsequently consolidated into two parties, to wit, the Nacionalista Democrático Party and the Nacion- alista Demócrata Pro-Independencia Party, agreed on June sixteen, nineteen hundred and thirty-five, to present joint candidates for the offices of President and Vice-President of the Philippines, with only one platform, and although said parties continue as separate and independent organizations, it is the sense of the Philippine Legisla- ture that the holding of a free and orderly election will be best guaranteed and public confidence in the result thereof will be more firmly grounded, if any party or parties that may during the coming election contend against said coalition is given an opportunity to examine everything in connection with the holding of said election, without detriment to the principle of party government; Now, therefore, Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same: GENERAL PROVISIONS SECTION 1. Effective date and application of this Act.-This Act shall take effect on its approval and shall govern only with reference. to the first election for President and Vice-President of the Philip- pines and Members of the National Assembly. SEC. 2. Date of election and legal provisions applicable to same.- The first election for President and Vice-President of the Philippines and Members of the National Assembly shall be held on September seventeenth, nineteen hundred and thirty-five, in accordance with the provisions of the Philippine Constitution, of this Act, and of the existing Election Law relative to the holding of general elections, in so far as they may be applicable and not in conflict with the pro- visions hereof. All acts and omissions penalized by the Election DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 33 Law which shall be committed during the holding of this election or in connection therewith, shall be punished by the penalties prescribed by said Law. CANDIDACIES SEC. 3. Candidacies of public officers or candidacies for more than one office. Any person holding a public office or employment in the executive or judicial branch, shall automatically cease in his office at the time of filing his certificate of candidacy. No person shall pre- sent himself as a candidate for or be eligible to more than one office at the election provided for in this Act, and any person filing certifi- cates of candidacy for two or more different offices shall not be understood to be a candidate for any of such offices. SEC. 4. Certificates of candidacy.-Certificates of candidacy shall be signed and sworn to by the candidates themselves and shall be filed with the Department of the Interior at least forty days before the election. Said certificates shall not contain any nicknames or aliases of the candidates. SPECIAL PROVISIONS FOR CERTAIN LOCALITIES SEC. 5. Electoral organization in the special provinces.-On August first, nineteen hundred and thirty-five, the provincial boards of the special provinces, under the supervision of the Secretary of the Interior, shall, whenever necessary, perform the duties of the municipal councils as regards the formation of election precincts, designation of polling places and appointments of election inspectors and poll clerks and substitutes therefor in their respective municipal districts, giving in the latter case due consideration to the recom- mendations of the accredited representatives of the national political parties. In the municipalities of said provinces, action on such matters shall be taken by the municipal councils concerned, the same as in the case of regular municipalities. SEC. 6. Municipal districts of certain provinces.-The voters of Allacapan and Langganan, in the Province of Cagayan, shall vote in the second legislative district of said province; those of Alilem, Angaki, Cervantes, Concepción, San Emilio, Sigay, Sugpon, Suyo and Tagudin, in the Province of Ilocos Sur, shall vote in the second legislative district of said province; the voters of Sudipen, Santol and San Gabriel, in the Province of La Union, shall vote in the first legislative district of said province, and the voters of Bagulin, Burgos and Pugo, also in the Province of La Union, shall vote in the second legislative district thereof. SEC. 7. Legislative districts of the Mountain Province.-For the purposes of the election of Members of the National Assembly, the Mountain Province shall be divided into three districts, as follows: First District, composed of the municipal districts of Bayag, Con- ner, Kabugao, Luna, Namaltugan and Tauit, Subprovince of Apayao, of the municipal districts of Balbalan. Lubuagan, Pinuk- puk, Tabuk and Tanudan, Subprovince of Kalinga, and of the mu- nicipal districts of Bontoc (the capital of the province), Barilig, Sabangan, Sadangan, Sagada, Natunin and Tinglayan, Sub- province of Bontoc; Second District, composed of the City of Baguio 34 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT and the municipal districts of Ampasungan, Atok, Bokod, Bakun, Buguias, Itogon, Kabayan, Kapangan, Kibungan, La Trinidad, Mankayan, Sablan, Tuba and Tublay, Subprovince of Benguet; 1 hird District, composed of the municipal districts of Banaue, Burney, Hungduan, Kiangan, and Mayoyao, Subprovince of Ifugao, and of the municipal districts of Banaao, Bauco, Besao and Kayan, Subprovince of Lepanto. SEC. 8. Election of Members of the National Assembly for Cotabato, Lanao and Sulu.-The Members of the National Assembly for the Provinces of Cotabato, Lanao and Sulu shall in each case be elected by the presidents, vice-presidents and present municipal councilors of the municipalities and districts making up the province, by the persons who occupied similar positions in said municipalities. and municipal districts in the past, and by the present senators, representatives, delegates to the Constitutional Convention, pro- vincial governors and members of provincial boards, and by any persons who occupied any of said offices in the past and reside in the province concerned. For said purpose, a board of election inspec- tors of each of the municipalities and municipal districts of said provinces, and in case there is more than one board of election inspectors in any municipality or municipal district, the one desig- nated by the provincial board concerned, shall make a special list of said officers and ex-officers, including in said list those of them who may apply therefor on the days set aside by this Act for the registration of voters. On the day of the election, the officers and ex-officers registered as above mentioned shall be entitled to vote, filling out the proper official ballot and depositing the same in a separate ballot box furnished to the board of inspectors by the provincial board, and upon the termination of the balloting, the board of election inspectors shall count the votes so deposited and shall prepare a separate return of the result, in accordance with section four hundred and sixty-five of the Election Law. ELECTION REGULATIONS OF GENERAL APPLICATION SEC. 9. Election precincts and polling places.-The election pre- cincts shall remain the same as now established and the polling places shall be the same, unless the municipal council or board concerned shall, for good reason, designate a different place on or before August first, nineteen hundred and thirty-five. SEC. 10. Appointment of election inspectors and poll clerks.-On August first, nineteen hundred and thirty-five, the municipal council shall appoint three election inspectors and one poll clerk, with their respective substitutes, for such election precinct. Two of said election inspectors and the poll clerk, and their re- spective substitutes, shall belong to the political party, branch or fraction thereof, or political group, which polled the largest number of votes in said municipality at the general election of nineteen hun- dred and thirty-four, and the other inspector and his substitute shall belong to the political party, branch or fraction thereof, or political group, which polled the next largest number of votes at said election. No inspector or representation of any kind on the board of inspec- tors shall be granted to any branch, fraction or political group which has since the general election of nineteen hundred and thirty-four DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 35 separated, or which may hereafter separate, from said parties, branches, fractions or political groups, or from the party created by their consolidation. The election inspectors and poll clerks and their respective substi- tutes shall be persons nominated by the accredited representatives of said parties, branches, fractions or political groups. If any party or political group presenting candidates for President and Vice-President of the Philippines shall be formed before August first, nineteen hundred and thirty-five, such party or group shall, upon nomination by the same, be given representation at each of the polling places of the municipalities or places where such party or group has an accredited representative, by means of the appoint- ment on said date of a fourth inspector, with his substitute, having the qualifications required by section four hundred and nineteen of the Election Law, and if, besides, other parties or political groups are formed which present candidates for said offices and which have accredited representatives in the locality, the Supreme Court shall, at the request of an interested party, grant such additional inspector to the party or political group showing that it has the most extensive organization in said locality. This paragraph shall not be construed to mean that the new party or political group or the candidates thereof may have more than one inspector on the board. In case a fourth inspector is appointed as provided in the next preceding paragraph, the poll clerk shall be entitled to vote on the board of inspectors in case of a tie. An election inspector or poll clerk may be replaced at any time at the request of the party or group on whose nomination he was ap- pointed, and in case there shall be no time for holding a meeting of the municipal council for said purpose, or if the latter shall fail to act or to come to an agreement, the duties of inspector or poll clerk, as the case may be, shall be performed by the substitute or by the person nominated by the party or group concerned. Any protest made by an inspector against any act of the board of inspectors or of any member thereof, shall be made to appear over his signature in the return, and no protest not so made and appear- ing shall be entertained or considered as made. SEC. 11. Revision of list of voters and registration of new voters.- The boards of election inspectors shall meet on August ninth and tenth, nineteen hundred and thirty-five, to revise the list of voters and register new voters therein. On said days, said boards of inspec- tors shall strike from the present lists of voters the names of per- sons not having the qualifications prescribed by Title Five of the Constitution, of those disqualified from voting under the provisions of section four hundred and thirty-two of the Election Law, and of those serving sentences of imprisonment. This section shall, how- ever, not to be construed as barring the re-registration of voters rejected as illiterates if they can show, on one of the days set aside by law for the registration of voters, that they can write and read and are not otherwise incapacitated by law. SEC. 12. Voters who may register and vote by mail.-Voters con- fined at a leper station or colony and not otherwise incapacitated may register and vote by mail, sending their respective applications or ballots by registered mail to the board of inspectors of the pre- cinct in which they resided prior to their confinement, and it shall 36 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT be the duty of the board of inspectors of said precinct to register them and consider their ballots, provided the applicants have the qualifications required of voters and the application or ballot reaches said board of inspectors in time. The Secretary of the Interior shall make such additional regulations as may be necessary to facilitate the registration of said electors and to insure a secret, free and honest ballot. SEC. 13. Proceedings for inclusion and exclusion of voters and cor- rection of list of voters.-All judicial proceedings for inclusion in or exclusion from the list of voters shall be free of charge and shall be filed at the latest on August twenty-fourth, nineteen hundred and thirty-five, and a final decision thereon shall be rendered on or before September sixth, nineteen hundred and thirty-five. The boards of election inspectors shall hold their last meeting on September sev- enth, nineteen hundred and thirty-five, for the purposes specified in section four hundred and thirty-nine of the Election Law. SEC. 14. Compensation of election inspectors and poll clerks.— Election inspectors and poll clerks shall receive compensation at the rate of four pesos for each day of service rendered. SEC. 15. Ballots.-The ballots shall be uniform throughout the Philippine Islands, except in the Provinces of Cotabato, Lanao and Sulu. No ballot shall have any printing on the back and the stubs thereof shall be numbered consecutively in each municipality or mu- nicipal district. 1 SEC. 16. Preparation of ballot and spoiled ballots.-Every voter shall prepare his ballot himself and no one shall be permitted to assist him therein, any provision of existing law to the contrary notwithstanding, except as far as the election of Members of the National Assembly in the Provinces of Cotabato, Lanao and Sulu is concerned. Ballots prepared in violation of this provision shall be void and shall not be counted. Nor shall any vote be counted on which the candidate is designated by his nickname or alias, although mention thereof is made on his certificate of candidacy. SEC. 17. Counting of votes and canvass of returns.-The result of the balloting for Members of the National Assembly shall be deter- mined by the board of canvassers of the province concerned as now provided by law for elective members of the House of Representa- tives. Said board shall forthwith certify the result of the election for Members of the National Assembly in its province to the Gov- ernor-General. The election returns of the President and Vice-President, duly certified and sealed by the board of canvassers of each province, including special provinces and the City of Manila, shall be prepared in triplicate and shall forthwith be sent, one copy to the Secretary of the Senate, one to the Secretary of the House of Representatives, and one to the Secretary of the Interior. Thirty days after the election has been held, or on a date to be designated by the Governor-General, the Legislature shall meet in joint session and shall publicly count the votes cast at the election of President and Vice-President of the Philippines, determine the result thereof, and certify the same to the Governor-General. SEC. 18. Transmission of documents relating to election.-The Bu- reau of Posts shall receive and transmit without delay and free of charge all election returns and other official documents, reports, tele- grams or radiograms relating to the election in this Act provided for. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 37 FINAL PROVISIONS SEC. 19. Assumption of office by officers elect.-The President and Vice-President of the Philippines and Members of the National As- sembly elected in accordance with this Act shall assume office and the National Assembly shall hold its first session immediately after said officers shall have been proclaimed as elected by the President of the United States. SEC. 20. Appropriation.-The sum of eight hundred thousand pesos, or so much thereof as may be necessary, is hereby appropri- ated, out of any funds in the Insular Treasury not otherwise appro- priated, for the expenses of the election ordered in this Act. SEC. 21. Repealing clause.-All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved, July 23, 1935. SEC. SEC. SUMMARY GENERAL PROVISIONS SEC. 1. Effective date and application of this Act. SEC. 2. Date of election and legal provisions applicable to same. CANDIDACIES 3. Candidacies of public officers or candidacies for more than one office. 4. Certificates of candidacy. SPECIAL PROVISIONS FOR CERTAIN LOCALITIES SEC. 5. Electoral organization in the special provinces. SEC. 6. Municipal districts of certain provinces. SEC. 7. Legislative districts of the Mountain Province. SEC. 8. Election of Members of the National Assembly for Cotabato, Lanao and Sulu. ELECTION REGULATIONS OF GENERAL APPLICATION SEC. 9. Election precincts and polling places. SEC. 10. Appointment of election inspectors and poll clerks. SEC. 11. Revision of list of voters and registration of new voters. SEC. 12. Voters who may register and vote by mail. SEC. 13. Proceedings for inclusion and exclusion of voters and correction of list of voters. SEC. 14. Compensation of election inspectors and poll clerks. SEC. 15. Ballots. SEC. 16. Preparation of ballot and spoiled ballots. SEC. 17. Counting of votes and canvass of returns. SEC. 18. Transmission of documents relating to election. FINAL PROVISIONS SEC. 19. Assumption of office by officers elect. SEC. 20. Appropriation. SEC. 21. Repealing clause. 38 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT TENTH PHILIPPINE LEGISLATURE, SECOND SESSION, BEGUN AND HELD and AT THE CITY OF MANILA ON MONDAY, THE TWENTY-FOUrth Day OF JUNE, NINETEEN HUNDRED AND THIRTY-FIVE [Resolution of both Houses in joint session] RESOLUTION OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, IN JOINT SESSION ASSEMBLED, CERTIFYING TO THE GOV- ERNOR-GENERAL THE RESULT OF THE ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES. : WHEREAS, in pursuance of section four of Public Act Numbered One hundred twenty-seven of the Seventy-third Congress of the United States, commonly known as the Tydings-McDuffie Act, and section seventeen of Act Numbered Forty-two hundred and three of the Philippine Legislature entitled "An Act to regulate the holding of the first election for President and Vice-President of the Philip- pines and Members of the National Assembly, to appropriate funds therefor, and for other purposes," the Philippine Legislature met in joint session, publicly counted the votes cast at the election held on September seventeen, nineteen hundred and thirty-five, for the office of President and Vice-President of the Philippines, determined the result thereof, and has found that for the office of President, Hon. Manuel L. Quezon received six hundred ninety-five thousand, two hundred ninety-seven (695,297) votes; Gen. Emilio Aguinaldo re- ceived one hundred seventy-nine thousand, four hundred one (179,401) votes; Mons. Gregorio Aglipay received one hundred forty-eight thousand, six (148,006) votes and Mr. Pascual Racuyal received one hundred fifty-eight (158) votes; and for the Office of Vice-President Hon. Sergio Osmeña received eight hundred ten thousand, six hundred sixty-six (810,666) votes; Hon. Raymundo Melliza received seventy thousand, eight hundred ninety-one (70,891) votes; and Mr. Norberto Nabong received fifty-one thou- sand, four hundred forty-four (51,444) votes; and WHEREAS, the number of votes received for the Office of President by Hon. Manuel L. Quezon and for the Office of Vice-President by Hon. Sergio Osmeña constitutes not only a plurality, but a ma- jority of the votes legally cast for the said offices: Now, therefore, Be it resolved by the Senate and House of Representatives of the Philippines, in joint session assembled in the Hall of the House of Representatives: To certify, as they hereby certify, to the Governor-General of the Philippine Islands that Honorable Manuel L. Quezon and Hon- orable Sergio Osmeña have been elected President and Vice-Presi- dent of the Philippines, respectively, by a majority of all the votes cast at the election held on September seventeenth, nineteen hundred and thirty-five; and That the statement of the votes cast in said clection by provinces duly certified by the presiding officers and hereto attached be, and the same hereby is, certified to the Governor-General of the Philip- pines as a part of this resolution; and That the certificates of canvass made by the provincial boards of canvassers of returns of votes for President and Vice-President DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 39 of the Philippines, duly certified by the Provincial Board of Can- vassers of the respective provinces and hereto attached be, and the same hereby is, certified to the Governor-General of the Philippines as a part of this resolution. Adopted, October 12, 1935. JOSÉ AVELINO President Pro Tempore of the Senate QUINTIN PAREDES Speaker of the House of Representatives We hereby certify that the foregoing Resolution was adopted by both Houses of the Philippine Legislature in joint session held on October 12, 1935. FERMÍN S. TORRALBA Secretary of the Senate EULOGIO BENÍTEZ Secretary of the House of Representatives (Official Seal: Philippine Senate and House of Representatives.) CERTIFICATION OF ELECTION OF OFFICERS OF THE COMMONWEALTH OF THE PHILIPPINE ISLANDS BY THE GOVERNOR-GENERAL To the Honorable, The PRESIDENT OF THE UNITED STATES, Greetings: Pursuant to the provisions of Section 4 of Public Act numbered 127 of the Congress of the United States, appeared on the twenty fourth day of March, 1934, I, Frank Murphy, Governor General of the Philippine Islands, hereby certify that the election of the officers of the Commonwealth of the Philippine Islands provided for in its Constitution was duly held throughout the Phillippine Islands on the seventeenth day of September, 1935, and that according to the results of said election as determined in accordance with the laws therefor made and provided, the following were elected: PRESIDENT: Manuel L. Quezon of Baler, Tayabas. VICE PRESIDENT: Sergio Osmena of Cebu, Cebu. MEMBERS OF THE NATIONAL ASSEMBLY: ABRA, Quintin Paredes. AGUSAN, Apolonio D. Curato. ALBAY, 1st District, Jose Bonto. 2nd District, Justino Nuyda. 3rd District, Pedro Sabido. 4th District, Pedro Vera. ANTIQUE, Calixto O. Zaldivar. BATAAN, Teodoro Camacho. BATANES, Vicente Agan. BATANGAS, 1st District, Natalio Lopez. 2nd District, Eusebio Orense. 3rd District, Maximo Kalaw. BOHOL, 1st District, Juan Torralba. 2nd District, Olegario B. Clarin. 3rd District, Margarito E. Revilles. BUKIDNON, Manuel Fortich. 40 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT .. BULACAN, 1st District, Nicolas Buendia. 2nd District, Antonio Villarama. CAGAYAN, 1st District, Marcelo Adduru. 2nd District, Regino Veridiano. CAMARINES NORTE, Cayetano Lukban. CAMARINES SUR, 1st District, Francisco Celebrado. 2nd District, Luis N. de Leon. CAPIZ, 1st District, Manuel Roxas. 2nd District, Jose A. Dorado. 3rd District, Rafael Tumbokon. CAVITE, Justiniano S. Montano. CEBU, 1st District, Celestino Rodriguez. 2nd District, Hilario Abellana. 3rd District, Agustin Y. Kintanar. 4th District, Vicente Rama. 5th District, Miguel Cuenco. 6th District, Nicolas Rafols. 7th District, Buenaventura Rodriguez. COTABATO, Datu Sinsuat. DAVAO, Romualdo Quimpo. ILOCOS NORTE, 1st district, Vicente T. Lazo. 2nd district, Julio Nalundasan (Deceased). ILOCOS SUR, 1st district, Benito Soliven. 2nd district, Sixto Brillantes. ILOILO, 1st district, Jose C. Zulueta. 2nd district, Ruperto Montinola. 3rd district, Tomas Confesor. 4th district, Tomas Buenaflor. 5th district, Victorino Salcedo. ISABELA, Mauro Versosa. LAGUNA, 1st district, Tomas Dizon. 2nd district, Arsenio Bonifacio. LANAO, Tomas Cabili. LA UNION, 1st district, Camilo Osias. 2nd district, Agaton R. Yaranon. LEYTE, 1st district, Jose Ma. Veloso 2nd district, Dominador M. Tan. 3rd district, Tomas Oppus. 4th district, Francisco Enage. 5th district, Ruperto Kapunan. MANILA, 1st district, Gregorio Perfecto. 2nd district, Pedro Gil. MARINDUQUE, Cecilio A. Maneja. MASBATE, Pio V. Corpus. MINDORO, Juan L. Luña. MISAMIS OCCIDENTAL, Jose Ozamis. MISAMIS ORIENTAL, Leon Borromeo. MOUNTAIN PROVINCE, 1st district, Saturnino Moldero. 2nd district, Felipe Jose. 3rd district, George K. Tait. NEGROS OCCIDENTAL, 1st district, Enrique Magalona. 2nd district, Pedro C. Hernaez. 3rd district, Gil M. Montilla. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 41 NEGROS ORIENTAL, 1st district, Guillermo Z. Villanueva. 2nd district, Jose E. Romero. NUEVA ECIJA, 1st district, Manuel Alzate. 2nd district, Felipe Buencamino, Jr. NUEVA VIZCAYA, Bernardo Buenafe. PALAWAN, Claudio Sandoval. PAMPANGA, 1st district, Eligio G. Lagman. 2nd district, Jose P. Fausto. PANGASINAN, 1st district, Anacleto B. Ramos. 2nd district, Eugenio Perez. 3rd district, Daniel Maramba. 4th district, N. T. Rupisan. 5th district, Narciso Ramos. RIZAL, 1st district, Pedro Magsalin. 2nd district. Emilio de la Paz. ROMBLON, Gabriel F. Fabella. SAMAR, 1st district, Antolin D. Tan. 2nd district, Serafin Marabut. 3rd district, Juan Bocar. SORSOGON, 1st district, Norberto A. Roque. 2nd district, Tomas S. Clemente. SULU, Datu Ombra Amilbangsa. SURIGAO, Ricardo Navarro Clementino V. Diez Itie. TARLAC, 1st district, Jose G. Cojuangco. 2nd district, Benigno Aquino. TAYABAS, 1st district, Jose A. Angara. 2nd district, Francisco Lavides. ZAMBALES, Potenciano Lesaca. ZAMBOANGA, Juan S. Alano. Done at the City of Manila, Philippine Islands, this fourteenth day of October, in the Year of Our Lord, one thousand nine hundred and thirty-five. FRANK MURPHY, Governor General of the Philippine Islands. BY THE GOVERNOR GENERAL OF THE PHILIPPINE ISLANDS-A PROCLAMATION No. 860.-Calling a special session of the Philippine Legislature on November 12, 1935, for the purpose of holding a joint session on that day in honor of the Vice-President of the United States, the Speaker of the House of Representatives, and other distinguished members of the United States Congress; and for other purposes. Whereas the Vice-President of the United States, the Speaker of the House of Representatives, and other distinguished members of the United States Congress have accepted an invitation, tendered on behalf of the Philippine Legislature, to be present at the inaugura- tion of the Commonwealth of the Philippines, and I have been re- quested by several members of the Legislature to call a special session in honor of these distinguished visitors and for other purposes; H. Doc. 400, 74—2—————4 42 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT Now, therefore, I, Frank Murphy, Governor-General of the Philip- pine Islands, by virtue of the authority vested in me by section eight- een of the Act of Congress of August twenty-ninth, nineteen hundred and sixteen, do hereby call a special session of the Philippine Legis- lature to be convened in the City of Manila, Philippine Islands, on Tuesday, November twelfth, nineteen hundred and thirty-five, at ten o'clock in the forenoon, for the purpose of holding a joint ses- sion on that day in honor of the Vice-President of the United States, the Speaker of the House of Representatives, and other distinguished members of the United States Congress; for reconsideration of Senate bill Numbered One hundred eighty-six, entitled "An Act to amend section six of the Act entitled 'An Act to raise revenue for the Philippine Islands, and for other purposes', approved by the Con- gress of the United States on August fifth, nineteen hundred and nine, as amended by Act Numbered Four thousand and thirty-four of the Philippine Legislature"; and to receive a message from the Gov- ernor-General of the Philippine Islands on November fourteenth. In witness whereof, I have hereunto set my hand and caused the seal of the Government of the Philippine Islands to be affixed. Done at the City of Manila, this seventh day of November, in the year of our Lord, nineteen hundred and thirty-five. [SEAL] FRANK MURPHY, Governor-General. VICE PRESIDENT GARNER'S SPEECH AT THE JOINT SESSION OF THE PHILIPPINE LEGISLATURE, NOVEMBER 12, 1935 Mr. President, through the accident of war some thirty-five years ago your beautiful Islands came under the sovereignty of the United States. Within five years of this acquisition my people made me a Member of the United States House of Representatives. During my first term in that body was formed the impression that our American sovereignty was of a temporary character. The discussions in those early days of whether they should be retained permanently or ulti- mately be given their independence caused keen interest in the ex- pressions of opinion of our greater statesmen, and at a very early period there came from all the promise of ultimate independence. - This was followed by expressions of opinion of our great men in the Presidential chair and in our Congress that independence should be granted. Today it is a pleasure to be with you because of your great hap- piness on this historic occasion, although, perhaps, the early years may prove a period of trial and tribulation, such as we had in our country. The thought foremost in my mind is that Americans have fulfilled their promise the word of the American Nation is good, no matter how great the sacrifice to make it good. It is a sacrifice to part with a wonderful country such as yours, populated by a kindly, industrious, and intelligent people. I have a feeling of pride that for the first time in the world's history, at a great loss to itself, the American Nation has redeemed its promise. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 43 In company with our distinguished Speaker Byrns, of the House of Representatives, one of the great coordinate branches of our Gov- ernment, with 27 Congressman and 17 United States Senators, and our wives, we have traveled approximately 10,000 miles and must travel 10,000 miles in return to celebrate two things. Putting them in the order in which my mind dwells upon them, there is the redemption of a national promise that all right-thinking Americans will approve and that all self-governing nations of the earth will applaud. As years went on in my congressional career fate finally placed me as Speaker of the great House of Representatives, and it was during my term of office that the first bill containing an offer of independence was passed. And then, strange as events will sometimes order, as Vice President of the United States the pleasure came to me of witnessing for the second time as a Presiding Officer the final accepted offer of inde- pendence. On both occasions the offer of independence was accompanied by conditions and obligations which should first be accepted by your people. Amongst these was the perpetual preservation of human and prop- erty rights, which rights it had taken our ancestry many hundreds of years to secure. These rights were fought for upon battlefields and in debates and finally found themselves in written form in our American Constitution in what lawyers and even our school boys today know as our Bill of Rights. Your new constitution was presented to President Roosevelt, ex- amined by himself and his advisers, and we find that it contains these essentials of self-government: 1. No person shall be deprived of life, liberty, or property without due process of law. 2. Security against unreasonable search and seizure. 3. Religious liberty and its free exercise. 4. Freedom of speech, of the press, and the right of assembly and petition. 5. No involuntary servitude of any kind. 6. The privilege of the use of the writ of habeas corpus. 7. Due process of law in criminal offenses, the accused to be con- fronted with witnesses, and many other safeguards and protections for liberty, property, and orderly government. It has been generally agreed by thinking men the world over that if liberty is to be preserved and the rights of property respected, these provisions are essential. For some thirty-four years our public administrators in the Islands, our soldiers who were here when the war was over, and our school teachers who came later and for long over a decade taught the bless- ings to be secured by liberty, education, and religious freedom, are now all covered in your Constitution. My friend, former Senator Hawes, a student of your country who has devoted years of his life toward promoting your aspirations for self-government, informs me that your people have paid all of its bills for education, bills for sanitation, the bills for public health, the bills for roads, and even the salaries of American administrators and their advisers, and that you enter upon your great experiment 44 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT of freedom with probably the smallest per capita national debt of any nation. He advises me that in the thirty-five years of American sovereignty, with the exception of $3,000,000 provided for recuperation after the war, the entire cost of all civil administration has been provided by the revenues secured from the taxation of your own people. Few nations have a record similar to this. The most of the world. is not happy-it is in a state of much confusion and distress. It speaks well for the character of your people and the temporary sovereignty of my people that an unequaled record of financial stability like this should exist. Our trade relations have grown to such proportions that you have until recently ranked as our eighth best customer, and, through the laws passed by our Congress, we have not only been your best cus- tomer, but practically your sole customer. Trade relations of a beneficial character rest exclusively upon two things: the ability to sell, giving the ability to buy. Our great President, Franklin D. Roosevelt, in sending the last independence bill to Congress, accompanied it with a recommenda- tion that where there were inequalities in our trade relations, they should be adjusted by a Commission representing both peoples who could arrive at an equitable decision which would prove advanta- geous to our 120,000,000 people and to your 14,000,000 people. And this I hope, after thoughtful consideration and investigation, will be worked out to the mutual advantage of both nations. May the new nation preserve the world's fine traditions of liberty and equality, a nation of Christian people, who by its careful and thoughtful consideration of all its people will prove an inspiration to the nations of the earth. Prosperity will not come to you with- out some trial and some sacrifice. Much will depend on the character of the men who administer your affairs. You have sent to our country brilliant and able men as Commis- sioners to our House of Representatives. You have sent special com- missions of studious, patriotic men whose eloquence and logic have impressed the American Congress. Among these, as one of your Commissioners many years ago, I met the Honorable Manuel Quezon. He possessed individuality, activity, intellect, and courtesy rarely combined in one man. We became per- sonal friends. I found him fair and vigorous, always patriotic, and it is a pleasure for me to know that in your recent election he was chosen as the first president of your new Commonwealth by decisive majorities. It is a great responsibility. It will call for a high character of statesmanship. His term of office is limited to six years. He cannot succeed himself. It would seem to me therefore to be the part of wisdom and patriotic thought for Filipinos to throw aside partisan and personal feeling and all unite in a coordinated support during these first trying years. Let all thoughtful men and women put aside ideas. of change and surround him with loyal support from every quarter so that in the administration of his office he may pick the ablest advisers. C My thought goes back to the years in my country when Washing- ton was its leader. At the birth of our Nation when there were not. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 45 • two parties all factions supported the one party and the one ad- ministration, our first Washington administration. Why cannot this happen under my friend, your President-elect, Manuel Quezon? There should be no quarrelling and discord or lack of harmony. You have in your Constitution set a limitation upon his term, and during that time, in the fateful years of your first President, it seems to me that he should be given united support. After this first administration there may be divisions. There is always honest disagreement in a republic such as you are forming, but let the first administration be united. Our Presidents have sent to you as Governors General men of ability, of sympathetic interest in promoting your welfare. The last of these is among the best, Governor Frank Murphy, who has won your confidence and esteem, has cooperated with your great leaders, Quezon and Osmeña, and received the applause of your people. A consistent continued American policy of preparation and con- trol, followed by what to me is of great historic significance, a redeemed national promise, with the well wishes of the nations of the earth, I came to this unusual historical spectacle with confidence in your future. I shall watch your destiny with optimism and friendly interest. You have the very best wishes of the people of the United States, and I am sure that prosperity will come, and with prosperity, hap- piness and national progress. I thank you in behalf of each member of the Congressional dele- gation for the invitation which brought us here and brought with us our wives, and I assure you that we are carrying back kindly feel- ings of confidence and interest. Few people have had the privilege of witnessing the peaceful birth of a new nation that comes quietly into the world's sisterhood of states. with an orderly written government, with a well chosen leader, with all promise for happiness. We are impressed; we return home inspired, with another great forward step in world progress. SPEAKER BYRNS' SPEECH AT THE JOINT SESSION OF THE PHILIPPINE Legislature, NOVEMBER 12, 1935. Mr. President, Mr. Speaker, and members of the Philippine As- sembly, it is indeed a high honor to appear before you on this occa- sion in anticipation of the historic processes soon to be inaugurated as a preliminary to the birth of a new and independent nation. As a member of the party of United States Senators and Congressmen, who, with their wives and important members of the United States press, have come on your generous invitation from our homeland to extend our congratulations and cordial good will on this memorable occasion, I wish to join in the felicitations and good wishes so elo- quently expressed by our able, distinguished, and much-beloved Vice President, the second ranking officer of our Government, and who speaks as the leader of our delegation. I join in his expression of pride that this historic event has been made possible by the generous action of our great Republic in voluntarily surrendering its right of 46 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT sovereignty and the interests which go with it in order that the people of the Philippine Islands may enjoy that sense of national freedom and independence which we have enjoyed for nearly 150 years. So far as I know, it is the first time that a great people have achieved independence without the necessity of securing it at the point of the sword; and may I say, Mr. President, and to you, Mr. Speaker, that while my country has surrendered its sovereignity it never has and never will surrender its friendship and sympathetic interest in the Filipino people. No real republican form of govern- ment has ever existed as such for any great length of time which did not recognize the principles of democracy and the common good of the people as a whole. It is the practice of those fundamental ideals which has made our own country great and powerful and its people. happy and contented during the past years. J May I say that it is for you gentlemen and other leaders in your nation to preserve and make lasting these principles so well ex- pressed in the highly progressive Constitution which you have ap- proved. We feel certain that this will be done by the incoming ad- ministration, headed as it will be by your very able and devoted leader and President, Hon. Manuel Quezon. We look with confidence, therefore, to your development and "strike hands with you across the sea" in best wishes for your future endeavors along these lines. In the House of Representatives we find that the following Con- gressmen and Senators in our party served in the same period that your President, Manuel Quezon, represented your country as the Philippine Commissioner in the House of Representatives: John N. Garner, Joseph T. Robinson, Matthew M. Neely, James F. Byrnes, Robert L. Doughton, Bertrand H. Snell, and Allen T. Treadway, all of whom have risen to places of influence and distinction in the Congress. We found him to be a very able man, resourceful, considerate, and dependable. His contacts with these Members of Congress, a few of whom I have mentioned, I know have given him not only a theo- retical but a very practical knowledge of the workings of the Ameri- can system of government. We have all come in contact with the many able Commissioners you have sent to Washington during past years and whose names I shall not have time to mention, and also with the able men who have come to Washington from time to time as members of various high commissions. All of this has served to increase our confidence in your future, for all were able and faithful representatives of your interests. Undoubtedly honest differences of political opinion will arise, but these will be solved, I am sure, in a spirit of amity and good will. In considering your new Constitution I find first and foremost those declarations in the bill of rights to which the Vice President has referred. Through his pleasant contact with the Congress, your new Presi- dent-elect has acquired a practical viewpoint of other administration details for the interpretation in a fair and equitable way of the provisions of your constitution. I bespeak for him your united support, and that you will give him generously of your advice and assistance that the way may be smoothed for the attainment of the high ideals he possesses. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 47 He has had associated with him for the last few years as Gov- ernor General of the Philippine Islands, Gov. Frank Murphy, an able and conscientious executive whose experiences as mayor of one of our great cities, Detroit, has familiarized him with finance and orderly government. In his official contacts here we are pleased but not surprised to know that he has displayed tact and good judgment. For the next ten years, at least, the American flag will fly over your Commonwealth, and you will have with you an official represent- ing the United States, who will have the title of High Commissioner. This official, I am happy to believe, will be your present able Gov- ernor-General and he will be representative of the President of the United States when it is necessary for him to act. His sympathetic cooperation during our continued sovereignty, subject to changes by Congress, will be the expression of the Ameri- can people. For ten years, unless there is a change, the Stars and Stripes, for which I know you have the greatest respect, will fly over the Com- monwealth. The Philippine flag, red, white, and blue, with its three stars and its blazing sun typifying the tropics, will be carried on all standards. These sister flags will do much as they have in the past to strengthen the fine type of friendship which exists today. When the time comes for the Republic to replace the Common- wealth, we believe that the conduct of its affairs during this period will so impress the nations of the world that the new Republic will begin its career with not only the old friendship of my country, but that all the enlightened nations of the earth will unite in its pro- tection and in the preservation of its sovereignty. The great American Nation will watch your development with keen interest and, wherever we may, will extend a helping hand. You raise products which are not raised in the United States. We sell you manufactured articles which are not made in your country. We believe that the President's Commission will work out an equitable plan beneficial to both our nations, and that the result of its recommendations will strengthen the ties that will become stronger with the years. The administration of President Quezon and Vice President Osmeña is entitled to unified support. Your example of unity, pa- triotism, and self-sacrifice will have a most beneficial and heartening effect on the people of my country, and make it more simple and easy to reconcile any inequalities that now exist or may occur. A strong government administering your affairs under your pro- gressive Constitution, which has been approved by our great Presi- dent, Franklin D. Roosevelt, will make for harmony, unity, and cooperation. It was kind of the Philippine people to include in their invitation to Senators and Congressmen an invitation for their wives. They have enjoyed the visit. You have aroused their sympathy' and interest as you have our own. I have learned that the Filipino women are leaders in the matter of education. They are the household bankers. They have fol- lowed the teachings of our school teachers and our economists. They have many of the favorite American dishes in their kitchens. So, on behalf of the ladies of the Senate and of the House of Representa- 48 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT tives, I thank you for the courtesy of the invitation, but I have the suspicion that back of it was the thought that our wives and daugh- ters who have come with us will in the future help to tighten the bonds of friendship and good will between our nations. I cannot close these remarks without referring briefly to my friend and your friend, Hon. Harry B. Hawes. As United States Senator, and since then, he has been an earnest, devoted, and able friend of the Philippine people. He merits your friendship and gratitude for his faithful and unselfish work in your behalf. Let me again thank you for the high privilege that has been extended to us and to our wives to visit you and study first hand your conditions and your aspirations. Let me assure you that we are taking home with us the kindliest thoughts of a pleasant and instructive visit. To have even a small part in the establishment of an independent republic in the great Orient, to know that the fine traditions of America will be preserved, is satisfaction enough for all right- thinking Americans. MESSAGE OF HIS EXCELLENCY, GOVERNOR-GENERAL FRANK MURPHY TO THE PHILIPPINE LEGISLATURE IN ITS FINAL SESSION, NOVEMBER 14, 1935 MANILA. Gentlemen of the Legislature: Today we are completing another chapter in American-Filipino relations. Upon issuance by the President tomorrow of a proclama- tion announcing the results of the recent national election, in accord- ance with section 4 of the Tydings-McDuffie Act, the office of the Governor General of the Philippine Islands will come to an end. This legislative body likewise will pass into history. The charter of our authority known as the Jones Act, granted by the United States Congress in 1916, under whose liberal and beneficient provisions the Philippine people have governed and been governed for nearly two decades-this great charter of liberal government will terminate. In its place a new charter of government, a constitution framed by the representatives of the Philippine people themselves in pursuance of authority granted by the United States Congress, and a new form. of government constituted thereunder, will come into operation. At such a time it seems fitting for us to pause a few moments before final adjournment, to consider the situation of our government and review briefly the significant events and forces that have shaped our course until the present hour. - Under the auspices of the Spanish Empire of the sixteenth cen- tury, the foremost nation of Europe, rich, cultured, and powerful, western civilization was brought to the Philippines in the year 1564. During three centuries and a half that followed, the people of these Islands received the impress of a great Spanish culture and became indoctrinated with the Christian religion. Through devout Spanish churchmen and administrators, the Filipino people became familiar with the institutions and customs and moral conceptions of the western world. When American civil administrators came to the islands in 1900 to assume the task that had been commenced by the Army forces, DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 49 they found not only the beginnings of an American school system, with soldiers in the role of teachers. They found a people that was prepared to benefit by the privileges and advantages that were to be offered to them under the American system of government. They found a quality akin to their own. For here was a people that already had revolted against oppressive rule and attempted to set up an independent republic. The events that preceded the truce of Biac-na-bato help to explain the remarkable early success of the American experiment with democracy in these islands beyond the distant seas. While to many persons the odds seemed to be heavily against success of the venture, it was almost inevitable that a people nurtured as the American people were in the political philosophy that had produced the Declaration of Independence, with its emphasis on freedom and equality, and had evolved the American Constitution based on the presumed right and capacity of the common people to govern themselves-it was inevitable that such a people should seek to implant these doctrines and principles of government in the new territory that had been committed to their control. For democracy as conceived and expressed in these great documents, and as the American people had received it from their fathers, was something more than a method of government. It was a passionate political faith. It was a faith in the natural capacities and inherent possibilities of the common man, in his essential worth and dignity. În the scheme of democracy, as in the code of Christianity, all men were on a common level of dignity and importance. In this sense as stated by a great political philosopher of my own state, Christianity and democracy were twin-born. They provide for the common men, without distinction of race or clime, a way of salva- tion from forces of oppression and greed and selfishness. Having found democracy good for herself. America believed it was good for the people of the Philippines. With a faith and pas- sion like that which enabled their Spanish predecessors to establish throughout the land the practice of the Christian religion, the early American administrators and their devoted coworkers in the field of education undertook to educate and train the people of these islands in the principles and technique of self-government, taking for their keynote and guide the memorable instructions issued by President McKinley in April, 1900. EDUCATION If with their simple and sincere faith in the principles by which they had won their own independence and founded their govern- ments, the American people failed to realize fully the nature and difficulty of the mission they were undertaking, they understood clearly that for its successful practice and permanent enjoy- ment, democratic government required an educated and informed citizenry. This understanding and conviction were as strong as they had been one hundred years earlier, when the framers of the great Ordinance of 1787 enacted for the government of the so-called northwest territory, stated that "religion, morality, and knowledge being essential to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." 50 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT In similar vein, President McKinley directed that the Commis- sion "should regard as of first importance the extension of a system of primary education which shall be free to all, and which shall tend to fit the people for the duties of citizenship and for the ordi- nary avocations of a civilized community." In its first proclamation to the people of the Philippines in 1899 the First Philippine Com- mission declared the establishment of elementary schools and appro- priate facilities for higher education to be of cardinal importance in the American program for the islands. No people ever accepted the blessings of education with more enthusiasm than the Filipinos. Like the Americans, they saw that the road to self-government lies through the schoolhouse. The United States Army began the establishment of modern schools in 1898, and within a year more than 4,500 primary pupils were enrolled in Manila alone. The foundations for the permanent educational system of the country were laid by the Philippine Commission in January, 1901. One of its first acts provided for the appointment. of more than 1,000 American teachers. Some of the members of this original group of educational pioneers are still in the Philip- pines. The splendid and devoted work of these and thousands of others who followed them has been a credit to their country and of immeasurable value to the Filipino people. Although a system of primary public schools was provided for by royal Spanish decree in 1863, few Filipino children were being edu- cated at public expense at the end of the Spanish régime. Today about two-thirds of all Filipino children of primary school age (7 to 10) are enrolled in the first four grades of the public schools. Total public school enrollment in March, 1935, was 1,204,485 pupils. They are taught in 7,680 schools, staffed by 27,120 teachers and administrators. In 1934 total expenditure for public education amounted to nearly $23,000,000.* This included more than 20 per- cent of the total expenditures of the central government for all purposes. Although the burden of popular education in the Philippines, as elsewhere, has been borne mainly by the state, 97,500 pupils are enrolled in private educational institutions recognized by the Phil- ippine Government and operated under Government supervision. Those that meet certain definite standards are accredited by the state and are articulated with the public educational system. Among these are the oldest and some of the best institutions of learning in the Philippines. No agency of the state has been more effective than the public schools in the creation of a strong consciousness of Philippine nationality and the development of a sense of civic responsibility. The English language is now spoken in every barrio in the Archi- pelago by people of all ranks of life. The schools have been an important factor and effective instrument in the improvement of the health of the people. The offices of the Government and of private business have been almost completely staffed with competent Fili- pinos trained in the public schools. The standards of efficiency in agriculture, commerce and industry have been raised and the wealth of the country increased by the efforts of vocationally trained citi- zens. Professional and technical education has been placed upon a * The Philippine peso (P) equals 50 cents, U. S. currency. - + DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 51 high plane and our own institutions of higher learning are now supplying the country with specially trained men capable of meet- ing its technical and scientific needs. The Bureau of Science, the University of the Philippines and some of the older private insti- tutions, besides providing opportunities for general and specialized high education, are making distinguished contributions to the com- mon fund of human knowledge. Through the National Research Council, founded and supported as an agency of the state, the direct aid of the Government has been placed behind scientific research. Further expansion of the school facilities of the Philippines is primarily a financial problem. Insular appropriations for school purposes probably cannot be greatly increased during the next few years, and in the present financial condition of the provinces and municipalities no large increase in their school expenditures may be expected. Further substantial progress toward the goal of uni- versal, free primary education apparently must depend upon and follow an increase in the taxable wealth of the country. C Within the limited financial resources of the country, however, the educational system that has been developed in the Philippines is successfully serving the fundamental needs of the Nation. The schools, colleges and universities of the country have become effec- tive means for the intellectual development and self-expression of the people—in the extension of general culture, and in civic, voca- tional and professional education. The people of this country know that an educated citizenry is indispensable to the existence of a free, democratic, progressive state. I am confident that they will continue to press forward to the educational goals that were set a generation ago, and will not fail to support their schools to the limit of their resources, as an indispensable instrument in their national development. This determination has been written into the Consti- tution they have adopted as the supreme law of the future Philippine nation. PUBLIC WORKS - Important as education is, however, in building the structure of strong national life, other elements were needed. Roads and trans- portation facilities and public works were required to develop trade and commerce, and to promote understanding and cooperation be- tween communities and groups. The revenues of the state have been liberally and profitably employed in this direction, bringing to isolated communities the advantages of easy communication and the conveniences of modern civilization. When the Americans came, nothing remained of the old Spanish road system but 990 miles of right-of-way, impassable in the rainy season, and available for travel in the dry season only to a very limited extent. Today the Philippines has 9,057.6 kilometers of first-class roads, 4,831.1 kilometers of second class, 2,009.4 kilometers of trails, or a total of 20,826 kilometers (12,912.12 miles) of roads and trails repre- senting an investment of P240,000,000. There were 2,600 bridges and culverts in existence when civil government under American sovereignty was started; 5,500 others have been added at an expenditure of P25,000,000, including such notable bridges as the Gilbert Bridge at Laoag, the Quirino Bridge 52 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT spanning the Abra, the Plaridel Bridge in Pangasinan, and the General Luna Bridge at Cabanatuan. C With the advent of the American régime, there was inaugurated the construction of schools, hospitals, municipal buildings, and provincial capitols. In Manila we have the Legislative Building, Post Office, Executive Building, Philippine General Hospital, Bureau of Science, College of Medicine, Insular Psychopathic Hospital, Philippine Normal School and dormitory, Pandacan Research Li- brary, Ice Plant, and University of the Philippines. In the provinces the fine capitol buildings of Ilocos Sur, Ilocos Norte, Pangasinan, Batangas, Tayabas, Leyte, and Occidental Negros are worthy of special mention. From the beginning of the American régime to date 98,891,285 have been spent in the construction of public buildings. During the Spanish régime the only important water supply sys- tem was the Carriedo System, now part of the Manila Metropolitan.. Water System. In the old days water for domestic use was secured by means of jars, buckets and tin cans from shallow wells, springs,. rivers, and lakes, and from impounded rainwater from roofs. Up to 1911 the American Army had completed 13 water systems.. which later were improved and are now furnishing water to the towns where the system are located. Excluding the Metropolitan Water System of Manila, there have been completed up to December 31, 1934, 288 municipal and provincial water supply systems, 19 ex- tensions and 10 improvements, furnishing potable water to a popu- lation of 1,008,918, at a cost of P12,184,106.50. The most important systems constructed are: 1. Metropolitan Water System of Manila, including filtration: plant. 2. The Vigan (Singson) Waterworks, Ilocos Sur. 3. Ilocos Norte Metropolitan Waterworks. 4. Camarines Sur Metropolitan Waterworks. 5. Zamboanga Waterworks. 6. Cebu Metropolitan Waterworks. 7. Iloilo Metropolitan Waterworks. 8. Lucena-Pagbilao Waterworks in Tayabas. Prior to 1898 and up to the early part of 1904, no artesian wells had been constructed in the Philippines. The first was drilled by the Bureau of Public Works at Engineer Island in December, 1904. From then until September 30, 1935, 2,390 successful artesian wells have been drilled in towns, barrios, and sitios throughout the Islands, at a total cost of P5,611,315.44, supplying approximately 3,000,000 people with pure water. Irrigation was known in the Philippines even prior to 1521 as evidenced by the wonderful rice terraces of Northern Luzon. Under the initiative of Spanish priests 27,700 hectares of rice land were placed under irrigation at an estimated cost of P6,000,000. To this the American rëgime has added irrigating systems for 83,200 hectares at a cost of 18,647,000. To these must be added private systems. built during the past 25 years irrigating 604,000 additional hectares, and bringing the grand total of irrigated land up to 715,000 hectares,, a great advance over the Spanish régime. Of the port works in use today, only the old river walls and a very short part of the north breakwater at Manila were built prior DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 53 to 1898. During the past 35 years 75,000,000 have been devoted to construction and improvement at nearly 100 ports throughout the Islands, ranging from the breakwater, sheltered harbor, and modern piers at Manila to simple landings for small coasters at isolated towns. There is reflected in all this an earnestness of purpose in the Amer- ican stewardship, and a capacity on the part of the Filipino people to build and enjoy better things. The Filipino people can continue to have them only if the tax burden is levied equitably, paid cheer- fully, and spent wisely for the good of the people as a whole. INTERISLAND SHIPPING Before American occupation there was very little interisland ship- ping. Seven days after the fall of Manila the Manila Customhouse was established. It was apparent that there should be a larger num- ber of ships in the coastwise service, to strengthen the newly estab- lished civil government and better conditions for farmers in all sections of the Islands. In March, 1902, 196 ports were opened to interisland traffic. There being no Government funds available for subsidies, and few capitalists and merchants willing to invest in shipping, Act 520 was passed in November, 1902, throwing open coast- wise trade to foreign vessels without restriction until July, 1904. A growing tendency toward nationalization of the coast wise shipping industry culminated in Act 3084 passed in March, 1923, which pro- vides that only vessels of domestic ownership may engage in the coastwise trade. Foreign firms which had engaged in the trade before 1904 were allowed to continue, but were prohibited from adding any new ships. Prior to December, 1927, interisland service was mediocre. Fixed schedules were not maintained and the service was uncertain and unsatisfactory. With the passage of Act No. 3418 the jurisdiction of the Public Utility Commission over routes was withdrawn. This led to free competition, acceleration of service, and the entry of new ships into the field. The commerce of the Islands has steadily increased from about P68,000,000 in 1899 to over #350,000,000 in 1934. Goods amounting to such a sum must be moved expeditiously. An important factor in the development of this commerce has been the steady improvement of ports. Beginning with the con- struction of sea walls and small wooden docks in Manila, Iloilo, and Cebu, a program of port works has received generous support from the Government. The result has been that all the important sea ports from Aparri to Sulu have been improved, with Manila the out- standing example of what can be done in this line. Between 1916 and 1926 there were many losses due to shipwrecks, etc. An annual inspection by the Bureau of Customs was instituted, improving the seaworthiness of the ships. The development of the interisland shipping to its present level of efficiency is a notable and vital achievement for a people largely dependent upon the sea for their channels of trade. The most populous sections of the Philippines, Central Luzon and Cebu, have been given the advantage of efficient railroad facilities for a number of years, and commercial automobile traffic has closely followed the improvement in highways. 54 DOCUMENTS RELATING TO PHILIPRINE GOVERNMENT AVIATION MAKES AUSPICIOUS START Very recently the first chapters of Philippine aviation history have been written. Private enterprise has pioneered and has demon- strated the practicability of air communication. A country of more than 7,000 islands offers a great field for this most modern develop- ment in transportation, and the past several years have shown re- sults which hold great promise for the future. Thousands of miles have been flown commercially, on regular schedules, north to Baguio, and south to Iloilo and Cebu, and only the other day regular service was extended to Davao in Mindanao. At present there are some 40 landing fields throughout the islands, 20 of which have been constructed by the Philippine government. This work is progressing as rapidly as possible so that within a year every town of the Philippines will be within a day's trip from Manila. Great credit is due to the Air Corps of the United States Army and in particular to the enthusiastic interest and support of Major General Frank Parker for the recent acquisition and construc- tion of landing fields at stategic points. In addition, the Air Corps has made exhaustive surveys and has drawn up plans for a system of air routes covering the entire Archipelago. Within a few days we shall hail the first trans-Pacific flight by the Pan-American Airways, which will mark the beginning of a new epoch of travel and communication between the Philippines and the rest of the world. PHILIPPINE CONSTABULARY men. In recent months reforms have been inaugurated in the Philippine Constabulary, bringing the organization to a high state of efficiency. With the cooperation of the Legislature, which appropriated the necessary funds, the force has been increased from 400 officers and 5,047 men to its present strength of 549 officers and 8,512 enlisted Two signal companies, two chemical warfare companies, and one howitzer company have been organized. Twelve machine guns and several Thompson submachine guns have been acquired. At the same time it has been put upon a solid basis of promotions and rewards on merit only. The Filipino people and their American sponsors have every reason to feel pride and confidence in the Philip- pine Constabulary as it exists today. It is not an arm of war, but an agency of law and order and our goal during the past two years and a half has been to make it a unit reasonably adequate to the needs of peace in the Islands. This, I am firmly convinced, has been achieved and my only injunction in this connection is that this goal be kept clearly and steadfastly in mind. ECONOMIC DEVELOPMENT Economic progress in the Philippines has justified the hopes of those who set out thirty-five years ago to train a people for nation- hood on the principles enunciated by the farseeing revolutionaries of 1776. Building on a foundation of enlightened altruism, America has consummated an achievement without parallel in the annals of colonial administration. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 55 → The early American Government found the Philippines with a meager and inadequate economy. The total of foreign trade was less than 100,000,000 a year. Imports exceeded exports and the balance of trade, both visible and invisible, was seriously against the Islands. Internal trade was seriously restricted and Philippine economy was essentially that of the village. The country was almost wholly agricultural. Industrial development and improvement were negligible. Even in the field of agriculture, the necessity of import- ing a considerable fraction of the principal item of diet, consisting of rice, attested the inadequacy of the national economy. It is estimated that probably less than 5 percent of the land area was under any form of cultivation. By successive steps the Government proceeded to build a larger and surer economy and obtain a wider distribution of the growing wealth. In 1902 a discount of 25 percent from the regular United States tariff rates was granted. In 1909 free trade was set up with mild restrictions. In 1913 unlimited free trade was established. In the years that followed, American import duties on foreign goods competing with Philippine goods were successively raised. Today at the end of thirty-five years of economic growth, the for- eign trade of the Philippines is running approximately 400,000,000 annually-more than fourfold as compared with trade in 1901. Even the invisible items of trade have turned in favor of the islands. Trade with America has acquired so favorable a position that it has offset for many years with a favorable balance the negative balances with all Oriental and most European countries with which the Philippines trade, The population has more than doubled. Land under cultivation has increased nearly threefold. The rice problem has been solved, and during the past few years the Islands have been all but self- sufficient in cereal requirements. Should necessity arise, the cattle- raising industry has made it possible to supply all of our meat. The production of abaca and tobacco has more than doubled. Corn has increased fourfold, rice fivefold, lumber and forest products sixfold, sugar sixfold. Copra production has increased ninefold, and min- eral production has risen from a negligible position to one that is commanding the respect of the world. Formerly all our products left our shores in raw state, or as nearly so as conditions of transport allowed. Today nearly half our copra is converted into oil; practically all our sugar is carried to 96 degrees or more; our tobacco goes forth as cigars; and a respectable fraction of our abaca leaves as rope. The sound first steps of industrial de- velopment have been taken in the form of maximum elaboration of our agricultural products. C This economic advance has not been made on the basis of exploita- tion. A share of the profit has been passed all the way down the line, resulting in the highest labor wage in the Orient. Philippine labor has been preserved, guided and trained to a degree of compe- tence of which we are proud. The public domain has not been ex- ploited. Large estate grants a sore spot in other days have not been tolerated. The natural inheritance of the Filipino as the owner of his fatherland has not been violated. The Filipino has been encouraged to enter the professions. No door has been closed, no reasonable want has been denied him. 56 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT But what does it signify, this gaining of a better economy, if the chief aim of government is the well-being of the people generally? Is it merely crass materialism, or has it improved and enriched the life and spirit of the generality of men and women? The public benefits that have accrued from the wealth created during the last thirty-five years are too numerous to catalog fully. A few may be sketched: 1. Higher standards of diet, clothing, and housing have lifted the Filipino laborer far above the level on which he formerly lived. 2. State funds have been provided out of which railroads, high- ways, bridges, and ports have been brought into useful being. 3. State pay rolls make possible the highest average salary for Government employees and the largest number per capita to be found in the Orient or Tropics. 4. Private capital is available for investment in sugar mills, oil mills, store and offices, land and houses; capital that has been used to modernize the old industries and create new ones. 5. Less tangible but equally important, are the acquirement of bet- ter health, wider education, and higher scientific and artistic cul- ture, and all the chain of advancing social standards, which come with an expanding and diffused economy. GOVERNMENT-CONTROLLED COMPANIES GAIN All government-owned companies showed decided gains during the past two years with the exception of the Manila Railroad Co., which has suffered loss due to optional currency clauses in its 4-percent Southern Lines bonds and the reduction of freight volume. The Manila Hotel Co. showed a net profit of P122,652.89 for the year 1934 as against a nominal profit of only 500.19 for the preceding year. The Cebu Portland Cement Co. continued its profitable op- eration with a net profit of P432,510.68 as compared with P268,483.73 for the year 1933. The Philippine National Bank had a profit of 3,931,266.90 as compared with P3,153,759.21 in 1933. This favorable showing has been continued in 1935, the first nine months of which show a profit of P3,060,244.07. These profits include recoveries of charged-off items, and have been accomplished despite the lowering of interest rates on all classes of paper. The profits of the Philippine National Bank are not the true measure of its service to the people of these Islands. It provides service in many ways. As a depository of the Government it serves the country as a whole. The facilities of the Bank have been ex- tended to the remote districts and at all of these places it provides facilities for a safe depository for funds, for exchanging checks for cash, for sending drafts for collection, and extending loans to small farmers and merchants. PUBLIC HEALTH AND WELFARE The Philippines has led during the American occupation all other oriental countries in progress made in health and welfare. Epi- demics are controlled; pandemics are definitely of the past; com- merce is no longer impeded by quarantine and other restrictions DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 57 necessary to prevent the spread of disease; new measures have been inaugurated by the Government to improve the living conditions of the poor and to protect those economically distressed from the ravages of disease. As a typical example, I refer particularly to the construction during the past two years of a modern water-filtration plant for the City of Manila. It is significant of the progress which had been made that Manila, a tropical city, is thus provided with a water supply which is not excelled in purity by that of any other city in the world. The prevalence of water-borne diseases in the City of Manila has already been reduced and there is no doubt that the pure water now available for the inhabitants of Manila will be an important factor in the continued improvement in the public health of the city. Today the Insular Government operates 80 hospitals having 4,402 beds, and more than 1,000 dispensaries. During the past two years special attention has been devoted to the care of the insane and the mentally defective. Government facilities for the institutional treat- ment of insane patients have been doubled and many of the un- fortunates who formerly wandered at large or were confined in jails now receive proper care. During the past year we have revised the standard of care of the insane and perfected our administrative methods to conform to the best practices in this field. Also, during the past year we have set up a school for mentally defective children at Welfareville where they can be trained, guided, and given the opportunity to become useful citizens. Within the last two years we have developed a new approach to health and social work in the Philippines. The modern conception of government supervision of all matters relating to the welfare of the public has been put into actual practice, and the Philippine Government has assumed full and complete responsibility for the relief of public distress due to any cause, whether it be social maladjustment, economic conditions, disaster or sickness. The problem of providing medical care for the people of the barrios and the congested districts of the cities and towns is being met by a public health nursing service which is being extended to the more remote communities. Only within the last year we have placed 250 additional nurses in this work. Traveling clinics, which are in fact mobile hospitals, are now being employed to reach the isolated villages of the Mountain Province. In the overcrowded areas and slum districts of Manila and the larger towns we have established social services for the poor, the distressed, and the underprivileged. Greatly increased protection for the health and the welfare of children and the mothers of the slums has been thus provided. Methods of improving the housing of the poor have been adopted on a basis which will permit of con- tinued progress. Since 1933 the best the western world has to offer in public wel- fare service has been inaugurated here and been eagerly adopted by the Filipino people. A well grounded, long-time program of health and social services has been established. If persistently developed over a period of years it will be an important factor in the success of the Commonwealth Government. A widespread social con- H. Doc. 400, 74—2—————5 58 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT sciousness has been aroused among the officials and the people of the towns and barrios. I cannot overemphasize the importance of sustaining this social consciousness through the years to come. I trust that all of us who have been responsible will make continued efforts along these lines and will consider ourselves to be trustees charged with preserving these services and making them more and more progressive and with seeing that there is no stagnation and above all no backward movement. The present government of the Philippine Islands may take just pride in its adoption of the humanitarian principles of government responsibility to ameliorate distress among our helpless people due to any cause, whether it be social maladjustment, economic condi- tions, disaster or sickness. BUREAU OF SCIENCE - The Bureau of Science, organized in 1901 as the Bureau of Gov- ernment Laboratories, and taking its present name in 1905, has been of inestimable assistance in the progress achieved here. At first concerned almost wholly in protection against disease, it did magnificent work, and for many years there has been no possibility of such major disasters as the outbreak of cholera that occurred in 1902, continuing for two years and taking the lives of nearly 100,000 people. In fact it can be said that cholera, bubonic plague, dysen- tery, and malaria are under control. The Bureau is tireless in its efforts to assist in improving the general health of the people, in its researches to develop natural resources, and in its cooperation with and helpfulness toward indus- try. Thanks to the Bureau, copra production has become doubly profit- able through elimination of wasteful methods, and similar assist- ance to the sugar industry has produced additional millions. The Bureau has assisted factories making paints, varnishes, cement and: other industrial products from local raw materials; it has conducted experiments in the field of ceramics; aided materially in conserva- tion of fish and game; in development of the mineral resources of the Islands; in improvement of crops, forestry and tropical plants, and in general has made a place for itself in the very heart and marrow of the economic life of the people. The Bureau is a research institute of extreme value. Its inter- national reputation is deserved and it is one of the greatest lega- cies that the new Philippine Commonwealth will inherit from the American régime. ADMINISTRATION OF JUSTICE In the administration of justice, there are outstanding milestones. erected by the joint efforts of Americans and Filipinos, that reflect the genius of American institutions and the capacity of the Filipino people to absorb and apply democratic principles of government. Before the galleons of Magellan touched these shores, the native laws were mostly based on usages and ancestral customs. The pen- alties for violations of penal laws were severe and cruel. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 59 Spain did much to modernize the administration of justice in the Islands. The Spanish Penal Code was implanted here. A Supreme Court, courts of first instance in the provinces, and justice-of-the- peace courts in the municipalities were established. Individual liberty, however, was hemmed in by a multitude of restrictions which resulted in many injustices, especially to the common people. One of the first acts of American rule was the organization of a judicial system, and in the Philippine Bill of 1902, Congress im- planted in these Islands the same guaranties of constitutional and individual liberty that are found in the United States Constitution with the exception of the right to keep and bear arms and the system of trial by jury. A reorganization of the courts was effected and orderly procedure was provided for the trial of cases. In all crim- inal prosecutions, a speedy and public trial was guaranteed to the accused; his right to bail, to compulsory process of obtaining wit- nesses in his favor, to be assisted by counsel, and not to be compelled to be a witness against himself, were expressly recognized. Today, we have a modern system of courts and judicial procedure. Conscientious efforts have been exerted during the last thirty-five years to guarantee to the people of these Islands a fair and impartial administration of justice. In line with this policy, there has been introduced recently a far-reaching innovation in the selection of judges. I refer to the organization of the Judicial Council, which has been functioning satisfactorily. Properly guided and directed, this Judicial Council should insure to the people of these Islands the appointment of competent judges selected primarily on merit. In the field of penology, there have been introduced changes in- tended to aid the accused and to ameliorate the condition of those convicted by the courts of justice. I refer to the law providing for public defenders, the Indeterminate Sentence Law and the law creat- ing the probation office which is now being organized. Since the Indeterminate Sentence Law went into effect in January, 1934, there has been marked improvement in the behavior and morale of prisoners. During the twenty-two months of its effectiveness, 645 prisoners have been given parole. Of these only three have violated their parole. The probation system, which will soon be in operation, will complement the Indeterminate Sentence Law. We have every reason to expect that these two institutions will be found eminently suited to the social conditions of these Islands, because the spiritual side of the Filipino character is especially receptive to the benign idea of reform. CULTURAL DESTINIES The cultural prospects of the Filipino people are full of promise. The racial and cultural differences of the Philippine population have been unduly exaggerated. Evidence is strong that there is building up in these Islands a true general Philippine culture around which future development will revolve. A blending of diverse elements in the population has been going on continuously for 2,000 years, and has been especially rapid during the Spanish and American periods due to the greater peace and order and freer communication. The increasing homogeneity in the population is not a mere altru- istic hope. There is strong scientific basis for holding that seem- 60 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT ingly discordant and nonfusable elements not only can be but are being fused. From the time of Dr. José Rizal down to the present the opinion has been held by many American and Filipino author- ities that among the non-Christian population are elements that con- stitute a strong asset for the future Philippines. The pagan, Moro, and other non-Christian peoples possess essen- tially the same racial traits and innate psychology as the majority of the inhabitants of the Christian provinces. Investigations of Professor Beyer and others show that the Filipino-blend type is de- veloping steadily in all parts of the Islands-regardless of linguistic, religious, and cultural differences. Such studies forecast the steady growth of an harmonious and blended Filipino race that will one day be characteristic throughout the Islands. On the cultural side, there will be need for much patient and tolerant consideration in dealing with the pagan and non-Christian groups. A policy of gradual education and improvement of economic conditions, however, will eventually bring about cultural amalgama- tion-and develop a strong and unified Philippine population. GOVERNMENTAL FINANCE This gratifying and remarkable expansion in the natural economy is reflected also in the parallel story of governmental finances. Let us look at a few figures. Excluding bond issues, the total revenues in all funds of the central government in 1901 amounted to P21,- 532,490. They rose to a high peak of 92,783,173.70 in the boom year of 1929. In the last fiscal year (1934) they totaled P78,674,751.33. Provincial revenues increased during the same period from P2,- 410,437.16 to P24,385,978.07 in 1934, reaching an all-time high of P30,889,071.38 in 1930. In municipal and city governments, revenues increased from P10,059,546.58 in 1906 to 36,509,794.48 in 1934, with a high figure in 1929 of P44,881,945.92. With the two chartered cities included, total public revenues in the Islands grew from P48,772,193.21 in 1910 to in 1934. 119,792,900.38 These large levies on the public and their industries have in large measure been returned to them or preserved in the form of increas- ing public services and valuable fixed properties owned by the gov- ernment. The permanent investments of the central government alone in real property and equipment and other forms, have a cost value of 267,800,493.23 as of December 31, 1934. Interesting as they are, these matters are perhaps of less immediate importance and concern to us at the present moment than the cur- rent financial condition of the government. In all funds of the central government on December 31, 1934, there was a surplus of more than seventy-five million pesos (75,179,189.42), as compared with less than nine and one-half million pesos (P9,331,582.85) on June 30, 1901. In the general fund alone there was a current surplus of approximately thirty-seven million pesos (36,900,492.19)* on December 31, 1934. Of this amount a substantial portion was cash in the governmental depositories. The excess of cash over recorded obligations and liabilities was almost seventeen million pesos (P16,- 881,497.41) as of December 31, 1934. In addition to this approxi- C DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 61 ? mately $30,000,000 awaits clearance in Washington and will soon be paid into the Philippine treasury from excise taxes levied and collected on coconut oil under a recent Act of Congress, which will leave our general fund in the strongest position of our history. The bonded debt of the central government and its subdivisions is not excessive. At the end of 1934 it stood at slightly more than one hundred and sixty million pesos (160,364,700), but with sinking funds totaling more than sixty millions (P60,895,286.55), the net bonded indebtedness is slightly less than one hundred million pesos (P99,469,413.45). The Manila Railroad Co., whose stock is wholly owned by the government, also has a net bonded debt after sinking fund of P48,856,424.14. Interest on bonds of the Philippine Railway Co., amounting to 17,098,000, is guaranteed by the central government until July, 1937. Philippine public finances are sound. In some respects they might well excite the envy of many of the large nations of the world today. In the central government for the past two and three-quarter years, expenditures from all funds have been considerably less than the cur- rent revenues accruing to those funds. Our budget is balanced in fact as well as in form. The surplus of the central government should be jealously guarded. It may be difficult to borrow externally at advantageous rates of interest. Lack of large local capital accumulations limits the possibilities of internal loans. While the governmental bonded debt is not excessive and is being properly serviced, major financial problems exist in the bonded indebtedness of our railroads, and in the pension funds of the government wherein liabilities are steadily accruing without adequate provision to meet them. These pension funds at present are not actuarily sound and a government_policy for their rehabilitation should be instituted without delay. Several provinces are financially weak. Ordinary and recurring normal ex- penditures for the national defense will tax government resources severely. Continuing demands may be expected for concessions to delinquent taxpayers, and the prospects of increasing revenues are not favorable without extreme measures that might curtail business and investment activities. It would seem wise, therefore, to keep the present surplus intact as the proper reserve for a government of the position and size of the Philippine Government. Extraordinary and nonrecurring ac- cretions should be recognized and treated as windfalls that will not be repeated. Let us look well to cut within our financial cloth. In our present economy and environment, the safe course for this Gov- ernment is to keep its budget in balance and its current expenditures within current income. Without a sound financial position and a program of sound public finance, the most essential and fundamental functions of government are handicapped and may be completely paralyzed. No governmental activity comes ahead of an orderly financial program. In closing this subject I should like to repeat the exhortation contained in my first address to the Philippine people: The first duty of such a government (this Government), in order of statement if not of importance, is to conduct its own business on a sound and orderly basis, efficiently and economically, giving a peso in actual service for every peso of income. It must carefully budget its expenditures so that they will 62 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT ? not exceed its revenue or dissipate the public resources in unnecessary services or activities. For the time being we must have recourse to uncompromising economy in spending. The public debt also must be kept within proper and conservative limits. This result will be assured by the preparation of a care- ful program and strict and rigid adherence to it by all the departments of the Government. A budget is valuable only if, and when, expenditures are kept within it. Together we will make a stubborn stand against the unwhole- some practice of allowing deficits to creep into our balance sheets. The present sound and satisfactory state of governmental finances, with budgets balanced and substantial reserves at hand, is clear indi- cation that an honest effort has been made to practice what we have preached. POLITICAL PROGRESS With the development we have been tracing in the fields of eco- nomics and finance, communication and education, science and hy- giene, political development has kept pace. The Philippine public gradually attained an understanding of the theory and processes of popular government, and acquired experience in its practice. This was according to the plans conceived and formulated by the first American administrators. Small beginnings had been made in Spanish times, with a limited right of suffrage and the privilege of electing municipal and barrio officials. Municipalities became autonomous in 1901. Provincial boards came under popular control in 1905. Two years later the first national legislative assembly was inaugurated. Filipinos were taking rapidly to the ways and methods of American democracy. The next step was the Jones Act in 1916, under which we have op- erated until today. Within the short space of sixteen years, the Fili- pino people had qualified themselves to the satisfaction of the American Congress for exclusive control of the legislative branch of their government. In large measure they had justified the great American faith in the inherent capacity of people to govern them- selves, given equal advantages of education and training. The ad- ministration of justice also was gradually placed in the hands of the Filipinos. Although the executive branch until now has been under American direction and control, actual administration during recent years has been largely in Philippine hands. The recent extension of equal suffrage to women was a notable contribution by the Philip- pine Legislature to democratic progress. In this steady advance in the art of democratic and constitu- tional government toward the ultimate goal of complete inde- pendence, the crowning event has been the framing and adoption by the Philippine people, under the terms of the Tydings-McDuffie Act, of a permanent constitution for their Government. This ad- mirable document, with its guaranties of representative government and freedom for the individual citizen, is eloquent proof of the success of our policies and the soundness of our political faith. Under the stipulation of the Tydings-McDuffie Act, by voting the adoption of this Constitution, the Filipino people themselves defi- nitely and freely decided the matter of independence. This Act was fundamentally a product of the political idealism and unselfishness of the American people. It was the generous act of a generous people. If some adjustments should appear desirable to alleviate unnecessary hardships, we may be confident that the American Con- DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 63 gress will not refuse to consider them. With full warning, however, and understanding of the inconvenience and risk and hardship that may be entailed by their separation from the United States, the Filipino people have definitely and gladly assumed the condi- tions and responsibilities and have adhered to the course that leads uitimately to full sovereignty and independence. America has kept faith with her political principles and has been true to her origins. Putting aside considerations of empire and self-interest, with deep understanding of the strong yearning of a people for political freedom, acknowledging the right of a people to self-determination when supported by demonstrated understanding of constitutional self-government and evidence of capacity to sus- tain it, the United States has accepted the decision that has been made here, and is prepared to surrender its trusteeship. In good time this will be done. Material progress is dearly bought and of little worth when ob- tained at the price of exploitation and suppression of a people's patrimony and liberty and their individual initiative. The record of America cannot be told merely in terms of public revenues and economic production. Things more precious in the life of a people are the preservation of racial integrity and culture, the enlargement of human liberty, the cultivation of a spirit of adventure and initia- tive. These priceless qualities, so essential in the building of a nation, have been permitted to grow and flourish by the liberal and farseeing policies that have guided the administration of Philip- pine affairs by American authorities. With these elements of char- acter and mutual toleration of differences in religious faith, aided by a favorable geographical grouping and freedom from deep racial conflicts, the Philippines, under wise and patient and just leadership, may become a strong and united nation. So we have come to this present hour. Through the idealistic poli- cies of her statesmen, McKinley, Root and Taft, and Wilson and Roosevelt, supplemented by the conscientious and devoted service of her representatives in these Islands, and the strong friendship and sympathy of Franklin D. Roosevelt, the political faith of America has flowered and is nearing fruition. Free education, constitu- tional principles, freedom of conscience and opinion, material prog- ress, economic development, stable finances, responsible government- these essentials of a sound and enduring democracy have been estab- lished in the land. A splendid chapter in Philippine history, in which this body under able leaders has played a distinguished part, is now coming to a close. With a large and growing population, expanding industry and agriculture, easy communication and increasing wealth, a gov- ernment financially stable and sound, an enlightened press, and an informed and patriotic citizenry, the sinews of statehood and the elements of a strong national life have been provided. We place in the hands of our successors a rich estate, a high trust, and a glorious privilege to preserve and administer this Government that we have built together upon the faith and confidence of the American people. Another chapter remains to be written before the record is com- plete, and the mission accomplished. To assure its success a further period of adjustment has been provided, under the protection and guidance of United States authority. Retaining full rights of sov- 64 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT ereignty, with appropriate functions and authority vested in the President and other agencies for the protection of its legitimate in- terests under the Independence Act, the United States Government is now entrusting direct management of domestic affairs to the newly elected representatives of the Philippine people—the President and members of the National Assembly. Their success and the success of the Commonwealth will rest not upon the fine hopes and enthusiasm of this moment. It will require deep and abiding loyalty to the principles of sound finance and social justice, freedom from measures that are selfish and oppressive, stead- fast devotion to the ideals and principles of democracy. The per- sonal aspect of government must be minimized. All officials should be humble before the majesty of the law. Above personal success and personal loyalty, the good citizen and true patriot will place. the supremacy of the law, duty to the State, and devotion to the public good and welfare. This great and happy venture of the American and Filipino people is not yet ended. With an altered framework and broader autonomy, the Philippine Government goes on under the American flag, with the full confidence and support of the people and Govern- ment of the United States. As in all good books of high adventure and romance, we close this chapter anticipating the next, confident that the Divine Author will bring the story to a fair ending in ac- cordance with the faith and high purpose of its beginning. FRANK MURPHY, Governor-General. THE PHILIPPINE LEGISLATURE, Manila, P. I. THE COMMONWEALTH OF THE PHILIPPINES BY THE PRESIDENT OF THE UNITED STATES OF AMERICA W A PROCLAMATION* WHEREAS pursuant to the provisions of the act of Congress entitled "An Act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes", approved March 24, 1934 (48 Stat. 456), and in accord- ance with the Constitution of the Commonwealth of the Philippines heretofore adopted and ratified by the people of the Philippine Islands, an election was held in the Philippine Islands on September 17, 1935, for the purpose of electing officers of the government of the Commonwealth of the Philippines; and WHEREAS the Governor General of the Philippine Islands has certified to me as President of the United States of America the result of the said election: ' A NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid Act and in conformity with section 4 thereof, do announce and proclaim that at the election so held in the Philippine Islands on September 17, 1935, officers of *Read by Governor General Murphy at the inaugural ceremonies on Nov. 15. ; DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 65 the government of the Commonwealth of the Philippines were duly elected as follows: PRESIDENT: Manuel L. Quezon of Baler, Tayabas. VICE PRESIDENT: Sergio Osmena of Cebu, Cebu. MEMBERS OF THE NATIONAL ASSEMBLY: • ABRA, Quintin Paredes. AGUSAN, Apolonio D. Curato. ALBAY, 1st District, Jose Bonto. 2nd District, Justino Nuyda 3rd District, Pedro Sabido. 4th District, Pedro Vera. ANTIQUE, Calixto O. Zaldivar. BATAAN, Teodoro Camacho. BATANES, Vicente Agan. BATANGAS, 1st District, Natalio Lopez. 2nd District, Eusebio Orense. 3rd District, Maximo Kalaw. BOHOL, 1st District, Juan Torralba. 2nd District, Olegario B. Clarin. 3rd District, Margarito E. Revilles. BUKIDNON, Manuel Fortich. BULACAN, 1st District, Nicolas Buendia. 2nd District, Antonio Villarama. CAGAYAN, 1st District, Marcelo Adduru. 2nd District, Regino Veridiano. CAMARINES NORTE, Cayetano Lukban. CAMARINES SUR, 1st District, Francisco Celebrado. 2nd District, Luis N. de Leon. CAPIZ, 1st District, Manuel Roxas. 2nd District, Jose A. Dorado. 3rd District, Rafael Tumbokon. CAVITE, Justiniano S. Montano. CEBU, 1st District, Celestino Rodriguez. 2nd District, Hilario Abellana. 3rd District, Agustin Y. Kintanar. 4th District, Vicente Rama. 5th District, Miguel Cuenco. 6th District, Nicolas Rafols. 7th District, Buenaventura Rodriguez. COTABATO, Datu Sinsuat. DAVAO, Romualdo Quimpo. ILOCOS NORTE, 1st District, Vicente T. Lazo. 2nd District, Julio Nalundasan. ILOCOS SUR, 1st District, Benito Soliven. 2nd District, Sixto Brillantes. ILOILO, 1st District, Jose C. Zulueta. 2nd District, Ruperto Montinola. 3rd District, Tomas Confesor. 4th District, Tomas Buenaflor. 5th District, Victorino Salcedo, ISABELA, Mauro Versosa. LAGUNA, 1st District, Tomas Dizon. 2nd District, Arsenio Bonifacio. T 66 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT LANAO, Tomas Cabili. LA UNION, 1st District, Camilo Osias. 2nd District, Agaton R. Yaranon. LEYTE, 1st District, Jose Ma. Veloso. 2nd District, Dominador M. Tan. 3rd District, Tomas Oppus. 4th District, Francisco Enage. 5th District, Ruperto Kapunan. MANILA, 1st District, Gregorio Perfecto. 2nd District, Pedro Gil. MARINDUQUE, Cecilio A. Maneja. MASBATE, Pio V. Corpus. MINDORO, Juan L. Luna. MISAMIS OCCIDENTAL, Jose Ozamis. MISAMIS ORIENTAL, Leon Borromeo. MOUNTAIN PROVINCE, 1st District, Saturnino Moldero. 2nd District, Felipe Jose. 3rd District, George K. Tait. NEGROS OCCIDENTAL, 1st District, Enrique Magalona. 2nd District, Pedro C. Hernaez. 3rd District, Gil M. Montilla. NEGROS ORIENTAL, 1st District, Guillermo Z. Villanueva. 2nd District, Jose E. Romero. NUEVA ECIJA, 1st District, Manuel Alzate. 2nd District, Felipe Buencamino, Jr. NUEVA VIZCAYA, Bernardo Buenafe. PALAWAN, Claudio Sandoval. PAMPANGA, 1st District, Eligio G. Lagman. 2nd District, Jose P. Fausto. PANGASINAN, 1st District, Anacleto B. Ramos. 2nd District, Eugenio Perez. 3rd District, Daniel Maramba. 4th District, N. T. Rupisan. 5th District, Narciso Ramos. RIZAL, 1st District, Pedro Magsalin. 2nd District, Emilio de la Paz. ROMBLON, Gabriel F. Fabella. SAMAR, 1st District, Antolin D. Tan. 2nd District, Serafin Marabut. 3rd District, Juan Bocar. SORSOGON, 1st District, Norberto A. Roque. 2nd District, Tomas S. Clemente. SULU, Datu Ombra Amilbangsa. TARLAC, 1st District, Jose G. Cojuangco. 2nd District, Benigno Aquino. TAYABAS, 1st District, Jose A. Angara. 2nd District, Francisco Lavides. ZAMBALES, Potenciano Lesaca. ZAMBOANGA, Juan S. Alano. In SURIGAO the election resulted in a tie between Ricardo Navarro and Clementino V. Diez. This proclamation shall be effective upon its promulgation at Manila, Philippine Islands, on November 15, 1935, by the Secretary, DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 67 of War of the United States of America, who is hereby designated as my representative for that purpose. And I do further announce and proclaim that, in accordance with the provisions of the aforesaid Act, upon such promulgation of this proclamation the existing Philippine Government shall terminate and the government of the Commonwealth of the Philippines shall enter upon its rights, privileges, powers, and duties as provided under the said Constitution of the Commonwealth of the Philippines. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this 14th day of November in the year of our Lord nineteen hundred and thirty-five, [SEAL] and of the Independence of the United States of America the one hundred and sixtieth. FRANKLIN D ROOSEVELT By the President: CORDELL HULL Secretary of State. [No. 2148] INVOCATION BY HIS GRACE, THE MOST REVEREND GABRIEL M. REYES, D. D., ARCHBISHOP OF CEBU. To the King of Ages, immortal, invisible, the only God, be honor and glory for ever and ever. Amen. Almighty and merciful God, who through Thy providence ruleth the destinies of peoples and nations, we thank Thee for this day so longed for by the Filipino people, dawning with bright hopes for the fulfillment of our cherished and legitimate aspirations. Casting now, O Lord, a glance on the history of our nation, we recognize Thy guiding hands; Thou didst entrust us to the noble and Catholic Spain, who brought us the good tidings of the gospel and led us along the ways of Christian civilization; Thou didst assist us in our efforts toward the attainment of our emancipation, by timely placing us under the beneficent protection of America, for the considerate and helpful development of our means and resources. Hence this new nation beseeches Thy blessing on her future, for we all know that "They labor in vain who build the house, unless God builds it with them." Deign, O Lord, to bless America and Spain, and deign to complete Thy work in us. We pray Thee, O God of Wisdom and Justice, from whom all authority comes, to assist with Thy light and power the authorities who have been elected by the will of their brethren. Confirm their authority, so that they may always enjoy a willing and loyal obedi- ence. Assist with Thy holy spirit of counsel the President and the Vice President of our new Government, that their administration may be conducted in equity, eminently useful and constructive to the nation they preside over. Let Thy divine wisdom enlighten the deliberations of our Na- tional Assembly, so that all may tend to the promotion of national happiness. Inspire them to labor for the spiritual and moral better- ment of our people, for "of all the dispositions and habits which 68 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT lead to political prosperity, religion and morality are indispensable.' Bless our industries and commerce. Preserve union and peace, liberty and equality amongst Thy beloved people. We pray likewise for His Excellency, the High Commissioner of the United States, for all the magistrates, judges, and governors, and all other officers who are entrusted to safeguard our political welfare. To all of them, grant, O merciful God, strength and vigor, that they may be enabled to discharge with wisdom and honesty their respective duties. "" Be mindful, O Lord, of Thy servants, our patriots, who have fought for our liberty and have gone before us with the sign of faith and rest in the sleep of peace. To them, O Lord, and to all our countrymen who sleep in Christ, we beseech Thee, to grant of Thy goodness a state of comfort, light, and peace. Through the same Christ our Lord. Amen. INTRODUCTION OF THE SECRETARY OF WAR OF THE UNITED STATES BY HON. FRANK MURPHY, GOVERNOR GENERAL OF THE PHILIPPINE ISLANDS. Friends: For this great and inspiring occasion, we make grateful acknowl- edgment to the steadfast faith of the American people and the Congress of the United States and to the encouragement and assist- ance of that great friend of the Philippine people, the President of the United States, Franklin Delano Roosevelt. As further evidence of his deep interest and friendship, President Roosevelt has requested and designated another true friend of Philip- pine liberty to represent him on this occasion-a former Governor of one of the sovereign American States and a distinguished ad- ministrator of one of the great departments of the American Gov- ernment, that Department which under his guidance has specially guarded and protected the interests of the Philippine Government and has supervised the administration of its affairs. The Philippine people and all who share official responsibility for their welfare and Government rejoice in the presence here today of Hon. George H. Dern, Secretary of War, whom I now have the honor to present to you. ADDRESS OF THE HONORABLE GEORGE H. DERN, SECRETARY of War, at THE INAUGURATION OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, AT MANILA, P. I., NOVEMBER 15, 1935. Citizens of the Philippines: I have the distinguished honor to come to you as the representative of the President of the United States to participate in the ceremonies of this momentous occasion. We are about to establish and put into operation the Government of the Commonwealth of the Philippines, as ordained by the Congress of the United States. This event is another landmark in your steady progress toward the fulfillment of your aspirations to be a completely independent sovereign nation-ul- timately to be realized through the practical, cooperative efforts of two peoples imbued with the same ideals of liberty and self-government. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 69 President Roosevelt asked me to say that his heart is with you on this historic day. A radiogram just received from him asks me to give the following message to the Filipino people: Please convey to President Quezon and the Filipino people on the occasion of the birth of the Commonwealth of the Philippines my sincere congratulations on this great forward step in the establishment of popular self-government, and express to them my confidence in their ability to carry out successfully the final steps in the accomplishment of their complete independence. FRANKLIN D. ROOSEVELT. Thirty-seven years ago, through the fortunes of war, the Philip- pine Islands came under the flag of the United States. It was no premeditated aggression, and there was no thought of territorial aggrandizement. Even before American occupation the Filipino people had started their struggle for freedom, with which Americans instinctively sym- pathized. What, then, was to be the attitude of the United States toward a dependency which it had so accidentally acquired? A pol- icy of colonial expansion and exploitation was a departure from our national ideals, and therefore did not commend itself to the Ameri- can people. Our decision was soon made. Less than two years after American occupation, President McKinley's letter of instructions to the first Philippine Commission laid down these basic principles: In all the forms of government and administrative provisions which they are authorized to prescribe, the Commission should bear in mind that the govern- ment which they are establishing is designed not for our satisfaction, or for the expression of our theoretical views, but for the happiness, peace, and pros- perity of the people of the Philippine Islands. Later he declared: It is our purpose to establish in the Philippines a government suitable to the wants and conditions of the inhabitants and to prepare them for self-govern- ment and to give them self-government when they are ready for it and as rapidly as they are ready for it. That promise was made in good faith. In order that it might be creditably carried out it implied a period of training and prepara- tion. Greedy exploitation was repugnant to our minds. We de- clared that the good of the dependency-not our own good-must be the first consideration-a new idea, perhaps, in colonial administra- tion. We harked back to the spirit of 1776, and we conceded that the Filipinos had the same rights as we claimed when we were colonists of Great Britain. The question is sometimes asked: "Why does the United States give up so valuable a territorial possession as the Philippine Islands?" The answer is that the value of the Islands to the United States does not enter into the calculation. We have proceeded in accordance with the American conception of the fundamental right of peoples to govern themselves. Having declared this unprecedented colonial policy, there arose the practical question of how and when it should be carried out. Through no fault of their own the people of the Philippines had not been trained in the difficult art of self-government, and had never been given an opportunity to demonstrate their capacity to rule themselves. We had no means of knowing whether they had been disciplined, as Anglo-Saxons had been disciplined for centuries, to abide by the expressed will of the majority, however obnoxious 70 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT that will might be to the minority. Stable popular government is impossible without majority rule. Moreover, it was difficult for us to comprehend how popular government could be successful without popular education, which we Americans regard as the keystone of the arch of democracy. And so one of the first things we did was to send school teachers over here in large numbers, to establish a progressive educational system. And today universal education is the Philippine ideal as it is the American ideal. Popular government was begun promptly and developed steadily. The election of municipal and provincial officials was the first step, soon to be followed by an elective lower house of the Legislature, and somewhat later by a completely elective Legislature. And now we are taking the last step. I need not trace the history of independence legislation. The Tydings-McDuffie Act, passed in 1934, and accepted by the Philip- pine Legislature, is the result of an earnest effort on the part of the Congress to meet the aims and aspirations of the Filipino people, so far as was consistent with harmonizing the various interests affected thereby. Its enactment is an expression of confidence by the Congress of the United States in the capacity of the Filipino people to carry out successfully the next and final steps in the pro- gram for the establishment of an independent Filipino nation. G The prescribed transition period of ten years before complete in- dependence becomes an accomplished fact seemed advisable and prudent in order to launch the Philippine Republic under the most favorable auspices. It provides adequate safeguards for the interests of both the American and the Filipino people. The problems that must be worked out in this period are vital, and must be given the most careful and thorough consideration. President Roosevelt, in his message to the Congress on March 2, 1934, said: * * May I emphasize that while we desire to grant complete independ- ence at the earliest proper moment, to effect this result without allowing suffi- cient time for necessary political and economic adjustments would be a definite injustice to the people of the Philippine Islands themselves little short of a denial of independence itself. The Independence Act is a broad grant to the Filipino people of local government. The enlarged powers granted under this Act re- side essentially in the people. The Commonwealth Government is being organized in accordance with the provisions of your own Con- stitution, which goes into effect today and which was formulated and drafted by delegates of your own selection. It is an enlightened, democratic document, and does great credit to the Filipino people. It contains a bill of rights expressing what the American people believe to be the basic principles of free government. Perhaps the greatest heritage that the United States has bequeathed to you is the bill of rights included in both the first and second organic acts of the Congress and carried over into your Constitution. You are about to witness the inauguration of the Chief Executive whom you have elected by popular vote; and all the agencies of local government will soon be functioning under the provisions of your Constitution. Your President and Vice President, the members of your Supreme Court, and the other Island officials heretofore ap- pointed by the President of the United States, will take office under DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 71 the provisions of your own Constitution and the laws of your own National Assembly. Thus your local affairs pass to your own con- trol, and you have the full responsibility of citizens of the Philip- pines, upon whose shoulders rests the mantle of government. I may be pardoned an expression of pride and pleasure in the privilege of witnessing an event resulting from the cooperative efforts of two peoples situated on opposite sides of the globe, but laboring together to establish ultimately a new member of the family of independent nations. There is something unique and inspiring in the spectacle of two peoples voluntarily agreeing to dissolve the bands which unite them, and to go their separate ways; and yet that is the event to which we now eagerly look forward as the final consummation of the program for Philippine independence. It is a source of satisfaction to the American people to know that the fiscal affairs of your government are at this time, perhaps, at the best level in its history. Your finances are in excellent condition. Income for the past year exceeded expenditures. There is but a small public debt. Your governmental structure is supported by a prosperous and increasing commerce and by a thriving industry, backed by agricultural, mineral, and forest resources adequate for the maintenance of a high standard of living for all the people. During my present visit I have been astonished by the fertility of your soil, the diversity and abundance of your crops, the wealth of your mines, the vastness of your forests, the excellence of your har- bors, and. greater than all of these, the industry and virtue of your people. With such resources, and with good government, you should succeed. With the present change in your government, the office of Gover- nor General is abolished. This exalted office has been filled by a long line of distinguished Americans, beginning with that illustrious statesman, William H. Taft, and ending with the able, efficient, and warm-hearted man who has served you during the past two and one- half years, the Honorable Frank Murphy. In the discharge of his duties, Governor General Murphy has made a record of which his fellow-citizens at home are justly proud, and I know that you people of the Philippines honor and love him. I have no doubt that it is a great satisfaction to you that he now becomes the first United States High Commissioner to the Philippines, and as such he will be the representative of American sovereignty and authority in your country. While the American record in the Philippines is not ended, it is drawing to a close. As Secretary Root on one occasion said: The country which exercises control over a colony is always itself on trial in the public opinion of mankind. We hope, of course, that the world will say of us that our work here has been well done. But especially, we hope that you, the people of these Islands, may continue to look with grateful apprecia- tion upon the day that set this beautiful land under the sovereignty of the United States, and to feel that our sojourn here has been a benediction to you. And I hope, too, that the people of the United States may forever feel a just pride and satisfaction in the monument thus built in your hearts. We shall continue to be united by the bands of comradeship and mutual good will. 72 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT I trust that the people of the United States will not forget to be grateful to the men and women who have reflected credit upon their native land by giving their talents, their energies, and their years to the service of their country and yours in this far-away territory. I should be most unfair, people of the Philippines, if I did not point out that the main credit for the rapid evolution of your pop- ular government is due to yourselves. You have been tried and not found wanting. You have had a passion for independence for many years, and with each new opportunity you have, in the most con- vincing manner, demonstrated your capacity to perform the varied and intricate tasks of government. In legislation you have shown vision, wisdom, fairness, and restraint, with a statesmanlike grasp of your problems. In administration, the Governor General gives un- stinted praise to his Filipino associates for their ability and integ- rity. In drafting your Constitution you have shown a profound understanding of the fundamental principles of democracy, and you have produced a document remarkable for its impartial provisions in behalf of all the people. In the judiciary I wish to pay tribute to those distinguished Filipino jurists who, in cooperation with their American colleagues, have made your Supreme Court an everlast- ing credit to both the American and the Filipino people. As Americans, therefore, we do not boast of what we have done here. Rather, we are gratified at having been given the rare privi- lege of cooperating with you in establishing a new democratic member of the family of nations in the western Pacific. Mr. President, as generally affecting the affairs of the Filipino people, I feel that you have an exceptional opportunity to carry out the next steps of this vital program. The responsibility for the happiness and well-being of this people is entrusted to the new Gov- ernment under your leadership. President Roosevelt has faith in your devotion to democratic principles and in your ability and that of your colleagues to carry the program through in a manner well calculated to serve the interests of your people. I most cordially wish you every success in the administration of your high office. And so, citizens of the Philippines, I congratulate you with all my heart upon the consummation of your desires. May your self- rule always be characterized by that enlightened justice which alone can make you a great nation. And may you always have reason to feel that the United States is interested in your welfare and is your true friend. · Following the reading by Governor-General Murphy of the Presi- dent's proclamation announcing the election of officers (for text, see oaths of office were administered the chief of the Philippine Supreme Court to the president-elect, the vice-president- elect and the members-elect of the national assembly, who are listed in the proclamation. DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 73 THE COMMONWEALTH OF THE PHILIPPINES BY THE SECRETARY OF WAR OF THE UNITED STATES OF AMERICA— A PROCLAMATION By direction of the President of the United States of America, I, GEORGE H. DERN, Secretary of War of the United States of America, do hereby promulgate the proclamation of the President of the United States of America announcing the results of the elec- tion held in the Philippines on September 17, 1935, for the purpose of electing officers of the Government of the Commonwealth of the Philippines; and I do hereby announce that the heretofore existing government of the Philippines is now terminated, and that the Gov- ernment of the Commonwealth of the Philippines, in entering upon its rights, privileges, powers, and duties as provided under the con- stitution of the Commonwealth of the Philippines and the laws of the United States of America, is the successor to the heretofore existing Philippine government and to all the rights and obligations thereof. DONE at the city of Manila at 8:58 o'clock a. m. on the fifteenth day of November, in the year of our Lord one thousand nine hun- dred and thirty-five. (Sgd.) GEORGE H. DERN. INAUGURAL ADDRESS OF HIS EXCELLENCY MANUEL L. QUEZON, PRESIDENT OF THE PHILIPPINES (Delivered Nov. 15, 1935, at the Legislative Building, Manila, P. I.) FELLOW-COUNTRYMEN: In the exercise of your constitutional prerogative you have elected me to the presidency of the Commonwealth. I am profoundly grate- ful for this new expression of your confidence, and God helping me I shall not fail you. The event which is now taking place in our midst transcends in importance the mere induction into office of your Chief Executive. We are bringing into being a new nation. We are inaugurating its government. We are seeing the fruition of our age-old striving for liberty. We are witnessing the final stage in the fulfillment of the noblest undertaking ever attempted by any nation in its dealing with a subject people. And how well this task has been performed is attested to by the blessings which from 14 million people go to America in this solemn hour. President McKinley's cherished hope has been fulfilled-the Filipinos look back with gratitude to the day when destiny placed their land under the beneficient guidance of the people of the United States. It is fitting that high dignitaries of the American Government should attend these ceremonies. We are thankful to them for their presence here. The President of the United States, His Excellency, Franklin D. Roosevelt, ever solicitous of our freedom and welfare, has sent to us, as his personal representative, the Secretary of War, Hon. George H. Dern, whose friendship for our people has proven most valuable in the past. Vice President Garner, Speaker Byrns, H. Doc. 400, 74—2— -6 74 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT distinguished members of the Senate with their floor leader, Sen- ator Robinson, and no less distinguished Members of the House of Representatives have traveled 10,000 miles to witness this his- toric event. I feel that by their presence the whole American Nation is here today to rejoice with us in the fulfillment of America's pledge generously given that the Filipino people is to become free and inde- pendent. It is my hope that the ties of friendship and affection which bind the Philippines to America will remain unbroken and grow stronger after the severance of our political relations with her. In behalf of the Filipino people, I express deep appreciation to Hon. Frank Murphy, our last Governor-General, for his just and efficient administration and for the valuable assistance he has ren- dered us in the difficult task of laying the constitutional foundations of our new government. As we enter upon the threshold of independent nationhood, let us pause for a moment to pay tribute to the memory of Rizal and Bonifacio, and all the heroes of our sacred cause, in deep acknowl- edgment of their patriotic devotion and supreme sacrifice. Fellow countrymen: The government which we are inaugurating today is only a means to an end. It is an instrumentality placed in our hands to prepare ourselves fully for the responsibilities of com- plete independence. It is essential that this last step be taken with full consciousness of its significance and the great opportunities that it affords to us. Under the Commonwealth, our life may not be one of ease and comfort, but rather of hardship and sacrifice. We shall face the problems which lie in our path, sparing neither time nor effort in solving them. We shall build a government that will be just, honest, efficient, and strong, so that the foundations of the coming Republic may be firm and enduring-a government, indeed, that must satisfy not only the passing needs of the hour but also the exacting demands of the future. We do not have to tear down the existing institutions in order to give way to a statelier structure. There will be no violent changes from the established order of things, except such as may be absolutely necessary to carry into effect the innovation contemplated by the Constitution. A new edifice shall arise, not out of the ashes of the past, but out of the standing materials of the living present. Reverence for law as the expression of the popular will is the starting point in a democracy. The maintenance of peace and public order is the joint obligation of the government and the citi- zen. I have an abiding faith in the good sense of the people and in their respect for law and the constituted authority. Widespread public disorder and lawlessness may cause the downfall of constitu- tional government and lead to American intervention. Even after independence, if we should prove ourselves incapable of protecting life, liberty, and property of nationals and foreigners, we shall be exposed to the danger of intervention by foreign powers. No one need have any misgivings as to the attitude of the Government toward lawless individuals or subversive movements. They shall be dealt with firmly. Sufficient armed forces will be maintained at all times to quell and suppress any rebellion against the authority of this Government or the sovereignty of the United States. * DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT 75 There can be no progress except under the auspices of peace. Without peace and public order it will be impossible to promote education, improve the condition of the masses, protect the poor and ignorant against exploitation, and otherwise insure the enjoyment of life, liberty, and property. I appeal, therefore, to every Filipino to give the Government his loyal support so that tranquility may reign supreme in our beloved land. Our Constitution establishes an independent judiciary by provid- ing for security of tenure and compensation of our judges. But in- dependence is not the only objective of a good judiciary. Equally, if not more important, is its integrity which will depend upon the judicious selection of its members. The administration of justice cannot be expected to rise higher than the moral and intellectual standards of the men who dispense it. To bulwark the fortification of an orderly and just government, it shall be my task to appoint to the bench only men of proven honesty, character, learning, and ability, so that everyone may feel when he appears before the courts of justice that he will be protected in his rights, and that no man in this country from the Chief Executive to the last citizen is above the law. We are living today amidst the storm and stress of one of the most tragic epochs of history. Acute unemployment and economic dis- tress threaten the stability of governments the world over. The very foundations of civilized society are shaken. The common man alone can save humanity from disaster. It is our duty to prove to him that under a republican system of government he can have every oppor- tunity to attain his happiness and that of his family. Protection to labor, especially to working women and minors, just regulation of the relations between labor and capital in industry and agriculture, solicitous regard on the part of the government for the well-being of the masses, are the means to bring about the needed economic and social equilibrium between the component elements of society. A government draws the breath of life from its finances, and it must balance its income and expenditures as any other going business concern if it expects to survive. It is my duty, then, to see that the Government of the Commonwealth live within its means and that it stand four-square on a well-balanced budget. The larger expenditures which the grave responsibilities ahead of us will entail, including national defense, must be borne by taxation. So long as we are able to meet those responsibilities from our present income we shall not impose new taxes. But we are among the least taxed people in the world and, therefore, when necessity arises, we should be willing to accept the burden of increased taxation. Liberty and independence can be possessed only by those who are ready to pay the price in life or fortune. To enable us more adequately to meet the new responsibilities of the Commonwealth and to raise the living conditions of our people, we must increase the wealth of the nation by giving greater impetus to economic development, improving our methods of agriculture, di- versifying our crops, creating new industries, and fostering our do- mestic and foreign commerce. I trust that the forthcoming trade conference between representatives of the United States and the Philippines will result in a more just and beneficial commercial rela- tion between the two countries. 76 DOCUMENTS RELATING TO PHILIPPINE GOVERNMENT ! The establishment of an economical, simple and efficient govern- ment; the maintenance of an independent civil service; the implanta- tion of an adequate system of public instruction to develop moral character, personal discipline, civic conscience, and vocational effi- ciency; the safeguarding of the health and vigor of the race; the conservation and development of our natural resources-these and other matters of equal import are touched upon at length in the platform of the Coalition and in my speech of acceptance of my nomination, and it is unnecessary for me to reiterate my views re- garding them. Having been elected on the virtuality of that plat- form and the policies enunciated by me in the course of the presi- dential campaign, I renew my pledge faithfully to carry them into execution. Good will toward all nations shall be the golden rule of my ad- ministration. The peoples of the earth are interdependent and their prosperity and happiness are inseparably linked with each other. Înternation brotherhood and cooperation are therefore necessary. Amity and friendship, fairness and square deal in our relations with other nations and their citizens or subjects, protection in their legiti- mate investments and pursuits, in return for their temporary alle- giance to our institutions and laws, are the assurances I make on be- half of the new Government to Americans and foreigners who may desire to live, trade, and otherwise associate with us in the Philip- pines. : In the enormous task of fully preparing ourselves for independence we shall be beset with serious difficulties, but we will resolutely march forward. I appeal to your patriotism and summon your nobility of heart so that we may, united in the common endeavor, once more dedicate ourselves to the realization of our national des- tiny. I face the future with hope and fortitude, certain that God never abandons a people who ever follow His unerring and guiding hand. May He give me light, strength, and courage evermore that I may not falter in the hour of service to my people! MANILA, November 15, 1935. MANUEL L. QUEZON, President of the Philippines. о UNITED STATES HIGH COMMISSIONER Section 7 (4) of the Philippine Independence Act provides for the appointment of a United States High Commissioner to the Govern- ment of the Commonwealth of the Philippine Islands who "shall be the representative of the President of the United States in the Phil- ippine Islands." The President appointed Hon. Frank Murphy, then Governor General, as the first United States High Commissioner. His ap- pointment was signed by the President on July 12, 1935, he took his oath of office in Manila on November 14 and entered upon the duties of his office immediately upon the completion of the inaugural ceremonies on November 15, 1935. 1 " 1 ! UNIVERSITY OF MICHIGAN 3 9015 03497 0494 **