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THE
PHILIPPINE INDEPENDENCE ACT (TYDINGS-MCDUFFIE ACT)
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.
THE
PHILIPPINE INDEPENDENCE ACT
(TYDINGS-MCDUFFIE
ACT)
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.
Convention to
Frame
Constitution for Philippine Islands
Section
1. The Philippine Legislature
is hereby authorized to provide for the election of delegates to a
constitutional
convention, which shall meet in the hall of the House of
Representatives
in the capital of the Philippine Islands, at such time as the
Philippine
Legislature may fix, but not later than October 1, 1934, to formulate
and
draft a constitution for the government of the Commonwealth of the
Philippine
Islands, subject to the conditions and qualifications prescribed in
this
Act, which shall exercise jurisdiction over all the territory ceded to
the United States by the treaty of peace concluded between the United
States
and Spain on the 10th day of December, 1898, the boundaries of which
are
set forth in Article III of said treaty, together with those islands
embraced
in the treaty between Spain and the United States concluded at
Washington
on the 7th day of November, 1900. The Philippine Legislature shall
provide
for the necessary expenses of such convention.
Character of
Constitutions
— Mandatory Provisions
Sec.
2. (a) The constitution
formulated and drafted shall be republican in form, shall contain a
bill
of rights, and shall, either as a part thereof or in an ordinance
appended
thereto, contain provisions to the effect that, pending the final and
complete
withdrawal of the sovereignty of the United States over the Philippine
Islands —
(1) All
citizens of the Philippine Islands shall owe allegiance to the United
States.chan
robles virtual law library
(2) Every
officer of the government of the Commonwealth of the Philippine Islands
shall, before entering upon the discharge of his duties, take and
subscribes
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, buildings, and improvements used
exclusively
for religious, charitable, or educational purposes shall be exempt from
taxation.chan
robles virtual law library
(5) Trade
relations between the Philippine Islands and the United States shall be
upon the basis prescribed in section 6.
(6) The
public debt of the Philippine Islands and its subordinate branches
shall
not exceed limits now or hereafter fixed by the Congress 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 Philippine
Government,
its provinces, municipalities, and instrumentalities, valid and
subsisting
at the time of the adoption of the constitution, shall be assumed and
paid
by the new government.
(8) Provision
shall be made for the establishment and maintenance of an adequate
system
of public schools, primarily conducted in the English language.chan
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(9) Acts
affecting currency, coinage, imports, exports, and immigration 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 Legislature of the Commonwealth of the Philippine
Islands
shall be reported to the Congress of the United States.
(12) The
Philippine Islands 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, to
call
into the service of such armed forces all military forces organized by
the Philippine Government.
(13) The
decisions of the courts of the Commonwealth of the Philippine Islands
shall
be subject to review by the Supreme Court of the United States as
provided
in paragraph 6 of section 7. chan
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(14) The
United States may, by Presidential proclamation, exercise the right to
intervene for the preservation of the government of the Commonwealth of
the Philippine Islands 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.
(15) The
authority of the United States High Commissioner to the government of
the
Commonwealth of the Philippine Islands, as provided in this Act, shall
be recognized.chan
robles virtual law library
(16) Citizens
and corporations of the United States shall enjoy in the Commonwealth
of
the Philippine Islands all the civil rights of the citizens and
corporations,
respectively, thereof.
(b) The
constitution shall also contain the following provisions, effective as
of the date of the proclamation of the President recognizing the
independence
of the Philippine Islands, as hereinafter provided:
(1) That
the property rights of the United States and the Philippine Islands
shall
be promptly adjusted and settled, and that 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 Philippine Islands.
(2) That
the officials elected and serving under the constitution adopted
pursuant
to the provisions of this Act shall be constitutional officers of the
free
and independent Government of the Philippine Islands 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 the constitution.
(3) That
the debts and liabilities of the Philippine Islands, 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 Philippine Islands; and that 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 Philippine
Government will make adequate provision for the necessary funds for the
payment of interest and principal, and such obligations shall be a
first
lien on the taxes collected in the Philippine Islands.
(4) That
the Government of the Philippine Islands, on becoming independent of
the
United States, will assume all continuing obligations assumed by the
United
States under the treaty of peace with Spain ceding said Philippine
Islands
to the United States.chan
robles virtual law library
(5) That
by way of further assurance the Government of the Philippine Islands
will
embody the foregoing provisions [except paragraph (2)] in a treaty with
the United States.
Submission of
Constitution
to the President of the United States
Sec.
3. Upon the drafting and
approval of the constitution by the constitutional convention in the
Philippine
Islands, the constitution shall be submitted within two years after the
enactment of this Act to the President of the United States, who shall
determine whether or not it conforms with the provisions of this Act.
If
the President finds that the proposed constitution conforms
substantially
with the provisions of this Act he shall so certify to the
Governor-General
of the Philippine Islands, who shall so advise the constitutional
convention.
If the President finds that the constitution does not conform with the
provisions of this Act he shall so advise the Governor-General of the
Philippine
Islands, stating wherein in his judgment the constitution does not so
conform
and submitting provisions which will in his judgment make the
constitution
so conform.The Governor-General
shall in turn submit such message to the constitutional convention for
further action by them pursuant to the same procedure hereinbefore
defined,
until the President and the constitutional convention are in agreement.chan
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Submission of
Constitution
to Filipino People
Sec.
4. 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.
Such election shall be held in such manner as may be prescribed by the
Philippine Legislature, to which the return of the election shall be
made.
The Philippine Legislature shall by law provide for the canvassing of
the
return and shall certify the result to the Governor-General of the
Philippine
Islands, together with a statement of the votes cast, and a copy of
said
constitution and ordinances. If a majority 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 Philippine
independence,
and the Governor-General shall, within thirty days after receipt of the
certification from the Philippine Legislature, issue a proclamation for
the election of officers of the government of the Commonwealth of the
Philippine
Islands provided for in the constitution. The election shall take place
not earlier than three months nor later than six months after the
proclamation
by the Governor-General ordering such election. When the election of
the
officers provided for under the constitution has been held and the
results
determined, the Governor-General of the Philippine Islands shall
certify
the results of the election to the President of the United States, who
shall thereupon issue a proclamation announcing the results of the
election,
and upon the issuance of such proclamation by the President the
existing
Philippine Government shall terminate and the new government shall
enter
upon its rights, privileges, powers, and duties, as provided under the
constitution. The present Government of the Philippine Islands shall
provide
for the orderly transfer of the functions of government.
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.chan
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Transfer of
Property
and Rights to Philippine Commonwealth
Sec.
5. All the property and
rights which may have been acquired in the Philippine Islands by the
United
States under the treaties mentioned in the first section of this Act,
except
such land or other property as has heretofore been designated by the
President
of the United States for and other reservations of the Government of
the
United States, and except such land or other property or rights or
interests
therein as may have been sold or otherwise disposed of in accordance
with
law, are hereby granted to the government of the Commonwealth of the
Philippine
Islands when constituted.
Relations with
the United States Pending Complete Independence
Sec.
6. After the date of the
inauguration of the government of the Commonwealth of the Philippine
Islands
trade relations between the United States and the Philippine Islands
shall
be as now provided by law, subject to the following exceptions:chan
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(a) There
shall be levied, collected, and paid on all refined sugars in excess of
fifty thousand long tons, and on unrefined sugars in excess of eight
hundred
thousand long tons, coming into the United States from the Philippine
Islands
in any calendar year, the same rates of duty which are required by the
laws of the United States to be levied, collected, and paid upon like
articles
imported from foreign countries.
(b) There
shall be levied, collected, and paid on all coconut oil coming into the
United States from the Philippine Islands in any calendar year in
excess
of two hundred thousand long tons, the same rates of duty which are
required
by the laws of the United States to be levied, collected, and paid upon
like articles imported from foreign countries.
(c) There
shall be levied, collected, and paid on all yarn, twine, cord, cordage,
rope and cable, tarred or untarred, wholly or in chief value of Manila
(abaca) or other hard fibers, coming into the United States from the
Philippine
Islands in any calendar year in excess of a collective total of three
million
pounds of all such articles hereinbefore enumerated, the same rates of
duty which are required by the laws of the United States to be levied,
collected, and paid upon like articles imported from foreign countries.chan
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(d) In
the event that in any year the limit in the case of any article which
may
be exported to the United States free of duty shall be reached by the
Philippine
Islands, the amount or quantity of such articles produced or
manufactured
in the Philippine Islands thereafter that may be so exported to the
United
States free of duty shall be allocated, under export permits issued by
the government of the Commonwealth of the Philippine Islands, to the
producers
or manufacturers of such articles proportionately on the basis of their
exportation to the United States in the preceding year; except that in
the case of unrefined sugar the amount thereof to be exported annually
to the United States free of duty shall be allocated to the
sugar-producing
mills of the Islands proportionately on the basis of their average
annual
production for the calendar years 1931, 1932, and 1933, and the amount
of sugar from each mill which may be so exported shall be allocated in
each year between the mill and the planters on the basis of the
proportion
of sugar to which the mill and the planters are respectively entitled.
The Government of the Philippine Islands is authorized to adopt the
necessary
laws and regulations for putting into effect the allocation
hereinbefore
provided.chan
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(e) The
government of the Commonwealth of the Philippine Islands shall impose
and
collect an export tax on all articles that may be exported to the
United
States from the articles that may be exported to the United States from
the Philippine Islands free of duty under the provisions of existing
law
as modified by the foregoing provisions of this section including the
articles
enumerated in subdivisions (a), (b) and (c), within the limitations
therein
specified, as follows:
(1) During
the sixth year after the inauguration of the new government the export
tax shall be 5 per centum of the rates of duty which are required by
the
laws of the United States to be levied, collected, and paid on like
articles
imported from foreign countries;
(2) During
the seventh year after the inauguration of the new government the
export
tax shall be 10 per centum of the rates of duty which are required by
the
laws of the United States to be levied, collected, and paid on like
articles
imported from foreign countries;
(3) During
the eighth year after the inauguration of the new government the export
tax shall be 15 per centum of the rates of duty which are required by
the
laws of the United States to be levied, collected, and paid on like
articles
imported from foreign countries;
(4) During
the ninth year after the inauguration of the new government the export
tax shall be 20 per centum of the rates of duty which are required by
the
laws of the United States to be levied, collected, and paid on like
articles
imported from foreign countries;
(5) After
the expiration of the ninth year of the inauguration of the new
government
the export tax shall be 25 per centum of the rates of duty which are
required
by the laws of the United States to be levied collected and paid on
like
articles imported from foreign countries.
The
government of the Commonwealth of the Philippine Islands shall place
all
funds received in such export taxes in a sinking fund, and such funds
shall,
in addition to other moneys available for the purpose, be applied
solely
to the payment of the principal interest on the bonded indebtedness of
the Philippine Islands, provinces, municipalities, and
instrumentalities
until such indebtedness has been fully discharged.
When
used in this section in a geographical sense, the term "United States"
includes all Territories and possessions of the United States, except
the
Philippine Islands, the Virgin Islands, American Samoa, and the island
of Guam.
Sec.
7. Until the final and
complete withdrawal of American sovereignty over the Philippine Islands—
(1) Every
duly adopted amendment to the constitution of the government of the
Commonwealth
of the Philippine Islands shall be submitted to the President of the
United
States for approval. If the President approves the amendment or if the
President fails to disapprove such amendment within six months from the
time of its submission, the amendment shall take effect as a part of
such
constitution.
(2) 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 Philippine Islands, which in
his judgment will result in a failure of the government of the
Commonwealth
of the Philippine Islands 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 Philippine Islands, or which in his judgment will
violate
international obligations of the United States.
(3) The
Chief Executive of the Commonwealth of the Philippine Islands shall
make
an annual report to the President and Congress of the United States of
the proceedings and operations of the government of the Commonwealth of
the Philippine Islands and shall make such other reports as the
President
or Congress may request.chan
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(4) The
President shall appoint, by and with the advice and consent of the
Senate,
a United States High Commissioner to the government of the Commonwealth
of the Philippine Islands who shall hold office at the pleasure of the
President and until his successor is appointed and qualified. He shall
be known as the United States High Commissioner to the Philippine
Islands.
He shall be the representative of the President of the United States in
the Philippine Islands and shall be recognized as such by the
government
of the Commonwealth of the Philippine Islands, by the commanding
officers
of the military forces of the United States, and by all civil officials
of the United States in the Philippine Islands. He shall have access to
all records of the government or any subdivision thereof, and shall be
furnished by the Chief Executive of the Commonwealth of the Philippine
Islands with such information as he shall request.
If
the government of the Commonwealth of the Philippine Islands fails to
pay
any of its bonded or other indebtedness or the interest thereon when
due
or to fulfill any of its contracts, the United States High Commissioner
shall immediately report the facts to the President, who may thereupon
direct the High Commissioner to take over the customs offices and
administration
of the same, administer the same, and apply such part of the revenue
received
therefrom as may be necessary for the payment of such overdue
indebtedness
or for the fulfillment of such contracts. The United States High
Commissioner
shall annually, and at such other times as the President may require,
render
an official report to the President and Congress of the United States.
He shall perform such additional duties and functions as may be
delegated
to him from time to time by the President under the provisions of this
Act.
The
United States High Commissioner shall receive the same compensation as
is now received by the Governor-General of the Philippine Islands, and
shall have such staff and assistants as the President may deem
advisable
and as may be appropriated for by Congress, including a financial
expert,
who shall receive for submission to the High Commissioner a duplicate
copy
of the reports to the insular auditor. Appeals from decisions of the
insular
auditor may be taken to the President of the United States. The
salaries
and expenses of the High Commissioner and his staff and assistants
shall
be paid by the United States.
The
first United States High Commissioner appointed under this Act shall
take
office upon the inauguration of the new government of the Commonwealth
of the Philippine Islands.
(5) The
government of the Commonwealth of the Philippine Islands shall provide
for the selection of a Resident Commissioner to the United States, and
shall fix his term of office. He shall be the representative of the
government
of the Commonwealth of the Philippine Islands and shall be entitled to
official recognition as such by all departments upon presentation to
the
President of credentials signed by the Chief Executive of said
government.
He shall have a seat in the House of Representatives of the United
States,
with the right of debate, but without the right of voting. His salary
and
expenses shall be fixed and paid by the Government of the Philippine
Islands.
Until a Resident Commissioner is selected and qualified under this
section,
existing law governing the appointment of Resident Commissioners from
the
Philippine Islands shall continue in effect.chan
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(6) Review
by the Supreme Court of the United States of cases from the Philippine
Islands shall be as now provided by law; and such review shall also
extend
to all cases involving the constitution of the Commonwealth of the
Philippine
Islands.
Sec.
8. (a) Effective upon the
acceptance of this Act by concurrent resolution of the Philippine
Legislature
or by a convention called for that purpose, as provided in section 17:chan
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(1) For
the purposes of the Immigration Act of 1917, the Immigration Act of
1924
[except section 13 (c)], this section, and all other laws of the United
States relating to the immigration, exclusion, or expulsion of aliens,
citizens of the Philippine Islands who are not citizens of the United
States
shall be considered as if they were aliens. For such purposes the
Philippine
Islands shall be considered as a separate country and shall have for
each
fiscal year a quota of fifty. This paragraph shall not apply to a
person
coming or seeking to come to the Territory of Hawaii who does not apply
for and secure an immigration or passport visa, but such immigration
shall
be determined by the Department of the Interior on the basis of the
needs
of industries in the Territory of Hawaii.
(2) Citizens
of the Philippine Islands who are not citizens of the United States
shall
not be admitted to the continental United States from the Territory of
Hawaii (whether entering such territory before or after the effective
date
of this section) unless they belong to a class declared to be
non-immigrants
by section 3 of the Immigration Act of 1924 or to a class declared to
be
nonquota immigrants under the provisions of section 4 of such Act other
than subdivision (c) thereof, or unless they were admitted to such
territory
under an immigration visa. The Secretary of Labor shall by regulations
provide a method for such exclusion and for the admission of such
excepted
classes.
(3) Any
Foreign Service officer may be assigned to duty in the Philippine
Islands,
under a commission as aconsular
officer, for such period as may be necessary and under such regulations
as the Secretary of State may prescribe, during which assignment such
officer
shall be considered as stationed in a foreign country; but his powers
and
duties shall be confined to the performance of such of the official
acts
and notarial and other services, which such officer might properly
perform
in respect to the administration of the immigration laws if assigned to
a foreign country as a consular officer, as may be authorized by the
Secretary
of State.
(4) For
the purposed of sections 18 and 20 of the Immigration Act of 1917, as
amended,
the Philippine Islands shall be considered a foreign country.
(b) The
provisions of this section are in addition to the provisions of the
immigration
laws now in force, and shall be enforced as part of such laws, and all
the penal or other provisions of such laws not applicable, shall apply
to and be enforced in connection with the provisions of this section.
An
alien, although admissible under the provisions of this section, shall
not be admitted to the United States if he is excluded by any provision
of the immigration laws other than this section, and an alien, although
admissible under the provisions of the immigration laws other than this
section, shall not be admitted to the United States if he is excluded
by
any provision of this section.
(c) Terms
defined in the Immigration Act of 1924 shall, when used in this
section,
have the meaning assigned to such terms in the Act.chan
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Sec.
9. There shall be no obligation
on the part of the United States to meet the interest or principal of
bonds
and other obligations of the Government of the Philippine Islands or of
the provincial and municipal governments thereof, hereafter issued
during
the continuance of United States sovereignty in the Philippine Islands:
Provided, That such bonds and obligations hereafter issued shall not be
exempt from taxation in the United States or by authority of the United
States.
Recognition of
Philippine Independence and Withdrawal of American Sovereignty
Sec.
10. (a) On the 4th, day
of July immediately following the expiration of a period of ten years
from
the date of the inauguration of the new government under the
constitution
provided for in this Act the President of the United States shall by
proclamation
withdraw and surrender all right of possession, supervision,
jurisdiction,
control, or sovereignty then existing and exercised by the United
States
in and over the territory and people of the Philippine Islands,
including
all military and other reservations of the Government of the United
States
in the Philippines (except such naval reservations and fueling stations
as are reserved under section 5), and, on behalf of the United States,
shall recognize the independence of the Philippine Islands as a
separate
and self-governing nation and acknowledge the authority and control
over
the same of the government instituted by the people thereof, under the
constitution then in force.chan
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(b) The
President of the United States is hereby authorized and empowered to
enter
into negotiations with the Government of the Philippine Islands, not
later
than two years after his proclamation recognizing the independence of
the
Philippine Islands, for the adjustment and settlement of all questions
relating to naval reservations and fueling stations of the United
States
in the Philippine Islands, and pending such adjustment and settlement
the
matter of naval reservations and fueling stations shall remain in its
present
status.
Neutralization
of Philippine Islands
Sec.
11. The President is requested,
at the earliest practicable date, to enter into negotiations with
foreign
powers with a view to the conclusion of a treaty for the perpetual
neutralization
of the Philippine Islands, if and when the Philippine independence
shall
have been achieved.
Notification to
Foreign Governments
Sec.
12. Upon the proclamation
and recognition of the independence of the Philippine Islands, the
President
shall notify the governments with which the United States is in
diplomatic
correspondence thereof and invite said governments to recognize the
independence
of the Philippine Islands.chan
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Tariff Duties
After
Independence
Sec.
13. After the Philippine
Islands have become a free and independent nation there shall be
levied,
collected, and paid upon all articles coming into the United States
from
the Philippine Islands the rates of duty which are required to be
levied,
collected, and paid upon like articles imported from other foreign
countries:
Provided, That at least one year prior to the date fixed in this Act
for
the independence of the Philippine Islands, there shall be held a
conference
of representatives of the Government of the United States and the
Government
of the Commonwealth of the Philippine Islands, such representatives to
be appointed by the President of the United States and the Chief
Executive
of the Commonwealth of the Philippine Islands, respectively, for the
purpose
of formulating recommendations as to future trade relations between the
Government of the United States and the independent Government of the
Philippine
Islands, the time, place, and manner of holding such conference to be
determined
by the President of the United States; but nothing in this proviso
shall
be construed to modify or affect in any way any provision of this Act
relating
to the procedure leading up to Philippine independence or the date upon
which the Philippine Islands shall become independent.
Immigration
After
Independence
Sec.
14. Upon the final and
complete withdrawal of American sovereignty over the Philippine Islands
the immigration laws of the United States (including all the provisions
thereof relating to persons ineligible to citizenship) shall apply to
persons
who were born in the Philippine Islands to the same extent as in the
case
of other foreign countries.chan
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Certain
Statutes
Continued In Force
Sec.
15. Except as in this Act
otherwise provided, the laws now or hereafter in force in the
Philippine
Islands shall continue in force in the Commonwealth of the Philippine
Islands
until altered, amended, or repealed by the Legislature of the
Commonwealth
of the Philippine Islands or by the Congress of the United States, and
all references in such laws to the government or officials of the
Philippines
or Philippine Islands shall be construed, insofar as applicable, to
refer
to the government and corresponding officials respectively of the
Commonwealth
of the Philippine Islands. The government of the Commonwealth of the
Philippine
Islands shall be deemed successor to the present Government of the
Philippine
Islands and of all the rights and obligations thereof. Except as
otherwise
provided in this Act, all laws or parts of laws relating to the present
Government of the Philippine Islands and its administration are hereby
repealed as of the date of the inauguration of the government of the
Commonwealth
of the Philippine Islands.chan
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Sec.
16. If any provision of
this Act is declared unconstitutional or the applicability thereof to
any
person or circumstance is held invalid, the validity of the remainder
of
the Act and the applicability of such provisions to other persons and
circumstances
shall not be affected thereby.chan
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Effective Date
Sec.
17. The foregoing provisions
of this Act shall not take effect until accepted by concurrent
resolution
of the Philippine Legislature or by a convention called for the purpose
of passing upon that question as may be provided by the Philippine
Legislature.chan
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Approved:
March
24,1934.
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