One of the things I learned in law school, particularly in
my Constitutional Law subject, is that the Philippine Constitution is excessively
long compared to other Constitutions from other sovereignties. Our Philippine
Constitution compared to others touches on a lot of different subjects which
made the document sound like a political speech instead of stating only basic
precepts. [1] As said the Constitution is the fundamental law of the land of
which all other laws and statutes should adhere to but with certain topics such
as sports, love, drugs and even advertising it provided less leeway for
legislature to create laws involving those concerns. But with the inclusion of
these precepts onto the Constitution should it not be easier to handle concerns
regarding those topics as the Constitution already provides the fundamental
stance at which these social concerns should be addressed?
Article 14 of the Constitution deals with five
basic social precepts namely Education, Language, Science and Technology, Arts
and Culture and Sports. Again, with the inclusion of these social aspects in
the Constitution it should be fundamental on how the country should handle when
faced with issues with regards to the said concerns. But with it already
fundamental why is there lag time and/or negligence happening when it comes to
dealings with this issue. For example in Education, the recent implementation
of the K-12 education was applauded but little did people know that the entire
world is already on a 12-year basic education system and the Philippines is
only behind two countries in implementing this: Djibouti and Angola. [2] Who? In
Section 16 of Article 14 under Arts and Culture which in part said that all the
country’s historic wealth shall be under the protection of the State which may regulate
it’s disposition but then we cannot muster the will to have the Torre de Manila
removed in order to respect the monument of our National Hero. Under Section 19
of the same article which deals with Sports says that the State will promote
and encourage sports programs which would include training for international
competitions. Our government provided a P962M budget for our delegation to the
SEA Games which yielded us 6th place overall. Our SEA neighbors for their part
gave an equivalent of P14.37B budget for Sports for Thailand and the tiny
country of Singapore had P7.2B allotted for their SEAG delegation which help them
garner 2nd and 5th place respectively. That puts them both
ahead of us in the final tally. [3] So much for promoting when we can obviously
see that there is a decline in the overall quality of Sports in the Philippines.
Perhaps
it is very timely that this kind of discussion is being made with the 30th
anniversary of the EDSA revolution just around the corner and that this topic revolves
around its most important by-product, the 1987 Constitution. There has been a
lot of calls for Charter Change and Constitutional Amendments which would allow
the re-organization of the government as a whole. If ever that comes to
fruition it would also be good to re-evaluate as well some of the precepts put
forth in 1987 Constitution which was supposedly included to guide us in
dealings with these concerns but with it being neglected it just add length to
it which basically negates the fundamental existence of it. If it’s still going
to be included then the State should fulfill its duties on promoting the
general welfare of these social precepts as it becomes part of their mandate to
do so by making it part of the Constitution. If they continue to neglect them
then perhaps it should be stricken off it as it only shows how much the 1987
Constitution is failing to provide a better government for the people which is
contrary to the idea of the EDSA Revolution which was aimed to end a tyrant
regime and in its place a better and improved Government defined by the lengthy
1987 Constitution.
[1] Philippine Political Law by Isagani Cruz 2014 Ed.
[2] http://www.philstar.com/opinion/2015/06/15/1466151/challenges-basic-education-dealing-k-12
[3] http://www.gmanetwork.com/news/story/534198/sports/othersports/philippine-sports-remains-a-pauper-when-it-comes-to-funding
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