THE 1987 CONSTITUTION REVISITED

Here are some of my views concerning our 1987 Constitution. Now, let me be clear though - I am totally against amending our charter, and most especially if it is done with very suspicious timing. Before pro Con-Ass rah-rah boys misinterpret me as jumping to their side of the fence, perhaps when hell freezes over!

- The 1987 Constitution is an amorphous document of dubious origin.

- A constitution is the embodiment of expression of the will of the people through its elected delegates to a constitutional convention. The people's participation is a conditio sine qua non to the legitimacy of a constitution.

- The dramatis personae who shaped the 1987 Constitution were handpicked by only one person whose legitimacy and authority is a classic case in constitutional law. They only reflect the wishes of their principal since they were not elected by the people.

- The 1987 Constitution is the reflex action against the excesses of President Marcos. The persons who drafted the 1987 Constitution were too involved in the events of the time to be free from bias and prejudice.

- The 1987 Constitution is best described as "circumlocutory" and "pleaonastic" in the sense that it uses a lot of words that are multi-dimensional in meaning and have almost no legal connotations.

It is possible to have the legislature constitute itself into an assembly to amend the Constitution. But the timing is way off mark and maliciously suspect. Also, the legislators must disqualify themselves from running for any post in the elections immediately after the amendments are approved. This proviso is duly supported in many legal circles on the theory that it provides a safeguard against any self-serving act or acts by members of the legislature.

After all that's said, it is my firm belief that if and when such amendments should take place, it must be done long after President Arroyo is no longer in absolute power.

NO to Con-Ass.

(Image from http://www.pryo.net/)

TODAY'S MERIENDA AT THE BATASAN CAFETERIA: LUGAW HEAVEN; GOTO HELL

I just received this news today. President Arroyo's puppies in the Batasan Pambansa will see to it that right after they amend our Constitution, they will immediately start working on amending the Bible. For a moment there, I was at a loss as to why a gang of dishonorable congressmen be interested in amending the Bible? Then I found out that they were only interested in amending the concept and reality of Hell as mentioned in the Holy Scriptures. They intend to abolish Hell before their respective terms expire here on Earth.

(Image from http://bbc.co.uk/)

NO AID? NO BIG DEAL.

Sixty-two years ago, on July 4, 1946, the United States of America granted independence to the Philippines. The euphoria of flying our own flag and governing our own land did not exactly mean we were free and independent from American control. The Laurel-Langley Treaty, which granted the Americans the same proprietary rights as Filipinos, continued until its expiration in 1974. An then, there were the US military bases in RP, the biggest of which were in Subic and in Clark, and they would have continued under American ownership and control for 99 years, had President Marcos not ordered a reduction of the military bases' occupancy to 25 years with a review every 5 years. In addition, the US government had to pay lease/rent for the land use, and not just their handing over to us some aid, the amount, frequency and conditions of which would be determined by Washington as it pleases. They wanted Marcos booted out for this. When Cory Aquino came to power, the bases agreement was terminated and the catastrophic volcanic eruption of Mount Pinatubo sent the occupants of both bases - military personnel, civilian employees, and their families scampering under the thick darkness of the ashfall back to their homeland. But that was not the end of American military and other connections with our country. The People's Republic of China suddenly loomed in the horizon spreading its products (fake and all) across the Pacific and flooding the US mainland with just about anything than could be copied anywhere in the world. Iraq invaded Kuwait, and as a consequence, America shocked and awed that country until its present disintegration. Iran curdles with its nuclear plants under construction (or already completed). Lebanon, Israel and the rest of the Middle East face another crisis. And closer to home, Indonesia's islands shelter Islamist extremists cum terrorists, spilling over the SouthEast Asian region and infiltrating our own Muslim communities some of whom are under the control of a Moro independence movement. By the way, that pirated DVD you buy from them may well contribute to the funding of some of their questionable activities. The Philippines, as historically and geographically destined, is the most strategically located for any American base that needs to operate within the range of the Asia mainland, on to Europe, and more importantly, the Middle East. Our islands are needed more than any concern or interest for the millions of citizens, the current illegitimate president included. But our constitution prohibits any foreign base to be installed in the country. Thus, the "Balikatan" (shouldering?) exercises or whatever else one may wish to call them, under the cover of training our soldiers to fight fellow-Filipinos gone wrongly Islamist or communist, and to use hand-me-down weapons until whatever is "modern" catches up with our psyche. No bases, but check the state-of-the-art airports, the camps, the equipment, the facilities, the sea craft, aircraft, the off-shore fleets of which are all not for our use. And then, the fuss over American military aid - whether it was true that it had been cut, or not. Not so says the Palace from the Pasig. Go check with our envoys in Washington, Not true, says a press statement from Malacanang spin-doctors and apologists/fibbers. Secretary Condoleeza Rice's (aka "paella negra") powerful office has issued the criteria for the granting of US military aid to third-world countries like ours, namely peace and security, or just democratic governance and poverty reduction. Oh dear, we are flunking her criteria? Not so, says Malacanang Seafood Palace. Matter of fact, Palace spokesmen declared the tripling of American military aid this year. But we can do without it, says our AFP.

(Image from http://daylife.com/)

ILLEGITIMACY INC. (REVISITED)

A criminal act was committed against the Filipino people on January 2001. It is a continuing crime and we should be doing something about it. Injustice is only tolerable when the necessity to avoid a bigger injustice is. But a bigger evil, and not a smaller one, is likely to result if we fail to do something - anything. Distrust and disrespect of the Supreme Court can very well be total and absolute. Legislation would be a farce as long as the constitutional order and the rule of law is in total chaos. We have to put a closure to the wrongful acts of 2001, if the Constitution and the rule of law are to function correctly again. Not anyone should ever be permitted to usurp power by misusing and abusing the Constitution.

(Image from http://ellentordesillas.com/)

SPLAT LI'S

Beijing Ministry of Tourism advertisement: "Gloup touls to Splat Li's available. Fo mo infomation, contact Philippine Toulism Secletaly Ace Dulano, plus bonus English Ploficiency lessons by Secletaly Selgio Apostol."

(Image from http://www.cnn.com/)

PRESIDENTIAL PREDICAMENT: NEW CLEAR DAYS OR NUCLEAR DAYS?

WAKING UP WHITEY. Thirty-two years after construction began on the Bataan Nuclear Power Plant (BNPP), Filipino taxpayers for the longest time have paid $155,000 a day on interests alone on a facility that has never produced a single watt of power. The BNPP was a promising solution by former President Ferdinand Marcos to the energy crisis that plagued us in the 1970s. And now, with the skyrocketing prices of oil, thoughts on the BNPP hound us again. It was then when the oil embargo had imposed a hevy burden on the economy, and Marcos' vision for our country saw nuclear power as the path toward meeting the country's future energy requirements and thus, lessening the country's dependence on foreign oil. Sounds familiar? Construction commenced in 1976 and finished in 1984 at a cost of $2.3 billion. However, the plant located 97 kilometers north of Manila had been the center of controversy from day one of its birth. When Marcos was overthrown in a popular revolt in 1986, a team of international inspectors visited the facility and declared it "unsafe and inoperable," claiming it had been built near major earthquake fault lines and near Mount Pinatubo, which at that time was as dormant as a satiated snake. And so, the first post-Marcos government of Corazon Aquino sealed the nuclear plant's fate for good when it banned the use of nuclear power, enshrining it even one step further in the Philippine Constitution. Debt repayment to the plant was the country's single biggest obligation. And although the plant has been in the market for takers for some decades now, it is unlikely for it to be sold with a reactor dating back to the 70s. But a South Korean company (them again??) once upon a time expressed interest in taking over the BNPP to develop it for commercial purposes - to put up an English-Korean school, a Korean grocery or a spa nearby perhaps? But again, a provision in our constitution simply ruled this out. The plant could be converted to utilize other kinds of fuel, and successive governments have looked at ways of converting it into oil, coal or gas-fired power stations. To convert the existing plant stands as an economic disadvantage. Certain sectors of society led by President Arroyo are perhaps toying on the idea of the Philippines going nuclear, or converting the plant into a fossil fuel power station, but past studies have shown that converting it is just too costly for the government. They'd rather use it somewhere else or pocket it, I suppose. Much of the technology infused into the plant was in the early 70s, but modified following the Three-Mile Island accident in the US in 1979. The plant itself is still being maintained despite never having been commissioned. Only commissions of the other kind materialized. For now, it could well be just another tourist attraction - a white elephant. But depending on one's opinion on the facility, it could solve our energy problems with Meralco and GSIS fighting it out for energy supremacy. Other than that, it could very well be the next Chernobyl, and depending on the government and its insatiable lust to hang on to power, for President Arroyo, these days may be new clear days for her, or nuclear days for us.

(Image from http://www.energy-daily.com/)