Bayanikasan Constitution of Dr. Salvador Araneta

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Article 36. In cases of political and economic emergencies, an Act of Parliament may delegate to the Troika legislative and economic powers to be able to meet the emergency in an effective and expeditious manner, subject to a limited period, and such other limitation that it may wish to impose.

EXPLANATORY NOTES

This Article is patterned after Section 15 of Article VIII of the 1973 draft of the Constitution.

Article 37. No franchise, certificate of authority for the operation of a public utility, and the exploration and utilization of natural resources shall be granted except to citizens of the Philippines or to corporations or other entities organized under the laws of the Federal Government or of a State, 70 percent of the capital of which is owned by citizens of the Republic.

No franchise or business right shall be subject to amendments or repeal by an Act of Parliament or of the State Assembly which granted the right, when the public interest so requires.

EXPLANATORY NOTES

The Filipinization measure contained in this Article applies only to the operation of the public utilities and the exploitation and utilization of natural resources.

Former constitutions preserved for Filipino citizens in this area an equity of 60 percent. This article has increased the Filipinization equity to 70 percent. The article also provides that the vested right granted to any person or entity shall be subject to amendments or repeal by an act of the Legislative power when the public interest so requires.

Article 38. Considering that presently our nationals have emigrated to many countries throughout the world and have found greener pastures in foreign lands, have acquired citizenship in the country they have emigrated to, to which they owe their first allegiance, Parliament is empowered to allow them to maintain their Philippine citizenship. An Act of Parliament may allow dual citizenship to nationals of countries which would allow our citizens to acquire citizenship in their country without losing their own.

EXPLANATORY NOTES

This Article is on the subject of dual citizenship. It will allow our nationals to maintain Philippine citizenship even if they have acquired citizenship in a foreign land. This does not require the renunciation of their original citizenship. It also authorizes our Parliament to allow dual citizenship to nationals of countries, which in the future would allow our citizens to acquire citizenship in their country without the loss of their own.

The rationale behind this is the fact that Filipinos are now finding greener pastures in foreign lands, and it is not to our interest to have them give their full loyalty to the country of their choice when they could have two loyalties: one to the country of their choice, and secondly, to that of their birth.

If the concept of dual citizenship is generalized, and in time it develops into the concept of multi-citizenship, gradually we would end with the concept of the citizenship of the world, which was envisioned by our national hero, Jose Rizal, when speaking through one of his characters in his El Filibusterismo, he stated the following:

“Science is more eternal, it is more human, more universal! Within a few centuries, when humanity has become enlightened and redeemed, when there are neither tyrants nor slaves, colonies, nor colonizing countries, when justice reigns and man is a citizen of the world, only the cult of science shall remain, the word patriotism will have the sound of fanaticism and he who prides himself on patriotic virtues will no doubt be isolated as one dangerously sick, a menace to social Harmony…”

Article 39. Members of Parliament and of the State Assemblies are prohibited from recommending any person to any position in the public or private sector or to recommend any contract or benefit of any kind for any private individual or firm.

EXPLANATORY NOTES

Members of Parliament and of State Assemblies cannot continue that practice of being employment agents for relatives, friends, and supporters in their political career. They must give their full time to the affairs of the Government. Looking for employment to and recommending any person to receive any contract from the Government or private sector is not in line with duties of a member of a legislative power.  (To be continued/PN)

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