Amendment Proposal on Article XIV of the 1987 Constitution

I. Introduction

The 1987 Constitution is regarded as one of the most enduring constitutions in the world,
having remained unchanged for nearly 34 years. This is considered as an irregularity, given that
most constitutional scholars agree that a constitution is never certain or eternal, even though they
continue to debate the optimal lifespan of a nation-state’s constitution. Many Filipinos lament the
overcentralized government system because of how the executive authority is expressed in the
1987 Constitution, given that the constitution was developed and passed after the rule of former
President Ferdinand Marcos. Indeed, the President's authority over the state bureaucracy, as
embodied in the 1987 Constitution, is nearly unlimited, ranging from appointment to dismissal,
military authority, the authority to implement legislation, pardoning authority, borrowing
authority, diplomatic authority, and budgetary authority, among others.

However, most constitutional scholars and experts believe that no constitution is

infallible or eternal. These experts assert that while some clauses in the constitutional text may
have been drafted with the best of intentions, they may ultimately become crippling to the
political system they are intended to control. Constitutional amendment initiatives are an integral
part of being a constitutional democracy. Resisting such an initiative, if it is backed up by a
legitimate democratic consensus-building mechanism, is also an important part of constitutional
democracy.

The Philippines, as a representative democracy, fits well into this sense of constitutional
reform. Clearly, the present administration under President Rodrigo Duterte is dedicated to
raising public consciousness and support for federalism and charter reform. Constitutional
reform, alternatively referred to as charter change in the Philippines, refers to the political and
legal processes needed to amend the country's 1987 Constitution. However, there is no assurance
that Filipinos can unite behind a constitutional amendment. Although no amendment to the 1987
Constitution has been successful, many high-profile attempts have been made and none entered
the referendum stage of ratification.

There is then a call for the 1987 Constitution to be revised with insufficient provisions to
address new needs, including rights supplementation. Otherwise, a constitution's text would be
incapable of reflecting changing social conditions and political needs over time. Nevertheless,
the constitution must be safeguarded against ill-conceived or partisan revisions.

Finally, in a democratic country, the people surpass the legislative bodies that propose or
the executive that supports amendments. The public has the authority to ratify these amendments
through a referendum; however, each step involved in the formulation of an amendment is
critical. Although a proposal is not final, it must represent the nation's true needs and be written
by objective and trained individuals. As a result of identifying shortcomings and ambiguities in
Article XIV, the authors of this paper suggest amendments addressing 1) increased government
support and development of secondary and tertiary educational institutions with technological-
advanced equipment; and 2) enhancement or addition of teacher benefits.
 Since recommendations must take practical considerations into account, the authors have
written this amendment proposal with the intention of being included alongside other, more
urgent changes or as part of a comprehensive constitutional reform. Regardless, the value of an
Article XIV amendment remains, as the Philippines is unlikely to stop discovering constitutional
shortcomings in the coming years. Since the constitution is the fundamental law of a state or
country, it should be broad in scope and not limited to a single occurrence or moment.
Additionally, it should be something that will last for a long period of time, since the constitution
is referred to as the nation's bloodline, and its contents should be deemed safe for current and
future generations.

II. Identification of the Provision to be Amended

The Article XIV of the 1987 Constitution guarantees every Filipino person the right to an
education and the opportunity to receive the free education they deserve. Additionally, the
constitution promotes the ideals and culture of the Philippines by instilling in each student an
understanding of the importance of appreciating what the country has to offer. Furthermore, the
constitution protects the rights of all Filipino teachers and this is to safeguard and improve the
rights enjoyed by teachers. The legal foundations of the Philippine Education System were
established to ensure that the country has a solid framework upon which officials can base their
decisions about the improvement of Philippine education.
However, with educational advances, technology is gradually supporting and
transforming education in a variety of ways, from making it easier for teachers to produce
instructional materials to enabling new ways for people to learn and collaborate. It is thereby
crucial to promulgate first-class education to every region in the country by enhancing the
technological equipment within schools and universities and increasing benefits given to
teachers.
The first section to be amended under this article is Section 5, which reads:

SECTION 5. (1) the State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching
will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.
 In this section, the Philippines is bound by the core obligations imposed on all member
States by international treaties such as the 1948 Universal Declaration of Human Rights (Article
26), the 1960 UNESCO Convention Against Discrimination in Education, the 1966 International
Covenant on Economic, Social, and Cultural Rights (Article 13), that recognize the right to
education as a fundamental human right. States are mandated by these international treaties to
provide free and compulsory primary education, to make secondary education generally
accessible, and to make higher education generally accessible based on individual capacity,
while progressively introducing free education at each of these stages.
The next section to be amended is Section 10, which reads:
SECTION 10. Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation, and their
utilization; and to science and technology education, training, and services. It shall support
indigenous, appropriate, and self-reliant scientific and technological capabilities, and their
application to the country’s productive systems and national life.

Section 10 states that the state shall prioritize research and development (R&D),
creativity, and innovation, as well as their utilization, as well as indigenous, necessary, and self-
sufficient scientific and technological capacities, as well as their application to the country's
productive systems and national existence. This section formalized the country's commitment to
leveraging homegrown technologies and scientific breakthroughs for national development and
inclusive growth.

However, given the high cost of raw materials needed to conduct research and produce
innovations, faculty researchers and inventors face financial constraints and may be tempted or
compelled to sell their inventions to non-Filipino inventors willing to pay a premium for them.
This necessitates a boost in government funding for Filipino inventors. Amendments to the 1987
Constitution should be made to improve the frameworks for providing critical support to the
country's inventors and faculty researchers alike, with a particular emphasis on providing
technological, financial, legal, and marketing assistance to Filipino inventors and their
inventions. This will be addressed in greater depth in the following section of this paper.