The Philippine Constitution is a Social Contract which embodies the cardinal rules and policies. harmonizing to which the Filipino people are governed by the State. The cardinal rules are abstract and as such they cover every facet of the life of the Filipino people ; while the cardinal policies cover specific countries of application of those rules. The cardinal rules remain fixed and lasting. but the policies built upon those rules can be modified or repealed by statute law to accommodate the demands of the times.
The rubric is merchandise of my out of the box philosophising about the commissariats of Section 1 and Section 26 taken together of Article II of our Constitution. I must state that philosophising does non state us my decisions and/or ideas are right or incorrect. true or false. but it has surely given me the footing upon which to show my meta-understanding of Section 1 and Section 26: Article II. Section 1 says: “The Philippines is a democratic and republican province. Sovereignty resides in the people and all authorities authorization emanates from them.
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” This is the most basic rule of the Constitution. and it refers to a natural jurisprudence as formulated and accepted in the head ; it refers besides to indispensable truth upon which other truths are based. Article II. Section 26: “The State shall vouch equal entree to chances for public service. and prohibit political dynasties as may be defined by jurisprudence. ” This is a policy built upon the rule of Section 1. and it refers to a planned line of behavior in the visible radiation of which single determinations on political dynasties are made and coordination is achieved.
Furthermore. political dynasties refer to the line of politicians of the same households. Every coin has two inseparable opposite sides – the caput and the tail – yet they complement each other as they are opposed to each other to represent merely one coin. Similarly. the political issue on dynasty has two opposite yet complementary sides ( a ) “the rule of political dynasty” of Section 1 and ( B ) the “the policy of political dynasty” of Section 26. Both Sections constitute one Article II. The policy of Section 26 names the specific country of application of the rule of Section 1 of the same Article II.
The policy of Section 26 is built upon the basic rule of Section 1. Furthermore. the cardinal rule of Section 1 remain fixed and lasting. but policies of Section 3 can be are modified or repealed by statute law to accommodate the demands and demands of the times. The People: The Godheads and Masters of Political Dynasties The phrase – “sovereignty resides in the people. and all authorities authorization emanates from them” – clearly shows that the people are the home ground of the sovereignty.
However. “people” have two distinguishable yet reciprocally complementary significances. viz. . “people as electorate” which is the beginning of political power of elective politicians and “people as corporate nation” which is the ground for being of elected politicians. These “dual significances of people” efficaciously signify that the elected politicians are “public servants” of the people ; hence the people are their “boss and master” in our democratic and republican province. non the manner around By virtuousness of their autonomous power. the people are superior to any and all bing political dynasties. whose ground for being is service to their Masterss. the people.
On moral evidences. the people must be awakened to the world that they are the foreman of political dynasties. and hence they have no ground to fear the. before. during. and after political elections. Centrality of Morality in the Constitution The centrality of morality to our Constitution is apparent in the Preamble. in the imploration to Almighty God for assistance to construct a merely and humanist society and to set up a Government that shall incarnate the Filipino ideals and aspirations and advance their common good under a government of truth. justness. freedom. love. equality. and peace.
The remainder of the Constitution revolves around these moral ideals and moral values. These are the moral foundations of the Social Ethics Society. There are socio-economic phenomena in many countries of the state where the life-style and the exercising of political power by political dynasties is betrayal of public trust. because it is non in agreement with the undermentioned moral jussive moods and standards of right and incorrect in public service: “Public office is a public trust.
Public officers and employees must at all times accountable to the people. function them with extreme duty. unity. trueness. and efficiency ; act with nationalism and justness. and lead modest life” . ( Article X on Accountability ) Every elected politician in the public service is bound to stay by those authorizations. Congress had passed anti-graft and anti-corruption Torahs. e. g. RA No. 6713. besides known as Code of Ethics for Government Officials and Employees. in the public service. However. it appears that many of our elective politicians pay merely “lip service” to anti-Graft and Anti-Corruptions Torahs.
For case. there are widespread phenomena of graft and corruptness in the public service. reportedly perpetuated by corrupt politician. many of whom are allegedly members of political dynasties. Centrality of Morality to Legality The Preamble provides the moral evidences and the foundation of ethical political relations of several Articles of the Constitution. No statutory jurisprudence is enforceable if it is unconstitutional ; and the Constitution can non be enforced if it is immoral. The bottom line – any enabling jurisprudence on political dynasty is lawfully adhering upon the Filipinos. merely if it is constitutional and moral.
A jurisprudence that is moral is ever constitutional. but a jurisprudence that is constitutional is non needfully moral. A Moral and Ethical Proposal I believe the policy of Section 26 which “prohibits political dynasties as may be defined by law” has two distinguishable opposite sides. ( 1 ) “the missive of the Constitution” which is the legalistic side. and ( 2 ) the “spirit of the Constitution” which is the ethical side. The pro-political dynasty advocators and boosters behave in agreement with legal political relations.
Their action is legal so long as there is no jurisprudence specifying and enabling the constitutional prohibition against political dynasties. Therefore. the anti-dynasty advocators and boosters should stand on moral and ethical evidences against political dynasties. It is my proposal on moral and ethical evidences that the anti-dynasty advocators should develop and advance the construct of “political dynasty of the people” based on the rule of Section 1 face-to-face the “political dynasties of oligarchs” based on the policy of Section 26 but built upon the rule of Section 1.
When there is a struggle between a rule and its policy. the rule should predominate over its policy. Moral. Ethical. and Legal Practices in Politics Moral and ethical are similar in significance in that they both have to make with the difference between right and incorrect. They are dissimilar in intending in that ethical tends to mention to a codification. system. theory. or criterion of judging rightness or inappropriateness of moral behaviour ; whereas moral tends to mention to more concrete picks and issues that arouse strong feelings.
In other words. moral refers to good and evil. while ethical refers to compensate and wrong. Because of the untruthful revelation of his SALN per Code of Ethics. former SC Chief Justice Renato Corona was found ethically desiring for which he was impeached. despite his superior legalistic cognition of jurisprudence ; Hence. we could state that “what is moral is ever ethical. but what is ethical is non needfully moral. ” Hence. when an elected politician acts harmonizing to RA 6714. his behaviour is ethical every bit good as legal – “what is ethical is ever legal. but what is legal is non needfully ethical” .
The Pursuit of Ethical Politics Our major job in the chase of ethical political relations is the deficiency of political will on the portion of the people as electorate. Let us rouse and educate their political consciousness. and authorise their political will by doing them witting of their being the political dynasty that is superior over all bing political dynasties of oligarchs” per authorization of Article II. Section 1 that the people are the home ground of autonomous power. but the exercising of such pwer is delegated and vested upon elected politicians.
Assume that Congress would ne’er go through the jurisprudence enabling the policy against political dynasties ; allow us so resort to the rule of Section 1 in Article II. This rule does non necessitate any enabling jurisprudence because it is exactly the ultimate footing of all enabling Torahs. This is the rule why the political campaigners try to win the ballots of the people during political runs. We have so Torahs ordering the demands of the policy to vote. The Social Ethics Society can get down the motion to marginalise the political dynasties. . if non wholly extinguish them finally from the political landscape of the Philippine.
