INTRODUCTION.
Before laying down my views of whether or not the change of the Constitution is necessary or beneficial to the country, or others may call it as CHA-CHA, I will first defined and laid out the great importance of the Constitution in our country.
CONSTITUTION DEFINED.
Before laying down my views of whether or not the change of the Constitution is necessary or beneficial to the country, or others may call it as CHA-CHA, I will first defined and laid out the great importance of the Constitution in our country.
CONSTITUTION DEFINED.
That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p.4]
THE SUPREMACY OF THE CONSTITUTION.
The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law [Cruz, Isagani A., “Constitutional Law” (2003 ed.].
CHARTER CHANGE or "cha-cha" in the Philippines.
Refers to the political and other related processes involved in amending or revising the current 1987 Constitution of the Philippines. Under the current constitution there are three modes of which it could be amended: people's initiative (PI), constituent assembly and constitutional convention. All three would lead to a referendum wherein the proposed amendment/s or revision/s has to be approved by the majority of Filipinos in order to be adopted (http://en.wikipedia.org/wiki/ Philippines_charter_ change).
THE SUPREMACY OF THE CONSTITUTION.
The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law [Cruz, Isagani A., “Constitutional Law” (2003 ed.].
CHARTER CHANGE or "cha-cha" in the Philippines.
Refers to the political and other related processes involved in amending or revising the current 1987 Constitution of the Philippines. Under the current constitution there are three modes of which it could be amended: people's initiative (PI), constituent assembly and constitutional convention. All three would lead to a referendum wherein the proposed amendment/s or revision/s has to be approved by the majority of Filipinos in order to be adopted (http://en.wikipedia.org/wiki/ Philippines_charter_ change).
MY VIEWS.
Based on the laid information, I don’t believe that there is a need to change the Constitution. Leading countries in the world like France and United States never change their Constitution since from the beginning, but still these countries lead the world politically and economically. The 1987 Philippine Constitution is the product of the past revisions and ammendments of the prior Constitutions, it undergoes series of modifications that suit the type of belief and culture among Filipinos. Historically, CHA-CHA was shut down by the Supreme Court in the following cases:
- Santiago v. COMELEC, 270 SCRA 106
- Pirma v. COMELEC, G.R. No. 129754
- Lambino v. COMELEC, 505 SCRA 160
So, NO to CHA-CHA, let us protect and guard our Constitution against those people who think of their personal interest alone without thinking the many issues / problems to be resolved first in our country.
Based on the laid information, I don’t believe that there is a need to change the Constitution. Leading countries in the world like France and United States never change their Constitution since from the beginning, but still these countries lead the world politically and economically. The 1987 Philippine Constitution is the product of the past revisions and ammendments of the prior Constitutions, it undergoes series of modifications that suit the type of belief and culture among Filipinos. Historically, CHA-CHA was shut down by the Supreme Court in the following cases:
- Santiago v. COMELEC, 270 SCRA 106
- Pirma v. COMELEC, G.R. No. 129754
- Lambino v. COMELEC, 505 SCRA 160
So, NO to CHA-CHA, let us protect and guard our Constitution against those people who think of their personal interest alone without thinking the many issues / problems to be resolved first in our country.
1 comment:
I have learned a lot ... tnx for blogging.
:)
Post a Comment