04/02/2020
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DEAN AGABIN: Well, if you mean by looking beyond the horizon, it would
mean a violation of the provisions of the Constitution, then it should not
be, Your Honor.
ASSOCIATE JUSTICE QUISUMBING: In some part, we have gone to
Malaysia. We have gone to the OIC, and we have even gone to Libya.
DEAN AGABIN: Yes, Your Honor. But in all these, we have always insisted
on preserving the territorial integrity of the country.
ASSOCIATE JUSTICE QUISUMBING: And this dicta or [dogma] is
unassailable forever. There cannot be an exception.
DEAN AGABIN: It is unassailable under the present Constitution, Your
Honor.
ASSOCIATE JUSTICE QUISUMBING: But, at least, you can also agree that
the Constitution ought to be changed in order for a country to fulfill its
internal obligation as a matter of necessity.
DEAN AGABIN: Yes, if the people so will it, your Honor.
ASSOCIATE JUSTICE QUISUMBING: You remember how the emperor of
Japan lost his divinity? They just changed their Constitution, isn't it?
DEAN AGABIN: Yes, it was enforced upon him by Mr. McArthur, and they
have no choice.
ASSOCIATE JUSTICE QUISUMBING: Isn't that a very good
example of thinking outside the box? That one day even those
who are underground may have to think. But frankly now Dean,
before I end, may I ask, is it possible to meld or modify our
Constitutional Order in order to have some room for the newly
developing international notions on Associative Governance
Regulation Movement and Human Rights?
DEAN AGABIN: Yes. It is possible, Your Honor, with the consent of
the people.
ASSOCIATE JUSTICE QUISUMBING: And, therefore, we vote it to a
referendum or any consultation beforehand?
DEAN AGABIN: If there is such a proposal for or amendment or revision
of the Constitution, yes, Your Honor.
ASSOCIATE JUSTICE QUISUMBING: So, either initiative or CHA-CHA or
CON-AS?
DEAN AGABIN: Yes, Your Honor.[9]
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