The Philippine Constitution is a Social Deal which embodies the fundamental concepts and guidelines, according that the Philippine people are governed by the Express.
The fundamental rules are subjective and as such they will cover every factor of the life of the Filipino people; while the critical policies cover specific parts of application of individuals principles. The fundamental principles continue to be fixed and permanent, nevertheless the policies created upon these principles may be modified or perhaps repealed by simply legislation to suit the demands of the occasions. The title is usually product of my out from the box philosophizing about the provisions of Section 1 and Section 26 considered together of Article 2 of our Cosmetic.
I must declare philosophizing does not tell us my own conclusions and thoughts happen to be right or wrong, the case or false, but it features certainly provided me the foundation upon which to present my meta-understanding of Section 1 and Section dua puluh enam: Article II, Section one particular says: The Philippines can be described as democratic and republican express. Sovereignty lives in the persons and all government authority hails from them. This is the most elementary principle of the Constitution, and it refers to a natural law as formulated and acknowledged in the brain; it makes reference also to essential real truth upon which additional truths happen to be based.
Content II, Section 26: The State shall guarantee equivalent access to opportunities for open public service, and prohibit personal dynasties while may be identified by law. This is an insurance policy built upon the basic principle of Section 1, and it identifies a designed line of conduct in the lumination of which specific decisions on political lignage are made and coordination is usually achieved. Furthermore, political lignage refer to the line of politicians of the same people. Every coin has two inseparable opposite sides the head and the tail yet that they complement one another as they are in opposition to each other to constitute just one coin.
Similarly, the personal issue on dynasty has two contrary yet supporting sides (a) the principle of politics dynasty of Section one particular and (b) the the policy of political dynasty of Section 26. Both equally Sections make up one Document II. The policy of Section dua puluh enam names the actual area of using the rule of Section 1 of the same Article II. The coverage of Section 26 is built upon the fundamental principle of Section 1 . Moreover, the fundamental principle of Section 1 remain fixed and permanent, but policies of Section 3 could be are customized or repealed by guidelines to suit the needs and demands of the times.
The individuals: The Designers and Experts of Personal Dynasties The phrase sovereignty is located in the persons, and all government authority hails from them clearly demonstrates that the people are definitely the habitat from the sovereignty. However , people have two distinctive yet mutually complementary meanings, namely, people as electorate which is the origin of politics power of selected politicians and people while corporate nation which is the reason for being of elected political figures.
These dual meanings of people successfully signify that the elected politicians are public servants of the people; hence the people happen to be their boss and master in our democratic and republican state, not really the way about By virtue of their particular sovereign electric power, the people will be superior to any and all existing politics dynasties, whose reason for staying is service to their masters, the people. In moral grounds, the people has to be awakened to the reality that they will be the supervisor of political dynasties, and so they have zero reason to show concern the, ahead of, during, along with political elections.
Centrality of Morality in the Constitution The centrality of morality to our Constitution is usually evident in the Preamble, in the imploration to Almighty God for aid to build a simply and humane society and establish a Federal government that shall embody the Filipino values and goals and showcase their common good within regime of truth, justice, freedom, like, equality, and peace. The rest of the Constitution involves these meaningful ideals and moral values. These are the moral footings of the Social Ethics Culture.
There are socio-economic phenomena in lots of areas of the region where the life-style and the exercise of political power by political lignage is betrayal of community trust, because it is not in accord with all the following meaning imperatives and criteria of right and wrong in public places service: Public office is a public trust. Public representatives and staff must all the time accountable to the people, serve associated with utmost responsibility, integrity, loyalty, and effectiveness; act with patriotism and justice, and lead modest life. (Article X upon Accountability) Just about every elected presidential candidate in the public service is likely to abide by these mandates.
Our elected representatives had exceeded anti-graft and anti-corruption laws and regulations, e. g. RA No . 6713, also known as Code of Ethics to get Government Representatives and Staff, in the community service. Nevertheless , it appears that quite a few elected politicians pay only lip service to anti-Graft and Anti-Corruptions laws and regulations. For instance, there are widespread trends of bribery and file corruption error in the community service, apparently perpetuated simply by corrupt presidential candidate, many of which are apparently members of political dynasties. Centrality of Morality to Legality The Preamble supplies the moral grounds and the foundation of ethical national politics of a number of Articles of the Constitution.
Zero statutory legislation is enforceable if it is out of constitute; and the Metabolism cannot be forced if it is immoral. The bottom line any permitting law about political empire is legally binding after the Filipinos, only if it can be constitutional and moral. A law that is moral is often constitutional, but a rules that is constitutional is not necessarily moral.
A Moral and Ethical Proposal I believe the policy of Section 26 which prohibits political lignage as can be defined by simply law provides two distinct opposite factors, (1) the letter with the Constitution which can be the legalistic side, and (2) the spirit in the Constitution which can be the moral side. The pro-political dynasty advocates and promoters act in contract with legal politics. Their very own action is usually legal providing there is no law defining and enabling the constitutional forbidance against political dynasties.
Consequently , the anti-dynasty advocates and promoters will need to stand on moral and ethical environment against politics dynasties. It really is my proposal on ethical and moral grounds the anti-dynasty advocates should develop and promote the concept of political dynasty in the people based upon the theory of Section 1 face-to-face the political dynasties of oligarchs based on the policy of Section 26 yet built upon the principle of Section 1 . Once there is a conflict between a principle and its policy, the principle will need to prevail more than its policy. Moral, Moral, and Legal Practices in Politics Moral and ethical are similar in meaning for the reason that they both have to do with the between right and wrong.
They are different in meaning in that moral tends to consider a code, system, theory, or common of judging rightness or wrongness of moral behavior; whereas moral is likely to refer to even more concrete options and issues that arouse solid feelings. Quite simply, moral identifies good and evil, although ethical identifies right and wrong. Because of the untruthful disclosure of his SALN per Code of Ethics, past SC Key Justice Renato Corona was found ethically wanting that he was impeached, despite his superior legalistic knowledge of legislation; Hence, we’re able to say that what is meaningful is always moral, but what is usually ethical is definitely not necessarily moral.
Therefore, when an elected politician acts according to RA 6714, his behavior is ethical and also legal what is definitely ethical is often legal, but what is legal is not necessarily ethical. The Pursuit of Honest Politics The major problem inside the pursuit of ethical politics is definitely the lack of political will for the people because electorate. Let us awaken and educate their very own political awareness, and allow their personal will by making them aware about their getting the politics dynasty that may be superior over all existing personal dynasties of oligarchs per mandate of Article II, Section you that the folks are the environment of sovereign power, nevertheless the exercise of such pwer is assigned and vested upon selected politicians.
Imagine Congress would not pass legislation enabling the policy against political lignage; let us then resort to the principle of Section 1 in Article II. This kind of principle would not require any enabling legislation because it is exactly the ultimate foundation all allowing laws. This can be the principle for what reason the politics candidates make an effort to win the votes of the people during political advertisments. We have certainly laws recommending the requirements in the policy to vote.
The Social Integrity Society may start the movements to marginalize the politics dynasties, if not entirely eliminate them eventually through the political surroundings of the Philippine.