Revolutionary govt; Republica Filipina

Iceland is Iceland and the Philippines is the Philippines. Both rank high among top users of Facebook and Twitter.  They may be miles apart but thinking the same thing — a crowd sourced Constitution to steer government back to the people.

However Iceland retained its Parliament, its crisis did not warrant removal. Two-thirds of the people voted yes in a referendum for the crowd-sourced constitution but it struggles in the Althing, still the stronghold of the establishment.

Not so the Philippines. Here we could do better than Iceland in crowd-sourcing a new Constitution for a new beginning. The crisis leaves us no choice but for a quick surgery to save the country through a transition council with revolutionary powers.

*   *   *

I do not know Dr. Emmanuel “Noli” Tiu Santos. From his wall in Facebook comes this Strategic Plan for Revolutionary Government.

He is founding president/chairman-CEO at International Academy of Management and Economics (IAME). He is also chairman and president of the Institute of Strategic and International Studies (ISIS).

Here it is his suggested plan:

1. Proclamation No. 001-82113, Series of 2013

Proclaiming a Revolutionary Government, Revoking the 1987 Constitution, and Promulgating the Transition Freedom Constitution for the Provisional Government.

2. Revolutionary Presidential Decree (RPD) 001-82113, Series of 2013

Abolition of Congress and Pork Barrel in any Guise or Form

3. RPD No. 002-82113, Series of 2013

Arrest of all those involved in the pork barrel scam and other forms of corruption and CONFISCATION OF PLUNDERED OR UNEXPLAINED WEALTH of elective and appointive officials, staff or employees, and private individuals. (Net worth of plundered or unexplained wealth minus net worth declared in the income tax return the year before assumption of public office equals net plundered or unexplained wealth.)

4. RPD No. 003-82113, Series of 2013

Adopt SUBSTANTIAL EVIDENCE as sufficient quantum of proof of evidence to convict any person, whether government official and employee and private individual, for violation of the Anti-Graft Law, Unexplained Wealth Law, Anti-Plunder of Wealth Law, Code of Ethics for Public Officials, and other related laws, while at the same time repealing the Rule on Proof Beyond Reasonable Doubt provided in the Rules of Court, Anti-Graft Law, Anti-Plunder Law Unexplained Law, Code of Ethics for Public Officials, and other related laws.

5. RPD No.004-82113, Series 0f 2013

Criminalizing any abuse of power or discretion for any act or omission through whim, caprice, intent to extort, expectation of graft or bribe money, or personal hostility in any transaction with the government; establishing the presumption of probable cause to commit corruption by delaying the processing of papers required by law, ordinance, rules, or regulations; and requiring only substantial evidence to convict the erring official or employee.

*      *      *

I am now reading “A Wide-Angle View of the Philippine Colonial Experience Thru the lens of Latin America” by Elizabeth Medina, a Filipina living in Chile.

Our efforts today for a new beginning have their roots in our wars of independence in the Spanish period.

“The Philippine Republic (Spanish: República Filipina, Tagalog: Republika ng Pilipinas), more commonly known as the First Philippine Republic or the Malolos Republic was a short-lived insurgent revolutionary government in the Philippines. It was formally established with the proclamation of the Malolos Constitution on January 23, 1899 in Malolos, Bulacan, and endured until the capture and surrender of Emilio Aguinaldo to the American forces on March 23, 1901 in Palanan, Isabela, which effectively dissolved the First Republic.

The establishment of the Philippine Republic was the culmination of the Philippine Revolution against Spanish rule.. That constitution was proclaimed on 22 January 1899, transforming the government into what is known today as the First Philippine Republic, with Aguinaldo as its president.

 It was the first Constitutional Republic in Asia. It was titled “Constitución política”, and was written in Spanish following the declaration of independence from Spain, proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.

The Republic at Malolos was the first to frame a comprehensive constitution duly approved by an elected congress (A representative democracy). Thus making this, the first Constitutional Republic in Asia. â€œ — Wikipedia

My friend, constitutional warrior Orion Dumdum has sent the first posting for “A new Constitution for a new beginning.” It was written by Kristian Ligsay Jensen (A Filipino who lives in Denmark) on behalf of the CoRRECTâ„¢ Movement.

“The draft presented here is a Malolos-style Draft. I’m attempting to create a Constitution for the Philippines as it might look like had we not lost our parliamentary heritage from the 1899 Malolos Constitution of the First Philippine Republic.

I have appropriated a lot of the terminology used in the Malolos Constitution — a parliamentary republic. These terms have a longer tradition of use in the Philippines. Hence, the more usual Anglo-Saxon parliamentary terminology like Parliament, Cabinet, Prime Minister, Minister, and Member of Parliament are respectively replaced with Fil-Hispanic parliamentary terminology like Assembly, Council of Government, President of the Council of Government, Secretary, and Representative.

Where applicable, I have also incorporated features found in the Malolos Constitution, most notably the reintroduction of the Permanent Commission, which was an important part of the First Philippine Republic. The Malolos Constitution was also secular, so I have strengthened that feature as well.

Where there has been some doubt about the features of the Malolos Constitution, whether in terminology or procedure, I have had to extrapolate by looking at the Constitutions of countries from which the Malolos Constitution drew inspiration from, namely: Mexico, Guatemala, Costa Rica, Brazil, Belgium, and France.

I have also looked at the Constitution of Spain, which no doubt must have also influenced the First Philippine Republic. Among the countries just mentioned, Mexico’s current Constitution from 1917 is the one that resembles the Malolos Constitution most, so that is the one I drew from most.

The following is based largely on the Amended 1987 Constitution as proposed by the Consultative Commission:

Economic Liberalization:  All citizenship restrictions for the ownership of alienable land, the exploitation of natural resources, the operation of public utilities, the ownership of mass media, advertising companies, and educational institutions, and the practice of professions are removed.

 Evolving Federalism: Local autonomy is enhanced with provisions allowing for the creation of autonomous territories anywhere in the country, and for a federal system to be implemented upon the ratification of the people when at least 60% of the country is composed of autonomous territories.

 Parliamentary System: The current presidential form of government is replaced with a parliamentary form of government, where the executive branch of government is made directly responsible to the legislative branch of government, and the functions of Head of State and Head of Government are separated.