PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and devel- op our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Meaning of Preamble. ‘The term preamble is derived from the Latin preambulare which means “to walk before.” It is an introduction to the main subject. It is the prologue of the Constitution, Preamble not essential in a constitution. ‘Technically speaking, the Preamble forms no integral part of our Constitution. Of itself alone, it cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied therefrom.* It is significant to note, however, that a majority of the constitutions of the world contain a preamble. Object and value of Preamble. (1) Sets down origin and purposes of the Constitutioy While a preamble is not a necessary part of a constitution, it is advisable to have one. In the case of the Constitution of "Pucker on the Constitution, p. 381. *See 1, Story on the Constitution, p. 961. 4950 TEXTBOOK ON THE PHILIPPINE CONSTITUTION eamble which is couched in genera) Philippines, the Pr ae ees 4 outline of, and the spirit behind, the terms, provides the broa Constitution. It serves two (2) very important ends: (a) It tells us who are the authors of the Constitution and for whom it has been promulgated; and (b) It states the general purposes which are intended to be achieved by the Constitution and the government es- tablished under it, and certain basic principles underlying the fundamental charter. (2) May serve as an aid in its interpretation. — The Preamble has a value for purposes of construction or inter- pretation of the meaning of constitutional provisions. The statement of the general purposes may be resorted to as ‘an aid in determining the meaning of vague or ambiguous provisions of the Constitution proper. By way of illustration, the government is without power to impose taxes for private purpose because according to the Preamble it is established for public purpose — the promotion of the common good — and not for private purpose. Source of Constitution's authority. (1) The Filipino people. — The Constitution begins and ends with the words, “We, the sovereign Filipino people, imploring the aid of Almighty God x x x, do ordain and promulgate this Constitution.” Thus, the Filipino people themselves (not just their representatives) are the source from which the Constitution comes and being so, it is the supreme law of the land, ‘The Preamble retains the use of the term “Filipino people” se their oneness and solidarity. It is different from ie oie ves of the Philippines” which may refer te the e ‘e body of inhabitants, a mere “; ion” of individuals, Ce ere “aggrupation” of indivi _ ©) A sovereign people, — The Constitution calls the Fili- Pino people “sovereign.” The first person approach consisting of the use of the pronouns “we” and “our” has also bee? retained instead of the impersonal third person approach (i.e 4PREAMBLE 61 “the Filipino people” and “their”) in the Preamble of the 1935 Constitution. The intention is to stress that the Filipino people; in ordaining and promulgating the Constitution, do so on their own authority as a sovereign people and not by virtue of the authority or permission given by a superior foreign power. Belief in God stressed. Our Preamble is in the form of a collective prayer. The Filipinos are intensely religious people. In imploring the aid of “Almighty God,” they declare and affirm their belief in the existence of a Supreme Being that guides the destinies of men and nations. They acknowledge the “overruling power of God over the affairs of nations and all human beings.” They recognize the fact that with the help of a personal God to whom they are all accountable, they will be able to achieve the ideals and aspirations to which they are committed, particularly in laying a strong foundation for building a “just and humane society,” which is not possible in a Godless society. In a sense, they acknowledge God as the source of their authority. ‘The Philippines is the only predominantly Christian and partly Muslim nation in Asia and East Pacific Region. National purposes and aims in adopting the Constitution. As set forth in the Preamble, they are: (1) To build a just and humane society; and (2) To establish a Government that shall: (a) embody our ideals and aspirations; “Christianity and Islam are the two (2) leading religions of mankind that co-exist in Philippine society today. Islam eame to the southern Philippines at about the beginning of the 14th century, or even earlier, through foreign ‘Muslim traders — and later, mainly throuh Muslim missionaries. The intro. duction of Christianity to the Filipinos began in 1565 when Miguel Loper de Legazpi came to colonize the Philippines. Over 90% of the population today are Christians, mostly Catholics. Luzon and Visayas are almost entirely populated by the Christians. Even Mindanao is settled largely by Christians except for the provinces of Maguindanao, Basi. Jan, Sulu, Tawi-Tawi, Lanao del Sur, and Lanao del Norte where the Muslims preponderate.82 ‘TEXTBOOK ON THE PHILIPPINE CONSTITUTION (b) promote the common good; (©) conserve and develop our patrimony; and (d) secure to ourselves and our posterity the blessings of independence and democracy under the rule of law anda regime of truth, justiee, freedom, love, equality, and peuce, Attainment of the constitutional goals. (1) Root causes of our present problems. — After more than a half century of independent existence,‘ the Philippines continues to be beset with pressing economic, political, and social problems usually associated with underdevelopment. To be sure, every administration has been responsible, one way or another, for the slow progress of our country. A simple analysis will reveal that the root causes of our country’s problems can be traced to a large extent to the government machinery itself — graft and corruption, excessive partisan politics, blunders in economic policies, and mismanagement, among others.* (2) Government envisioned by the Constitution. — The two (2) goals — to build the kind of society and to establish the kind of government set forth in the Preamble — are attainable only if the government actually established is of the character envisioned by the Constitution. (a) That government must be democratic, i.e., based on the consent of the governed, and it must be so not only in its structure but more importantly, in its operation. (see Art. Il, Sec. 1.) For instance, it is not enough that laws are just and humane — they must be applied justly ad humanely; or that periodic elections are held — they must “he principles and State pol ted i policies enumerated in Article Tl encompass atfiem these values, ideals and aspirations ofthe Filipino people. From the United States, with the proclamation of independence and i auguration ofthe Republic oth Pilippines on duly 4 1946, public perception of these shortcomings plus the inability of *D* government to satisfy the basic needs of our increasing population, have & fendered misgivings in the minds of many inthe effectiveness of te ex3t5& system, and have, infact, contributed to our Inck of unity and oneness people, Ibis time that we look for a process that would convince the mass that democracy ean solve their problems and make a difference in thei HivePREAMBLE Le} be clean and orderly and must accurately reflect the will of the electorate. (b) That government must be administered by honest, competent, and dedicated men and women who consider public office as a public trust. (Art. IX, Sec. 1.) (©) That government must be responsive to the peo- ple’s needs and expectations, exercising power and author- ity in view only of the common good, always guided and controlled by the laws and the Constitution. (3) Single biggest factor for national solidarity. — Such a government is, beyond doubt, the single biggest factor for national solidarity for it commands the respect and confidence of the citizens in its integrity and competence. It, therefore, can readily secure their support and cooperation behind great undertakings and, in times of grave crises, count on their loyalty and patriotism to make sacrifices, and if need be, to defend it and the democratic ideals and values (e.g., rule of law, respect for human dignity, freedom, equality) it stands for. (4) Key to a successful democracy. — Only when we succeed in establishing a truly popular “government that shall embody our ideals and aspirations,” as intended by the Constitution, can we overcome whatever difficulties and meet whatever challenges that we face today and may confront us in the future. Only then can we build for ourselves and the succeeding generations a vibrant democracy that can withstand the toughest tests of events and assure a life of prosperity and progress, justice and dignity for all, especially the poor and the Jess privileged in our society who up to now constitute the vast majority of “the sovereign Filipino people.” (see Art. II, Secs. 9-11.) Changes in the Preamble. (1) The Preamble, consisting of 75 words, is one of the world’s longest preambles. It has 15 words more than that of the 1973 Constitution. (2) The phrase Almighty God replaced “Divine Providence” in the 1935 and 1973 Constitutions which was considered vague and impersonal. The latter term was used in the 19734 TEXTBOOK ON THE PHILIPPINE CONSTITUTION, Constitution as a compromise to accommodate some atheigy the 1971 Constitutional Convention. iy (3) Common good is used to refer to all the people inp, of “general welfare” which is not as inclusive as it may interpreted to refer only to the welfare of the greater "ai (even to the great prejudice of the minority)’ and free instead of “liberty” because the latter word does not ex freedom from want, fear, and ignorance. (4) Other amendments are the insertion of the fallow phrases and words: (a) to build a just and humane society, to stress that in ordaining and promulgating the Constitution, the pur pose is not only to establish a government but also sucha society where inequalities or inequities in any form do mt exist. This is especially relevant in our society today where there are so few with so much and so many with so little; (b) the rule of law (see Introduction-E.), the Constitu tional Commission apparently having in mind the country’s experience of authoritarian rule under a former regine which had been accused, among others, of human rights violations, electoral frauds and terrorism, suppression of dissent, abuse of the decree-making power, and unequal application of the la “The concept of “common good” contemplates a society which enables ¢” ery momber to attain his or her integral or fullest development, in all the & pensions of a human being, ie., economie social, cultural, and political. (6 Art. Il, Sec. 17; Annotation to Art. XIV, Sec. 1,) rings Tamers rejected the uso of “general welfare” which is funded oe ra rapple Of the “greatest good for the greatest number.” This principle whi elated om Western nite canbe invoked eens aptentos Beau th expense ofthe minority. It cannat be a sure guide for protecting Tahis of every human being where, for example, issues of truth, jusice saat are determined by majority vote. Under the eoneept of te ‘com? jn €overnanee of a nation, there ean never be an instance in Whi ‘Socalled “tyranny of the majority” can prevail to vietimize the minori Creare thet are absolute and definitive and will never change unde? sre gmatances (eg, murder, rape, imprisonment of an innocent perso" ¢ and the disadvantaged is mo oe 7 in keeping with Filipino culture and the of social justice enshrined in a Hipino calf ‘our Constitution. (see Art. XII, Secs. 1-2.)PREAMBLE 65 (©) aspirations, to stand for the unrealized dreams of the nation as distinguished from “ideals” which refer to ac- cepted norms and sentiments. There is one dream that all Filipinos can share, and it is to make our country a free, peaceful, and prosperous nation for our children and our children’s children so that they may have a better life than we have had; (d) truth, to emphasize the constitutional policy of transparency, accountability, and integrity in the admin- istration of the government (see Art. XI, Sec. 1.), without which there can be no good governance. Truth is not what one thinks it should be. It is not something which is true today, not tomorrow. There is always an objective measure for the truth. The ideal of truth is intimately connected with that of justice which is to be accorded to everyone no matter what his creed or status in the life may be. Indeed, without the truth, there can be no justice; and (e) love, as a directive principle of the Preamble to- gether with truth, justice, freedom, equality and peace. It is love that drives us to be loyal and self-sacrificing and to care deeply about the happiness of others and our nation’s welfare especially when it is gravely imperiled. In many parts of the country today, intense partisan conflicts and political rivalries, not to mention the long-drawn communist armed rebellion and the secessionist movement in the south, and the repeated coup attempts by disaffected Armed dissidence against the government has raged virtually without let-up since the late 1940s. It was followed by the Hukbalahap rebellion, then beginning 1970, by a Maoist insurgency. he separatist rebellion among the Muslim communities of Sulu and Western Mindanao which took an increas- ingly religious color started in 1969. The communist and Moro insurgencies — ongoing for decades — have the dubious distinction of being two (2) of the ‘world’s longest-running internal armed conflicts, There aro findings that the frequency of armed conflict is not directly related to hardship per se — inei- dence of poverty or income inequality — but the feelings of deprivation (eg, lack of aceess to electricity, reliable water supply, education, ete.) and unjus. tice in communities when they see others are better served. {As ofthis writing, the Government is still engaged in peace talks with the National Democratic Front (NDF), the political arm of the Communist Party of the Philippines (CPP), A final peace settlement was forged with the Moro National Liberation Front (MNLF) in 1996, However, the Government has toSTITUTION [LIPPINE CON’ ON THE PHI 56 TEXTBOO avernment, have engendereg overthrow the BOY yinder Our PrOgTess ang ilitary rebels to " Laer and tensions, ane hatred, violence development. " dentally, our Constitution is the only one Hy ite, world foerensiea ove in its text which cam a0 be read as “human fraternity” or “brotherhood.” MNLF, the Moro Islamic Libera. ithe secession of Mindanao. On : tt (GPH) and the MILF inked a Octabor 19, 2001, the Philipine ST Malaysia. On October 12, 2012, cease-fire operations pact at Kuala }U™PIX. "ry was signed by the GPH Sfremowork Agreement on the Bangsamar (J and the MILF. “The GPH and the MILF signed on January 25, 2014, the 4th and re maining Annex (on normalization) to the FAB completing the Comprehensive ing Anne on jangsamoro (CAB). The proposed Bangsamoro Basic Law (BBL) to be drafted by the 15-member Bangsamoro Transition Commission (BIO) earlier created, will be submitted to Congress, and after its passage, it Will be presented to the Bangsamoro residents for ratification in a plebiscite by 2015. The approval will be followed by the election of a new set of officials that ‘will be synchronize with the 2016 general elections. ‘The BBL will formally create a new political entity called “Bangsamoro Region” that will replace the existing four province of Muslim Autonomous Re- gion, with large territory, expanded jurisdiction, and greater autonomy, partic- “lary in generating revenues, According to the GPH it wants to incorporate in ‘the BBL the best features of the 1996 ‘Final Peace Agreement with the MNLF and the Organic Act of the Autonomous Region in Muslim Mindanao (ARMM). From the very beginning, the MILF and the Bangsamoro Islamic Free- dom Movement (BIFM) which split from the MILF in 2008, opposed the peace negotiation between the GPH and the MILF. They continue to press for inde- Denese of Mindanao and the establishment of an Islamic state in the region. soa tanee Islamic Freedom Fighters (BIFF) is the armed group of the ee Art. X, Secs, 15-21. uring the administration of President Coraz inc Without a sense of lave to bind the ilipinos snd els thove chew ore sompasson, conc, and understanding for one another, national unity and Favs itr hi mae oe inet ___ The time ealls to see ourselves Filipino nati divided dit a as one Filipino nation rather than being ‘according to our geographical, political, religious, and ethnic diffor- ences, We need to be united becau the same world aad ia thease We are all brothers and sisters living in same “Almighty God,” But ion of the rnd with a breakaway faction of # ceont (MILF) which continued to support | | |PREAMBLE 67 (5) The word independence in the 1935 text of the Pream- ble (which was almost an exact reproduction of the Preamble of the U.S. Constitution except for some alterations in phraseol- ogy) was changed to “democracy” in the 1973 Constitution for the reason that the term denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 Constitution), and it is long after 1946 when the Philippines had become legally independent from the United States.* It ‘The independence of the Philippines was changed from July 4 (1946- 1961) to June 12 (beginning 1962), the date General Emilio Aguinaldo pro- claimed the independence of the Filipinos at Kawit, Cavite, in 1898 under Proclamation No. 28 (lune 12, 1962) issued by President Diosdado Macapagal (confirmed by Congress in R.A. No. 4166 approved on Aug. 4, 1964) to correct ahistorical error that was done since 1900 involving the true date of our coun- tty’s independence. “The celebration of independence refers to its proclamation rather than to the final establishment of the government. x x x The historical fact was that the Filipinos proclaimed their independence from foreign rule on June 12. Even the National Anthem and the Filipino flag which are essential features in the birth of a nation were played and displayed, respectively at the indepen dence proclamation in Kawit.” The celebration of independence day on July 4 “seemed tantamount to the celebration of Philippine subjection and depen- dence on the United States which sorved to perpetuate unpleasant memories x xx, The celebration of independence day on June 12, on the other hand, would bea greater inspiration to the youth who would consequently recall the heroes ofthe revolution against Spain and their acts of sublime heroism and martyr- dom. These acts compare favorably with those of the heroes of other nations.” ‘While it is true that the Philippines gained self-government from the United States on July 4, 1946, it had declared its independence 48 years ear- lier on June 12, 1898, a fact recognized by Proclamation No. 281 and R.A. No. 4166. The United States did not grant our independence; it restored it. From the start of American colonial rule to July 8, 1946, it can be said that our inde- peridence was in a state of susponded animation. ‘The effort of changing the celebration of independence from July 4 to June 12s not solely eredited to President Macapagal but also to historians, nation- alists, and academician headed by Prof. Gabriel Fabella ‘The reasons why 12 June 1896 was deemed as the most logical date of Philippine Independence were embodied in the resolution drafted by members of the Philippine Historical Association then headed by Prof. Gabriel Fabolo. Copies of which were circulated to the members of Congress and to various ‘newspaper for publication and public awareness. ‘The following are its salient points: “(1) Established by precedence, Unit- ed States of America celebrates its independence every 4th of July being the date when they declared their independence from the British on 4 July 1766, not 3 September 1783 when the British recognized American Independence; (@) If Philippine Independence will be celebrated every 4th of July alongside with American Independence Day, our celebration will be dwarfed and the international community and diplomats would fail to celebrate and recognize58 TEXTBOOK ON THE PHILIPPINE CONSTITUTION is restored to stress our being an independent nation, “free to build and chart our own destiny, in our own time and in oup own way.”# Of course, there is no nation in the world that is truly independent, especially in the present age of diverse and borderless global economy in which we live. Each nation is to a certain degree dependent upon others, for no nation, no matter how progressive and prosperous, can be completely self- sufficient. The constitutional goal is self-reliance and freedom from foreign control and intervention in the development of our national economy (see Art. II, Sec. 19.) and the pursuit of our foreign policy. (Ibid., Sec. 7.) 3 (6) The words peace and equality were inserted in the 1973 Constitution in view of the turbulence, and the waves of protest against “basic economic and social inequalities” then prevailing in the country at the time of the framing of the same. These conditions continued to exist up to the last days of the Marcos regime. us; (@) July 4 as Philippine Independence Day is a date that was made and declared by the US Congress, not by the Filipino people, whereas June 12 was, chosen and declared by the Filipino people by virtue of R.A. No. 4166 enacted by the Philippine Congress; (4) The declaration of Philippine Independence took place on 12 June 1898, whereas, 4 July 1946 only signified US recognition of Philippine Independence; and (6) If the Philippines would celebrate indepen- dence every 4th of July, the international community would think of the Phil- ippines as not free at all but remained a part of US, or at best as its puppet '8Qur independence is something which is valuable and priceless. We mv! guard and protect it and work together so that real and authentic independence could be achieved by us without depending too much on other nations. It is well to remember that our struggles for independence was not only to have a nation free from foreign domination but also to build a society where all Filipinos par ticularly the toiling masses would be able to enjoy economic freedom by securing to them the necessities of life in their own land. We should not take our Inde- pendence Day for granted. It embodies all our achievements as a people and reflects the common aspirations of past, present, and future generations of freedom-loving Filipinos. It serves as a good reminder to posterity of the het ism of our forefathers who selflessly put their lives and fortunes on the line in defense of their native land and human dignity. !8There was a growing public perception that the country needed a new charter to curtail the powers of the President and to reform what advocates thought was a rotten political system, particularly in the light of the wide- spread belief that Marcos had cheated in the 1969 elections in order to win # second term.PREAMBLE 59 (a) While the idea which “equality” signifies is already embodied in the term “democracy,” it was deemed impera- tive that emphasis should continue to be made in the new Charter of the egalitarian objectives of our society. But the intended principal beneficiaries of a “regime of x x x equal- ity” are the poor and marginalized in our society. As to them, because of their disadvantageous situation, equality really means protection under the principle of social justice which imposes upon the State the duty to accord preferen- dal attention to and solicitude for their welfare. (see Art. 19) (b) The Preamble is speaking of domestic peace and it exists not merely when there is absence of armed conflicts, hostilities, or lawlessness. This absence may be one that is attained through the use of violence or the imposition of will over the people by means of control. Neither is it the state of being left alone to do as one wants. It does not mean absolute human freedom from all cares or distur- bance. As used in the Preamble, “peace” should be under- stood more in its positive sense, meaning the presence and primacy of law, order and justice, which after all are the very foundation as well as end and purpose of every demo- cratic government. — 000 — *The Filipinos are innately a peace-loving people who cherish their fami- lies and uphold family values. (se Art. XV.)Tn the faaly, values neceasary for eace-uilding ean be learned. To be Sure, peace begins within the individual atid then itextends to our family, the society, and the world, One ofthe ways to achieve pence is for each of us to respect the rights of thers and to also consid. cr their welfare and not solely our own, ‘There can be no peace without justice.