UNDER the Duterte Federalism, Article III, Section 22 (a), both our current constitution and Duterte Federalism Constitution agree that excessive fines shall not be imposed, nor cruel or degrading punishment inflicted as well as the use of substandard penal facilities is prohibited.
But the BIG DIFFERENCE between the Duterte Federalism and the 1987 Constitution is: under the Duterte Federalism, compensation will only be given after a prisoner has been acquitted.
There is no mention of rehabilitation, while under the 1987 Constitution, whether guilty or not, the rule of no torture and other human rights violations apply including penal and civil sanctions for violations of
Article III, Section 12, No. 2, which is against torture, etc. and Section 12, No. 4, states clearly that the law shall provide 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.
The Duterte Federalism promises to deliver a government, “that shall embody our shared ideas and aspirations for the common good…under the rule of law, and a regime of truth, justice, freedom, love, equality and peace…”
But how can this be accomplished without withdrawing the “kill, kill, kill” policy, without correcting hellish conditions in our prisons and police precincts, without giving the lumads and the other cultural communities peace and prosperity and without reducing the power of the President?
While the people of the Cordilleras have been accorded the status of an autonomous region, yet we see with our eyes and read about their impoverished life in our newspapers.
With the harshness of life led by the lumads, with the aerial bombings, with their encounter with big businesses, mining firms and logging firms, as well as with the military, the paramilitary and the NPA hounding them, are the lumads destined to a life of running away instead of a life of peace and contentment? Where is the equality there?
More bad news for the lumads and the environment as the Department of Environment and Natural Resources (DENR) has announced the opening of more areas to mining even before completing their studies on the impact of such a move.
Another reason given is that the DENR has been unable to collect 2.7 billion from mining actives. In other words the lumads and the environment will pay for the incompetence of those tasked to collect. Does the opening of more mining areas make sense? (PDI, Aug. 30, 2018, Marvin Gascon and Karl R. Ocampo)
Is this Duterte Constitution a bunch of empty promises? What the country needs is to address such problems as the abuse of power, committed by those who have it, the greatly exaggerated amount of money spent in every election, the real end of political dynasties, the 1987 Constitution is very clear about the following:
Article II State Policies, Section 26 – “The State shall guarantee equal access to opportunities for public service, and shall prohibit political dynasties as may be defined by law.”
Article VII, Section 3 lists down the prohibition on the President, his spouse, the Vice President and Members of the Cabinet and their Deputies or Assistant; they are ordered to observe certain provisions of this Article and Section.
It goes further to cover the spouse and relatives by consanguinity, or affinity within the fourt civil degree of the President and the Cabinet members, etc. While the Duterte Federalism covers only up to the second degree of consanguinity or affinity.
Under Article XVI, Sec. 5 states that, “All members of the Armed Forces shall take an oath, or affirmation to uphold and defend this Constitution.” This very clearly states that there is no constitutional basis for a military junta.
You don’t know just how much power is in the hands of the sovereign people until you read the 1987 Constitution. We are the David for every Goliath. It is up to us! (To be continued/PN)
