Ano ba talaga, kuya?

I was originally going to write about the recent decision on the current impeachment proceeding against the Ombudsperson. I decided against it because it is still subject to a motion for reconsideration which I am certain will be filed. This means that the case will drag on for another several months so I will still have the opportunity to write about it in a future column. Moreover, the majority decision seemed to be well-researched and -reasoned. (Although given the recent League of Cities decision discussed below, one is not sure whether this will be the final word on the matter.) What is important right now is for the House of Representatives get on with its work so that we can all move on regarding this issue.

But speaking of moving on, the troubling decision of the week relates to the never ending saga on the constitutionality of the creation of 16 new cities. This had been the subject of this column last 4 September 2010.

To briefly recall the facts: The 11th Congress passed several laws in 2007 providing for the conversion of 16 municipalities into new cities. Petitioner League of Cities of the Philippines (LCP) questioned these “cityhood” laws saying that they violated Article X, sections 6 & 10 and the equal protection clause of the 1987 Constitution as well as Republic Act 9009. The practical effect of the wholesale conversion would be to reduce the share of existing cities in the Internal Revenue Allotment (IRA).

On 18 November 2008, the Supreme Court, voting 6-5, ruled for the petitioner and declared the law unconstitutional. Respondent 16 cities filed a motion for reconsideration but this was denied by a vote of 7-5. Respondents filed a second motion for reconsideration but this was denied as well by a vote of 6-6.

Arguing that the 6-6 decision should not be considered a denial, the Court was persuaded to allow the filing of a third motion for reconsideration. On 21 December 2009, the Court, voting 6-4, then reversed its original November 2008 decision.

LCP under its new president, San Fernando City Mayor Oscar Rodriguez, then filed its own motion for reconsideration. In a 24 August 2010 decision, the Court in a 7-6 vote, reversed its 21 December decision and reverted to its original November 2008 ruling. We thought that was the end. We were mistaken.

Last 16 February 2011, the Court also by a 7-6 vote, flip-flopped again and upheld the December 2009 ruling. Apparently, the reversal was caused by Justice Jose Mendoza’s switching to the other side. (A copy of the actual decision has yet to be released and made public.)

LCP President Rodriguez called the most recent decision “a mockery of justice” which to a law student is an oxymoron of sorts as we were taught in law school that the High Court not only has the last say on what the law is but is “The Citadel of Justice.” Regardless of the substantive issues, the fickleness displayed does not bode well for our administration of justice where stability is of paramount consideration. While we recognize that our magistrates are also human, they cannot be “too human.” And even if we have been assured that this situation is unusual and pro hac vice (Latin: “for this turn” or “for this occasion”), I am certain that this precedent will be used by lawyers in the years to come to continually bang on the court doors to convince our seemingly fallible magistrates.

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Virtual National Artist: Drowned by the other week’s news was the funeral for painter Federico Aguilar-Alcuaz who was quietly buried last February 9 at Loyola Memorial Park Marikina, the same venue of the suicide the day before. A member of the Philippine bar who chose to devote his life to his real passion — painting — Alcuaz was a political crossfire victim. The joint board of the Cultural Center of the Philippines (CCP) and the National Commission for Culture and the Arts (NCCA) unanimously voted him in 2009 as a National Artist for Visual Arts. But in the proclamation conferring the 2009 National Artist awards issued by then President Arroyo, there were two persons inserted who did not pass thru the CCP-NCCA screening. This drew a howl of protest from the cultural community including several living National Artists. A case was filed in court resulting in a restraining order being issued against the proclamation. That case is still pending for resolution.

Meanwhile, Mr. Alcuaz has passed on. But his works which have imbibed a life of their own continue. He may not have enjoyed the benefits of being a national artist in his lifetime but he certainly has earned the respect and acclaim among Philippine art aficionado — and yes, even sans that Presidential certificate. Last February 16, the CCP honored Alcuaz through a program that included a dance tribute “Pas de Trois” in honor of his “Tres Marias” series of paintings. Better than a piece of paper, let me give him two centavos.

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Expensive permits: May I give one centavo this week to multi-awarded and “edu-taining” tele-radyo hosts Ted Failon and Pinky Webb who, during an interview with Quezon City Mayor Herbert “Bistek” Bautista, focused on the problems related to the issuance of building and occupancy permits by local government units. Unfortunately, this problem is not unique to Quezon City, but is prevalent in other cities in the metropolis as well. Aside from the inordinate period of time it takes to issue these permits, the “under the table” costs for obtaining them are skyrocketing. In my previous employment, I was privy to large sums being transacted so much so that the supposedly “lowly” local government officials would be receiving a monthly take home pay that would rival that of the generals. If we are to undertake reforms in the armed forces, we should also look into changing existing practices prevailing in the running of our local government units.

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“Most people are willing to pay more to be amused than to be educated.” — Robert Savage

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