Isabella Carter
The 1987 Constitution of the Republic of the Philippines is considered by some to be too detailed and in need of amendment. The document was developed in reaction to the Marcos regime and, as such, has been described as superfluous. There are calls to amend the Constitution to address issues such as foreign investment restrictions, citizenship provisions, and political dynasties. Some argue that the Constitution should set out general policies, philosophy, and ideology, and that specifics should be set by law. However, others are apprehensive about the potential for self-interest to influence amendments, and the impact of unfamiliar changes on the average Filipino citizen.
| Characteristics | Values |
|---|---|
| Need for amendment | The 1987 Constitution should be amended to address changes in the world since it was written, such as restrictions on foreign investments. |
| Amendments should be made with care and rigor as they will have long-lasting effects on the nation. | |
| Amending the Constitution is a highly important and contentious change that must be done with cold reason and detachment. | |
| The Constitution has been described as too detailed when general policy and ideology are what is required. | |
| The Constitution should be amended to address the matter of political dynasties and term limits. | |
| Amendments should be made to address citizenship, legislative/electoral, judiciary, local government, and education provisions. | |
| Amendments should be made to address the naturalization process and allow dual citizenship. | |
| Amendments should be made to address the economy and patrimony provisions, such as removing compulsory 60% Filipino equity ownership requirements. | |
| Amendments should be transparent and inclusive, engaging with constituents on this important issue. | |
| Amendments should be made to address the joint election of the President and Vice President and changes in term limits. |
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What You'll Learn
- The 1987 Constitution has strong democratic credentials, but it's too detailed
- The Constitution should be amended with cold reason, dispassion, and detachment
- Limitations on political dynasties should be explored
- Amendments should be made with the future in mind
- The naturalization process needs streamlining
The 1987 Constitution has strong democratic credentials, but it's too detailed
The 1987 Constitution of the Republic of the Philippines was developed in reaction to the Marcos regime, and as such, it is highly detailed. While it has strong democratic credentials, some argue that it is too detailed and that a constitution should set out general policies, philosophy, and ideology.
The 1987 Constitution was created at a time when redeveloping a national identity was a priority, and this resulted in a highly detailed document. The world has changed since 1987, and some argue that the terms set out in the Constitution are no longer applicable. For example, the restriction on foreign investments is considered by some to be outdated.
The Constitution is also silent on the joint election of the President and Vice President, and there is no provision for tandem voting. The anti-dynasty law, which is provided for in the Constitution, has not been acted on in 31 years, demonstrating a conflict of interest. The Constitution also does not allow for dual citizenship, which some argue should be permitted.
Some argue that the Constitution should be amended to address these issues and to ensure it remains relevant in a changing world. Amending the Constitution is a significant and contentious change, and it must be done with care and rigor as it will have long-lasting effects on the nation. It is a document that is of the people, by the people, and for the people, and so any amendments must be approached with cold reason, dispassion, and detachment.
While some argue that the 1987 Constitution is too detailed, others believe that reform is possible within the existing document. The Constitution has strong democratic credentials, and it is important to approach any changes with caution to ensure that the foundation of society remains stable.
Unanimous Agreement: Amending the Constitution
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The Constitution should be amended with cold reason, dispassion, and detachment
The 1987 Constitution of the Republic of the Philippines was developed in reaction to the Marcos regime and as a means of redeveloping a national identity. However, it has been criticised for being overly detailed and in need of amendment to reflect the modern world.
One of the key reasons for amending the Constitution is to address the failings of the 1987 version, which no longer reflects the modern world. For example, the restriction on foreign investments is outdated and should be amended to encourage foreign investment and promote economic growth. The Constitution's current limitations on foreign ownership may hinder economic development and job creation. Removing these restrictions could be beneficial, allowing foreign investors to have 100% equity control and, in turn, encouraging them to invest in the country.
Another area for amendment is the citizenship provisions. The current Constitution only allows jus sanguinis, or citizenship by ancestry, which disqualifies individuals born in the Philippines with non-Filipino parents. The naturalisation process should be streamlined and acquiring dual citizenship should be permitted for foreigners without Filipino parents who wish to become Filipino citizens while retaining their original citizenship.
Additionally, the Constitution should be amended to address the matter of political dynasties. Limitations should be set to prevent conflicts of interest and ensure fair representation. For instance, a limit of two people from the same extended family in political positions at one time could be implemented, with one national and one local representative.
Overall, while there are valid reasons to amend the 1987 Constitution, it is a process that requires a thoughtful and rational approach, considering the long-term impact on the nation.
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Limitations on political dynasties should be explored
The 1987 Constitution of the Republic of the Philippines was developed in reaction to the Marcos regime, focusing on redeveloping a national identity. However, this led to an overly detailed document that may not be relevant in the present context. The limitations on political dynasties are among the issues that need to be explored for potential amendments.
Political dynasties have been the norm in the Philippines, with the same families holding power for years. This has resulted in a conflict of interest and blocked the path to progress. For instance, during elections, instead of new candidates, we often see the same people coming back for reelection, including those indicted for misuse of money. This is followed by the recycling of family members into elective posts: sons or daughters replacing parents, spouses running for each other's positions, and siblings succeeding one another.
In contrast, highly developed countries like the United States do not witness similar political dynasty trends. For instance, long-serving senators Edward Kennedy and John McCain were not succeeded by family members, and their recurring reelections were likely due to their individual merits rather than family political power. Even in Western Europe, where elections are considered highly free, no top political leader in recent decades has been succeeded by a close relative.
To address the issue of political dynasties in the Philippines, some suggest limiting the number of family members in politics, such as allowing only two people from an extended family to hold political positions simultaneously, one national and one local. This proposal aims to reduce the concentration of power within families and promote a more diverse and merit-based political landscape.
Amending the 1987 Constitution to address political dynasties and other issues is a significant and contentious change. It requires a careful and well-thought-out approach, considering the long-term impact on the nation's foundation and society.
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Amendments should be made with the future in mind
Amending the 1987 Constitution is a significant and contentious change that requires careful consideration and future-oriented thinking. It is essential to recognize that the Constitution was developed as a reaction to the Marcos regime, resulting in a detailed charter that may not be balanced. While amendments are necessary, they should be approached with caution and a long-term vision.
The process of amending the 1987 Constitution should be done with cold reason, dispassion, and detachment, focusing on the foundation of society for the years to come. One of the critical aspects to consider is the matter of political dynasties and the potential conflict of interest they present. Limitations must be established to prevent politicians from extending their terms or seeking lifelong positions. A constitutional convention (Con-con) could effectively explore and address these concerns, whereas a constitutional assembly (Con-ass) may be influenced by self-interest.
Another area for amendment is the restriction on foreign investments. The world has changed since 1987, and the terms set in the Constitution may no longer be applicable or beneficial for the country's economic growth. Removing the compulsory 60% Filipino equity ownership requirement could attract foreign investors, create jobs, and facilitate technology and knowledge transfer. However, it is essential to carefully consider the potential impact on the average Filipino and ensure that any changes do not disproportionately benefit the rich while impoverishing the poor further.
In addition to economic considerations, there are several other provisions in the 1987 Constitution that may require amendment, including citizenship, legislative/electoral, judiciary, local government, and education provisions. For instance, the current citizenship provisions based on jus sanguinis disqualify individuals born in the Philippines with non-Filipino parents from citizenship. Streamlining the naturalization process through administrative means and allowing dual citizenship for foreigners without Filipino parents could be considered.
Overall, while amending the 1987 Constitution is necessary, it should be approached with a future-oriented mindset, addressing both the process and substance of constitutional change. The amendments should be made with careful consideration, transparency, and engagement with constituents to ensure that they serve the best interests of the Filipino people and set a strong foundation for the nation's future.
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The naturalization process needs streamlining
The 1987 Constitution of the Republic of the Philippines is the oldest written instrument of democratic rule still in use in the world. It outlines the ideals and aspirations of a sovereign Filipino people, aiming to build a just and humane society. While it has endured for over two centuries, calls for amendments have emerged to address limitations and adapt to changing times.
One aspect requiring streamlining is the naturalization process, which pertains to the act of adopting a foreigner and granting them the rights and privileges of a native citizen. The Naturalization Clause confers Congress with the exclusive power to determine when foreign nationals may obtain citizenship. This power extends to setting rules for the entry and residence of aliens, with states having no authority to impose their own conditions.
The naturalization process, as outlined in Article I, Section 8, Clause 4 of the Constitution, has been criticised for its complexity and lack of flexibility. The current procedure involves multiple steps and requirements, including an oath of allegiance and a demonstration of good moral character. Historically, racial and ethnic limitations existed, but these have since been abolished.
Streamlining the naturalization process could involve reducing bureaucratic hurdles and expediting the path to citizenship for eligible individuals. This could include re-evaluating the requirements, such as the continuous residence criterion, to make them more accessible without compromising national interests. Additionally, standardising the process across states and providing clearer guidelines could help to simplify the overall process.
Amending the 1987 Constitution is a significant and contentious undertaking. While it is essential to approach changes with caution and thorough consideration, the naturalization process is one area that may benefit from modernisation to better reflect the evolving nature of society and global interactions.
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Frequently asked questions
The 1987 Constitution is the Constitution of the Republic of the Philippines.
The 1987 Constitution has been described as superfluous and some believe it is too detailed when general policy and ideology are what a charter calls for. Some provisions that need to be amended include those on the economy, patrimony, citizenship, legislative/electoral, judiciary, local government, and education.
Some believe that the 1987 Constitution has strong democratic credentials and that the status quo should be maintained. Others argue that politicians are looking for devious ways of increasing their power and wealth, and any changes to the Constitution are considered suspicious and self-serving.
The 1987 Constitution can be amended through a Constitutional Convention (Con-con) or a Constitutional Assembly (Con-ass). A Con-con is formed by delegates elected solely for the purpose of constitution rewriting, while a Con-ass consists of skilled, experienced lawmakers.
The advantages of a Con-con include greater participation of other sectors and less vulnerability to self-interest. However, it may be more costly and time-consuming, and the popular legitimacy of the delegates may be lacking.
