Charter changes

THE PRESENT group of experts is sitting down and banging their heads in their dis cussion of what to touch and what not to touch in the 1987 Philippine Charter.

Debates, arguments and even heated discussion were thrown in on the room to discuss delicate issues and grey areas of the supposed democratic constitution of the Philippines.

From the day it was ratified until this very minute, the debate goes on. The 1987 Constitutionalists would defend their masterpiece but some of them are now rethinking that the grey areas should be in black and white. The Cory administration was very much on cloud 9 when her 1987 draft was ratified. The “Yes, have it” as the opposite of the famous line of former Chief Justice Davide during the Estrada impeachment trial. The 1987 Constitution is the opposite of the 1972 Marcos Constitution and its amendments. It was an answer to the Constitutional dilemmas of the Marcos charter.

However, the great legal minds of the framers of the 1987 Constitution had it at the back of their minds to really make clear the elements of the country. The Constitution should govern the four constituent elements of the state which are territory, people, government, and sovereignty. These are the four topics in the Constitution.

Today, the proposed one will not touch on the territory. Although, we have to talk of global cooperation as to use of territory. We might be misled by the beautiful words and legal terms that would make us agree on the use of Philippine territory by foreign investors. This is already a reality in the present but once it is aesthetically placed in the constitution we might really become a province of somebody else.

People, as also an essential element, define our constitutional rights as Filipinos. We own the Philippines and it is only for us, Filipinos. The non-Filipinos should be foreigners and tourists only. However, the exceptions should stay where one voluntarily adopts a Filipino citizenship for love of the Philippines and not for territorial reasons should and must be welcomed. Also, the Constitutional should be very clear that Filipinos have to be loyal to the Philippines and working and staying in the Philippines must and should be prioritized.

Government is the greatest issue in question. The system is to be changed. Federalism, Filipino style, is proposed. This is where our legal luminaries are banging their heads. Politicians in the group are keen on this.

If the shift of system would mean no elections in 2019, it will be welcome for the politicians, but if it spells an expulsion of present politicians, then this will be on a rough road. The proposed federal system has many, many, many versions, so many that it is now mixed up. All the branches of government have their own version. They no longer understand the true essence of federalism.

The Philippine sovereignty is the one with the greatest problem. It is supplementary and complementary to the issue of the disputed territories.