Constitution Day
By Teodoro M. Locsin
Staff Member

Claro M. Recto and Manuel Roxas, returning from the United States after the approval of the Constitution, were met the Legaspi landing by the Sen. Elpidio Quirino, Secretary of the Interior Teofilo Sison, Speaker Quintin Paredes.

February 7, 1953–ON Feb. 8, 1935, the Constitutional Convention approved, with one dissenting vote, a new constitution. The one dissenting voter was Delegate Tomas Cabili from Lanao; he was of the unshakable opinion that Lanao was sufficiently enlightened and knew enough of democracy’s ways to be given the vote. The delegate from Ilocos Sur, Elpidio Quirino, agreed was Cabili: Lanao should be given to vote. Absolutely. The Cabili motion was defeated, but Lanao was to reward handsomely the man who stood up in support of it 14 years later, in 1949.

The convention vote was 201-to-one for the Constitution.

The near-unanimity was surprising when one considers the composition of the assembly. Among the delegates there were, as one writer pointed out, “blue-blooded nobles from the Moroland, trained intellectuals from world-famous colleges and universities, religious leaders and moral crusaders, political moguls and parliamentary luminaries, eminent educators and outstanding jurists, revolutionary generals and World War veterans, business entrepreneurs and banking magnates, opulent hacenderos and small planters, noted writers and famous orators, wealthy landowners and indigent professionals, and former school teachers and actual university professors.”

The old, familiar figures come back as one goes over the record of the convention. Manuel L. Quezon, then senate president, who welcomed the delegates assembled for the first time in the session hall of the House of Representatives and declared the existence of a quorum: One hundred ninety-nine of the 202 elected delegates showed up the first day, some as early as eight o’clock in the morning, although the session was to begin at 10:30. The American governor general, Frank Murphy, who was expected to make a brief speech but stayed away, as a matter of delicadeza: the Filipinos were about to prepare the fundamental law of their future independent state; he did to want anything he might say to influence in the least the deliberations of the body. Manuel A. Roxas, the delegate from Capiz, seconding the nomination of Jose P. Laurel of Batangas by Manuel Cuenco of Cebu as the temporary chairman of the convention, then discharging “the very pleasant duty of presenting…the distinguished jurist, able lawyer and successful statesman who will preside over your convention, the gentleman from Batangas, the Honorable Senator Recto.” Tomas Confesor of Iloilo, raising a tempest in a teapot and being ignored. Gen. Teodoro Sandiko administering the oath of office to Recto as president of the convention. Gregorio Perfecto being ruled out of order by Recto. Ruperto Montinola of Iloilo and Teodoro Sandiko of Bulacan being elected as first and second vice-president, respectively.

Quezon addressed the convention:

“In the name of the Filipino people and the Philippine Legislature, as well as in my own, I bid you welcome and extend to you the warmest congratulations for your election to this august body.”

He was dressed in a white silk suit with a gray necktie and grayish-striped shirt: trim and erect and engaging—a dandy. He enumerated the steps that led to the holding of the convention:

“On March 24,1934, the Congress of the United States approved Public Act No, 127, 73rd Congress, entitled ‘An Act to provide for the independence of the Philippine Islands, to provide for the adoption of a constitution and form of government for the Philippine Islands, and for other purposes.’ As a condition ‘sine qua non’ for the enforcement of this Act, it was provided that it be accepted either by the Philippine Legislature or by a convention called for the purpose of passing upon that question. On May 1, 1934, the Philippine Legislature, at a special session called by His Excellency the Governor-General, accepted the aforesaid Act and ordered the election of the delegates to the Constitutional Convention, and fixed this date, the 30th of July, 1934, as the date for the delegates to convene in this Hall of the House of Representatives.”

The man who seemed mainly composed of fire, charm and political cunning, whose nature and American justice tried to explain by saying that in him there were two elements, the white and the brown, with the white despising the brown and the brown hating the white, who had made himself the leader of a similarly confused people, whom it was impossible—many said of him—not to love, paused. An eyebrow twitched. The half-shrill, compelling voice went on:

“You have met here in pursuance to the call of the Philippine Legislature to organize yourself as a constitutional convention and to frame and adopt the constitution for the Government of the Commonwealth, as well as for the Government of the Philippine Republic, until such constitution is amended or abrogated by the sovereign will of the people of the Philippine Islands. It is my fervent wish and prayer that your task upon prosperity of the Filipino people will greatly depend be crowned with complete success.”

Genesis

After a quorum had been declared, Bishop Alfredo Versoza of Lipa, Batangas, rose and prayed God to guide the convention. Dr. Laurel was voted temporary chairman by acclamation. He appointed House Secretary Eulogio Benitez as temporary secretary of the convention. Delegate Manuel Briones of Cebu then nominated Claro M. Recto as permanent president of the convention, was seconded by Delegate Cuenco. Recto was elected by acclamation. Then came the election of the two vice-presidents.

It was a time of hope, of blithe optimism. The United States had elected a man president that it was to reelect three times; the American people were recovering from a terrible depression, although millions remained unemployed until war-orders provided them with work. Dictatorship had raised its head in Europe, with millions coming—many of them enthusiastically—under the rule of hysterical or pompous or falsely benign men. The Japanese had taken Manchuria. But the Filipinos, as parochial then in their world view as most Americans, thought that what happened to the rest of the world could not happen to them and happily framed a constitution republican in form and outlawing war as an instrument of national policy. There would be no war, no Bataan and Corregidor, no occupation.

Just in case, however, that there should be—but the possibility was remote—a provision in the charter authorized the government to require the services of every citizen in both war and peace.

Every delegate contributed something to the Constitution—some a little, others more. Jose Lansang, writing in the Philippines Herald, tried to assess the contributions of the various members:

“The provisions on the Executive Power were prepared by Delegate Roxas, using the American constitution and the Jones Law and several contemporary constitutions as guide. President Recto, Delegate Briones, Delegate Roxas and others worked together in the drafting of the article on the Legislative Power.

“The article on the Judicial Power was prepared by Delegate Romualdez after a conference with Chief Justice Ramon Avaceña of the Supreme Court, and…was based on the report of the committee on judiciary, headed by Delegate Vicente J. Francisco….

“The bill of rights…was the one prepared by the committee headed by Mr. Laurel and is based on the English bill of rights, the Declaration of the Rights of Man of France, the American constitution and the Jones Law, with two or three provisions later on inserted by some delegates, the provision against retroactive taxation by Delegate Salvador Araneta and the prohibition of imprisonment for poll-tax delinquents by Delegate Jesus Y. Perez.

“The general provisions…referring to the nationalization of lands were from the report of the committee headed by Delegate Jose C. Locsin, and were based largely on a report of an technical committee headed by Professor Vicente Sinco of the University of the Philippines.”

Delegates Singson-Encarnacion and Cuaderno drafted the provisions on the budget, aided by an experienced auditor, Delegate Domingo Dikit. Delegates Conrado Benitez and Ricardo Nepomuceno had much to do with the provisions on education and citizenship training. The provisions on public contracts and the electoral commission were prepared by Recto, Briones, Cuenco, Roxas, Laurel and Francisco. Delegate Locsin was “identified throughout the history of the convention with movements to secure social justice through the constitution.” State universities were guaranteed academic freedom by amendment of Delegates Conrado Benitez, Manuel Lim, Ricardo Nepomuceno, Rafael Palma, Camilo Osias and others. Delegate Vicente Francisco introduced the amendment on double jeopardy.

The committee responsible for the final phraseology of the Constitution was headed by President Recto, composed of the two vice-presidents, Montinola and Sandiko, and the seven subcommitteemen of the sponsorship committee as ex-officio members (Delegates Filemon Sotto, Manuel Roxas, Vicente Singson-Encarnacion, Manuel Briones, Miguel Cuaderno, Norberto Romualdez and Conrado Benitez). The following also had something to say on the final wording of the supreme law: Delegates Francisco, Hontiveros, Romero, Laurel, Nepomuceno, Palma, Arellano, Lim, Osias, Orense, Reyes, Aruego, Delgado, Perfecto, Conejero, Caram….

Accomplishment

The preamble to the Constitution was drafted by Recto who contributed most, it was generally held, to the Constitution. At the close of the convention, the senate president and future president of the Commonwealth, Manuel L. Quezon, said of the president of the convention:

“It has indeed been a great honor, that which you have conferred upon the Honorable Claro M. Recto, when you elected him as your President. You have given him the opportunity either to make or unmake himself. He was of course preceded by a great reputation as a scholar, as a man of letters, as a jurist, and as a statesman. But we all know that sometimes precisely those with the same qualifications, however well deserved, when faced by the realities of actually dealing with men, are the ones who do not always rise to the demands of the occasion. It is not necessary for me to say whether President Recto has been equal to his task or not. Soon every member of this convention will affix his signature to the Constitution, a document which is historical not only because to frame the fundamental law of the land is in itself historical, but because I confidently hope that this charter will guide our ship of state not only for many generations but for all generations to come. It has been your privilege to make history; and President Recto should be credited with the able leadership of this convention and the golden opportunity to place his talent and his patriotism at the service of his country.”

The president of the convention made his closing speech in Spanish. In substance, in English paraphrase, he said:

The years will pass into nothing; new generations will succeed ours; Time in its course will change our world if not destroy it; humanity, weary of itself and prey to new follies, will again and again throw the treasures of civilization into the flames of new and terrifying wars; but when those who come after us turn their faces to the past and consider what we have done in this convention, I am confident that they will say that we have done nobly, that we have done greatly. And they will not fail to note that the solicitude and the zeal which attended our efforts were not due to any desire for the praise of the present or the plaudits of the future, any wish to see our names in the bronze or marble of perishable glory, but to the desire to realize for our people, through this Constitution, to make that for which an illustrious prelate, pride of the native clergy, prayed God on the day of our inauguration: “A nation of happy people within Thy Kingdom.”

That was 18 years ago.

Confirmation

A mission headed by Quezon and including Recto and Roxas was sent to the United States to secure then President Roosevelt’s approval of the Constitution. The presentation of the draft was made to the American president on March 18. A Quezon joke made the presentation at the time and on the date set possible. Recto thought Roxas had the copy of the Constitution with him when they left for the White House and Roxas thought Quezon had it. “Don’t forget to bring the official copy of the Constitution with you,” President Quezon told Recto jokingly in Quezon’s room in the Shoreham Hotel where the members of the mission had gathered. The official copy was found in the briefcase of Private Secretary Guillermo Cabrera; it would have been left behind but for Quezon’s little joke.

Recto presented the copy to Roosevelt. On March 23, in the presence of Filipino and American officials, President Roosevelt approved the Constitution, congratulated those responsible for it. He called it a “great constitution.” Quezon told the Filipino people about the approval of the law by radiophone, at 1:02 a.m.

“The Constitution is signed!”

That was the signal to start the sirens going. Bells rang, firecrackers exploded, fireworks were lighted. All Manila was awake and cheering.

It was a great and happy day.

It was a great and noble work. The members of the convention had not worked alone, of course. Inspiration, as has been pointed out—from the minds of England, the United States, France. Among the presiding spirits at the convention were those of St. Thomas More, who had envisioned a “Utopia” in which all men would be free and reasonable—this, under the despotism of Henry VIII; the blind Milton, who wrote of earth, heaven and hell, and the reasons for a free press; Thomas Paine, who called it “Common Sense” to be independent and fought for “The Rights of Man” against the “divine right” of kings; Thomas Jefferson.

The Greeks and the Romans were there, and the Jews, the wedding of whose culture with the cultures of Greece and Rome produced the Western World and its concern for the rights of the individual, the soul of man.