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Philippines
Wednesday, December 25, 2024

Back to basics

The 1987 Constitution is on its 31st year. This Constitution was written post trauma and as a reaction to the Marcos regime. It aimed to restore democracy, break down the previous form of government, remove vast government powers previously vested only on the President that were unchecked, and establish a fresh start for the next administration.

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Ideally, a Constitution should be lasting and permanent. We must consider that in our situation, the 1987 Constitution was written under circumstances that prevailed at a specific point in time. Three decades after, these circumstances no longer exist. The Constitution now faces issues regarding its relevance, responsiveness and applicability to current times and future needs.

Previous administrations have perceived the need to amend the Constitution and created consultative bodies to change the form of government. These efforts were seen as a way to perpetuate political power. For every bill filed to amend the Constitution, the reaction was the same. The proponents were blamed, perhaps unfairly, of trying to stay in power. Efforts to amend the Constitution did not gain much momentum because of the violent reactions against it. We cannot forever live under the fear of a Marcos repeat.

We have laws that safeguard our democracy and protect our freedoms. The government has established agencies that will ensure the regulation of trade relations and implementation of economic policies; protect public welfare; ensure provision and delivery of public services and goods; maintain peace and order; and compensate the victims of human rights violations.

However, the prevailing economic conditions and development prompt us to take a look at some Constitutional economic provisions. With the influx of foreign investors, there is a need to include in the Constitution the importance of encouraging their entry and participation in certain industries, striking a balance between the need for fresh capital infusion and State regulation. The provision on the exploration, development, and utilization of natural resources is also static in the Constitution, and perhaps a measure of flexibility will be beneficial in this area. These are just some of the provisions which, once amended, would open our economy to more opportunities for growth and better governance.

I am in support of the amendment of the Constitution. To truly move forward and evolve, we must take a serious look at our Constitution and determine if its provisions can provide a lasting framework and solid foundation for a progressive nation, in these fast changing times. I trust that the government shall endeavor on continuing the democracy and freedom currently enjoyed by Filipinos while rebuilding our organic law into one that can withstand the test of time.

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