Petition for Unconstitutionality of the Language Provisions of the Administrative Code of 1987

Republic of the Philippines Supreme Court  MANILA 

  Petition For Unconstitutionality of Section 17, Chapter 4, and Section 25, Chapter 6 Book I of Executive Order No. 292, series of 1987

COMES NOW</B> the undersigned petitioner, by himself, and before the Honorable Supreme Court, most respectfully state:</P>

The Parties Edit
Petitioner is <B>Ferdinand A. Oreas</B>, is of legal age, single, Filipino citizen and with residence and postal address at 16-E Zamboanga Alley, Intan Street, Bago’ng Barrio, 1400 Caloocan City, Metro Manila, Philippines;</P>

Respondent is the constituted <B>Government of the Republic of the Philippines</B> represented by its Solicitor General, the Hon. Jose Callangan Calida, of the Office of the Solicitor General, No. 134 Amorsolo St., Legaspi Village, 1229 Makati City, Metro Manila, Philippines.</P>

Nature of the Petition
This is a Petition for the Decree of Unconstitutionality of Section 17, Chapter 4, and Section 25, Chapter 6, Book I, of Executive Order No. 292 series of 1987 “Instituting the Administrative Code of 1987” which provides as follows: </P>

Section 17. Official Languages. – Until otherwise provided by law, Pilipino and English shall be the official languages.<BR><BR><B>Section 25.</B> <I>Editing and Publication. –</I> The Official Gazette shall be edited in the Office of the President and published weekly in Pilipino or in the English language. Xxx.

[Emphasis supplied.] </P>

Contrary to Section 7, Article XIV, of the 1987 Philippine Constitution, Filipino and English are the official languages of the Republic and not otherwise Pilipino and English as provided in the aforequoted provision of the Administrative Code of 1987.</P>

Issue
 Whether or not Section 17, Chapter 4, and Section 25, Chapter 6, Book I, of Executive Order No. 292 series of 1987 Instituting the Administrative Code of 1987 Constitutional?</P>

Discourse and Argumentation
This Petition rests on the fundamental fact that languages Filipino and Pilipino are two (2) different languages distinct from each other. The Filipino alphabet we now know as the Bago’ng Alphabeto created under Department Order No. 81 series of 1987 issued 12 October 1987 superseded the ABaKaDa of the Pilipino language. Too, publication of the UP Diksiyonaryong Filipino in 2001 officially institutionalized a system of vocabulary that is exclusively Filipino hence defining a lexicon entirely distinct and different from the Talasalitaa’ng Pilipino.</P>

When the 1987 Philippine Constitution mandated Filipino as the national languages (as well as official language of communication and instruction other than English), it has – in effect – rendered the Pilipino the status of joining the ranks of such languages as Latin, Hebrew, or the Celtic languages that Pilipino has since technically been qualified a “dead language.”</P>

Thus, more than the question of constitutionality, the undersigned petitioner underscores the fact that the language provisions of the Administrative Code of 1987 palpably mandated a “dead language” – the Pilipino – as the official language of communication and instruction other than English.</P>

That being the matter, the undersigned on 18 May 2020 and by way of a written correspondence, formally requested His Excellency, The President, through the Office of the Executive Secretary, to issue an Executive Order that would amend the aforecited provisions of the Administrative Code of 1987.</P>

For not answering said communications, the undersigned wrote a follow-up letter 24 July 2020 which, like the first one, received no reply from said Office whatsoever. Through the 8888 Presidential hotline which again endorsed the concern to the said Office on 05 October 2020, the undersigned petitioner finally received a reply from Mr. Ryan Alvin R. Acosta, Deputy Executive Secretary for Legal Affairs on 04 November 2020.</P>

Copies of the pertained communications are herewith attached and marked Annexes “A” (Letter Request), “B” (Follow-up Letter), and “C” (Letter-Reply).</P>

The aforecited Letter-Reply provides, among others the following:</P>

<I>“We acknowledge and thank you for being an observant and a zealous Filipino citizen. Please note that EO 292 was issued by then President Corazon C. Aquino on 25 July 1987 acting within the ambit of her legislative powers under Proclamation No. 3 s. 1986, granting her sole legislative authority, and which power shall continue until a legislature is elected and convened under the new Constitution. The new Congress under the 1987 convened on 27 July 1987, two days after EO 292 was enacted.”<BR><BR>

“It is our position that EO 292 partakes of the nature of a legislative act. Hence, any amendment thereto must be done by an act of Congress. Nevertheless, in recognition of your concern, we are furnishing herewith the Komisyon sa Wikang Filipino for its information and guidance to take initiatory representation with the Congress.”</P></I>

Affording the good Offices of the Deputy Executive Secretary for Legal Affairs and the Kumisyon sa Wikang Filipino the legal principle of presumption of regularity as well as with basic trust and confidence that I anticipated further affirmative action from said Offices for the purpose that the undersigned petitioner wrote a personal correspondence on 07 December 2020 addressed to the Hon. Arthur Casanova, Chairman of the Kumisyon sa Wikang Filipino which copy attached and marked as Annex “D” which states among others, the following:</P>

Towards such aim (to take initiatory representation with Congress for the purpose of amending the subject provisions of the Administrative Code of 1987), I am respectfully requesting the good Commission to courteously inform and furnish me with pertinent records relative any action for the purpose as I shall ardenty await in anticipation any progress in achievement the focal goal. </P>

<P style="text-indent: 0.66in;">Unfortunately to date, no response whatsoever has been afforded the undersigned by the concerned office. This matter-of-fact only undescores that the undersigned petitioner has so far exhausted all possible means to achieve the purpose of amending the questioned provisions of the Administrative Code of 1987 but to no avail. Hence, the foregoing petition. </P>

Prayer
<P style="margin-top: 0.18in; text-indent: 0.66in;"><B>NOW THEREFORE,</B> premises considered that the undersigned petitioner hereby respectfully pray for the Honorable Supreme Court to:</P>

<P style="margin: 0.09in 0.66in;">1. Issue a Decree declaring the unconstitutionality of the Section 17, Chapter 4, and Section 25, Chapter 6, Book I, of Executive Order No. 292 s. 1987 Instituting the Administrative Code of the Philippines; and,<BR><BR>

2. Order the Executive to amend the aforecited provisions changing the language thereto pertained from Pilipino to Filipino.</P>

<P style="text-indent: 0.66in;">Other relief just and equitable are also prayed for.</P>

<P style="text-indent: 0.66in;"><B>RESPECTFULLY SUBMITTED</B> 28 January 2020, Caloocan City for the City of Manila, Philippines.</P><BR><BR><BR>

<P style="text-align: center; line-height: 123%;> _____________________________ <B>FERDINAND A. OREAS<BR> <I>Petitioner</I><BR></B> 16-E Zamboanga Alley, Intan Street,<BR> Bago’ng Barrio, 1400 Caloocan City<BR> Metro Manila, Philippines</P><BR><BR><BR>

<P>Copy Furnished:</P> <B>Hon. Jose Callangan Calida<BR> <I>Solicitor General</I></B><BR> No. 134 Amorsolo St., Legaspi Village<BR> 1229 Makati City, Metro Manila<BR> Philippines</P> <BR><BR>Ferdinand Oreas y Ador (talk) 04:29, 13 January 2021 (UTC)