Week 13
Week 13
Week 13
rights.
Meaning and Importance of the Constitution
"Most modern constitutions delineate the (What is a constitution? n.d.)
foundational principles of the state, (Constitution: Why the Constitution Is
government structures, procedures, and the Important, n.d.)
fundamental rights of citizens within a
Direct Quote:
superior legal document that ordinary
legislative measures cannot unilaterally alter." "Reasons why the Constitution is
Generally, this higher law is referred to as the important:
Constitution.
These points will help answer why the
The content and nature of a particular Constitution is important.
constitution and its relation to the rest of the
legal and political order vary considerably 1. The Constitution is an embodiment:
among countries. Constitution has no The Constitution is a written
universal and uncontested definition." (What is instrument that embodies the rules of a
a constitution? n.d.) political or social organization. These
rules and regulations lay down the base
However, most widely recognized of the nation so that it can run without
definitions of a constitution would incorporate any issue or dispute; in case any
the following traits: problem occurs in the legal and
governmental sectors or between the
A constitution comprises fundamental
masses of the country and the
legal and political regulations that:
judiciary, these provisions will help the
1. Apply to all individuals within the country to get through this phase
state, including regular legislative where a regular threat of a civil war
bodies. breakdown which is the last thing any
2. are concerned with the structure and country can want to experience exists.
operation of the institutions of 2. The Constitution serves as the
government, political principles, and foundational framework for any
citizen rights; government, encompassing the legal
3. are based on widespread public and cultural norms that govern the
legitimacy; country's populace and its institutions,
4. are more challenging to modify especially when international
compared to regular laws, requiring organizations involve themselves in
specific conditions like a two-thirds domestic affairs. It establishes three
majority vote or a referendum), and primary branches of government: the
5. meets the internationally recognized executive, legislative, and judicial
criteria for a democratic system branches. The three branches of
government are the sources of stability
of any country; without them, the only their well-being and dignity. The
things that will rise are terror and Constitution helps the country's
corruption among the masses. people avail themselves of all the basic
3. The Constitution governs the power rights they deserve. Several examples of
distribution: The Constitution defines the most basic rights protected by the
the powers of each branch and lets Constitution are the right to life, the
everyone related to a country know the right to freedom, the property right,
powers that the governmental and legal and the right to participate freely in the
bodies have. The Constitution restricts democratic system.
the responsibilities of each party, 7. Power transfer at the time of national
whether it is a governmental emergency: The Constitution is an
institution, companies of the country, extremely important document for a
or the nation's masses. The country because it controls power
Constitution regulates the relationship transfer during national emergencies.
between the government and the By national emergencies, we refer to a
people so that no one party can treat disaster that can wipe out several parts
the power in any way possible. of the nation or damage any part of the
4. Apex body: A constitution is superior nation in an extremely severe manner,
to all the laws of the country, which civil war breakdown, etc.
indicates that it passes down any law or
provision circulated in the nation. Thus, this section answers why the
Every law that the government enacts Constitution is important. The Constitution is
has to be conventional with the the nation's spine; we should respect its
Constitution, indicating that no existence and dignity while ensuring that each
individual or legal body will be able to citizen follows its rules and provisions.”
speak upon it; otherwise, it will not
Evolution of the Philippine Constitution
maintain its strength and will fall, and
so will the nation. Since declaring independence on June 12,
5. Goals of a country: The Constitution 1898, the Philippines has undergone six
lays down the national goals of any constitutional revisions. The Malolos
country; by nation goals, we refer to Constitution, crafted in 1899, was the
any aspiring objective that a country country's first Constitution and the first
has. Given that every country has republican Constitution in Asia. It was
several points, the Constitution will adopted by the First Philippine Republic and
help reach goals such as democracy, existed from 1899 to 1901.
secularism, socialism, and national
integration. Direct Quote
6. Basic rights: A country's Constitution "During the American Occupation, the
guarantees several rights and provisions Philippines were governed by the laws of the
for any individual or group of people, United States of America. The United States
on behalf of which they can ensure Congress passed organic acts for the
government of the Philippine Islands' year tenure to a four-year term, allowing the
administration. The initial organic law was the possibility of re-election for a second term.
Philippine Organic Act of 1902, establishing a
Philippine Assembly of Filipino citizens. The During World War II, the Japanese-
subsequent organic legislation, the Philippine sponsored government nullified the 1935
Autonomy Act of 1916, marked the first Constitution and appointed the Preparatory
commitment to Philippine independence. Committee on Philippine Independence to
These statutes functioned as the Philippines' replace it. The 1943 Constitution was used by
governing frameworks from 1902 to 1935. the Second Republic, with Jose P. Laurel as the
President.
In 1934, the United States Congress
approved the Philippine Independence Act, After the Philippines was liberated in
which outlined the guidelines for forming a 1945, the 1935 Constitution was reinstated. It
constitution for the Philippines. This remained unchanged until 1947, when the
legislation required the Philippine Legislature Philippine Congress initiated its amendment
to organize an election to choose delegates for a through Commonwealth Act No. 733. On
constitutional convention tasked with drafting March 11, 1947, the Parity Amendment gave
the country's Constitution. The 1934 US and Filipino citizens equal rights to develop
Constitutional Convention was finished on natural resources and operate public utilities in
February 8, 1935. This Constitution was the country. The Constitution remained the
submitted to the President of the United States same until the declaration of martial law on
for certification on March 25, 1935. This September 23, 1972.
Constitution was created by the Philippine
Before President Marcos declared Martial
Independence Act of 1934. The Filipino
Law, a constitutional convention was already
people ratified the 1935 Constitution through
deliberating on whether to amend or revise the
a national referendum on May 14, 1935, and
1935 Constitution.”
took effect on November 15, 1935, with the
inauguration of the Commonwealth of the (During the American Occupation, the
Philippines. Among the provisions of the 1935 Philippines were, n.d.)
Constitution was the clause stating that it
would remain the Constitution of the Direct Quote:
Philippines once independence was granted on "This convention finished its work and
July 4, 1946. submitted it to President Marcos on December
1, 1972. President Marcos submitted it for
In 1940, the National Assembly of the ratification in early January of 1973. Foreseeing
Philippines changed the 1935 Constitution. that a direct ratification of the Constitution
These changes transformed the unicameral was bound to fail, Marcos issued Presidential
assembly into a bicameral congress. Decree No. 86 s. In 1972, citizens' assemblies
Additionally, the amendment altered the were created to ratify the newly drafted
President's term from a non-extendable six- Constitution using a viva voce vote instead of
secret ballots. Marcos announced that it had
been ratified and would take effect on January
17, 1973. Although the 1973 Constitution had
been "ratified" in this manner, opposition Issues and Challenges
against it continued. Chief Justice Roberto V. Issues:
Concepcion, in his dissenting opinion in the
● Economic development – how do
case of Javellana v. Executive Secretary,
we ensure economic growth
exposed the fraud that happened during the
benefits low-income people?
citizen’s assembly ratification of the 1973
● How can we guarantee diversity
Constitution on January 10–15, 1973.
and protect the rights of religious
However, the final decision on this case was
and ethnic minorities?
that the ratification of the 1973 Constitution
● Power deconcentration – how do
was valid and in effect.”
we reduce the considerable power
(The Government of the Philippines, n.d.) of the political and economic
elites and give actual power to the
When democracy was restored in 1986, people?
President Corazon C. Aquino issued ● Better governance – how to
Proclamation No. 3, suspending certain increase the effectiveness of the
provisions of the 1973 Constitution and government in meeting the
promulgating a transitory constitution. A nation’s aspirations?
month later, President Aquino issued ● Spreading growth – how can we
Proclamation No. 9, s. 1986, which created a even have regional development?
constitutional commission tasked with writing
a new charter to replace the 1973 Constitution. Challenges:
The commission finished its work at 12:28 Corruption encompasses inadequate law
a.m. on October 16, 1986. The National enforcement and a justice system that's not
Plebiscite was held on February 2, 1987, working well. Public officials lack transparency
ratifying the new Constitution. On February and aren't held accountable. There's a stark
11, 1987, under Proclamation No. 58, divide between the wealthy few and the
President Aquino announced the official impoverished many. Vulnerable groups like
canvassing of the results and ratification of the women, children, minorities, journalists, and
draft constitution. The 1987 Constitution activists face insufficient protection of their
finally came into full effect on the same day, rights—the military's involvement in political
with the President, other civilian officials and matters and the Muslim insurgency in
Armed Forces members swear allegiance to the southern Mindanao further compound these
new charter. This Constitution is considered issues.
the "Freedom Constitution" because it
embodies and safeguards liberty rights and
what is due in all aspects.
WEEK 14
Malolos Constitution (1899) Malolos Constitution
On July 18, 1898, Emilio Aguinaldo For the first time, representatives of the
issued a decree requesting the election of Filipino people produced the Constitution,
delegates to the revolutionary Congress, which was also Asia's first republican
followed five days later by another decree Constitution, led by Felipe Calderon and
proclaiming that Aguinaldo would select the assisted by Cayetano Arellano. The
congress representatives because elections were Constitution was influenced by Mexico's,
not feasible at the time. Fifty delegates were Guatemala's, Costa Rica's, Brazil's, Belgium's,
appointed by Aguinaldo (but this number and France's constitutions. After several minor
fluctuated from time to time). On September changes (mainly due to Apolinario Mabini's
15, 1898, Aguinaldo convened the concerns), the final text of the Constitution
Revolutionary Congress at the Barasoain was presented to Aguinaldo, paving the way
Church in Malolos, Bulacan, in compliance for the foundation of the first Philippine
with the two decrees. Republic.
Bishop Teodoro Bacani, former Supreme "Do you vote for ratifying the proposed
Court Chief Justice Roberto Concepcion, a Constitution of the Republic with the
former Labor Minister who later became a ordinance appended to it?" the voters were
Senator and Foreign Affairs Secretary named asked.
Blas Ople, Father Joaquin Bernas SJ, who
served as the President of Ateneo De Manila The following are the results of the 1987
University, and the former Chairperson of the referendum, as determined by the Commission
University of the Philippines Student Council, on Elections, based on returns from 83,288
now recognized as Connie, were members of precincts and 21,785,216 votes cast
the 48-person assembly during the 1986 throughout the Philippines:
ConCom.
TERRITORY: To span five provinces in the The first constraint is time. The
south, as well as two cities, six towns, and 39 government linked the transitional period to
villages, accounting for nearly 10% of the the conclusion of the presidential term in May
Philippines’ total land area (the Philippines 2016 during the Framework Agreement
signs historic peace pact with Muslim rebels, negotiations in 2012 (Mindanao Peace Process,
n.d.). n.d.). However, the negotiating teams need
help with the agreed-upon negotiation and
ENABLING LAW: By the end of the year, implementation schedule. As a result, the
Aquino will seek parliament to enact a parties will need to agree on a longer
“Bangsamoro Basic Law” for the autonomous implementation period (Philippine Peace
region (the Philippines signs a historic peace Process in Mindanao: n.d.).
pact with Muslim rebels, n.d.).
The delay is a shared responsibility. On
PLEBISCITE: In a referendum in 2015, the one hand, the insurgency needs more
people living in territories to be included in the qualified and trustworthy people to shoulder
autonomous region must ratify the law (the all transitional obligations. On the other hand,
Philippines signs a historic peace pact with the government negotiating team needs more
Muslim rebels, n.d.). buy-in for the agreement and its
implementation by other parts of the
TRANSITIONAL AUTHORITY: After the bureaucracy (Peace Process In Mindanao,
referendum approves and ratifies the basic law, n.d.).
the territory will be governed by a 15-member
"Bangsamoro Transition Authority" until a At the same time, Congress has been
regional parliament is elected. The members of postponing the passage of the peace
the transitional authority are appointed by agreements into law even though the judiciary
Aquino, although the MILF will have a must still determine if they are constitutional
(Peace Process In Mindanao, n.d.). These state
institutions will likely raise issues that further groups also proliferate. These armed groups
block the implementation of the agreements can be classified into three categories: a MILF
that have been signed. breakaway group that is skeptical about the
government's political commitment (e.g., the
In the Philippines, prejudice against Bangsamoro Islamic Freedom Fighters),
Muslims, a heritage from the colonial period, extremist cells that are linked to international
still runs deep. extremist violence (e.g., Abu Sayyaf and
Jemaah Islamiyah), and ordinary criminal
With less than a year until the
organizations.
country's presidential and legislative elections
(May 2016), "several important politicians and Other challenges are inherent in
media outlets are shifting to populist language transitioning from conflict to peace (Peace
to agitate public sentiment against the peace Process In Mindanao, n.d.). In addition to
process," according to the report. (Peace political will, the government must prove its
Process In Mindanao, n.d.) capacity to transform words into deeds, which
has historically proven challenging. In parallel,
Even among political actors with good
the insurgency requires a radical paradigm shift
intentions, a lack of knowledge about the
from a semi-clandestine military structure to a
Muslim population's social, political, and
social and political movement, a terrain with
cultural reality, particularly the insurgency,
limited experience and at a disadvantage
results in faulty diagnoses and wrong
compared with established political actors.
responses. “Previous governments have linked
the Moro problem to poverty and economic Several arrangements that will most
marginalization, ignoring the importance of likely figure in the discussions on political
identity and esteem parity. The insurgency has systems include any or a mix of the following:
been unable to establish a political discourse
that can be understood and supported by the 1. A structure separation from the
entire population. The peace negotiators only existing political system for the
demolished some of these erroneous development of MILF communities;
imaginaries after painstaking discourse, but the integration of MILF troops into the
Christian and Muslim parts of society still fear Armed Forces of the Philippines or the
each other.” (Peace Process In Mindanao, n.d.) Philippine National Police; and
strengthening institutions for
The rise of armed groups is the most “personal autonomy,” such as Islamic
serious security issue (Peace Process in education and Sharia law.
Mindanao, n.d.). One explanation is that in the 2. Areas constituted as special zones, such
Philippines, possessing guns is legal as long as a as Swiss cantons, where Muslims can
person is at least 21 years old and passes a exercise a high degree of self-
background check before being awarded a determination.
Possession License. Meanwhile, successive 3. A new and expanded autonomous
governments still need to disband paramilitary region with additional powers.
groups run by local politicians. Other armed
4. A Muslim state under the federal to insulate it from any group or
system of government. party's partisan and personal
5. An independent state where Muslims interests.
are the majority.
Conclusion
WEEK 17
LOCAL HISTORY
The following components of the peace Local history is the study of history in a
process must be strengthened: local context, emphasizing events that shaped a
local community, such as persons or specific
● Both sides must build a national locales in a village or town. These events could
consensus on the roadmap agreed be examples of movements, battles, births, and
upon during the negotiations by deaths (3 Reasons Why Local History Matters,
conducting additional n.d.).
consultations on the issues
discussed in the negotiations. The No matter how different you are, you
government must reach out to the have a shared history in the city where you live.
leaders of the Christian majority, Below are the three reasons local history is
particularly members of Congress important for our community (3 Reasons Why
and local officials. The MILF Local History Matters, n.d.).
must reach out to the MNLF and
traditional Muslim leaders. 1. Shared Experiences are Depicted in Local
● Christian and Muslim religious History
leaders must lead in rallying their As we learn more about notable people or
people to support the peace sites in our city from years past, we discover
process. The bishop-Ulama that those citizens raised children, worked hard
Forum, a conference of Christian to make a living, relocated to a new country, or
and Muslim religious leaders in had an entrepreneurial spirit they used to start
the Philippines, must be actively a business. We can often visit conserved
involved in harnessing this historic landmarks within a city as we learn
support. about these shared experiences. These well-
● The government and MILF must preserved sites can be used to get firsthand
provide strong and effective accounts from persons who lived in the
mechanisms for the neighborhood decades or centuries ago (3
implementation of the peace pact. Reasons Why Local History Matters, n.d.).
A neutral third party must be
present to oversee faithful 2. The Human Condition Can Be Learned
compliance of Manila and the through Local History
MILF with the terms of the Records of families and people who
agreement directly. settled in the city centuries ago can be found in
● Funding for implementation local history museums. Personal letters, papers,
must be identified and allocated and images of people, businesses, and events
that affected the city’s history are also included unrepresentative and limited is the motivation
in these records. These archives provide behind the need to establish local history.
detailed information on how people lived Filipino people's history is mostly Central
decades or centuries ago. Museum exhibits Luzon's, particularly that of the Tagalogs.
show these records and help visitors cultivate Important events and developments, including
empathy and a deep understanding of the personalities, are addressed only briefly and
circumstances and concepts surrounding an completely neglected at worst, especially in the
event or life at a certain time (3 Reasons Why Visayas and Mindanao. In this regard, the
Local History Matters, n.d.). result is a misrepresentation of Philippine
history by failing to fully account for the
3. Local History Museums Are Centers for inherent differences in historical and cultural
Learning experiences of various ethnic groups in various
Local history comes alive in museums and geographical areas throughout the country
historical societies. We create learned (The Importance of Local History in
connections when guests can read, visit a Philippine History, n.d.).
historic place, look at an artifact, appreciate
images, or study real documents. Museums Historians, Filipino and foreign, are not
provide extra information not present in altogether to be blamed for the kind of
classrooms and object-based learning that gives Philippine histories they have come up with.
touchable looks into the past beyond what a The issue stems from Philippine
single textbook can provide (3 Reasons Why historiography, which was bound by the severe
Local History Matters, n.d.). constraints of Western criteria or norms (e.g.,
historical writing has to be based on written
Importance of Local History in Philippine sources). As the phrase goes, "Without a
History document, there is no history." Primary
Many Filipino laypeople need more resources were the only ones regarded as
interest in or understanding of Philippine reliable, even when using written sources. As a
history. An inadequate historical background result, national historians' work is severely
and a general propensity on the side of the limited by the need for written resources
people to be less mindful of the value of the produced by Filipinos in their communities.
past in their present life may have caused this As a result, any information they have
phenomenon (The Importance of Local absorbed into Philippine history has come
History in Philippine History, n.d.). Such from colonial sources, which are seen as
ignorance or apathy may have also resulted discriminatory." (The importance of local
from the absence of materials, especially on history in Philippine history, n.d.) Hence,
local history, which is close to the hearts and national historians have been handicapped by
minds of the people. this adherence to a generally accepted historical
approach, which offers limited information
It is impossible to overestimate the
and undertakes for a people whose view of
importance of local history in comprehending
their history and struggles is perhaps primarily
and writing our national history. The
found in their oral literature.
realization that Philippine history is
The nation comprises its parts, which individuals better understand and appreciate
include regions, provinces, cities, and their national experience and heritage as
municipalities, and the nation's history must Filipinos (The Importance of Local History in
be the sum of its parts' histories. No town, only Philippine History, n.d.).
province, exists without the withed and vice
versa. National history can only be understood LOCAL HISTORICAL SITES
in the context of local history. Interest in The Philippines is a country with a rich
studying and comprehending Philippine cultural and historical heritage. Listed below
history largely depends on one's appreciation are several historic shrines and monuments
of the history of one's hometown (The from around the archipelago that serve as
Importance of Local History in Philippine reminders of the country's rich culture and
History, n.d.). history.
Every occasion has a Kalinga dance with a Palawan's kulilal and bagit traditions
series of graceful movements performed to the reflect humans' intensely poetic and subtle
beat of the gangsa. It features a kaleidoscope of harmony with each other and nature. The
colors due to the elaborate dress and kulilal expresses passionate love with the
adornments worn by the dancers and accompaniment of the kutyapi of a two-
musicians. This dance can be performed stringed lute played by a man and p'agang or
during festive occasions, such as a wedding bamboo zither that a woman plays.
ceremony, or in unhappy times, such as an Meanwhile, the bagit is strictly instrumental
illness or untimely death of a member. All music played on a kutyapi, depicting natural
elements, such as leaves resting or birds
chirping.