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Know your preamble
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IF you think the preamble of a constitution is nothing more than a list of decorative motherhood statements written in elegant language, you are gravely mistaken. The preamble is vital because it is a firm declaration of national purpose and a clear statement of the enduring principles that guide the State and its people. By analyzing a preamble, one can have an inkling of what a nation went through just to have that Constitution written, approved, and promulgated. That is probably why the preamble proposed by the majority of the Consultative Commission does not bode well for our future. They lifted it verbatim from the 1973 Marcos Constitution.

Let us go back to the First Republic of the Philippines, also the first in Asia, and its Constitution promulgated in Malolos on 21 January, 1899. It was written in Spanish and translated loosely in English, the preamble reads: "We, the Representatives of the Filipino people, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed and sanctioned the following..." The succeeding section is named "Political Constitution" and Title I describes the composition and powers of "The Republic." Evidently, the Fathers of our nation had just hurdled the anti-colonial phase of the struggle, were determined to defend the legitimacy and existence of the newly established Republic which they had envisioned to be a non-sectarian, independent State that would promote the general well-being of its citizens.

The 1935 Constitution of the Commonwealth reflected the guiding principles and aspirations of another historical period: "We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty and democracy, do ordain and promulgate this Constitution."

As for the 1973 Marcos Constitution, the preamble affirmed: "We the Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty and equality, do ordain and promulgate this Constitution." I do not know if that was the original preamble of the 1971 Constitution which was drafted by a Constitutional Convention whose members were duly elected by the people. Unfortunately, it was never promulgated because President Ferdinand Marcos declared martial law and altered it to his political and economic imperatives. He quickly removed the "Ban Marcos" provision, a hindrance to his continued stay in Malacañang.

When Marcos was overthrown in 1986, his successor, Mrs. Corazon Aquino, appointed about 90 people to draft, in 45 days, what was eventually approved as the 1987 Freedom Constitution. It is still in effect today and its preamble, an obvious reaction to the Marcos dictatorship, guaranteed "the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love equality, and peace," (italics mine). The Magnificent 7 – dissenters of the Arroyo -created Consultative Commission – remove "love" because it has no legal meaning but retained the other guiding principles which will surely see us through this turbulent period. However, the majority report accepted by GMA has resurrected the preamble of the 1973 Marcos Constitution. In that manner, they have deleted "rule of law" and "regime of truth," for very obvious reasons, and substituted "liberty," a political notion, for "freedom" which is an intrinsic human right. Perhaps they thought no one would notice or care about the watering down of values and principles enshrined in the preamble of the 1987 Freedom Constitution. (gemma601@yahoo.com) Tune in "Krus na Daan," DZRJ 810 AM band, Monday-Friday, 5-6 p.m.

Watch "Only Gemma!" RJTV, Mondays 7-8 p.m. Sky 19, Destiny 79, Home 12, Sun 65, UHF 29.

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