The 1987 Constitution and Why We Should Maintain It

a. Introduction

The Philippines current constitution was made by its makers to be a

constitution of the Filipino, by the Filipino and for the Filipino. After the martial
law, people were traumatized with the amount of power the government can
have and there they also found out how important people power is, thus in the
1987 constitution, people power was institutionalized which could be used when
the legislation would show indifference to the needs of the people.

Having a unitary form of government helps in monitoring the progress of a

state in its entirety with the central government having the power to intervene
should the need arise. As there are many regions in the Philippines that re yet to
develop, unity I really the key to alleviate the current states of these regions.
The central government can focus more on these regions and can ask for the
assistance of those developed region to achieve equal development among
regions and as a whole country.

b. Issues in the current constitution and its solutions.

1. Local Government Autonomy

While it is true that in our current form of Government, the
central government can intervene in the business of the Local
Government Units (LGUs), it is not true that they have a say to
everything the local government does. According to the Constitution
LGUs shall enjoy local autonomy, and in which the president
exercises general supervision. Different regions have different issues,
strengths, weaknesses and specialties thats why the Local
Government Code of the Philippine was enacted in 2001 which
shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and
resources, and provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and
operation of local units. The job of the central government is to make
sure that the LGUs are doing their job in providing what is due for its
people. The intervention is much more for disciplinary actions and
quality control.

2. Funds and Resources

One of the biggest issue in our current form of government is
that the funds for the LGUs takes very long to arrive at the designated
region from the central government. Having to remit the taxes (except
real estate taxes and business permit fees) they collect from their
region to the central government, this means that the LGUs will now
have less budget to work on for their progress and will have to wait for
the central government to disburse their budget. This issue is very
 crucial since one of the greatest factor for a regions development is
the amount of available funds ready to be used. This issue can be
solved by amending Book II Title I of the Local Government Code
(R.A. 7160) which pertains to the Local Government Taxation to
give LGUs more autonomy in levying taxes as a form of generating
revenue and to increase and speed the access of the LGUs to taxes
collected within their borders. The Constitution mandates the
immediate release to the LGUs of their shares of tax collections and
the Department of Budget and Management has been violating this
Constitutional mandate. Also to change the BUDGET DISTRIBUTION
METHOD that instead of giving everything to the central government
only to be redistributed again to the LGUs which would incur additional
expenses, the LGUs will just remit the portion allotted for the central
government of the revenues it collected from its region so that the
money wont have to go around provided that the LGUs give a credible
report of every transaction made

3. Mindanao Conflict
Since time immemorial, the Moros in Mindanao especially those
who are in the ARMM have always strived to be a separate state thus
creating the Autonomous Region for Muslim Mindanao. But the
separatist in Mindanao calls for their own country and not for
their own state. No matter what kind of Government the Philippines
will have, it cannot satisfy the separatists woes for a new country.
Peace talks and negotiation would still be one of the best alternative
the government can implore just like the Basic Bangsamoro Basic Law
which was sadly not pushed through or if not, to give in to the woes of
a new country.

4. Corrupt Politicians
Having corrupt politicians isnt exactly based on what form of
government a state has. It is solely based on who the people vote for.
No matter what kind of government a state has, if its
politicians are corrupt, progress and development would really
be hard to achieve. In the unitary form of government, the central
government can intervene provided that the main people running it
isnt also corrupt. Political dynasty is also one problem that the
government really needs to address. The 1987 Constitution of the
Philippines states in Article II Section 26, "The State shall guarantee
equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law." But there is yet to be a law
stating the specifics to enact this constitutional mandate.

c. Conclusion
 In sum, our constitution has given the Filipino people a vast range of
freedom for it to continue to be better and have proven to be people centred as
can be illustrated in the past People Power Revolution. Our constitution is
strong but is not perfect and it continues to need amendments in order to keep
up with the demands and needs of the people of the state. The law is a living
entity as it continues to evolve and change and in order for us to cope with the
developments, we should also go with a change. Not a radical one, but a
consistent and steady one for us to be able to catch up. In the future, we may
need a total change of government but now is not the time, the Philippines is not
yet ready both financially and Political maturity.

Sources:
http://www.rappler.com/nation/politics/elections/2016/120166-
federalism-pros-cons-explainer
http://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
http://www.gov.ph/constitutions/1987-constitution/#article-ii
http://manilastandardtoday.com/opinion/columns/business-class-by-
rudy-romero/207129/federalism-and-dynasties-go-together.html
http://president.gov.ph/special/give-peace-in-mindanao-a-chance/