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
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(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 robles virtual law
library
(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 robles
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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
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(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
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(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 robles
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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 robles virtual law library
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 robles virtual law
library
(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 robles
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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 robles virtual law
library
(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 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
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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 robles virtual law library
(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 robles
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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 robles
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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 robles
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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 robles virtual law
library
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 robles virtual law
library
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 robles
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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 robles
virtual law library
