The
main purpose of the Bill Of Rights was to guarantee the individual rights of the
citizen under the constitution. These are rights expressly and explicitly provided
in our constitution that serves as safe guards of the basic rights of the
people as provided by the state within its territory, regardless of
citizenship, sex, race, color or creed. These are rights that have adopted and
have evolved through time providing balance and harmony between the powers of
the three branches of government and the right of its people. As one of the
Founding Fathers of one of the great nations in the world stated that “A bill
of rights is what the people are entitled to against every government on earth,
general or particular; and what no just government should refuse, or rest on
inferences”. These are rights of the people that the state should respect and
protect for these are basic principles that government should adhere and
follow.
Upon
learning and understanding the twenty two sections of the Bill Of Rights of the
Philippines under Article III of the 1987 Constitution wherein mostly serves as
protection of a person against the technicalities and intricacies of our system
of government rather than safeguarding the most basic and natural right of a
person which is his right to life and liberty. These are rights that the great
heroes of this country has fought and died for and it is only just and
reasonable that such rights should be enshrined and guaranteed to any
individuals that set foot in this wonderful nation. The right to life and
liberty should not only be guaranteed under in our so called due process but
should be assured to every person regardless of his status and belief. That the
state under its government would protect and assure its people that it shall legislate
and implement policies and laws that would safe guard their life and liberty
against external forces within and outside of the country, for the state would
not be able to function without its people and in return patriotism and
nationalism would make this nation great again.
The
first section of the Bill Of Rights is the most important part for it represents
and would give totality on what principles it tries to protect. A part of
Section 1 of the Bill Of Rights states that:
“No
Person Shall be Deprive of Life, Liberty and Property without Due Process of
Law”
Life,
Liberty and Property of a person should not only be protected through due
process as established by our laws but is should be guaranteed and assured to anyone
within the territorial limits of this nation. For the right to life, liberty
and property is a natural right that should be assured and protected by the
state regardless of an individual’s status or belief. Given this I am proposing
an amendment to the Constitution under the Section 1 of the Bill Of Rights as
below:
“No
Person shall be Deprive of Life, Liberty and Property without Due Process of Law
or for Reason of his Status or Belief.”
The
change would serve as a safeguard of a person’s right to life, liberty and
property against oppressing forces that are social, commercial and political in
nature, the concept is basic but is essential and inherent to each and every
one. As one wise professor mine said before that “The best solution is the
simplest solution”. Sometimes we try to look for answers on problems in our
society, policy and government making use of technicalities and complexities
thinking that this would give us the resolution or would make us at par with
the international community but in return it would just create additional
issues or problems. Maybe it’s time for us to go back to the basics and try to
rebuild this nation from simplest and most common principles that we should be assured
and provided, and that would be the right to a person’s life, liberty and
property regardless of any circumstance or situation.
For
people are the most essential component that builds up a nation, as one honest
president once said that he wanted to build a government “of the people, by the
people, for the people, shall not perish from the earth”. If we are to create a
government and nation for the people then it would be fitting and just that they
should be protected, and the right to life is one of the most essential right a
person should posses. It shall not be deprive of him for reason of his
financial capacity, social standing, political or religious belief. These are
inherent rights of a person but if we are to enshrine it in our constitution we
are establishing it as a major priority that our government and other entity
and people should respect and follow. How many scenarios, stories and Filipino
movies have you seen and heard wherein someone was not given proper medical
attention due to his financial incapacity and personal ignorance resulting to
deprivation of his health and worse his life. These kinds of stories are not really new but
what is conveyed through them is that in our present situation that people live
longer if they have the financial means. Would we just wait and have
commercialism devour this nation? Or should the government act and make use all
of the inherent power vested unto it by the constitution to give the proper
attention and facilities to make sure that his people are well taken care of.
To establish policies and procedures that commercialism shall not out weight
the ultimate right of the person which is his life.
Liberty
is the greatest gift that the courageous heroes of this country has given us,
Some great and some not so great men has fought, injured, killed and have been
killed in order for this generation to have it fully realized and experienced.
But sadly to say are we really free? A wise man once said that “When the
government fears the people, there is liberty. When the people fear the
government, there is tyranny”. Is there
currently tyranny? How may news have you heard People in authority abusing
their vested power, way worse is when agents of those people in authority tries
to portray that they are above everyone else. You may not notice it but the
actions of such individuals limit your right of liberty for they are tyrants
who see themselves as privilege and could transgress norm. Public office is for
public service the government as an essential component of the state should
serve the people and not inflict fear and oppression especially to those who
are considered to be unprivileged. Including such amendment on the Bill Of
Rights would serve as a reminder to our government that the Liberty is a right
bestowed upon and individual by the constitution that it should be preserved
and respected by everyone especially by the government.
As
specified under the State Policy of the Constitution that the “State shall
promote social justice in all phases of national development”. The proposed
amendment on the bill of rights would not only promote social justice but
realize it for it is favorable to people who are less in life for the state
through its government shall provide them with such privilege and protection
that their essential and basic rights shall be respected and secured. The
amendment would also adhere to most of the section of the Bill of Rights for it
tries to preserve and protect the most important right an individual could
posses.
In
a country with great history of violence, corruption and violation of human
rights, incorporation of such rights in the Bill of Rights would not only serve
as a legal basis to counter oppressive forces in the society and government but
it would greatly help to bring back trust and confidence to our government and
would instill patriotism to the people of this nation for they know that the
state would look after their well being.
Let's Discuss
-G-
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