PAGBABAGO
Again, for the nth time, we are witnessing another push for change in our 36-year old constitution. This movement started during President Ramos’ time and for the past five or six administrations (GMA served two terms), politicians, civic groups, and political parties had come out with suggestions on varied modes and their justification.
In most cases, the chief executive was behind it. But though Pres. Marcos Jr. says it is not his priority, the House Committee on Constitutional Amendments voted on a mode which they said has public acceptance – the Constitutional Convention.
This elicited a reaction from former Supreme Court Chief Justice Reynato S. Puno who said, “There is the lurking danger that the elected delegates to a Con-con, and pardon me for saying it, will just be proxies or factotums of political dynasties and economic managers.” Thus, he proposed a “hybrid Con-con where membership would come from election and appointments.”
I agree with Justice Puno but I’m not going to contribute to the debate because I think the current initiative would not gain further ground. First, the country is going through so many upheavals and facing numerous uncertainties. Certainly, this is not the “right constitutional moment.” Secondly, a priority today is finding a response to our ailing democracy, and to ensure that there is food on the table for many of our countrymen who live under subhuman conditions.
Which is why I believe every thinking Filipino must reflect on the slippery slope we are walking on today. That our biggest challenge is to find sustainable solutions to our people’s basic needs, or what Justice Puno refers to as the battle to fight for substantive equality.
Justice Puno had devoted 668 pages of discussion about the “revolution we need to fight and overcome to innervate our ailing democracy.” In his book, Equal Dignity & Respect: the Substance of Equal Protection and Social Justice, (2012), he describes the 1987 Constitution as a “transformative” document as “it had given the highest priority to the task of remedying appalling inequalities in our society in order to protect and enhance the right of all the people to human dignity.”
Thus, instead of constitutional amendments at this time, shouldn’t Congress and every citizen try to identify constitutional provisions needing laws that would address social and economic disparities? In his book, Justice Puno pointed out that the principles of substantive justice and equality are found not only in the Articles on Bill of Rights and Social Justice but all Articles – including the Preamble and Transitory provisions. But all of us must participate in this uphill fight for equitable sharing of power. We cannot be bystanders and watch the widening of social and economic gaps, the bullying and discrimination and increasing inequities in our social order. We earnestly hope that those in the margins can begin to “move closer to the starting line so that all can begin life’s race equally.”
Justice Puno challenges Congress to enact laws on government projects which grant incentives such as tax beaks that will allow small businesses to compete and stand in public bidding for the award of these projects or to participate in them.He asks: Should Congress create an agency to focus on public and private employment policies and practices to eliminate discrimination and reward affirmative action in hiring, labor conditions, and promotions to truly equalize economic opportunities? More broadly, to genuinely level the playing field, should Congress adopt a general statute on equality that prohibits both direct and indirect discrimination and rewards affirmative action not only in employment, but also in the admission and treatment of students in schools, in the sale of goods and businesses and industries, in the extension of services and provision of basic goods and resources by government agencies and civic organizations?”
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