The
Chronicle, many times, had expressed our belief in the merits of the Parliamentary
system. Too, we shared the view that it's time we give foreigners the right to
own Philippine land and develop the capital-intensive mining industry as part
of the constitutional economic reforms.
But
we will not stand behind any fraudulent, sleight of the hand revisions that is
unconstitutional as the Supreme Court had rightly labeled the People's Initiative
to be.
We
cannot stand behind people who dishonestly condemn "gridlocks" caused
by stalemates between the Senate and the Lower House and then railroad a serious
change in the form of government by voting as one assembly. They can only vote
on such similar issues only when the present government becomes unicameral. Not
before that.
Months
earlier, the Chronicle had already proposed that it is best for people to directly
vote the framers of the Constitution through an election of Con-Con delegates
simultaneous to the May polls. We don't know what time bomb could possibly be
ticking now that the Charter Change proponents cannot wait a little longer. Do
the proposal agitators think that in one congressional district, there is only
one man God blessed with a genius that he has to be the present lawmaker and constitution
amender all-in-one like Mr. Congressman?
That's
an insult to the 80 million thinking Filipinos.
The
Supreme Court, as written by ponente Justice Antonio Carpio had crushed the People's
Initiative as a deception and fraud against the people for many reasons. The 8-7
decision, after all, is not that close a margin as we understand five of the seven
dissenters really wanted the case remanded back to the Comelec. So strictly speaking,
only two of the fifteen Justices categorically supported the Initiative - for
A reason one can only surmise why.
The
bloodbath after the Wednesday Ruling last week saw a visibly tired and disappointed
Speaker Jose de Venecia who salivates for the Prime Ministership (as we do for
cold water after a 30-minute jog) hemming and hewing that "we won't have
the same chance for Charter Change in the next ten years." Sunshine Joe must
keep his slip from showing because ten years could be viewed as outside of his
productive political lifetime and soil further his credibility.
JDV
cries it was a "trial of facts" but which it should be because factual
technicalities are part of the - sed lex dura lex - concept. In America, the Court
ordered a criminal released from his bed where he was chained because the police
arrested him there without a warrant. That is the law - one cannot invoke it only
when it suits one's own personal agenda.
But
the most idiotic comments would come from the Society of Poor, Hard Losers who
cannot take the fact that the country will run even without their say-so. Their
absurd argumentum ad hominem made even us (poor) non-lawyers roll on our belly
with laughter.
One
comes from a Department of Justice leader who claims it was "The Firm"
gang of Carpio, Vaillara, Cruz who engineered the legal coup (insulting the integrity
of the seven other concurring justices) against the initiative as their infantile
revenge for not getting its candidate from being appointed today's Ombudsman.
An
obscure Congressman from an island rose from anonymity to infamy by declaring
that Chief Justice Art Panganiban just wanted to grandstand because he wanted
to become senator of the republic like the late Chief Justice Marcelo Fernan of
Cebu. Well, Panganiban could probably win the senate polls in 2007 because the
6.3 million signatories who now know they were deceived and the remaining 33 million
voters who now know Art better, will certainly vote for him.
Now,
we may elect to the senate in 2007 the only Chief Justice who came from the ranks
of the poor - so poor that he had to take his law at the nearby Far Eastern University
because his father could not afford the bus fare from Sampaloc to UP Diliman where
Art was a confirmed scholar. Now, how's that for poetic justice?
The
third idiocy comes from the Sigaw ng Langaw (as Antonio Abaya calls them) who,
suffering from hoarse throat gloating over their loss, wants Justice Carpio to
resign (ano sila sinusuwerte?) or be ousted (only the President can appoint justices
in the country). They also vowed massive demonstrations against Carpio when so
far what it has demonstrated was a "legal harebrained" People's Initiative
Proposal - a term coined by the President's own former legal adviser and now head
of the Department of National Defense, Avelino "Nonong" Cruz.
By
November 8, the Plan B of Sunshine Joe called the Constituent Assembly or the
Con-Ass (how apt) will gain ram the Charter Change issue on the mere basis of
three-fourths vote or 195 from the Lower House and two from the Senate voting
as one. Any high school kid who did not sleep in Social Studies or Current Events
knows that a bicameral system like ours (which is precisely being asked to be
amended) have two houses voting independently. The Senate's separate identity
can best be exemplified by its exclusive power to approve treaties as the Visiting
Forces Agreement.
By
what Halloween's brew did the proponents drink to be so poisoned in judgment that
having a joint vote in a bicameral legislature is not constitutionally infirm?
But
what is more tragically bothersome are comments from the Initiative proponents
indirectly defacing the Supreme Court as mere dummies, subject to the dictates
of their appointing benefactors. Presidential spokesman Mike Defensor (who because
of his surname "defends" even the most indefensible of all positions)
said that GMA was "disappointed and perplexed" that her own Justice-Appointees
were the "harshest critics" of the Initiative.
Sunshine
Joe reaffirms this warped administration concept by saying that by December 7
when the villain Chief Justice goes to pasture, a friendly new honcho appointed
by the Palace by the River will tilt the balance in favor of the motion for reconsideration.
Where
is their respect for the independence of the three branches of government and
their respect for the rule of law?
We
had given the present Supreme Court the benefit of the doubt that it will remain
true to the tenets of justice, democracy and liberty when faced with decisions
of grave national importance. It had not fail us in affirming the "majesty
of the law" by penning decisions 5-0 against this administration in three
cases bordering on the right to dissent, the senate right to investigate the PCGG
and now the Charter Change proposal.
In
the 8-7 decision, the two telling points (to our minds) is that the 6.3 million
signatories blindly affixed their names on an initiative that they were not totally
made knowledgeable of - and absence of full information is not a sound basis for
decision and that the distinctions of what can be revised or amended by People's
Initiatives have many clear juridical precedence in three states in the United
States.
Dissenting
Justice R. Puno argued soundly that "we should listen to the voice of the
people, above all, respect its sovereignty." But that is precisely why the
Supreme Court decided that decision of a people misled by Pied Pipers with incomplete
information must be stopped before it inflicts additional injury (to injury) on
themselves and the Filipino people.
That,
to us, is the exercise of the "real majesty of the law." |