Mejorada, Filbert Anthony B.

Introduction to Law & Legal Profession

Bachelor of Laws Atty. Aireen Sison

The American Era and the Commonwealth:

 The Treaty of Paris of December 10, 1898 - This treaty of peace entered into between the US and Spain upon
the cessation of the Spanish- American War. It provided, among others, for the cession of the Philippine Islands
by Spain to the US.
 Upon the establishment of American sovereignty, the political laws of the Philippines were totally abrogated and
Spanish laws, customs, and rights of property inconsistent with the US Constitution and with American principles
and institutions were superseded.

 Organic Laws Operated Under the American Regime:

o US President McKinley’s Instructions of April 7, 1900 - transformed the military into a civil government
as rapidly as conditions would permit. On September 1, 1900, the authority to exercise that part of the
military power of the US President which is legislative in character was transferred from the military
government to the Philippine Commission [first, the Schurman Commission, then, the Taft Commission].
o The Spooner Amendment to the Army Appropriation Bill of March 2, 1901 - provided that all military,
civil and judicial powers necessary to govern the Philippine Islands shall be exercised in such manner for
the establishment of a civil government and for maintaining and protecting the inhabitants in the free
enjoyment of their liberty, property and religion. On July 1, 1901, the Office of the Civil Governor was
created, and the executive authority previously exercised by the military governor was transferred to
the Civil Governor.
o The Philippine Bill of July 1, 1902 - continued the existing civil government, with the commitment from
the US Congress to convene and organize in the Philippines a legislative body of their own
representatives. On October 16, 1907, the Philippine Assembly was convened to sit as the Lower House
in a bicameral legislature, with the Philippine Commission as the Upper House.
o The Jones Law [Philippine Autonomy Act] of August 29, 1916 –
 It superseded the Spooner Amendment and the Philippine Bill of 1902.
 It was the principal organic act of the Philippines until November 15, 1935, when the Philippine
Commonwealth was inaugurated (under the 1935 Constitution).
 It contained a preamble, a bill of rights, provisions defining the organization and powers of the
departments of government, provisions defining the electorate, and miscellaneous provisions on
finance, franchises and salaries of important officials. Executive power was vested in the
Governor General, legislative power in a bicameral legislature composed of the Senate and
House of Representatives, and judicial power in the Supreme Court, the Courts of First Instance
and inferior courts.
o The Tydings-McDuffie Act [Philippine Independence Act] of March 24, 1934
o Authorized the drafting of a Constitution for the Philippines, the establishment of a
Commonwealth Government and, after ten years, independence.

The 1935 Constitution

o Pursuant to the authority granted under the Tydings-McDuffie Law, the Philippine Legislature passed Act No.
4125 (May 26,1934) calling for the election of delegates to the Constitutional Convention.
o Election of delegates: July 10, 1934; Constitutional Convention inaugural: July 30, 1934.
o Draft Constitution approved by the Constitutional Convention on February 8, 1935; brought to Washington on
March 18, 1935, and on March 23, 1935, US President Franklin Delano Roosevelt certified that the draft
constitution conformed substantially to the Tydings-McDuffie Law.
o The Constitution was ratified in a plebiscite held on May 14, 1935.
o The Philippine Commonwealth established under the Constitution was inaugurated on November 15, 1935;
full independence was attained with the inauguration of the (Third) Philippine Republic on July 4, 1946.
o The Constitution was amended in 1939: Ordinance appended to the Constitution, in accordance with the
Tydings-Kocialkowski Act of August 7, 1939 [Resolution of Congress: September 15, 1939; Plebiscite: October
24, 1939]
o It was amended again in 1940: Changed President’s and Vice President’s term from six to four years, but no
person shall serve as President for more than 8 years; changed the unicameral to a bicameral legislature;
established an independent Commission on Elections [Resolution: April 11, 1940; Plebiscite: June 18, 1940]
o Another amendment was adopted in 1947: Parity Amendment, effective July 4, 1949, granting to Americans, for
a period of twenty-five years, the same privileges as Filipinos in the utilization and exploitation of natural
resources in the Philippines [Resolution: September 18, 1946; Plebiscite: March 11, 1947], See: Mabanag v.
Lopez Vito, 78 Phil. 1