PHILIPPINE LAWS, STATUTES & CODES Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library This page features the full text of 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.  (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. 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.
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 —
(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:
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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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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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.
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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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 robles virtual law library (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 robles virtual law library (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 robles virtual law library
(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 robles virtual law library 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.
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.
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.
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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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.
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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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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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. . Back to Top - Back to Main Index - Back to Home . . |
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