1987 Constitution: The Source of All Political, Economic Evils in RP
A Facebook friend from Canada asked me the following question: “Do you think the people could work with the current Philippians
constitution? I haven’t gone through the whole thing yet, would you like to work on it?”
Here’s my answer:
That’s a very interesting question, Jeff. First off, let me tell you that the RP’s 1987 Constitution establishes a republican and democratic state, which merely confirms the utter ignorance of its framers. As I’ve said many times in the past, the New Consti supports a mixed economy bordering on dictatorship because of its many politically correct, socialist, protectionist provisions.
Your question is quite tricky. If by “people could work with the current” charter you mean if we could still correct its fatal flaws (that primarily cause the country’s economic and political collapse), then the answer is NO, because that would be very IMPOSSIBLE. The only solution is to revise the whole charter and then replace it with a republican constitution that’d support the establishment of a limited government.
Philosophically, the code of ethics of the 1987 Constitution is the morality of altruism, a term specifically defined and conceptualized by its creator, Auguste Compte, as a selfless concern for the welfare of others. It is the altruist-collectivist ethics of the fundamental law of the land, which is the result- the sum and total- of the country’s collective mindset, that is now bringing this country to a total economic and political collapse.
The nation is in trouble because it lacks moral (not religious) leadership. The kind of morality that this country embraces is the morality of altruism, which is about unselfish concern for the welfare of others. Today we see the continued destruction of reason, individualism and capitalism, whose morality is self-interest that is opposed to altruism. We see the rejection of “self” and the glorification of the word “we”. This country-above-self nationalism, which is piteously based on the morality of altruism, promotes self-abnegation, self-immolation, self-sacrifice, and everything that is against the interest of man. It is, philosophically, anti-Man. If we seek to save our country from “trouble”, it is the morality of altruism that we have to reject.Altruism, derived from French word ‘alter’ or other, is not simply about kindness or goodness. This word has specific meaning, and most people mean it the way its proponent, Auguste Compte, had intended, and its moral code states that “man has no right to exist for his own sake, that service to others is the only justification of his existence, and that self-sacrifice is his highest moral duty, virtue and value.”
What we, as a people, need is to discover morality. The code of ethics that we have today is the morality of altruism, which simply means selfless concern for the welfare of others. I consider altruism evil because of what we see all around us. We see the ongoing destruction of individual freedom all in the name of common good and social sacrifice. A very good example of this is the call of our young people on the government to fully guarantee their right to education by allocating a higher education subsidy. It is true that this ‘fiat’ right is guaranteed by our Constitution whose code of morality is altruism, but reality tells us that this statist scheme will certainly not permit this country to survive as half-property, half-loot.
No, the solution is not to urge the government to deal with corporate or business issues. The only key to economic growth is laissez-faire capitalism. That is, the government must leave the economy or the markets alone! The only proper function of the government is to protect individual rights and to guarantee economic freedom. Therefore I say that such a collective voice of the country’s top economists is simply one of the symptoms of the country’s intellectual bankruptcy. It is not economic freedom they want, but the perpetuation of government intervention into the economy.
The failure to defend reason, individualism, and capitalism has a very high price: the destruction of individual freedom and rights. Graft and corruption is not the main ally of failed governance, but our failure to think— our refusal to embrace reason, individualism, and capitalism— our failure to defend the truth. The only logical result of this “failure of the mind” is a nation of freeloaders, of free-askers, and of ‘little dictators’ (those who tell us how to live our lives, to obey, to surrender our will to our society, and to make a sacrifice for the sake of the greater good).
All economic crises in this country were created and caused by government intervention into the economy. There are so-called monopolies because of government grants, subsidies, partnership with private businesses, and because of political connections and cronyism. Cartels and monopolies will not exist in a free-market economy. This is the reason why the antitrust proposal of the Aquino administration is the result of their very failure to understand economic realities. An antitrust law is a negation of economic realities, most specifically the law of identity, which means A is A: free-market is economic freedom.
If this nation is to survive, the only proper and most moral social system is free market capitalism. However, no society can establish such a system overnight just as no potential slave pen can ever build a socialist/collectivist society in a very short span of time. The key to this goal lies in the vast realm of philosophy. Every social battle is an intellectual or ideological battle. We are all engaged in the battle of ideas. The leftists, the fake rightist groups, the welfare statists are engaged in the battle of ideas. So for this nation to survive its people must embrace the philosophy for living on earth— that is, a philosophy that tells every rational man that the only proper and moral political system is Capitalism because it is consistent with man’s nature and rights. And since man’s nature holds that he is not a sacrificial animal—that he must use reason in order to survive—that he must not violate or disrespect the rights of others by initiating the use of force. Thus, an individual’s rights hold that he can only survive in a rights-respecting society, where he is entitled to his life, liberty, property and his pursuit of happiness. We must then work to strive for this kind of rights-respecting, freedom-loving society.
I wrote the following in a previous blog: “It is the charter—the fundamental law of the land— that sets the course of our national direction. It is now time to know and identify the nature of the country’s enemy. What are the evil ideas that inspired our national charter? This is the fundamental question that is being evaded and ignored by the country’s intellectuals for more than two decades. Unknown to many, the 1987 Constitution was shaped by the following anti-ideologies that are now delivering the Filipino nation to complete collectivism and dictatorship: political correctness, progressiveness, and egalitarianism. The logical effect of these three enemies of reason and individualism is this dominant culture in this country— the culture of mediocrity.” https://fvdb.wordpress.com/2010/02/25/why-the-philippines-doesn%E2%80%99t-need-edsa/
I have written a number of political blogs identifying socialist, altruist-collectivist provisions and principles of our Constitution that are delivering the whole Filipino nation to economic collapse and dictatorship.
“The 1987 Philippine Constitution, while it adopted several provisions of the 1935 Constitution particularly the bill of rights we borrowed from the United States’ Constitution, contains a number of socialist and populist provisions. My observation of the current charter is this—it is a mixture of individualist and socialist premises bordering on dictatorship.” — https://fvdb.wordpress.com/2009/08/17/the-moral-base-of-the-filipino-nation-and-philippine%E2%80%99s-intellectual-bankruptcy/
“The 1987 Constitution may have limited the evils of martial law and the rise of a potential dictatorship, but one of its numerous fatal flaws is that it legalizes political ‘balkanization’ in the Philippines. What do I mean by the term political balkanization? In politics, some absurd provisions of the new charter encourage the formation of fly-by-night political parties and fragmented party-list groups for the special purpose of elections. Unknown to many, particularly well-meaning Filipinos and the Leftists, this system creates a very dangerous situation wherein competing political groups with undefined and ambiguous political platform, ideology, principles, and indeterminate political goals vie for crucial government positions.”https://fvdb.wordpress.com/2009/09/20/legalized-political-balkanization-why-the-philippines-is-doomed-to-failure/
“But there’s an ongoing ‘political’ confusion that is not only out to pervert the country’s electoral process, but to also confound the voters’ value judgment and perception. It started with the creation of the 1987 New Constitution whose contents include a provision on Multi-Party and Party-List Systems. The first- the multi-party system- is a departure from the American-inspired two-party system that started during the commonwealth era, wherein political control was fought fiercely between the Liberal Party and the Nacionalista Party. The second- the party-list system- is a new constitutional creature intended to “promote proportional representation in the election of representatives in the House of Representatives”, thus the creation of Republic Act No. 7941, otherwise known as An Act Providing for the Election of Party-list Representatives through the Party-list System, and Appropriating Funds Therefore.” —https://fvdb.wordpress.com/2010/05/06/the-party-list-babel/
“However, in the Philippines there is a distorted, perverted concept of a “right”, which was incorporated in all its written charters, particularly the 1987 Constitution, and this distortion and perversion is now causing man-made calamities and corruption in the government sector. The New Constitution is a blatant departure from the American Constitution on which the former was based. Instead of primarily guaranteeing people’s freedom of action, the types of rights, which are in reality and in truth “anti-rights”, in the post-Marcosian charter also warrant the people’s right to “something” that others produced or made possible through their personal, independent efforts.” — https://fvdb.wordpress.com/2010/10/30/constitution-framers-ignoramuses/
“Puno wants a perfect, “real democracy” in the Philippines? No, Puno. What we have is real democracy. We exactly have what we asked for when we implemented a protectionist, semi-socialist, democratic, statist Constitution in 1987. The political and economic ills that we experience and witness today is the result of our democratic political processes. Democracy simply means majority rule. The people asked for more government welfare. Well, we have it that’s why we now have more taxes and higher tax rates. That’s why we as a nation have sunk ourselves to eternal indebtedness. The people asked for more government controls and regulations in order to protect our local investors and our environment. Well, we have exactly that, as most foreign investors fell prey to bribery, corruption, ridiculous law suits, and government-induced breaches of contract.” —https://fvdb.wordpress.com/2011/01/11/ex-cj-punos-charter-change-proposal-a-constitutional-insanity/