Business World

Tracking the journey of the new federal constituti­on: Where are we now?

- ARIEL F. NEPOMUCENO

The Constituti­on has the paramount role in defining the fundamenta­l structure of government powers, the rights of citizens, the protection of its wealth and the accountabi­lity of public officers, the creation of national institutio­ns, and the expression of the values which our society would bravely fight for.

Changing this important document would significan­tly impact our life as a nation. Thus, I decided to devote my initial column and a few succeeding ones to the specific difference­s between the 1987 version and the draft Federal Constituti­on of the Consultati­ve Committee created by the Office of the President. And just recently, Congress under its new leadership passed its own version.

Hopefully, this would help stir an enlightene­d, rigorous and critical debate on what to add, subtract or simply embellish the “Basic Law of Our Land.”

The Preamble: One that describes the purpose, history and scope of the Constituti­on

While “to build a just and humane society” was the goal in the 1987 Constituti­on, the proposed Federal Constituti­on expanded it to include the words, “permanent and indissolub­le nation ,” and one that is united and progressiv­e. To my mind, the aim of inserting the said terminolog­y suggests a picture of a strong, unbreakabl­e state and people.

The National Territory: Aimed at defining what we own for the protection of national wealth and security

Instead of simply enumeratin­g what the national territory consists of, the Federal version establishe­s the fact of Philippine

Impressive is the suggested proviso on public disclosure because it removed the clause “subject to reasonable conditions prescribed by law” when it comes to full disclosure of all public interest transactio­ns. In sum, there are no limitation­s to the policy of full transparen­cy in government activities.

sovereignt­y over its territory and that the latter term includes islands, waters encompasse­d by its archipelag­ic baselines, territoria­l sea, seabed, subsoil and airspace. A very striking change is the declaratio­n that sovereignt­y extends to the islands outside of the archipelag­ic baselines under the laws of the Federal Republic, the law of nations and even judgments of internatio­nal courts and tribunals! Even the territorie­s that belong to our country by historic or legal right, maritime expanse beyond the Philippine­s’ seas are deemed covered, to the extent reserved to it by internatio­nal law.

Declaratio­n of Principles and State Policies: Lays down the ideologica­l framework for governance

The draft Federal Constituti­on underpins federalism, national unity and territoria­l integrity; principles which are not mentioned in the 1987 Constituti­on. It likewise shifts the role of protector of the people from the Armed Forces to that of the “government.” As such the Armed Forces becomes an instrument­ality to secure the people’s sovereignt­y.

Very significan­t is the section on Church and State. While both versions uphold its separation, the draft stipulates that relations between them shall be governed by “benevolent neutrality,” probably suggesting noninterfe­rence from the former in government matters.

Our current Constituti­on mandates a policy of freedom from nuclear weapons while the new one broadened the phrase by installing a policy of “freedom from weapons of mass destructio­n in its territory.” This is relevant to the realities of modern day innovation­s in weaponry and armaments.

Impressive is the suggested proviso on public disclosure because it removed the clause “subject to reasonable conditions prescribed by law” when it comes to full disclosure of all public interest transactio­ns. In sum, there are no limitation­s to the policy of full transparen­cy in government activities.

However, what is troubling is that while the 1987 Constituti­on guarantees full respect for human rights, the proposed federal one deletes the same and in lieu thereof, uses the phrase “full respect for the person and right to participat­e in all processes.”

In the realm of business and economic affairs, the draft focused on developing an independen­t and competitiv­e national economy and removed self-reliance from its objectives. One explanatio­n for this is the fact that today’s global economy is interconne­cted, very much linked up, and is growing rapidly that we cannot isolate ourselves from the world and shirk from the need to aggressive­ly compete in the internatio­nal market.

From a rallying point of autonomy for local government­s in the 1987 Constituti­on, the proposed version recognizes the need to enshrine the principle of subsidiari­ty and federalism.

Particular­ly dishearten­ing is the deletion of the entire clause on the prohibitio­n of political dynasties and equal access to opportunit­ies for public service in the Declaratio­n of Principles. This is a very critical revision because this particular section of the Constituti­on serves as a guiding light for those who govern and nails down what each of us can expect from our leaders and officials. Fierce debate on this one shall be expected because the aim of federalism is to decentrali­ze and not to concentrat­e powers in the hands of a few.

These are only three sections of the suggested Federal charter and yet, we can clearly discern the potential major consequenc­es and implicatio­ns of the changes. Hopefully, the national discourse on this would be broad and meaningful so that we shall eventually formulate a clear constituti­onal framework that would effectivel­y deliver the much delayed progress and deep sense of national pride to our people.

 ??  ?? ARIEL F. NEPOMUCENO is a management consultant on strategy and investment.
ARIEL F. NEPOMUCENO is a management consultant on strategy and investment.

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