Philippine E-Journals

The 1934 Constitutional Convention: Significance to Philippine constitutional history

Gonzalo R. Malihan

 

Abstract:

The 1934 Constitutional Convention while deriving its authority from an act of the United States Congress is a milestone in Philippine constitutional history as it was the first time the Filipinos under American rule were allowed to write a fundamental law that would guide them towards autonomy and independence. Previous organic acts had little if any participation among Filipinos in their enactment. The study utilizes the Neo-Institutionalism of MacCormick and Weinberger, which teaches that law and regulations act upon norms, social relationships and social practice. Thus, consensus building, the rule of the majority, and leadership play important roles in decision making in response to social, political and economic conditions. Of the 202 delegates to the 1934 Constitutional Convention, three became Presidents of the Philippines, namely, Laurel, Roxas, and Quirino. A closer study of their contributions, reveals the fundamental philosophy in the drafting of the 1935 Constitution, and how socio-economic, and political considerations played important factors in the resolution of issues in the 1934 Constitutional Convention, taking into account the parameters set by the Tydings-McDuffie Law.