Trust, the tie that binds
Published Nov 1, 2021 12:12 am
THE LEGAL FRONT
Justice Arturo D. Brion
A legal reality that many fail to realize is that our Constitution is an ever-present moderating force that applies to all of us in our everyday lives as citizens. It is the legal instrument that defines and, many times, compels the balanced arrangement that must exist between the government and the governed for an orderly national life. It aims to ensure that our nation shall continue to exist and to function as envisioned when we banded together as a nation.
Separately from the element of compulsion, the Constitution also embodies principles that serve as guides for our everyday living – man to man, man to nature, and man to our God, from the physical and material, to the spiritual and the metaphysical, to carry out our vision of civilized and meaningful life in this planet. They are our firm hand holds to dignified existence and to fulfillment as decent human beings on this earth.
In the field of governance, the Constitution recognizes the dominance of the State and counter balances this ascendancy with the government’s obligation to provide the governed with security, order and stability. The governed, for their part and as their contribution, bind themselves to obligations of obedience, loyalty to, and respect for, the Constitution and the government.
This is the balanced two-way relationship that we must not forget as we prepare to vote for our leaders in May 2022.
That public office is a public trust is both a constitutional command and a guiding principle in the relationship between the government and the governed. At its simplest, trust means that the governed should be able to place themselves - their lives, liberty and property – in the hands of government without fear that these would be unreasonably or unseasonably violated.
For the government, trust translates to its obligation not to abuse its granted powers, both in substance and in their exercise. It expects, in return, that it can function effectively, meaningfully and successfully because the governed would live up to the obligations they must undertake to achieve and maintain a secure, orderly and stable society.
Trust, in other words, is a two-way link, between the government and the governed, so that their relationship shall prosper and flourish for the benefit of all. It is the tie that binds us all and that both the government and the governed cannot do without.
At its most basic, this link signifies that both sides must deal with and treat each other fairly. Government shall not exceed its granted powers beyond their allowable constitutional limits, and shall evenly exercise them to ensure that everyone – the government and all sectors of the governed – can secure for themselves their fair and just due.
The governed, for their part, should be trusted to secure for themselves only what is due them; should avoid intruding into the rights and entitlements of others; and should not abuse the government’s expectations that they shall act fairly and in good faith in enjoying their rights and entitlements.
This – in my view as a lawyer, as a citizen and as a family man – is the ideal balance that everyone, both in government and the governed, should keep in mind when we choose the next set of officials who shall exercise the functions of government.
To make this exchange of trust work, the governed should be able to ask and hear from the candidates at the outset: What kind of leadership and government they can, and promise to, provide; what kind of support and loyalty they can inspire; what their vision for the country is, and what their implementing moves are or would be.
In short, we ask them: Why should we trust you?
All these, the candidates should intelligently, responsibly and coherently answer and explain. They should be able to say – this is our vision and what we will do to deserve your trust, and these are the reasons why you should favor us as leaders worthy of your vote.
In turn, the candidates should also be able to demand: Judge us fairly based on the evidence of our past and present meritorious services and based on our commitments and capabilities, and thereafter, honor us with the respect, obedience, and loyalty that the Constitution demands for itself and for government.
This exchange is at the heart of a fair and meaningful election process; it is the basis for the public debate and discussion of the candidates’ trustworthiness – i.e., their truthfulness, reliability, weaknesses and strengths, and their general merits and demerits – that will allow us to responsibly render judgment through our vote. This exchange, too, is the means to fully hammer into our hearts and minds our obligations as citizens under our constitutional democracy.
Now that our electoral process has started, we are ready to listen with rapt attention, with the hope of seeing and hearing evidence – given unequivocally, sincerely and in good faith – that will tell us who can and should be trusted.
As a caveat, those with malice in their hearts, or are merely driven by blind greed, inordinate ambition, or high sounding but essentially empty mentors’ promptings, need not apply. Those unmindful or contemptuous of the underlying foundations of our election, have only themselves to blame when and if this Republic fails.
Lest people forget, failure of government or of a nation is always a possibility and has happened many times in mankind’s past history.
E-mail: [email protected]
Justice Arturo D. Brion
A legal reality that many fail to realize is that our Constitution is an ever-present moderating force that applies to all of us in our everyday lives as citizens. It is the legal instrument that defines and, many times, compels the balanced arrangement that must exist between the government and the governed for an orderly national life. It aims to ensure that our nation shall continue to exist and to function as envisioned when we banded together as a nation.
Separately from the element of compulsion, the Constitution also embodies principles that serve as guides for our everyday living – man to man, man to nature, and man to our God, from the physical and material, to the spiritual and the metaphysical, to carry out our vision of civilized and meaningful life in this planet. They are our firm hand holds to dignified existence and to fulfillment as decent human beings on this earth.
In the field of governance, the Constitution recognizes the dominance of the State and counter balances this ascendancy with the government’s obligation to provide the governed with security, order and stability. The governed, for their part and as their contribution, bind themselves to obligations of obedience, loyalty to, and respect for, the Constitution and the government.
This is the balanced two-way relationship that we must not forget as we prepare to vote for our leaders in May 2022.
That public office is a public trust is both a constitutional command and a guiding principle in the relationship between the government and the governed. At its simplest, trust means that the governed should be able to place themselves - their lives, liberty and property – in the hands of government without fear that these would be unreasonably or unseasonably violated.
For the government, trust translates to its obligation not to abuse its granted powers, both in substance and in their exercise. It expects, in return, that it can function effectively, meaningfully and successfully because the governed would live up to the obligations they must undertake to achieve and maintain a secure, orderly and stable society.
Trust, in other words, is a two-way link, between the government and the governed, so that their relationship shall prosper and flourish for the benefit of all. It is the tie that binds us all and that both the government and the governed cannot do without.
At its most basic, this link signifies that both sides must deal with and treat each other fairly. Government shall not exceed its granted powers beyond their allowable constitutional limits, and shall evenly exercise them to ensure that everyone – the government and all sectors of the governed – can secure for themselves their fair and just due.
The governed, for their part, should be trusted to secure for themselves only what is due them; should avoid intruding into the rights and entitlements of others; and should not abuse the government’s expectations that they shall act fairly and in good faith in enjoying their rights and entitlements.
This – in my view as a lawyer, as a citizen and as a family man – is the ideal balance that everyone, both in government and the governed, should keep in mind when we choose the next set of officials who shall exercise the functions of government.
To make this exchange of trust work, the governed should be able to ask and hear from the candidates at the outset: What kind of leadership and government they can, and promise to, provide; what kind of support and loyalty they can inspire; what their vision for the country is, and what their implementing moves are or would be.
In short, we ask them: Why should we trust you?
All these, the candidates should intelligently, responsibly and coherently answer and explain. They should be able to say – this is our vision and what we will do to deserve your trust, and these are the reasons why you should favor us as leaders worthy of your vote.
In turn, the candidates should also be able to demand: Judge us fairly based on the evidence of our past and present meritorious services and based on our commitments and capabilities, and thereafter, honor us with the respect, obedience, and loyalty that the Constitution demands for itself and for government.
This exchange is at the heart of a fair and meaningful election process; it is the basis for the public debate and discussion of the candidates’ trustworthiness – i.e., their truthfulness, reliability, weaknesses and strengths, and their general merits and demerits – that will allow us to responsibly render judgment through our vote. This exchange, too, is the means to fully hammer into our hearts and minds our obligations as citizens under our constitutional democracy.
Now that our electoral process has started, we are ready to listen with rapt attention, with the hope of seeing and hearing evidence – given unequivocally, sincerely and in good faith – that will tell us who can and should be trusted.
As a caveat, those with malice in their hearts, or are merely driven by blind greed, inordinate ambition, or high sounding but essentially empty mentors’ promptings, need not apply. Those unmindful or contemptuous of the underlying foundations of our election, have only themselves to blame when and if this Republic fails.
Lest people forget, failure of government or of a nation is always a possibility and has happened many times in mankind’s past history.
E-mail: [email protected]