SALVADOR Araneta called for a re-birth of the Filipino, as one who embodies a new ideal, incorporating into our lives the best of Filipino traditions, the best of Filipino values and the best of our culture.
He devoted Chapter IX of his book, the Bayanikasan Constitution, to explain the need for new set of human values, with a people re-born with a new humanism, and a mix of the best religions of the East as well as our Christian faith.
Under the Bayanikasan Constitution, Araneta calls for a Ministry of Education that includes National Identity and Culture.
A quick look at the Bayanihan Constitution under this Administration is a source of great temptation to run down certain aspects right away. From the beginning, read Article II of the Duterte Federalism. Why am I doing that? Sovereignty is an inalienable right of every citizen. Let us quote Article II Section 1 of the Duterte Federalism:
“Sovereignty resides in the People and all authority emanates from them.”
Sovereignty of the people is mandated in every Constitution that carries the label of a democratic government, a democratic society. With 20 or so persons selected or approved by the President as members of the Consultative Committee, does that make it “by the people, for the people, with the people?” Compound this initial defect with no public discussions and consultations prior to the printing and binding of the draft Constitution.
The proposed Duterte Federalism carries this Preamble:
“We, the sovereign Filipino people, imploring the aid of Almighty God, to build a permanent and indissoluble nation and establish a just, humane, united and progressive society under a government that shall embody our shared idea and aspiration promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy, under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.”
Their Preamble is even more comprehensive than our1987 Constitution, but can they guarantee that they will deliver what they promise?
The questions now are: Who is the Boss? Is it the sovereign people of the Philippines or the people elected by the sovereign people? Is this sovereignty of the people good only on paper but not in practice?
In the 1987 Constitution after telling the people that we are the boss, Article III, lists down our Bill of Rights. After affirming in paper (or is it in theory only?) that we are indeed the sovereign people, and that all authority emanates from us, how then do we intend to build a just and humane society?
How do we intend to build all that is promised in our preamble? How do we become a progressive society? A Constitution is a set of guarantees, not merely a promise.
What is in the Bayanihan Federalism that will dovetail with the following conditions that exist in the country and where seemingly there is no end to: license to kill through extra judicial killings, the inhuman conditions in our prisons, the secret cells, the police brutality, the rounding up of persons and bringing them to cells unfit for human beings with two victims having died for alleged shortness or lack of breath but in reality, they have been tortured.
Under Article III of the 1987Constitution, protection is given to all prisoners, whether they are guilty or not.
Article III Sec. 12 No. 2 – No torture, forced, violence, threat, intimidation, or another means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar other forms of detention are prohibited.
Sec. 12. No. 4 – The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.
Article II, State Policies Section 11 – The State values the dignity of every human person and guarantees full respect for human rights. (To be continued/PN)
