Dualism

By now P-Noy must have realized that a great majority of Filipinos painfully bewail his contemptuous attack of the Supreme Court (SC) for its unanimous decision finding the DAP unconstitutional. The peoples’ anger over his threats against the highest tribunal of the land mainly tasked with upholding the rule of law is clearly evident from any point of view.

Even some of his allies openly denounce his bullying tactics against the SC which had to be given wide coverage by a compliant media. His menacing stance against a co-equal branch of government is so one sided and uneven as to catch the attention not only of his critics but even his spin doctors who found themselves painstakingly scrambling for words to explain that he did not really mean to defy the SC ruling concurred in by 13 justices presently composing the entire court. In fact his palace spokesman claims that P-Noy recognizes the SC authority on the matter by filing a motion for reconsideration.

When his spokesman made this explanation however, some of his “lapdogs” and party mates in the Lower House are sending subtle signals of possible impeachment of the SC justices. Some of them are even questioning the SC’s own Judicial Development Fund (JDF) and likening it to the DAP despite the fact that it is entirely and inherently different in nature and composition. Some of them are even filing a bill to abolish said fund. And coincidentally, the Commission on Audit (COA) chaired by a P-Noy appointee also came out with a report on the alleged SC “savings” in the JDF hinting that they may have also been used like the DAP.

Then, while P-Noy was announcing his administration’s move to file with the SC a motion for reconsideration of its ruling as an attempt to show that he is acknowledging the SC’s jurisdiction to resolve this controversy, he was also telling his nationwide audience that he and his yellow ribbon brigade would bring the controversy and campaign directly to the people and to convince them that there is nothing wrong with the DAP despite the SC’s ruling to the contrary. Thus he is even converting a purely justiciable controversy into a political dispute and completely upsetting the ideal democratic setup separating the political and judicial branches of our government. He is actually dragging the SC into the dirty game of politics which is not within its competence and capability to play.

His nationwide speech last Monday was definitely unwelcome and reaped a lot of negative but well founded flaks. No amount of explanation could erase the impression that the SC is being subtly reminded and insidiously threatened to reconsider its decision on the DAP, or else….

The success of such move is however quite remote primarily because it would place the SC in a very bad light. Completely somersaulting from its original unanimous decision which is thoroughly studied and solidly based on facts and the applicable constitutional provisions and principles, will indubitably lead to a well founded conclusion that the SC justices succumb to the various pressures exerted by the two other branches of the government. It may completely erode the peoples’ trust and confidence in our judiciary and lead to a constitutional crisis ending in another “people power revolution” that may no longer be as peaceful as the previous ones.

 It is really quite hard for the SC to reverse itself on this controversy because P-Noy and the government lawyers have not given the justices the proper legal grounds to do so. They have simply relied on Section 39, Chapter 5, Book VI of the Administrative Code contained in an Executive Order issued prior to the adoption of the present Constitution which took effect on February 2, 1987. A cursory reading of said Administrative Code provision shows that it is inconsistent with Section 25 (5) Article V of the Constitution.

Because of such inconsistency and considering that the Administrative Code was adopted before the present Constitution such provision of the Code has already been repealed by the present Charter. This is elementary. It is not even necessary for the SC to expressly declare that said Section 39 of the Administrative Code has already been repealed by the Constitution as a ground for denying P-Noy’s Motion for Reconsideration. The present Charter already provides that only “existing laws, decrees, executive orders, proclamations, letters of instruction and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed or revoked.” The above cited administrative code however is clearly inconsistent with the Constitution, so it is no longer operative.

It is really our tough luck to have a president who lacks humility to accept his mistake and instead continue to justify his wrong acts with motives or intentions which he believes are right. The worse part here is that while he keeps on saying that the DAP has benefitted the people, the supposed projects where the funds were used amounting to P144.4 billion has not somehow been felt by the people especially the poor. The report released recently does not even mention the DAP funds allocated to members of Congress as means of “convincing” them to give in to Malacanang’s wishes.

This lack of humility and stubborn self righteousness on the part of P-Noy are really quite dangerous to our democratic republic. They may be the source of disregarding the decisions of the SC or as means to go around the law. In fact there are supposedly some items in the 2015 budget which is very much like another form of “pork” to fatten our officials.

Let us not allow these things to further happen by ensuring the complete removal of these kind of leaders in our midst, come 2016.

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