PRESIDENTS LAUREL, ROXAS, AND QUIRINO: CONTRIBUTIONS TO THE DRAFTING OF THE 1935 CONSTITUTION

Gonzalo R. Malihan

Abstract


Of the 202 delegates elected to the 1934 Constitutional Convention which was tasked to draft a Constitution under the Philippine Independence Act, Jose Laurel of Batangas, Manuel Roxas of Capiz, and Elpidio Quirino of Ilocos Sur subsequently became Philippine Presidents. Catapulted to the highest Philippine government position, their involvement with the 1934 Constitutional Convention established significance to that Convention and its output – the 1935 Constitution. The study aims to find out based primarily on the Constitutional Convention records the contributions and philosophy of Laurel, Roxas and Quirino in the drafting of the 1935 Constitution. It employed historical narrative in the analysis and interpretation of events within MacCormick’s and Weinberger’s Neo-Institutionalism. The study reveals that Laurel stressed constructive conservatism as a guiding principle in the drafting of the Constitution. His most significant contributions were the Bill of Rights and an independent judiciary. Roxas strongly assisted in the stewardship of the proceedings and espoused a Constitution premised on clear-cut political hypotheses. Quirino had minimal participation as he had other concurrent government positions. However, his proposals on the few occasions he participated had a substantial impact on the output of the Convention. Their ideas, statesmanship and wisdom reflected the dynamics of politics within the context of institutional socio-political realities.

Keywords


constitution, bill of rights, drafting, government

Full Text:

PDF

References


Agapalo, R. E. (1992).Jose P. Laurel: National Leader and Political Philosopher, Jose P. Laurel Memorial Corporation. Retrieved on March 16, 2015 from https:// goo.gl/54sb4v.

Araneta, S. (1973). Reminiscences of the 1934 constitutional convention. In A.C. Espiritu (Ed. Philconsa reader on constitutional and policy issues. (pp.110-123). Quezon City: UP Law Center.

Aruego, J. M. (1949). The Framing of the Philippine Constitution. 2 vols. Manila. Retrieved on March 16, 2015 from https://goo.gl/qWOiF5.

Aruego J. M. (1971). Framing of the 1935 constitution. In E. Holman (ed.). Founders of freedom: The history of the three Philippine constitutions. (pp. 194-217). Manila: Roces Foundation

Constantino, R. (1975). The Philippines: A past revisited. Tala Pub. Services. Retrieved on March 16, 2015 from https://goo.gl/nV7zRK.

Cuaderno, M. (1937). The Farming of the Constitution of the Philippines. Philippines Education Company, Incorporated. Retrieved on March 16, 2015 from https://goo.gl/WI6wMT.

De Groot, M. & Vrienlink, M. (1998). Legal theory and sociological facts. Law and Philosophy, 17(3). 251- 270. Retrieved on April 28, 2014 from ttp://www. jstor.org/stable/3504881

Escareal, A.(ed.). (1965). Constitutional convention record, Manila, Philippines, July 30, 1934 to February 8, 19935. Manila: House of Representative.

Forbath, W. E. (1999). Constitutional change and the politics of history. The Yale Law Journal 108(8), 1917-1930. Retrieved June 26, 2010 from http:// www.jstor.org/stable/ 797376.

Gwekoh, S. (1950). Elpidio Quirino: the barrio school teacher who became president. Manila: Fortune.

Hofstadter, R., Miller, W., & Aaron, D. (1959). The American Republic. 2. Since 1865. Prentice-Hall. Retrieved on March 16, 2015 from https://goo. gl/2vqaxG.

Jillson, C. C. & Eubanks, C. L. (1984).The political structure of constitution-making: The federal convention of 1787. American Journal of Political Science, 28(3), 435-458 Retrieved May 6, 2011 from http://www. jstor.org/stable/1960955.

Laurel S. (ed). (1966). Constitutional convention, 1934- 1935. Proceeding of the Philippine 1934-1935. Proceeding of the Philippines constitutional convention, as faithfully reproduced from the personal records kept by Dr. Jose P. Laurel. Manila: Lyceum Press

Lansang, J. A. (1974). Genesis of the constitution. The development of the Philippine constitution. In NMPC (Ed.). Manila: National Media Production Center.

Lichauco, M. P. (1952). Roxas: The Story of a Great Filipino and of the Political Era in which He lived. Kiko Printing Press.

Malcolm, G. A., & Laurel, J. P. (1936). The constitutional law of the Philippines. The Lawyers Cooperative Publishing Company.

Pacis, V.A. (1971). President Sergio Osmeña: a fully-documented bigraphy. 2 vols. Quezon City: Philippine Constitution Association, Araneta University Research Foundation, President Sergio Osmeña Memorial Foundation.

Palma, R. (1953). My autobiography. Manila: Capitol Publishing House.

Quirino, Carlos. (1992). The Laurel story: the life and times of Dr. Jose P. Laurel, President of the second Republic of the Philippines. Manila: Jose P. Laurel Memorial Corporation

Romero, J. (1979). Not so long ago. A chronicle of my life, times, and contemporaries. Quezon City: Central Book Supply.


Refbacks

  • There are currently no refbacks.