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Opinion

What’s in a name?

FROM A DISTANCE - Carmen N. Pedrosa -
Fireworks began early at the Concom on what seemed a very harmless topic. What should we call the revised Constitution? As the chair, Professor Jose ‘Pepe’ Abueva put it, we should retain its name "The 1987 Constitution" and we should merely add the word Revised. "This" he said will give us a sense of the continuity of our constitutional democracy which began with the 1935 Constitution. It is his opinion that it was destroyed by Marcos when he ruled under an authoritarian regime. Governor Pedro Romualdo of Camiguin objected saying that 1987 was a ‘hate’ constitution and it would not help unify the country, with the framers so engrossed that military dictatorship ‘should never happen again.’

As a vanguard in the protests against the Marcos regime abroad, I agree with Pepe on preserving the continuity of our constitutional democracy, but I could also understand that Gov. Romualdo’s point which reflects the view of other Filipinos. Perhaps the way out of the impasse is to simply call it "The Philippine Constitution" just as the French Constitution and the American Constitution are referred to regardless of amendments and revisions made through the years. That reinforces our identity as a united nation with a dynamic and vibrant constitution.

I would have added more comments to my proposal for a less contentious name for the Constitution but quite rightly the debate ended there. Calling the Constitution through the year and context i.e. 1935 Constitution, 1973 Constitution, etc. (we have had five for the last 70 years, according to the Abueva book) makes us even more confused about our identity.

Moreover, I regret I prefaced my remarks by citing other countries’ constitutions to drive my point. After all, constitutions by their very nature should spring from the soil of our identity and history. Calling our constitution simply "The Philippine Constitution" would be all-inclusive name and would be a unifying document and firmly anchored to our history. It may have gone through revision or even more drastic upheavals (Marcos regime, Japanese occupation) but it remains ‘The Philippine Constitution.’ That neatly avoids the sensitivities of those who may feel affronted by its revision.

To Professor Abueva’s list of the different Philippine constitutions from 1935 to 1987, I would add the Malolos Constitution. As one impatient reader of this column told me, why not just restore the Malolos Constitution? Instead of talking about Charter Change, why not just restore the original Malolos Constitution since it was written by our founding fathers after the war of independence against the Spaniards. I might add if we accepted changing our Independence Day from July 4 to June 12, then we can justify calling our constitution as The Malolos Constitution. After all, it was our first constitution (by the way our founding fathers even then were already opting for parliamentary government.) That was because the origins of our political awakening came from Europe, not the US. Again, Malolos is dated, not as timeless if we simply referred to it as "The Philippine Constitution."

At a later date perhaps, all previous constitutions can be reconstructed to add to the present Constitution as addenda to demonstrate our vigor as a nation and our capacity to rise up to new challenges.
* * *
Cory has no reason to feel slighted by any effort to revise the Constitution which was made in the wake of the 1986 People Power Revolution. She will always be the symbol of that revolution. She should be elated. Her contribution to our nationhood remains enshrined in the Philippine Constitution, whatever revisions are made now or hereafter. No one can change that. Indeed, it can be said that whatever revisions we do today to make our nation more attuned to the times, merely continues her legacy when she took the mantle of responsibility after the martyrdom of Ninoy. Her friends should tell her that.
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Our mandate as a consultative constitutional commission is clear. We have been appointed to study and deliberate proposals to shift the country from a presidential government with a unitary structure to parliamentary federal government. We are reminded time and again to keep to three areas for amendment, review of government form, re-focusing its economic provisions and other political reform. I wish Cory could attend some of the meetings taking place so she can see for herself. The overriding motive remains just as it had been in her time and that of our founding fathers – to strengthen our nation and to preserve the institutions we bequeath to future generations.

The desire for constitutional amendments is matched only by the desire to preserve the best of the 1987 Constitution.
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MISCELLANY. "Little things mean a lot’ when we begin a new life in the age of the end of oil. We can start by looking at how we can live without depending on oil. That was a welcome sight with both President Arroyo, Metro Manila Development Authority Chairman Bayani Fernando and QC Mayor Feliciano Belmonte Jr. at the opening of the ‘Metro Padyakan’ bike lane and walkway project at Katipunan Avenue and Esteban Abada street in Xavierville Subdivision, Quezon City. It is a modest start and a good way to be ready when biking becomes necessary even in our main thoroughfares. Imagine bicycles instead of buses in EDSA. For one thing, we can breathe easier with less pollution. Is that so bad?

Speaking of oil, Arab and Filipino business groups meet today in Riyadh, Saudi Arabia to follow up initiatives from both sides a few months ago. The Filipino group is headed by Oscar de Venecia, vice-chairman of International and Trade Relation of the Philippine Chamber of Commerce and Industry.
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I hope the Pasig ferry project takes off and that it is not just a press release. This system would enhance travel and lessen the pollution in our main thoroughfares especially EDSA. One of the nicest things about Hongkong is its Kowloon-Hongkong ferry. If I remember right we had some kind of ferry system already operating but it did not take off because of the stench coming from the Pasig River. The Pasig Ferry would have to be developed in tandem with cleaning up the Pasig,

Well, these days we may have no choice with zooming cost of oil and the unbearable fumes from the zillion buses piled on top of each other in EDSA. With the Pasig Ferry Service we would have an alternative mass transport to and from key points all over Metro Manila. Like the metro stations in France, the ferry system will have attractive stations with landmarks to encourage commuters as the planned Plaza Mexico station will have historic architecture.
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My e-mail is [email protected]

vuukle comment

ABUEVA

ARAB AND FILIPINO

CALLING THE CONSTITUTION

CENTER

CHARTER CHANGE

CONSTITUTION

FRENCH CONSTITUTION AND THE AMERICAN CONSTITUTION

MALOLOS CONSTITUTION

PHILIPPINE CONSTITUTION

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