Friday, 7 March 2014

Which One Of The 22 Sections Of The Bill Of Rights Will You Change And Why?



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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