Alternate History of Southeast Asia (1960)

An imaginary alternate history visualized and narrated by Anonymous Kabataan

We are in the year 1960 and Southeast Asia is slowly recovering from the ashes of the Second World War. As you see on the map, the Philippines successfully acquired Sabah due to the political pressure of the United States on Britain. As a result of that, the 1952 Treaty of Paris was signed between the representatives of the Philippines and Britain to get Sabah for the Filipinos in exchange for $ 20 Million.

With the successful acquisition of Sabah, the Philippine Executive Government together with the Legislative and Judiciary agreed to conduct charter change where the 1934 Philippine Constitution created in the era of the Philippine Commonwealth will be replaced with the 1953 Philippine Constitution where the form of government would change from a unitary presidential constitutional republic into a federal parliamentary republic in a form of the Fourth Philippine Republic where the ethnolinguistic groups have their own parliaments so they can create laws in accordance to their cultural beliefs and then they will send their representatives in the Parliament of the Federal Republic of the Philippines. Aside from that, the 1953 Philippine Constitution would be patterned after the Constitution of the United States and the Constitution of India.

The 1953 Philippine Constitution

The preamble of the 1953 Philippine Constitution reads "We the People of the Philippines, in order to form a more perfect Nation, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the Federal Republic of the Philippines.

Article I of the 1953 Philippine Constitution states that Parliament is the legislative branch of the national government. Section 1, reads, "All legislative powers herein granted shall be vested in the Parliament of the Federal Republic of the Philippines, which shall consist of the upper house, the House of Councilors, and lower house, the House of Representatives." The article establishes the manner of election and the qualifications of members of each body. A Representative must be at least 25 years old, be a citizen of the Philippines for seven years, and live in the state they represent. A Councilor must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Each state must have at least 2 legislative representatives in the House of Councilors. Under the state, there were districts, each district must have at least 2 legislative representatives in the House of Representatives. The Prime Minister is the head of the government. The way to become a Member of Parliament regardless of which house you do belong is you stand as a member of a political party or as an independent candidate. Each political party has its own selection procedure.

Article II describes the office, qualifications, and duties of the President of the Philippines and the Vice President. Both the President and the Vice President must be natural-born citizens, at least 35 years of age, and a resident for 14 years to run The President is the head of state. The President is the Supreme Commander of the Armed Forces of the Philippines. The President can declare war or conclude peace, on the advice of the Philippine Parliament If the President died, was impeached, or resigned, the Vice President would succeed. The Prime Minister is the head of the Parliament, thus the head of a government that aids and advises the president in the performance of their constitutional duties. If the Prime Minister died or resigned, the ruling political party should conduct an election on choosing the Prime Minister of the Federal Republic of the Philippines. In order for a presidential or vice-presidential candidate to run for a political position, he or she must belong to a political party or be an independent candidate.

Article III describes the court system (the judicial branch), including the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Parliament can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases and defines the crime of treason.

Article IV outlines the relations among the states and between each state and the federal government. In addition, it provides for such matters as admitting new states and border changes between the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Parliament is permitted to regulate the manner in which proof of such acts may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens. For instance, in criminal sentencing, a state may not increase a penalty on the grounds that the convicted person is a non-resident.

Article V outlines the process for amending the Constitution. Amendment-making power rested with the legislature. There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by (a) Parliament, by a two-thirds majority in both the House of Councilors and House of Representatives, or (b) national convention (which shall take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which require three-fourths of the states' approval: (a) consent of the state legislatures, or (b) consent of state ratifying conventions. The ratification method is chosen by Parliament for each amendment.

Article VI establishes the Constitution, and all national laws and treaties of the Philippines made according to it, to be the supreme law of the land, and that "the judges in every State shall be bound thereby, anything in the laws or constitutions of any state notwithstanding." It validates national debt created under the Articles of Federation and requires that all national and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the national laws and constitution over those of any state. Article Six also states " no religious Test shall ever be required as a Qualification to any Office or public Trust under the Federal Republic of the Philippines."

Article VII describes the process for establishing the proposed new frame of government. Anticipating that the influence of many state politicians would preserve their state rights, delegates to the Manila Convention provided for ratification of the Constitution by popularly elected ratifying conventions in each state. The convention method also made it possible that judges, ministers, and others ineligible to serve in state legislatures, could be elected to a convention.

The signing of the 1953 Philippine Constitution occurred on August 20, 1953, when 30 delegates to the Constitutional Convention endorsed the constitution created during the convention. In addition to signatures, this closing endorsement, the Constitution's eschatocol, included a brief declaration that the delegates' work has been successfully completed and that those whose signatures appear on it subscribe to the final document. Included is a statement pronouncing the document's adoption by the states present, a formulaic dating of its adoption, and the signatures of those endorsing it.

Amendments of the 1953 Philippine Constitution

Safeguards of liberty (Amendments 1, 2, and 3)

The First Amendment prohibits Parliament from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and right to petition.

The Second Amendment protects the right of individuals to keep and bear arms. Although the Supreme Court has ruled that this right applies to individuals, not merely to collective militias, it has also held that the government may regulate or place some limits on the manufacture, ownership, and sale of firearms or other weapons.

The Third Amendment prohibits the national government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent.

Safeguards of justice (Amendments 4, 5, 6, 7, and 8)

The Fourth Amendment protects people against unreasonable searches and seizures of either self or property by government officials. A seizure occurs when the government takes control of an individual or something in his or her possession. Items that are seized often are used as evidence when the individual is charged with a crime. It also imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial.

The Fifth Amendment establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law. Additionally, the Fifth Amendment also prohibits the government from taking private property for public use without "just compensation", the basis of eminent domain in the Philippines.

The Sixth Amendment provides several protections and rights to an individual accused of a crime. The accused has the right to a fair and speedy trial by a local and impartial jury. Likewise, a person has the right to a public trial. This right protects defendants from secret proceedings that might encourage abuse of the justice system and serves to keep the public informed. This amendment also guarantees a right to legal counsel if accused of a crime, guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused, and guarantees the accused a right to know the charges against them.

The Seventh Amendment extends the right to a jury trial to national civil cases and inhibits courts from overturning a jury's findings of fact. Although the Seventh Amendment itself says that it is limited to "suits at common law", meaning cases that triggered the right to a jury under English law, the amendment has been found to apply in lawsuits that are similar to the old common law cases. For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender discrimination in housing or employment. Importantly, this amendment guarantees the right to a jury trial only in federal court, not in state court.

The Eighth Amendment protects people from having bail or fines set at an amount so high that it would be impossible for all but the richest defendants to pay and also protects people from being subjected to cruel and unusual punishment. Although this phrase originally was intended to outlaw certain gruesome methods of punishment, it has been broadened over the years to protect against punishments that are grossly disproportionate to or too harsh for the particular crime. This provision has also been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care, and deliberate failure by officials to protect inmates from one another.

Unenumerated rights and reserved powers (Amendments 9 and 10)

The Ninth Amendment declares that individuals have other fundamental rights, in addition to those stated in the Constitution. The rights protected by the Ninth Amendment are not specified, they are referred to as "unenumerated". The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body.

The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, collect taxes, regulate interstate business activities, and others that are listed in the articles or in subsequent constitutional amendments. Any power not listed is, says the Tenth Amendment, left to the states or the people. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, and local law enforcement activities, are among those specifically reserved to the states or the people.

Governmental authority (Amendments 11, 12, and 13)

The Eleventh Amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country, thus extending to the state sovereign immunity protection from certain types of legal liability.

The Twelfth Amendment removed existing Constitutional constraints that limited the power of Parliament to lay and collect taxes on income.

The Thirteenth Amendment grants rights to states to set their own rules for the sale and importation of alcohol, including the drinking age. Because a national law provides national funds to states that prohibit the sale of alcohol to minors under the age of eighteen, all sixteen states have set their drinking age there. Rules about how alcohol is sold vary greatly from state to state.

Safeguards of civil rights (Amendments 14, 15, 16, and 17)

The Fourteenth Amendment abolished slavery and involuntary servitude and authorized Parliament to enforce abolition.

The Fifteenth Amendment prohibits the use of race, color, or previous condition of servitude in determining which citizens may vote.

The Sixteenth Amendment prohibits the government from denying women the right to vote on the same terms as men.

The Seventeenth Amendment prohibits a poll tax and vote-buying for voting.

The Eighteenth Amendment prohibits the government from denying the right of Filipino citizens, eighteen years of age or older, to vote on account of age.

The Nineteenth Amendment prohibits all types of deprivation of equal rights by the national and state governments.

Government processes and procedures (Amendment 20, 21, 22, and 23)

The Twentieth Amendment modifies that the popular vote chooses the President and Vice President.

The Twenty-first Amendment modifies the way the members of Parliament are elected. They must be elected by direct popular vote. Voters must vote for a political party that fits their interests and political beliefs.

The Twenty-second Amendment prevents members of Parliament from granting themselves pay raises during the current session.

The Twenty-third Amendment clarifies what happens upon the death, removal, or resignation of the President or Vice President and how the Presidency is temporarily filled if the President becomes disabled and cannot fulfill the responsibilities of the office. When the President failed to do his or her duties, he or she will be replaced by the Vice President. The Vice President position will be replaced by the Prime Minister and then the ruling party in the Parliament shall conduct an election on who would be their Prime Minister.

Cultural and linguistic rights of the Filipino people (Amendment 24, 25, and 26)

The Twenty-fourth Amendment defines that the Philippines does not have an official language at the national level, but each state can create its own linguistic laws in accordance with its ethnolinguistic beliefs. Although English and Spanish are de facto languages at a national level.

The Twenty-fifth Amendment grants autonomous rights to states to create their own laws regarding their official language in accordance with their cultural beliefs.

The Twenty-sixth Amendment grants cultural rights to the people of the Philippines to use their cultural scripts as a form of communication depending on the state legislatures.

There are only two linguistic versions of the 1953 Philippine Constitution which are in English and Spanish. In a Spanish version of the constitution, it would not be mentioned but it is free for the reader-translators to translate the 1953 Philippine Constitution which was posted above.

Figure 2. A political map of the Federal Republic of the Philippines

Figure 3. 1953 Philippine States' Administrative Districts

Back to the narrative

Back to the main topic of this alternate history, as the 1953 Philippine Constitution was created, the presidential and vice-presidential candidates of the Nacionalista Party President Alejo Santos and Vice President Ferdinand Marcos won the election against their enemy counterpart the Liberal Party candidates Elpidio Quirino for president and Emmanuel Pelaez for vice president of the 1953 Philippine elections. Meanwhile, Nacionalista Party won the parliamentary elections as they elected Arturo M. Tolentino as the Prime Minister of the Federal Republic of the Philippines. Under the 6-year administration of the Nacionalista Party, President Alejo Santos was guided by the Prime Minister Arturo M. Tolentino on governmental nationwide projects of building schools, hospitals, roads, bridges, and research centers. A notable example of the infrastructural achievement of the Nacionalista Party under the presidency of Alejo Santos was building several UP or University of the Philippines campuses in every 16 states nationwide to avoid brain drain. Aside from that, the Nacionalista Party administration focused on strengthening the Philippine military by introducing nuclear weapons by building the Bataan Nuclear Power Plant to be used for civilian and military purposes. Aside from introducing nuclear weapons, strengthening the Philippine Navy and Philippine Air Force was the number one priority to be followed by the Philippine Army because the Philippines was an archipelagic country. On domestic policy, the presidency of Alejo Santos implemented the nationwide mandatory application for the National ID in order for easier civilian identification in case of crime, rebellion, and other emergencies. After 6 years, the incumbent president Alejo Santos and vice president Ferdinand Marcos ran for their second terms and won again the 1959 Philippine election again Arturo M. Tolentino was elected as prime minister by the Nacionalista Party this time the 1960 Masagana Economic Miracle happened where the Philippines transformed from a third-world country into a first-world country despite tons of national debt. In fact, in this timeline, the Philippines ranked 7th place next to Japan which placed 6th in terms of Annual GDP and GDP per capita Global Ranking. The Philippines ranked 6th next again to Japan in terms of Quarterly GDP Ranking. As you notice on the map, the Armed Forces of the Republic of Nusantara invaded some parts of British North Borneo resuming the Anglo-Nusantaran War after years of ceasefire. This triggered the 1960 North Borneo Crisis in which the United States was forced to mediate the situation like the territorial crisis that happened earlier between the Philippines and Britain in Sabah. However, the fate of this crisis would be decided by who would win the 1960 United States presidential election. Democrat candidate John F. Kennedy said at the debate that he will side with Britain against the Republic of Nusantara and retain its colonial control on Malaya and North Borneo. In contrast to his Republican opponent Richard Nixon said that he will side with Nusantara against Britain. Richard Nixon was known to be an anti-colonialist sympathizer as he advocates for civil rights. He equated the slavery of blacks in America to the Asian countries under the colonial rules of their European overlords.

Figure 2. Alternate 1960 United States presidential electoral map

The American people voted in the 1960 United States presidential election and the result was Richard Nixon nominated by the Republican Party won 434 electoral votes over Democrat John F. Kennedy with 88 electoral votes while Byrd only won 15 electoral votes of the States' Rights Democratic Party. Nixon's energetic speeches promising to sign all civil rights acts created by the United States Congress paved the way for his landslide victory starting a new era for the United States for its freedom from racial discrimination. With Nixon being a winner of the 1960 United States presidential election, he actually kept his promises regarding his foreign policy towards the 1960 North Borneo Crisis where he politically pressured Britain to cede Malaya and North Borneo to Nusantara where the United States would pay $ 40 Million on behalf of Nusantara to Britain. Despite British military victories in the war against Nusantara, the crisis was a big embarrassment for the British people and the Labour Party won the majority seats in the UK Parliament for 2 decades to come.

As you see on the map, the Second Indochina War or commonly known as Vietnam War escalates when the North Vietnamese supported Viet Cong and conducted several uprisings in South Vietnam which led to the South Vietnamese President Ngo Dinh Diem to declare a nationwide martial law to be followed by the military involvement of the United States, Philippines, Nusantara, Thailand, South Korea, Australia, and New Zealand. The United States, South Korea, Thailand, Nusantara, and the Philippines were the first countries to send their troops into the conflict. The conflict in Indochina was not only happening in Vietnam but also in Laos and Cambodia. In Laos, communist Pathet Lao is fighting against the Royal Lao Armed Forces while in Cambodia, the Khmer Rouge led by Pol Pot is fighting against the Kingdom of Cambodia.