Amendment not Replacement

Constitution as what we known is the first and foremost legal framework of the republic. Historically Philippine Constitution has been replaced several times dating back on the era of the first republic was established. Several attempts are intitiated to amend or replaced the 1987 Constitution but it was welcomed with mixed opposition.

The very first Constitution groundwork was the 1899 Constitution at the Malolos convention attended by the statesmen of the revolutionary goverment of the first republic. This did not survive and was replaced by a 1935 Constitution under the commonwealth goverment. The second Constitution however did not survive also and was replaced by a 1973 Constitution promulgated after former president Ferdinand Marcos' declaration of martial laws that introduced a presidential parliamentary type of goverment. Under the 1973 Constitution the head of the republic which is the president could be re-elected to an unlimited number of terms. Subsequently amendments to the 1973 Constitution are introduced to allow the president to consolidate it's power. After president Marcos was removed from Malacanang thru civilian back revolt known as the very first people power his predecessor former president Corazon Aquino issue proclamation order number 3 to form a convention with the intent of replacing the 1973 Constitution. Thus the 1987 Constitution was created and accepted by the majority thru a referendum.

The Constitution as what we know is the supreme law in the land. Ammendments not replacement of the entire Constitution is somewhat needed. These are for the reason to close some gap and/or loopholes found in the Constitution. The task of amending the 1987 Constitution is not an easy one. What are the prerequisite in amending the Constitution?

Article 17 Section 3 as stated in the Constitution that the Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

And Article 17 Section 4 also stated that any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

A major roadblock to amending the Constitution was the political discontent of the electorate. At the outmost the electorate believe that there was a hidden agenda with fear of issues ranging from extending the terms of the office of a public officials. Lacking of educating the electorate and dissemination of information regarding items to be amend, purposes behind needed amendments. Also consider the lack of widely general consultation with the electorate.

Notably some long overdue ammendments needed in the Constitution are as follows:

1. Additional requirements for President, Vice-president, Senators, and House of Representatives.
   
   Must have at least a four year bachelor degree in any field
   
   This additional qualification demonstrates that the person seeking an elective position in the goverment must have a steadfast commitment in education. Public offices eligibility requirements particularly the highest office position in the land must require that education attainment is an important factor in carrying out duties that requires due diligence in policy making decisions also.
   
   In most cases this is well known, a job opportunity advertise for the position of administrative assistance requires a four year college degree from a reputable colleges or universities. Civil servants also are required to have a bachelor degree to be able to qualified for a goverment offices. To note that the highest office in the land which is the presidency does not require to be a holder of a college degree.



2. Additional restriction to the terms of the office for Senators and Representatives.
   
   No Senator or Member of the House of Representative shall be eligible to apply to any other elective position in the goverment without voluntarily resignation from his/her office.
   
   At present a Senator has six years terms and Representatives has three years. Noting nothing is wrong in this terms however if a Senator or Representative runs for other public elective office in the middle of his/her term and loses, this gives them the option to continue their remaining office terms or voluntarily vacate out of delicadeza, or sense of discretion. Yet, it is gurantee under the 1987 Constitution that legislative members cannot hold any other office or employment in the goverment.
   
   Article 6 Section 13 as mandated in the 1987 Constitution stated as that no Senator or a Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.



3. Proportionate representation on each island in the Senate. Each island luzon, visayas, and mindanao should be exclusively represented by at least 2 Senators and the remaining 18 would be determine by a vote at large. This would at least give an opportunity for each island an equal representation in the senate, somehow an opportunity for equal representation in the Senate. This will also provide an opportunity to distribute country wide development program in each island.