Constitution in Peril

May 11, 1992 was a memorable date for the Philippines because it was the first synchronized national and local elections under the 1987 Constitution. Although unable to vote - I was a few days shy of turning 18 then - I was involved in the Parish Pastoral Council for Responsible Voting (PPC-RV). I was stationed at Lakan Dula High School along Juan Street. As far as Gagalangin was concerned, the elections were peaceful. The following month, Fidel Valdez Ramos and Joseph Ejercito Estrada were inaugurated as President and Vice President respectively.

The Constitution has been the guiding principle of our land. Such framework is necessary for a nation to thrive. A few months before the 1992 elections, the Senate has rejected the Philippine-US Bases Agreement in spite of Cory Aquino's campaign to have it approved. The Upper Chamber has done so because it has been empowered by the Constitution as the sole treaty-ratifying body (Article VII Section 21). The Charter also empowers the Senate as the sole impeachment trial court for officials such as president, vice president, chief justice, ombudsman, etc (Article XI sections 2 and 3).

May 11, 2018 was a day of infamy for our country because, on a vote of 8-6,  the Supreme Court has booted out one of its members - Chief Justice Maria Lourdes Sereno - on a quo warranto petition against her by the Solicitor General. This, in utter ignorance of what the Constitution has stipulated. It is a shame that the Supreme Court - the last resort of Mang Juan de la Cruz - has gone to this unconstitutional route because of bad blood against a neophyte colleague who was chosen over them as chief magistrate. It felt like the majority of justices behaved like kids who don't want a newbie to join in their circle. That weak spot became a way for the administration to get rid of its nemesis and gain control of what should be an independent and co-equal branch of government. No need for Martial Law, right?

Six of those justices who voted against Chief Justice Sereno were asked by her to recuse from the hearing because of their obvious bias (Accuser and judge at the same time? What is that?). Strangely, these men and woman in robes didn't yield to the request. Have they done the honorable thing, according to Professor Winnie Monsod, "[the] quo warranto petition would be in the trash can now, where it belongs."

Indeed, a precedent has been created because of this ghastly ruling: any judge or other constitutional official can be ousted though a quo warranto petition. No need for an impeachment trial, isn't it? This breeds a sycophant culture in government where no one will have the balls to defy the powers-that-be. This puts off our youth from serving the public through the government. This reduces government as a domain of the few than a forum for all.

I find it strange that the Senate, through its President, only made a statement hours after the ruling was made. They should have made noise about this earlier on. What remains to be seen is if Congress will proceed with the impeachment of Mrs Sereno or not.

I don't know what the next May 11 of the years to come would bring, but I hope it would be something good for the country. For now, let these events be a lesson for all. Left to our own devices (and that includes the grudges we nurse or our loyalties to so and so), there would be mayhem. But with the Constitution we have order. Hence, it has to be upheld. The Supreme Court failed to do so. It's high time to unite and fight!

A Thief

The Year of Mercy will be formally closed on Sunday November 20, the feast of Christ the King.  Looking back, this holy year was an opportune time to rediscover God's mercy and make it felt especially by everyone, especially those in need. It is unfortunate though that in the Philippines, this holy year closes with a low note, thanks (or no thanks) to the infamous ruling of the Supreme Court (SC) allowing the remains of dictator Ferdinand Marcos Sr to be buried at the Libingan ng mga Bayani (LNMB).

By looking more at the letter of the law rather than the spirit of the same, the 9 associate justices have washed their hands from any responsibility to clarify and put to rest such an issue. By looking more at the letter of the law rather than the spirit of the law, our magistrates have shown the typical forgetfulness of Filipinos on the sins of their oppressors. By looking more at the letter rather than the spirit of the law, the Court has lost the opportunity to administer what is too obvious: justice for the Martial Law victims, justice for the whole Philippines.

I don't know where these justices were while Marcos and his minions pillaged the country left and right and trampled the rights of its people with impunity. Have our justices become subservient to the Palace the way the Legislative branch has done? One thing is for sure: allowing Marcos to be buried at the LNMB won't bring any closure, healing, or unity.

Just a few hours ago, we've seen video footage and photos of Marcos' remains secretly being buried at the LNMB. Without waiting for the petitioners to challenge the SC's decision, the Marcoses have pushed through with the burial. Why in secret? (And please, Malacanan, don't give us that flimsy excuse that you are not aware of the interment!) Did Marcos die of cholera or any infectious disease?  Is there a war that the body needs to be buried hastily? What's there to hide? I suddenly remembered what my mother used to say; that no matter how deep you bury a jar of bagoong (anchovy sauce), it will still smell! No matter how the Marcoses hide their sins, the people will still smell the stench of their deeds. So be vigilant, people!

And why only family and few supporters in attendance? Shouldn't the country celebrate a hero's burial? For that's what the Court ruling tells us. At any rate, the burial just reveals who he really is: a thief.

I note that the Gospel for the 20th is about a thief who, in his final hours, repented and humbly asked Jesus to remember him when the Lord comes into His kingdom. So much different to the thief whose remains are now interred at the LNMB: unrepentant, arrogant, and pathetic.

Nipping Evil at its Bud

Just a few days after the Holy Father's visit in the Philippines, when the country felt blessed with mercy and compassion, the Supreme Court has surprisingly extended these theological attributes to Joseph Estrada, deposed Philippine president and incumbent mayor of Manila. The High Court, voting 11-3, dismissed the disqualification case against him.  Supreme Court Spokesman Theodore Te says: "The majority characterized the pardon extended by Mrs. Arroyo to Mr. Estrada (in 2007) as absolute, thereby restoring Mr. Estrada's qualifications to stand as candidate in the last Mayoralty elections".

Voting for the dismissal were Justices Teresita Leonardo-De Castro, Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano Del Castillo, Martin Villarama Jr. , Jose Perez, Jose Mendoza, Bienvenido Reyes, and Estela Perlas-Bernabe. With the exception of Reyes and Perlas-Bernabe, the others are Arroyo appointees.  It seems to me that the first nine justices have remembered their patron, with help of the other two Aquino appointees.  One cannot fail to surmise that this court acted as an Arroyo court!

Voting against the dismissal were Chief Justice Maria Lourdes Sereno, Justices Antonio Carpio, and Marvic Mario Victor Leonen.  Carpio is the lone Arroyo appointee among the three.

I have been vocal against Estrada's candidacy for mayor of the city of my birth way back in 2013 due to the plunder case of which he was found guilty of by the Sandiganbayan (anti-graft court). Apart from this case, I didn't buy the idea that Erap would just run for a term before retiring (Is there a retirement age in politics? Come on! Imelda Marcos who's older than Estrada is still in public office).

It is unfortunate that Arroyo has granted presidential pardon to a mandarambong (Tagalog for plunderer) not so much for the good of the country, but more for her political agenda. And because Erap had done these sins with impunity (highlighted word borrowed from the the late Msgr. Nico Bautista who once told me how Estrada behaved as a public servant) and never showed any remorse, the pardon became a ticket for him to run for the presidency in 2010 and then the mayoralty in 2013. With the disqualification case being dismissed, this kapalmuks (thick faced) action star-turned-politician is ready for a come-back to Malacañan (God, forbid it!).

I hope that Alicia Vidal and former Mayor Alfredo Lim, the case's petitioner and intervenor respectively, would file a motion for reconsideration. 

Meanwhile, days before this infamous court decision was made, Senator Miriam Defensor-Santiago filed Senate Bill 2568 that seeks perpetual disqualification for a public servant convicted of plunder, even if pardoned by the president. Plunder, as defined by Republic Act 7080 as the accumulation of ill-gotten wealth through a combination or series of overt criminal acts in the aggregate amount of P50 million by a public official. According to the feisty solon, the theft of such amount is "is unforgivably criminal, and no person who is capable of such act has a place in public office”.

According to the editorial of the Philippine Daily Inquirer: "Sen. Miriam Defensor Santiago’s bill seeking the perpetual disqualification from public office of a government official convicted of plunder—even if pardoned by the president—is a timely corrective to the looming threat posed by Estrada running again for the presidency in a never-ending effort to vindicate his name. The bill deserves wide public support and should be passed by Congress, if it knows any better. A crime is a crime—more so if it’s as heinous as plunder. Popularity does not expunge it; otherwise, we can dispense with the justice system altogether and look to the horde, like the old Romans did, for a thumbs up or a thumbs down on a person’s guilt" (http://opinion.inquirer.net/82095/miriams-measure)

I commend Miriam for filing this bill. In spite of her lung cancer, she continues to serve the people by passing bills such as this. If P-Noy is dead serious in driving the final nail on corruption's coffin, he should mark this bill as urgent. Should the bill finally becomes a law, that would be a sound legacy he could leave his countrymen.

St. Thomas Aquinas, whose feast is celebrated as of this writing, once said "To bear with patience wrongs done to oneself is a mark of perfection, but to bear with patience wrongs done to someone else is a mark of imperfection and even of actual sin".  Filipinos are know to be matiisin (forebearance) to the point that we are being robbed in broad daylight. If we condone the likes of Erap and Arroyo (Politicians scratch each others back!) it won't only be ourselves bearing the brunt of their wickedness.Our children and our children's children would surely suffer, the way they are/will be liable to pay the country's debt servicing thanks to Ferdinand Marcos (and his successors). Enough is enough!

The Best and the Worst in Us

"When everything else is taken away, broken, battered, soaked, raw, stripped, bare, you see things, you see people as they really are. This week in Tacloban, Samar and Cebu, amidst the hunger and thirst, the chaos and confusion, we've seen the best in the Filipino people, their strength, and their courage. I can't get it out of my mind. Imagine the strength it takes for a mother to search alone for her missing kids, the strength to sleep on the street near the body of her child. We've seen people with every reason to despair, every right to be angry, (but) instead find ways to laugh, to love, to stand up, to move forward.  A storm breaks wood and bone, brings hurt and heartbreak. In the end, the wind, the water, the horror it brings is not the end of the story. With aid and assistance, compassion and care, this place, these people...they will make it through. They already survived the worst." 

These were the words of CNN Anchorman Anderson Cooper who was in Tacloban following the aftermath of typhoon Yolanda.  Indeed, the help coming from the 4 corners of the world has been overwhelming.  At the Closing Mass for the Year of Faith this Sunday, a special collection will be held for the typhoon victims. According to the Vatican, this is the first of its kind in a papal Mass.  Grazie, Papa Francesco! For me, this is ending the holy year in style!

Apart from the help the country has received or will be receiving from other countries and charities, we've all witnessed that indomitable spirit of the Filipino.  I was watching BBC News a few days after typhoon Yolanda made a landfall.  A woman was being interviewed.  Devastation was all over the place and yet there she was smiling.  Just a while ago, I saw on Facebook photos of young men playing basketball amidst the rubble.  

These are our best moments!

However, the typhoon has sadly become an occasion for some quarters to be, well, repulsive. Cooper, as many netizens would know by now, crossed swords with ABS-CBN Anchorwoman Korina Sanchez.  Sanchez, who is the wife of Interior and Local Government Secretary Mar Roxas, mentioned in a blind item a blonde CNN reporter who doesn't know what he was saying.  Cooper challenged her to go to Tacloban.  Sanchez got the ire of netizens for her arrogance.  As of this writing, she took a week's leave of absence although rumor has it that she was actually suspended.  

Sanchez's husband came under fire too for allegedly bullying Tacloban Mayor Alfred Romualdez. There were reports that Roxas wanted Romualdez to write a letter to President Aquino informing him that he can no longer act as hizzoner of the ravaged city.  A mere political appointee trying to unseat someone who got his mandate from the people?  My favorite Inquirer Columnist Conrado de Quiros wrote an article entitled "Get him (Roxas) out of there".

Apart from politicizing at the wrong place and at the wrong time, we've heard too that aid that should have gone to the victims were intercepted by insurgents.  There was also looting of groceries.  I could, in a way, understand the fight for survival, but what surprised me was that even policemen joined in the fray.

Trials and tribulations could make or break us.  They can be occasions for us to shine or to stink.  They can bring the best or the worst in us.

***

Meanwhile, in Manila, the Supreme Court has declared the Priority Development Assistance Funds (PDAF) unconstitutional last Tuesday November 19.  I'm glad that the High Court has gave its verdict on this. Furthermore, that this third branch of our country's government has lived to its true self as the people's last resort.  As Senator Miriam Defensor-Santiago puts it "There is a God, after all".  

Legal expert Fr Joaquin Bernas, SJ, in his latest column in the Inquirer, wrote "The decision Tuesday of the Supreme Court restores the normal constitutional order of handling public money. The first destination of money coming in for the public, either as taxes or other forms of income, is the public treasury. And such money stays in the treasury until Congress determines how it is to be used. As the Constitution says, “No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.” The appropriation can be either through the general appropriations law or through special appropriations. This provision prevents members of Congress, and the President, from indiscriminately spending unappropriated money."

With this ruling, politicians and political wannabes alike should think twice: Is government service really for me? Will running for the presidency be my right move?  How can I work with Congress if I don't have any pork barrel to dangle them with? Will a position in government be an opportunity for me to serve or an occasion of sin?

***

At the House of Representatives, the anti-dynasty bill has been approved - at committee level.  How this will make its way to the plenary session of both houses of Congress (fully packed by  legislators belonging to same affinity) is something that remains to be seen.  Senator Nancy Binay has already criticized such bill - for very obvious reasons.    Abangan ang susunod na kabanata!