Saturday, July 11, 2009

MEJOFF VS. DIRECTOR OF PRISONS 90 PHIL 70

Facts : Boris Mejoff, a Russian, was captured as a Japanese spy by the US Army Counter Intelligence Corps on March 18, 1948. He was turned over to the Phil Commonwealth Government for appropriate disposition. His case was decided on by the Board of Commissioners of Immigration who declared him as an illegal alien. The Board ordered his immediate deportation. In the meantime, we was placed in prison awaiting the ship that will take him back home to Russia. Two Russian boats have been requested to bring him back to Russia but the masters refused as they had no authority to do so. Two years passed and Mejoff is still under detention awaiting the ship that will take him home.
This case is a petition for habeas corpus. However, the respondent held that the Mejoff should stay in temporary detention as it is a necessary step in the process of exclusion or expulsion of undesirable aliens. It further states that is has the right to do so for a reasonable length of time.

Issue : Whether or not Mejoff should be released from prison awaiting his deportation.

Ruling: The Supreme Court decided that Mejoff be released from custody but be placed under reasonable surveillance of the immigration authorities to insure that he keep peace and be available when the Government is ready to deport him. In the doctrine of incorporation, the Philippines in its constitution adops the generally accepted principles of international law as part of the law of Nations. Also, the Philippines has joined the United Nations in its Resolution entitled “Universal Declaration of Human Rights” in proclaiming that life and liberty and all other fundamental rights shall be applied to all human beings. The contention that he remains a threat of to the security of the country is unfounded as Japan and the US or the Phils are no longer at war.

Kuroda vs. Jalandoni

Facts: Petitioner, formerly a Lieutenant-General of the Japanese Army and Commanding General of the Japanese Imperial Forces, was charged before a military commission set by Executive Order No. 68 of the President of the Philippines. Said executive order also established a National War Crimes Office and prescribed rules and regulations governing the trial of accused war criminals. Petitioner contended that E.O. No. 68 was illegal and unconstitutional because he cannot be tried fro violation of international conventions, like the Geneva and Hague Conventions. Furthermore, he alleged that the participation of two American lawyers in the prosecution was violative of our national sovereignty.

Issue: Whether the Philippine Government has the jurisdiction to try and convict Kuroda for violating prohibited acts of the war.

Held: Executive Order No. 68 is legal and constitutional because Article II, Section 3 of the 1935 Constitution explicitly provides that “the Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of nation.”
In promulgation and enforcement of E.O. No. 68, the President of the Philippine exercised his power as commander-in-chief of all armed forces. Moreover, it was in adherence with the generally accepted principles and policies of international law which form part of our Constitution.
With regards to the contention about the participation of two American lawyers, the Philippines was under the sovereignty of the United States and thus, we were equally bound together with the US and Japan, to the rights and obligations contained in the treaties. These rights and obligations were not erased by our assumption of full sovereignty.

Secretary of Justice vs Judge Lantion GR 139465 Jan 18 2000

Facts: On June 18, 1999, the Department of Justice received from the Department of Foreign Affairs of the United States requesting for the extradition of Mark Jimenez for various crimes in violation of US laws. In compliance with the related municipal law, specifically Presidential Decree No. 1069 “Prescribing the Procedure for Extradition of Persons Who Have committed Crimes in a Foreign Country” and the established “Extradition Treaty Between the Government of the Philippines and the Government of the United States of America”, the department proceeded with proceeded with the designation of a panel of attorneys to conduct a technical evaluation and assessment as provided for in the presidential decree and the treaty. The respondent requested for a copy of the official extradition request as well as the documents and papers submitted therein. The petitioner denied the request as it alleges that such information is confidential in nature and that it is premature to provide such document as the process is not a preliminary investigation but a mere evaluation. Therefore, the constitutional rights of the accused are not yet available.

Issue: 1.Whether or not private respondent, Mark B. Jimenez, be granted access to the official extradition request and documents with an opportunity to file a comment on or opposition thereto

2.Whether or not private respondent’s entitlement to notice and hearing during the evaluation stage of the proceedings constitute a breach of the legal duties of the Philippine Government under the RP-US Extradition Treaty

Ruling: The Supreme Court ruled that the private respondent be furnished a copy of the extradition request and its supporting papers and to give him a reasonable period of time within which to file his comment with supporting evidence. In this case, there exists a clear conflict between the obligation of the Philippine Government to comply with the provisions of the treaty and its equally significant role of protection of its citizens of its right of due process. The processes outlined in the treaty and in the presidential decree already pose an impending threat to a prospective extraditee’s liberty as early as the evaluation stage. It is not an imagined threat to his liberty, but a very imminent one. On the other hand, granting due process to the extradition case causes delay in the process.The rule of pacta sunt servanda, one of the oldest and most fundamental maxims of international law, requires the parties to a treaty to keep their agreement therein in good faith. The doctrine of incorporation is applied whenever municipal tribunals are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of a local state. Efforts should be done to harmonize them. In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts. The doctrine of incorporation decrees that rules of international law are given equal standing, but are not superior to, national legislative enactments.In this case, there is no conflict between international law and municipal law. The United States and the Philippines share a mutual concern about the suppression and punishment of crime in their respective jurisdictions. At the same time, both States accord common due process protection to their respective citizens. In fact, neither the Treaty nor the Extradition Law precludes the rights of due process from a prospective extradite.

Tanada vs Angara, 272 SCRA 18, May 2, 1997

Facts : This is a petition seeking to nullify the Philippine ratification of the World Trade Organization (WTO) Agreement. Petitioners question the concurrence of herein respondents acting in their capacities as Senators via signing the said agreement.The WTO opens access to foreign markets, especially its major trading partners, through the reduction of tariffs on its exports, particularly agricultural and industrial products. Thus, provides new opportunities for the service sector cost and uncertainty associated with exporting and more investment in the country. These are the predicted benefits as reflected in the agreement and as viewed by the signatory Senators, a “free market” espoused by WTO.Petitioners on the other hand viewed the WTO agreement as one that limits, restricts and impair Philippine economic sovereignty and legislative power. That the Filipino First policy of the Constitution was taken for granted as it gives foreign trading intervention.

Issue : Whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Senate in giving its concurrence of the said WTO agreement.

Held: In its Declaration of Principles and state policies, the Constitution “adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity , with all nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered automatically part of our own laws. Pacta sunt servanda – international agreements must be performed in good faith. A treaty is not a mere moral obligation but creates a legally binding obligation on the parties.
Through WTO the sovereignty of the state cannot in fact and reality be considered as absolute because it is a regulation of commercial relations among nations. Such as when Philippines joined the United Nations (UN) it consented to restrict its sovereignty right under the “concept of sovereignty as autolimitation.” What Senate did was a valid exercise of authority. As to determine whether such exercise is wise, beneficial or viable is outside the realm of judicial inquiry and review. The act of signing the said agreement is not a legislative restriction as WTO allows withdrawal of membership should this be the political desire of a member. Also, it should not be viewed as a limitation of economic sovereignty. WTO remains as the only viable structure for multilateral trading and the veritable forum for the development of international trade law. Its alternative is isolation, stagnation if not economic self-destruction. Thus, the people be allowed, through their duly elected officers, make their free choice.Petition is DISMISSED for lack of merit.

Agustin vs Edu 88 SCRA 195

Facts: This case is a petition assailing the validity or the constitutionality of a Letter of Instruction No. 229, issued by President Ferdinand E. Marcos, requiring all vehicle owners, users or drivers to procure early warning devices to be installed a distance away from such vehicle when it stalls or is disabled. In compliance with such letter of instruction, the Commissioner of the Land Transportation Office issued Administrative Order No. 1 directing the compliance thereof. This petition alleges that such letter of instruction and subsequent administrative order are unlawful and unconstitutional as it violates the provisions on due process, equal protection of the law and undue delegation of police power.

Issue: Whether or not the Letter of Instruction No. 229 and the subsequent Administrative Order issued is unconstitutional

Ruling: The Supreme Court ruled for the dismissal of the petition. The statutes in question are deemed not unconstitutional. These were definitely in the exercise of police power as such was established to promote public welfare and public safety. In fact, the letter of instruction is based on the constitutional provision of adopting to the generally accepted principles of international law as part of the law of the land. The letter of instruction mentions, as its premise and basis, the resolutions of the 1968 Vienna Convention on Road Signs and Signals and the discussions on traffic safety by the United Nations - that such letter was issued in consideration of a growing number of road accidents due to stalled or parked vehicles on the streets and highways

Monday, February 2, 2009

Common Fallacies

Common Fallacies


Fallacies are kinds of errors in reasoning. They are most common when people get overly emotional about an issue. The thing about fallacies is that in the heat of the moment they can seem persuasive, but they are errors in reasoning and they do not reliably lead to the truth. So you want to be on the lookout for them when considering arguments. Below is a brief list of some of the more common fallacies, along with illustrations of them. It is often helpful to look these over when trying to think about what is wrong with an argument (whether it's your own or someone else's!).

Table of Contents
1. Ad Hominem Fallacy 2. Fallacy of False Cause 3. Straw Man Fallacy 4. Appeal to Ignorance 5. Appeal To Emotion 6. Slippery Slope 7. Fallacy of Equivocation 8. Appeal to Popularity 9. Appeal to Tradition


1. Ad Hominem Fallacy
An ad hominem fallacy is an argument that is directed at the person defending the argument rather than the argument itself, and thus fails to address what is at issue. There are a number of different kinds of ad hominem arguments, but we don't need to distinguish among them here. We can get an idea of how ad hominem fallacies occur with the following examples:
(Example 1) "That's what abortion is - killing innocent humans for money. Abortionists are government licensed hit men." - Charley Reese, The Daily Iberian, Nov. 20, 1998.
In Example 1, Reese resorts to name-calling, rather than seriously addressing the question of whether abortion is morally permitted, when he claims that abortionist's are "government-licensed hit men." Thus, Reese commits an ad hominem fallacy. Example 2 is more subtle:
(Example 2) "University of Virginia professor [Charlotte] Patterson, considered a leading researcher in the field, says she has reviewed 22 studies involving offspring of gays ranging from toddlers to adults. She found none convincing [sic] that the children had suffered or were more than normally inclined to be gay. [...] Conservatives discredit Patterson by pointing out that she is an acknowledged lesbian, with a presumed ideological interest in the subject she studies." - Time, Sept. 20, 1993, p. 71.
Simply because someone is a lesbian does not mean that they will not be objective or professional when reporting the results of studies of homosexuals, any more than someone's being heterosexual means that they will not be objective or professional when reporting the results of studies of heterosexuals. To claim otherwise would be to claim that no one could ever be objective when reporting a study involving sexual orientation. This argument is an ad hominem fallacy because it merely points out that Patterson may have an incentive to incorrectly report the studies she cites - it doesn't raise any issue with regard to whether her results were in fact mistaken. People have incentives to do all sorts of things that they would never actually do. For example, if someone cuts you off in traffic, you may have an incentive to shoot them (the incentive being to discharge your anger), but that doesn't mean you'll actually shoot them. It is very different to claim that someone has a motive to do something. Motives, as defined by Webster's, are something that causes a person to act. So if Patterson had a motive to lie, in Webster's sense of the term, that means she had an incentive to lie that she acted on, and this would discredit her results.
(Example 3) "Who is Sam Brownbeck, and why is he saying all those terrible things about rock lyrics? On Nov. 6, Brownbeck, an ambitious Kansas Republican ... convened a hearing billed as "An Example of Violent Music Lyrics on Youth Behavior and Well Being ..." Brownbeck's subcommittee, which supervises schools and streets in D.C., has much more important work to do, but the senator, who will run again in 1998, is clearly searching for an issue to give him national prominence." - Rolling Stone Magazine
Here, the attack is not directed so much at Brownbeck's personal traits as it is against his plans to run for senator. But again, the fact that Brownbeck is planning a run for senator and might have an incentive to push this issue never touches on the real issue: whether there is a problem with rock lyrics.
(Example 4) Jack: You should stop smoking - it's bad for you. Jill: Look who's talking! You smoke three packs a day!
Jack's reasoning is perfectly good, while Jill commits the fallacy. Jack is being hypocritical, but that does not mean that what he says is false. Pointing out that someone is being hypocritical often seems like a persuasive refutation of what they've said, but regardless of whether Jack is a hypocrite, what he is saying is obviously true.
(Example 5) Representative Gutierrez of Illinois, arguing in Congress on July 11, 1996, replying to Republicans arguing in favor of the "Defense of Marriage Act", a bill stipulating that 'marriage' be defined as being between a man and a woman only, excluding homosexual marriages: "I now realize that my friends on the other side of the aisle aren't the least bit serious when they talk about how important it is for the federal government not to interfere in the lives of our people. I understand that they are just kidding - just teasing us - when they stress the importance of taking power out of Washington and giving it to local officials. And now I know that their biggest joke of all is that old line about family values - all that talk about encouraging people to care about and be committed to each other."
This example is more subtle, but again, what Gutierrez is doing is accusing his opponents of being hypocritical, rather than addressing the issues of hand. Thus, he commits an ad hominem fallacy.
2. Fallacy of False Cause
As with the ad hominem fallacy, there are really several different kinds of false cause fallacy. But we won't catalogue them all here. The basic problem with every false cause fallacy is that it confuses a correlation with a cause. Two events are correlated if whenever one occurs, the other occurs. Two events are causally related if one event's occurring is sufficient to make the other event occur. For instance, there is an increase in the number of brides in June, as well as an increase in the number of flies in June. But it hardly follows that the one is the cause of the other! The two events are correlated, but not causally related.
(Example 1) Utah passed a strict gun-control law, and crime there decreased. Therefore, gun-control laws decrease crime.
This is a false cause fallacy because we don't have enough information to conclude that the gun-control law caused the decrease in crime. Lots of things, including the state of the economy, the nature of the illicit drug trade, the weather (hot weather tends to result in an increase in crimes, and unusually cold weather tends to decrease them), and dozens of other factors influence the rate of crime. Until all of these factors are taken into account, we can't be sure whether the gun-control law caused the decrease in crime. Similar sorts of arguments are made for and against the death penalty, and they involve the same fallacy.
(Example 2) "An FBI study of thirty-five serial killers revealed that twenty-nine were attracted to pornography and incorporated it into their sexual activity, which included rape and serial murder." - from an anti-pornography ad
The suggestion is that pornography causes serial killers to rape and kill. But the argument is not sufficient to establish that pornography causes rape or murder. It's likely that serial rapist/murderers are obsessed with sexual acts to begin with, and it is their obsession that leads to both use of pornography and killing.
(Example 3) "In its origins [AIDS] was entirely a disease of sodomites... That the first case was diagnosed a little over a decade after the so-called "Gay Rights" and "Gay Pride" movement gained momentum and force can hardly be coincidental." - Harry Jaffa, Professor Emeritus of Political Philosophy at Claremont McKenna College
The suggestion is that since AIDS appeared in the U.S. after the Gay Pride movement, the Gay Pride movement caused AIDS. However, we know that AIDS is not caused by political demonstrations but by the HIV virus. Moreover, we know that AIDS first became an epidemic in Africa where it infected primarily heterosexuals, not homosexuals.
3. Straw Man Fallacy
A straw man fallacy occurs when (1) the arguer misrepresents their opponents view, (2) shows that the misrepresentation is mistaken, and then (3) concludes that their opponents view is mistaken. Here are some examples:
(Example 1) What I object to most about those people who oppose capital punishment is that they believe that the lives of convicted murderers are more important than the lives of the police and prison guards who protect us. But, obviously, since the lives of those who protect us are of the greatest value, no one should oppose capital punishment.
In Example 1 the opponent's view is that capital punishment is wrong. This view is then misrepresented as being the view that the lives of convicted murderers are more important than the lives of the police and prison guards. The remaining two elements of the fallacy are explicitly stated in the example. Sometimes, however, some of the elements of the straw man are implicit, as in Example 2:
(Example 2) Consider the following claim by Rush Limbaugh: "I'm a very controversial figure to the animal rights movement. They no doubt view me with some measure of hostility because I am constantly challenging their fundamental premise that animals are superior to human beings."
If this is followed with the argument that animals are not superior to human beings, and thus the animal rights movement is misguided, then we have an example of a straw man fallacy. The straw man is the misrepresentation of animal rights activists as holding the view that animals are superior to human beings: virtually no animal rights activists hold this view.
(Example 3) "Advocates of legalized abortion predicted it would solve our social problems. Instead, this destruction of one-fourth of a generation has left a more violent society in its wake: Child abuse has exploded, from 167,000 estimated cases in 1973 to 2.4 million in 1989, according to the National Center of Child Abuse and Neglect - a 1,400% increase. Teen suicide, among non-aborted and thus presumably "wanted" children, has doubled. Violent crime has more than doubled." - "The Post Abortion Report", published by Fresno/Madera Right to Life
The first sentence is a straw man. Did advocates of legalized abortion ever claim it would solve problems of violent crime, etc.? Insofar as the passage suggests that abortion is the cause of these various social problems, we have a false cause fallacy.
4. Appeal to Ignorance
The fallacy of appeal to ignorance occurs when someone uses an opponent's inability to disprove a claim as evidence of that claim's being true or false (or, acceptable or unacceptable). For instance, consider the following:
(Example 1) You haven't been able to prove beyond any reasonable doubt that there is no God. Therefore, it is still reasonable for me to believe in God.
However, whether it's reasonable to believe something depends on the reasons one has in its favor, not whether others have reasons against it.
5. Appeal To Emotion
Appeals to emotion occur when someone tries to manipulate another person's emotions (e.g., sympathy, pity, anger, fear, etc.) in order to get them to accept or reject an argument or view. Here are some examples:
(Example 1) Statement made by Carol Everett, a former abortion provider and now an opponent of abortion, explaining why she now opposes abortion: "Then we had a death. A 32-year-old woman hemorrhaged to death as a result of a cervical laceration. I finally realized, we weren't helping women - we were destroying them." - from an ad published by the National Right to Life
Here, Everett appeals to the reader's sympathy rather than to their reason.
(Example 2) "If you have never been born again, eternal separation from God in the Lake of Fire awaits you. If you are born again, then being with the Lord in heaven forever is your destiny. Which do you choose?" - from "Have You Been Born Again", a pamphlet handed out on the Fresno State University campus, Fall 1997
In Example 2, the authors appeal to your fear of the Lake of Fire to get you to accept their religious beliefs.
6. Slippery Slope
The slippery slope fallacy occurs when someone claims that an apparently harmless action is likely to result in a chain reaction of events (the "slippery slope") leading up to a harmful consequence, when, in fact, the chain reaction of events is very unlikely to occur.
(Example 1) "A person apparently hopelessly ill may be allowed to take his own life. Then he may be permitted to deputize others to do it for him should he no longer be able to act. The judgment of others then becomes the ruling factor. Already at this point euthanasia is not personal and voluntary, for others are acting on behalf of the patient as they see fit. This may well incline them to act on behalf of other patients who have not authorized them to exercise their judgment. It is only a short step, then, from voluntary euthanasia (self-inflicted or authorized), to directed euthanasia administered to a patient who has given no authorization, to involuntary euthanasia conducted as a part of a social policy." - J. Gay Williams, "The Wrongfulness of Euthanasia"
But it's unlikely that permitting euthanasia in a restricted set of cases is likely to result in mass unjust killings, especially in contemporary American society.
(Example 2) "I think that the use of marijuana as a medical treatment shouldn't even be considered. If we make drugs legal in a few cases, then we might eventually have to completely legalize them - which is even crazier than Proposition 215. If we want to help people out by letting them do illegal things, then let's just get rid of all our laws." - letter to editor of Newsweek, November 11, 1996.
Again, it's unlikely that drugs will be completely legalized, or that we'll get rid of all our laws, as a result of allowing marijuana to be prescribed in a limited range of cases.
(Example 3) Representative Largent of Oklahoma, arguing in Congress on July 11, 1996 in favor of the "Defense of Marriage Act", a bill stipulating that 'marriage' be defined as being between a man and a woman only, excluding homosexual marriages: "There is ... a radical element, a homosexual agenda that wants to redefine what marriage is. They want to say that a marriage not only is one man and one woman but it is two men or it is two women. What logical reason is there to keep us from stopping expansion of that definition to include three people or an adult and a child, or any other odd combination that we want to have? ... and it does not even have to be limited to human beings by the way. I mean it could be anything. ... There is no reason why we cannot just completely erase whatever boundaries that currently exist on the definition of marriage and say it is a free-for-all, anything goes."
Another slippery slope. Permitting homosexuals to legally marry is unlikely to result in, e.g., laws permitting an adult to marry a sheep, etc.
7. Fallacy of Equivocation
An ambiguous expression is a word or phrase that has more than one distinct meaning in the context in which it is used. For instance, if I say "I went to the bank", given the context, it may be unclear whether I went to First National or the shore of the Mississippi. A fallacy of equivocation occurs when the persuasive force of an argument depends on the shifting meaning of an ambiguous expression. Here are some examples:
(Example 1) P1 There are laws of nature. P2 Laws must be made by a lawgiver. C Therefore, a cosmic lawgiver (God) exists.
Here, the ambiguous expression is 'laws'. On the one hand, there are laws which form part of a legal system, and these laws require a lawgiver (a person or group of persons with the authority to create and establish government laws). On the other hand, we have what we call laws of nature, which are simply observed regularities in the way the universe operates. The latter, however, obviously need not be the results of a legislative body. Other examples of the fallacy, however, are more subtle:
(Example 2) Representative Largent of Oklahoma, arguing in Congress on July 11, 1996 in favor of the "Defense of Marriage Act", a bill stipulating that 'marriage' be between a man and a woman only, excluding homosexual marriages: "Let me just say first of all that this is not about equal rights. We have equal rights. Homosexuals have the same rights as I do. They have the ability to marry right now, today. However, when they get married, they must marry a person of the opposite sex, the same as me."
Here, the ambiguity occurs in the phrase 'equal rights'. The equal rights those who advocate homosexual marriages have in mind is the right to legally marry someone to whom you wish to make a public and life-long commitment. The "equal rights" Largent speaks of is the right to legally marry someone of the opposite gender. But guaranteeing the latter right is obviously not the same thing as guaranteeing the former right.
(Example 3) "The pro-abortion-rights people, of course, say a baby is not a human until it is born. What do they think it is? A vegetable or a fruit? It just shows where our society is headed when we no longer have value for human life." - letter to the editor, Columbus Dispatch, March 10, 1996.
The ambiguous word here is 'human'. The pro-abortion-rights people say that a baby is not human in the sense that it lacks a right to life, i.e., they define the word 'human' in this context as meaning "having a right to life". The author of the passage then switches from that definition of 'human' to the definition of 'human' in the sense of having a human genetic code. It's in this sense that it is obvious that a human baby is not a vegetable or a fruit. But having a human genetic code is not the same thing as having a right to life. Corpses, for instance, have a human genetic code, but they hardly have a right to life!
8. Appeal to Popularity
The appeal to popularity occurs when people infer that something is good or true because it is popular.
(Example 1) It's OK to cheat if everybody else does.
But merely because something is popular doesn't make it right or correct. At one time, the belief that the earth is flat was popular, but it was certainly never correct! And killing Jews may have been popular among the Nazis, but that won't make it right!
9. Appeal to Tradition
In appeals to tradition someone argues that something is good or correct because it is traditional. The problem is that merely because something is traditional is no reason to believe that it is good or right. For instance, slavery was at one time traditional in many cultures, but that's obviously not sufficient to make it right.
(Example 1) "I believe that same-sex couples should be entitled to the legal rights that married couples enjoy.... But, my friend, that is as far as I want to go. I define marriage as a union between a man and a woman. Before you gay-rights folks land on me with both feet, I would like to remind you that I have been supportive of your movement for many years, have withstood a great deal of criticism in the process and have risked the wrath of some editors and publishers. I cannot support same-sex marriage, however, because it flies in the face of cultural and traditional family life as we have known it for centuries. And that's where I must draw the line. Sorry." - Ann Landers, The Columbus Dispatch, July 21, 1996.
Here, Ann Landers makes an explicit appeal to tradition to support her view that same-sex marriages should not be permitted. She also commits the fallacy of appeal to emotion by trying to garner sympathy for herself and the risks she has taken supporting homosexual causes in the past in order to deflect criticism of her view that same-sex marriages should not be permitted.
There are many different kinds of fallacies that people make, but the above nine types of fallacy seem to be the most common ones we make when discussing controversial issues. It's helpful to review a list of fallacies like this on a regular basis, because we all, at one time or another, tend to invoke or fall for these fallacies. But it's important to keep in mind that, as fallacies these arguments are hopelessly flawed and prove nothing about the issues which they purport to address.

Thursday, January 8, 2009

Whether the Philippines need to Change its Constitution?

Whether the Philippines need to Change its Constitution?

Yes, the Philippines need to change its Constitution. Change is inevitable and circumstances vary, that is why our present Constitution is a continuing evolution in its pursuit to have an almost perfect one suitable for the needs and best for and by the people erecting it. A lot of the present Constitution provisions need to be revised; from the form of government and its policies, Bill of Rights and Economic policies.

As a citizen of this country, allow me to stress out my humble observations and changes to be implemented in our Constitution.

We have been through a lot of revolutions, and in fact, the Philippines have made a history of a bloodless and peaceful one. And both of us know that such revolution was a result of peoples cry for change, change of leadership in our country. So, how would we addressed such premise that every time people wants change of leadership arising controversies, propaganda, ‘’graft and corruption” and etc.? Every time we have such revolution, our economic, tourism sector and etc are affected because of these countless clamor for change, and in fact maybe the international community may have lost their confidence in our government because of these.

Why don’t we have a kind of government that suitable to the minds and wants of our people, a more pragmatic one! That every time the people lost confidence in our President, the Congress will decide to ask for his resignation and let somebody from the Congress take his position.
I must say, the reason of these countless propaganda against the incumbent government and why our nation is relatively delayed in its progress compared to its neighboring countries because we our governed mostly of selfish brat officials, holding office for their own protection, for their own selfish gratification and worst we have officials today who even doesn’t know the purpose of being there. The essence of true public service is nowhere to be found. We need a drastic and extreme move to have strong and well deserving public officials in this country. By changing the Constitution, we can raise the bar as to the qualifications of public officials as to their educational background and have new provisions that will effectively eliminate graft and corruption practices. For me, a mandatory educational requirement is that they should have finished at least a master’s degree, doctorate or law perhaps. Even the qualification of voters must be amended; at least they should have finished a college degree. I strongly believe raising the bar of qualifications will give us a strong, stable government.

Another point of view, equality between the Church and the State; I say, the State should be more powerful than the church. The State may imposed laws even it is immoral to the teachings of the Church and the Church should be barred in interfering the States activities, provided that such law will do practically good to the majority and help stabilize the government.

Economic Policies, presently millions of Filipino people don’t have work and trillions are working outside the country because of higher wages. Presently, our country cannot provide jobs locally to everyone to our people and admittedly other countries provide higher wages. How can we address these concerns? Let our economist do the computation, let as amend the economic policies of our Constitution that hopefully will help our country be more productive in helping the people and same way the people helping the government through paying taxes.

I am not a political scientist nor an economist, but I believe that with the observations and proposals made, I strongly believe the our great nation will rise again and regain its name in the international community as a strong developing country with a well stabilized government.