I watched the proceedings at the Senate hearing on constitutional amendments.
All the resource persons came armed to the teeth. They were dogmatic even.
All had valid comments. Except for former Chief Justice Hilario Davide who exclaimed that the 1987 “was the best constitution in the world.”
I take exception to this claim by Davide who was one of the framers of the 1987 Charter during the Cory administration.
How can the respected jurist declare this when the 1987 Constitution failed to address the gnawing poverty that is now stalking the country’s 107 million inhabitants?
The 1987 Constitution also failed miserably to promptly address the land reform program that has bewitched and befuddled every Malacanang tenant who inherited the problem since then.
How can CJ Davide be bold to exclaim such when the 1987 Constitution failed to give Cory enough authority to curb the rising poverty in the land? Twenty two percent today of Filipinos today (roughly 24 million) are living under the poverty line, barely have three square meals a day, do not have a roof over their heads and do not have decent and stable sources of livelihood?
Did these basic realities escape the good CJ’s mental frame? Was he overcome by his emotional attachment to the legal document he helped frame that he now hollers to all and sundry that it is “the best in the world”?
Did the ex- Highest Magistrate forget that the late Pres. Cory Aquino herself failed to properly implement the constitution forged and crafted by Davide and his fellow Con-Com members to prevent the rise of political dynasties?
Does not the good CJ realize now that the three-year term of elected officials stipulated by the 1987 Constitution grievously needs amendment? Has he forgotten that the frequency of elections has resulted in igniting more political hatred and enmity instead of giving them adequate time to focus on their respective platforms and programs?
Does not the good CJ realize that the restrictive economic provisions of the 1987 fundamental law have prevented and discouraged the inflow of foreign investments into the country thus resulting in the increasing number of unemployed Filipinos?
Does the good CJ not realize that the country has so much potentials for growth and development but that the ultra-conservative outlook prevents us from joining the ranks of industrialized nations?
Does the good CJ not realize that the peaceful and prosperous tiny city-state of Singapore overcame divisive ethno-cultural in-fighting because they have a unicameral parliament that passed and enacted appropriate legislation without too much debate and needless argumentation?
Does not the good CJ realize that the present unitary presidential system of government has, for many decades, been the major reason that has stymied national progress; that the highly centralized system of governance has left the regions and the provinces poor and behind the times; and that even the legislation of the Local Government Code has not helped in devolving national functions imbedded in the law itself?
Does the good CJ realize that among the Southeast Asian nations, our beloved Philippines has been overtaken in economic progress by a country that was formerly wracked by a violent civil war for many years?
With due respect, CJ Davide, the 1987 Constitution is so flawed that even a non-law graduate or an ordinary citizen is provoked to suggest reforms and amendments to make it relevant to the changing times.
Not only is it irresponsive to the emerging global developments, it was also originally intended to protect and preserve the so-called “gains of the Cory administration.”
A constitution – to be considered and declared the best in the world – must live and exist for ALL SEASONS.
With due respect, CJ Davide, your claim cannot stand scrutiny.
The 1987 Constitution stands on thin ice. Let me quote Gautama Buddha who said: “Do not dwell in the past, do not dream of the future, concentrate the mind on the present moment.” (Email your feedback to fredlumba@yahoo.com.) Prov. 14:24; “The wealth of the wise is their crown, but the folly of fools yields folly.” GOD BLESS THE PHILIPPINES!
