The draft constitution

The proposed draft constitution is composed of a preamble and 22 articles. It will definitely take more than one column to be able to intellectually digest and arrive at a fair conclusion about the proposed constitution. Right now, there are two major areas of debate. The first is whether or not it is the appropriate time to have Charter change.

For those who believe that we need to review or revise the 1987 Constitution, the issue is whether or not it is better to simply amend certain provisions of the 1987 Constitution or whether a new constitution is necessary. This question is what makes federalism as the central issue. For those who favor converting the present structure of government into a federal structure, a new constitution is required. For those who oppose federalism, I suggest that they still read the draft charter because there are certain provisions that are worth proposing as amendments to the 1987 Constitution.

The preponderance of political dynasties has been one of the biggest obstacles to a truly functioning democracy in our country. I have always maintained that the natural inclination of Asian societies, including the Philippines, is the perpetuation of family dynasties in all sectors of society – politics, business, media, and even in many NGOs and religious organizations. It would take a constitutional provision to minimize the existence of family dynasties in politics. The draft charter proposes such a provision:

Article V: Suffrage and Political Rights.

Section 8. The Federal Republic shall guarantee equal access to opportunities for public service and prohibit political dynasties to prevent the concentration, consolidation or perpetuation of political power in persons related to one another.

(a) A political dynasty exists when a family whose members are related up to the second degree of consanguinity or affinity, whether such relations are legitimate, illegitimate, half or full blooded, maintains or is capable of maintaining political control by succession or by simultaneously running or holding elective positions.

(b) No person related to an incumbent elective within the second civil degree of consanguinity or affinity, as described above, can run for the same position in the immediately following election.

(c) Persons related within the second civil degree of consanguinity or affinity as described above are prohibited from running simultaneously for more than one national and one regional or local position. However, in the event that two or more members of the same family are running, the member who shall be allowed to be a candidate shall be determined by the drawing of lots.

(d) The Federal Republic may, by law, provide for additional provisions.

If, for some reason, this draft charter does not become the new constitution, I would strongly advocate that this section on political family dynasties should be made into a law.

The other section that I believe should be made into a constitutional amendment is the portion on the Federal Commission on Human Rights with the following sections: Section 2. The Federal Commission on Human Rights shall have the following powers and duties:

(a) Investigate, on its own or on complaint by any party, all forms of human rights violations, involving, but not limited to, civil, political, socio-economic, cultural, and environmental rights, committed by state and non-state actors.

(b) Recommend the prosecution of state and non-state powers to the proper authority for violation of human rights.

(c) Exercise the power to cite in contempt in accordance with the Rules of Court.

(d) Provide preventive measures and legal assistance to all victims whose human rights have been violated or who may need protection and, in appropriate cases, conduct case build up for prosecution of criminal offense.

(e) Exercise visitorial powers over jails, prisons, or analogous detention facilities: Provided that in case of detention facilities inside military camps, the visitorial power can be exercised only upon the issuance of a court order allowing such.

(f) Establish a continuing program on research, education and information to enhance respect for the primacy of human rights in government and society.

(g) Recommend to Congress legal and effective measures for the protection and promotion of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and to provide for remedies in victims of violations of human rights and their columns.

(h) Monitor the compliance by the Federal and Regional Governments with treaty obligations on human rights.

(i) Grant immunity and establish a witness protection program for persons whose testimony or whose possession of documents or other evidence is necessary to determine the truth in any investigation conducted by it or under its authority.

(j) Coordinate with the Federal and Regional Governments or any of their subdivisions, agencies or instrumentalities, including government owned or controlled corporations, in the performance of its functions, and

(k) Coordinate with, and render capacity building assistance to all human rights agencies.

Section 3. A human rights violation is any violation of the rights guaranteed by the Constitution and by international human rights covenants and treaties to which the Philippines is a party, perpetrated by the State or non-state actors.

This specific provision on human rights gives broader coverage and more powers to the present Human Rights Commission. The provision is also evidence of the influence of several human rights champions in the Commission like former Senate president Nene Pimentel and chief justice Puno.

Another proposal which I strongly advocate is Article VII Section 2 which provides that Senators should be elected by region rather than nationally. This will make the Senate more representative of the Filipino people. Even if the country does not adopt federalism, the nation is already divided into natural regions. In fact, almost all government departments and agencies are managed on a regional basis.

Like most people, there are certain provisions – including the Transitory Provisions – that I have reservations. I will write more about these in my next column. But I believe we should all acknowledge the work and effort that the constitutional commission has exerted in producing this draft charter. Creative writing classes for kids and teens Young Writers’ Hangout on July 21, August 4 and 18 (1:30 pm-3 pm; standalone sessions) at Fully Booked BGC. For details and registration contact 09452273216 or writethingsph@gmail.com. * * * Email: elfrencruz@gmail.com