Constitutionalism and the dynasties

TWO months ago, the President of Ateneo de Davao University, Fr. Joel Tabora, SJ, wrote an impassioned and scathing piece, Gang Rape of the Constitution, railing against the aborted plan of Speaker Sonny Belmonte to amend “economic” provisions in the Constitution via the route of a constituent assembly.

Fellow Jesuit and dean emeritus of the Ateneo de Manila Law School, Fr. Joaquin Bernas, SJ, urged the public to express deep “outrage” over this perceived constitutional subterfuge perpetuated by the Speaker and his cohort in Congress.

Such an impassioned response necessarily invites reflection on how deep or shallow Filipinos actually relate to the 1987 Constitution. A state that genuinely values its constitution would be more orientated towards the rule of law than one that does not. And a society that truly believes in constitutional values will be most likely more cohesive than one that does not. Accordingly, a nation which treats its constitution both as a foundational document and as an existential guide to political life will have a much better shot at socio-economic progress than one that does not.

The most basic test I can think of to determine the constitutional consciousness of Filipinos is to look at how February 2 is commemorated. The late President Cory Aquino issued Proclamation No. 211 series of 1988 designating this date as Constitution Day.

The purpose of establishing this special day is as follows— “WHEREAS, in order to instill in the hearts and minds of the Filipino people the democratic principles and the noble and lofty ideals enshrined in the Constitution, it is but fitting that a day be set aside as CONSTITUTION DAY to give the Filipino people the opportunity to consecrate and dedicate themselves to the Constitution and ponder on the significance thereof.” I conducted an informal survey in my immediate community to determine the level of awareness about our nation’s Constitution Day. An uncle of mine summed up the results quite well—“The meaning of Constitution Day to many of our people is as murky as the polluted Pasig River.”

Curiously, even law schools do not even recognize the significance of this day. And it is deeply unfortunate that primary and secondary schools do not use this occasion to improve our youth’s knowledge and comprehension of our Constitution. However, the most disappointing result is that practically all of the people I asked were not even aware that February 2 is designated as Constitution Day.

Given the ignorance and indifference to our Constitution Day unravelled by my informal survey, it appears that the “democratic principles” and the “noble and lofty ideals” enshrined in this supreme law of the land are not yet properly instilled in our hearts and minds.

Of course, there are other more telling proofs which actually show that the constitutional spirit has yet to be infused in our political consciousness. And the most disheartening of these examples is the unrelenting hold of political dynasties in our political life.

Section 26 of Article II provides—“The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” The prevailing belief is that to enforce the clear prohibition in this constitutional provision, Congress must first enact a law precisely providing for such a proscription.

However, the argument to wait for the legislation of an Anti-Political Dynasty Law only benefits politicians who are standing members of political dynasties. In the meantime, the rest of us continue to suffer incompetent and corrupt governance. But if we fervently believe in the spirit behind this constitutional provision—i.e. maintaining a premium quality public sector—then we can give life to its proscription by not voting for dynastic politicians.

Now imagine if a large majority of us share this frame of mind, then Section 26 of Article II could evolve into a constitutional norm which does not need legislation for enforcement. It could then become a standard political practice that is proudly adhered to by everybody in the polity.

Constitutionalism refers to this commitment to be governed by constitutional rules and principles. Civic constitutionalism thus means the capacity of citizens to live in the community according to constitutional tenets such as the rule of law, respect for human rights, the democratic process, judicial independence, to name a few.

Constitutional scholars suggest that to engender civic constitutionalism the polity must deliberately engage in a purposeful discussion about constitutional principles. A good venue to hold a lively community discourse on constitutional principles every February 2 is the barangay assembly.

Admittedly, dissecting constitutional issues pertaining to good governance, economic prosperity, liberal democracy and social justice does not exactly fall within the powers of the Barangay Assembly under the Local Government Code. Nonetheless, this law considers the barangay as a “forum wherein the collective views of the people may be expressed, crystallized and considered.”

In conclusion, the annual commemoration Constitution Day is necessary for Filipinos to develop that deep awareness and insight of constitutional principles. At the very least, a nation’s constitution still has to make sense to the people who live under its dictates.

(The author is a lawyer by profession.)