On term extension and emergency powers
We welcome our president from his very hectic and tiring two-week blitzkrieg to Europe and to the USA. Without doubt, he has brought home some packages of good news, arising from his multilateral meetings and conferences, numbering no less than 84 more or less, including appearances before the various Filipino communities in major cities of Filipino migration and work sites. He has made some glowing reports on investments coming in the next many months. But upon arrival, the president is confronted with many domestic problems, including the uncertainty in power supply, the worsening crime situation, and the issues leveled against his trusted PNP chief, General Alan Purisima.
The two major decisions that has to be made by Congress and the Filipino people is: First, whether or not this nation will grant the president a term extension, or a Charter amendment allowing a second six-year term to the chief executive. And second, whether or not the people will agree to granting the president some emergency powers in order to enable him to address with urgency and effectiveness the looming power crisis. The whole country is divided on these two issues. Last night, I was an adjudicator in a debate in one College of Law on the proposition: Resolved that President Benigno Aquino III be granted a second term of another six years.
The debate used the modified Oxford-Oregon style and the affirmative side was tasked to argue on three issues: First, the NECESSITY issue, is it necessary to grant the proposition ? Does the country need another six-year term for the incumbent president ? The next is the issue of BENEFICIALITY, will it redound to the greater benefit to the nation and to the people to grant the president another six years. And third, PRACTICABILITY, can amendment still be done, given the time and resources needed and the temperament of the people.
There was also an impromptu speech contest on the issue of fiscal autonomy of the judiciary and on the question of granting the chief executive some emergency powers to address the impending power shortage. In both contests, this columnist was a judge. On the matter of emergency powers, it is our view that Senator Serge Osmeña is correct as Chair on the Senate Committee on Power, that there is no need to give the president such powers. The problem can be addressed using existing and residual powers of the presidency. The energy secretary should only do his job well and there is no need to delegate the problem to his boss.
As to the term extension, it is our considered view that it is not necessary. The president can still influence governance by working hard that his successor shall carry on the long-range strategies and programs that he initiated. It is not beneficial to the country, with all due respect, that we tinker with our fundamental law, just to accommodate the wishes of the president. We have to remain faithful to the mandate of the constitution which was ordained and promulgated under the leadership of his own late mother. Lastly, it is no longer practicable, given the long and tedious process of amendment, whether it is by convention, constituent assembly or peoples' initiative. It may be a good idea whose time has not yet come.
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