354th blog … saligang-batas daw, o! sometime in january, 1910 …


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saligang-batas daw, ow!

 

simple lang ang saligan ng batas ng mga tagalog noon … ang pinakamataas at pinakaiginagalang na pagkakabuklud-buklod ng mga anak ng haring bayan … ang tinutukoy noon ay ang kaharian ng mabunga ng mga magdiwang ng katipunan … ang kkk!

simple lang ang pamantayan noon – ang tunay na paggalang sa mga matatanda, wagas na pag-alala sa mga ninuno, ang pagkakawanggawa, ang kalayaan ng tao sa pakikisalamuha sa isa’t isa, ang pananatili ng kahalagahan ng mga maginoo at mandirigma sa buhay ng mga timawa, at ang pagdakila sa poong maykapal, ang lumalang ng lahat.

iisa lang ang uri ng batas noon at iyon ay ang wagas na batas ng tao o tawo ng mga tagalog na nagnganganga at nakakaunawa ng lamba ng niyog …

ginaya ito ng mga banyagang mamamayan sa  malalayong pulo at tinawag nilang taoism at kung anu-ano pa, pero dinagdagan nila ng taba ng baboy! pero ang lamba at nga ay iniwan nila dahil hindi nila maintindihan ang tunay na kahalagahan.

hindi kaya dito nagsimula ang “pork mess” ng bansang tinawag na filipinas na ginawang pilipinas para lalong magkapilipilit ang leeg ng mamamayang timawa?   hindi kaya ito ang naging simula ng pagkakahalu-halo ng angking pagkatao ng mga taga-ilog sa mga haluang-dugo na hinaluan ng taba ng baboy?

The mess in the 1987 Cory Constitution is very similar to the other past constitutions somewhat.    Claims that this charter is among the worst ever set of constitutional amendments can be true.

Cory’s constitution is practically a new constitution or a new mess on its own. The core of that new constitution is the  multi-party system but without the necessary instrument  to prevent a minority president from emerging.

Countries in the world that use a presidential system based on multiple parties, as opposed to a strict 2-party system as in the USA, have a intact mechanism called  RUN-OFF ELECTION.

Filipinos are clueless and do not know what the hell that is.  They do not even think about why it is necessary.

Kasi, we are too fixated on the constitution ng usa with strict 2-party system, na gusto nilang alisin sa saligang batas ng pilipinas, pero hindi inintinding maigi na ang president and vice-president ng usa are chosen by an electoral college.

Kaya ang ginawa nila ay multi-party system para maiba lang pero ang presidente at vice ay uupo base sa popular vote, not via electoral college.

Joaquin Bernas and all those other delegates who came up with the flawed 1987 Cory Charter  made our elections extremely chaotic with so many candidates; votes are too divided, so that the winners will have only the minority mandate. Majority rules no more, only the minority.

Ang mga mamamayang hindi mapag-aral dahil sa kahirapan, pinahirapan pang mag-compute ng mga bahagdan. The 38% of the entire vote for erap meant that 62% of all voters did not vote for him.   He still got the presidency mainly and practically due to the multi-party system.

The winning president cannot rule effectively, kasi puro kontrahan at siraan ang mga tao at media sa kanya dahil hindi nga                 siya ang majority winner pero siya ang presidente.  Pag kinampihan ng simbahan at media, malamang president ka na.

Miriam came in second to Fidel  because the vote was extremely divided among so many different candidates.  And Fidel was declared the winner  with less than 30% of the entire vote.

If there was a “second round” of elections,  all the other people who voted for the other candidates like Danding, Mitra, Salonga, etc shall have to choose between 2nd placer Miriam and first placer Fidel.

In the end, this is the heritage of mess that the framers of the 1987 Cory Constitutional Charter gave the flipinos.

Almost all countries that have a presidential form with multi-party system have a RUN-OFF.   Latin american countries have a run-off, Indonesia has a run-off, heck, even Afghanistan has a run-off.

But why did the philippines create the scenario of “unwanted dark horses” winning? Was it because of the atenean joaquin of the church?

Parliamentary can be a better system probably or in deed,  but if we are to use a presidential system with a multi-party system, it can only work if we have a run-off election.

The 1987 Cory Constitution is one of the bringers of garbage and  mess in our islands.

Constitutional experts daw believed that three other previous constitutions effectively governed the country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.

Two other constitutions were adopted  by the revolutionary forces during the Philippine Revolution with Emilio Aguinaldo as President and by the occupation forces during the Japanese Occupation of the Philippines during World War II with José P. Laurel as President.

After edsa “revolution” in 1986 ousting Ferdinand E. Marcos , Corazon C. Aquino declared a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly transition to a government under a new constitution. This could have been the start of another messy situation.

This could be the real start of the “pork situation’ of the philippine constitution; this could be the start of a messed-up judicial set-up as opposed to a senate acting like a judicial court but doing a completely political act.

Pinaghalu-halo nila ang mga identity ng pamamahalang walang pag-iimbot kaya ang nangingibabaw ay pulitika, hindi ang katarungan. Diniyos nila at sinamba ang pulitika ng mga baboy.  Nawalang tuluyan ang diwa ng katagalugan.

Cory also created a Constitutional Commission or concom to frame a new charter to supersede the Marcos-era 1973 Constitution. The 50 members of the Commission were drawn from varied backgrounds, including several former congressmen, former supreme court justice,  a catholic bishop, a film director, a labor minister and an associate justice.

Within four months after convening, the cory constitution was submitted and approved a new form abolishing death penalty abolished and american military bases retained, and other economic policies.  Ang film director na si lino na hindi naman abogado ay nag-walk out sa concom kase daw hindi niya masikmura ang mga pinaggagawa sa saligang-batas ng mga abogado.

The doctrine of separation of powers is supposedly exercised independently by three branches — the legislative  branch of  Congress, the executive branch of the President, and the judicial branch with the Supreme Court occupying the highest tier of the judiciary.

The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council.  In effect, the judiciary being appointed by the president should be subservient to the president.  The word independency is very ironic.

Constitutional experts daw knew that the three other previous constitutions have effectively governed the country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.

The constitutions of Emilio Aguinaldo as president and the japanese occupation constitution  of José P. Laurel as president were the two other paper mess in our history.

The bill of rights such as due process and equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self-incrimination, and the right to habeas corpus was supposedly amply protected, and other basic matters that are important to the framers.

Constitutional experts recognize three other previous constitutions as having effectively governed the country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.

Two other constitutions were adopted  by the revolutionary forces during the Philippine Revolution with Emilio Aguinaldo as President and by the occupation forces during the Japanese Occupation of the Philippines during World War II with José P. Laurel as President.

The Malolos Constitution of 1899 was the first parliamentary-republican constitution in asia that separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body.  It was written in spanish with a president that was elected for a term of four years by a majority of the assembly.

The federal government of the united states that rendered the philippines as colony from December 10, 1898 to March 24, 1934, passed a Philippine constitutions defining the fundamental political principles and establishing the structure, procedures, powers and duties of the islands.

They enacted a law called the Philippine Organic Act of 1902,  also known as the “Philippine Bill of 1902” that created the Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission or upper house and the Philippine Assembly or lower house.

Also, it included a bill of rights for the filipinos and the appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent the Philippines in the United States House of Representatives.

The Philippine Autonomy Act of 1916, or Jones Law, modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house and replacing it with a Senate elected by Filipino voters, creating the Philippines’ first fully elected national legislature.

This act also explicitly stated that it was and had always been the purpose of the people of the United States to end their sovereignty over the Philippine Islands and to recognise Philippine independence as soon as a stable government can be established therein.

While the Tydings–McDuffie Act of 1934 provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention that adopted the 1935-1946 Commonwealth of the Philippines.  Supposedly, an assurance for a full and real independence for the philippines.

The  Constitutional Convention of 1971 tried to rewrite the 1935 Constitution.  The most controversial issue was to remove the presidential term limit and provide the election for a third term of the president, in favor of marcos.

In any case, the 1935 Constitution was suspended in 1972 with Marcos’ proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.

The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile.

In mid-1942 Japanese Premier had promised the Filipinos “the honor of independence” which meant that the commission would be supplanted by a formal republic.

Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943–1945).  José P. Laurel was appointed as President by the National Assembly and inaugurated into office in October 1943.

The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them.

All of the above is the basis of what we are now that started in the emergence of magdalo of aguinaldo.  Magdiwang of bonifacio was killed  together with “republika ng katagalugan” o “haring bayan”, caused by the magdalo and likes of aquino, cojuangco and the rest of the elected presidents who do not belong to the race of true river dwellers.

 

 

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