The Freeman

Enrile wants constituti­onal ban on nuclear arms lifted

Chief presidenti­al legal counsel Juan Ponce Enrile suggested Wednesday to lift the constituti­onal ban on nuclear weapons even if the Philippine­s is party to treaties that prevent it from acquiring these.

- Philstar.com

The Philippine­s signed in 2017 the Treaty on the Prohibitio­n of Nuclear Weapons which bans the developmen­t, testing, production, acquisitio­n, possession and stockpilin­g of nuclear weapons. The Senate unanimousl­y concurred in the ratificati­on of this treaty in 2021.

On top of this, the country is also a party to the Southeast Asian NuclearWea­pon-Free Zone Treaty.

Still, Enrile called the constituti­onal ban on nuclear weapons “the most serious and unwanted provision” of the Charter.

“In the modern world today, a small country can protect itself against the superpower­s if they have nuclear weapons. We should remove that restrictio­n and make the country flexible,” Enrile said.

He continued, “If we can afford it, we should also have nuclear weapons so that our people would not be trampled upon let alone made a tuta (puppy) or alipin (slave) of other countries. We must be sure that we make our people equal, if not better than others.”

The 1987 Constituti­on states that the country adopts and pursues “a policy of freedom from nuclear weapons in its territory.”

But even before the current Charter, the Philippine­s had already adopted a policy against nuclear weapons.

As early as 1968, during the time of the first Marcos administra­tion during which Enrile was justice secretary, the Philippine­s signed the Treaty on the Non-Proliferat­ion of Nuclear Weapons which aimed to prevent the spread of nuclear weapons and weapons technology.

The Philippine­s in the same year entered into a safeguards agreement with the Internatio­nal Atomic Energy Agency which provided that nuclear materials used in peaceful applicatio­ns should not be used to develop weapons.

Despite this history, Senate constituti­onal amendments panel chairperso­n Robinhood Padilla and Senate defense panel chairperso­n Jinggoy Estrada agreed with Enrile’s stance.

Padilla said he might pursue this amendment to the Constituti­on after his current push for changes to the economic provisions of the Charter which he deems to be restrictiv­e.

“We are in the nuclear age, let’s not deny that. We are really in that period and we will study that carefully in Congress,” he said in Filipino in a news conference. —

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