The Supreme Court has finally decided that PD 1107, or the declaration of the State of Emergency last February by President Arroyo, is constitutional in as far recognizing the fact that a crisis existed which required “calling out” the state’s defense institutions to protect itself. The accompanying directives and its implementation, most notably the warrant less arrests and the raid of media outfits were however, as was widely expected, deemed in violation of the law.
Gloria seems to have accumulated a string of legal losses in the High Court: the gag order of officials in the Executive branch appearing before Senate and Congressional hearings, the Calibrated Pre-emptive Response order which prohibited mass rallies and demonstrations without a permit and now the constitutionality of the State of National Emergency. Gloria ought to change lawyers. It’s an embarrassment. Even non-lawyers like me can see clearly where these decisions were headed from the very start: in the dustbin (see my March blog).
They should have asked Sen. Miriam Santiago for advice. Despite her lunatic streaks, Miriam remains an excellent Constitutionalist. At the height of the PD 1107 controversy when Prof. Randy David and members of militant organizations were dispersed and picked up by the PNP, I remember Miriam confidently explaining on ANC News that the “the exercise of the freedom of speech occupies the highest priority in the hierarchy of constitutional values” as stated in the Bill of Rights, and thus, although the declaration was a recognition of the state of affairs, it did not put a lid on the freedom of speech and to peaceably assemble. She said, the no-permit, no-rally order was off the mark because authorities were predisposed to grant permits to rally, the permits were required only to ensure order.
Well, you can’t really blame Gloria. After all, it seems invoking her special powers were simple knee-jerk reactions typical of a paranoid President who is bent on perpetuating herself in power. Even the gag order on officials of the Executive branch and the CPR, all these measures were clearly designed to protect herself from being booted out of office, considering that her popularity remains negative, in the double-digits, and that she refuses to address the issue of whether she cheated in the last Presidential elections or not. (Some quarters believe Gloria cheated but would still have won if she hadn’t).
In a related issue, the national ID system has been given the green signal from the High Court. I’m quite suspicious of the government’s motives, however. Just like the three executive orders, this one’s also a product of Gloria’s paranoia. Mike Defensor, Gloria’s lap dog nowadays, says this will facilitate transactions with government agencies. Really? For one, this would consolidate in one file each person’s confidential information collated from various agencies: SSS, BIR, and the DFA. It’s scary, isn’t it? The thing is, we already have a lot of personal identification cards in transacting with government agencies. So what’s up? Ostensibly, the national ID system is really designed to track your movements, your transactions and when in the wrong hands, can be used to intimidate you.
Gloria and her advisers have been testing Marcos-era tactics. It’s a good thing the Supreme Court remains independent and does not seem to bend to the wishes of Malacañang.
Since the Court is not Palace-friendly, so what’s next? You can bet your last cent that Gloria and her aides will now be training their guns and exerting pressure on the Justices of the Supreme Court, you know, just like Marcos did. This is already the third time they disagreed with her, and I’m sure she’s mad as hell. I do not know how she’s going to do it but given the kind of advisers she has (particularly Ermita), she will.
Whether the Justices will bow to the pressure and remain independent remains to be seen.
Gloria seems to have accumulated a string of legal losses in the High Court: the gag order of officials in the Executive branch appearing before Senate and Congressional hearings, the Calibrated Pre-emptive Response order which prohibited mass rallies and demonstrations without a permit and now the constitutionality of the State of National Emergency. Gloria ought to change lawyers. It’s an embarrassment. Even non-lawyers like me can see clearly where these decisions were headed from the very start: in the dustbin (see my March blog).
They should have asked Sen. Miriam Santiago for advice. Despite her lunatic streaks, Miriam remains an excellent Constitutionalist. At the height of the PD 1107 controversy when Prof. Randy David and members of militant organizations were dispersed and picked up by the PNP, I remember Miriam confidently explaining on ANC News that the “the exercise of the freedom of speech occupies the highest priority in the hierarchy of constitutional values” as stated in the Bill of Rights, and thus, although the declaration was a recognition of the state of affairs, it did not put a lid on the freedom of speech and to peaceably assemble. She said, the no-permit, no-rally order was off the mark because authorities were predisposed to grant permits to rally, the permits were required only to ensure order.
Well, you can’t really blame Gloria. After all, it seems invoking her special powers were simple knee-jerk reactions typical of a paranoid President who is bent on perpetuating herself in power. Even the gag order on officials of the Executive branch and the CPR, all these measures were clearly designed to protect herself from being booted out of office, considering that her popularity remains negative, in the double-digits, and that she refuses to address the issue of whether she cheated in the last Presidential elections or not. (Some quarters believe Gloria cheated but would still have won if she hadn’t).
In a related issue, the national ID system has been given the green signal from the High Court. I’m quite suspicious of the government’s motives, however. Just like the three executive orders, this one’s also a product of Gloria’s paranoia. Mike Defensor, Gloria’s lap dog nowadays, says this will facilitate transactions with government agencies. Really? For one, this would consolidate in one file each person’s confidential information collated from various agencies: SSS, BIR, and the DFA. It’s scary, isn’t it? The thing is, we already have a lot of personal identification cards in transacting with government agencies. So what’s up? Ostensibly, the national ID system is really designed to track your movements, your transactions and when in the wrong hands, can be used to intimidate you.
Gloria and her advisers have been testing Marcos-era tactics. It’s a good thing the Supreme Court remains independent and does not seem to bend to the wishes of Malacañang.
Since the Court is not Palace-friendly, so what’s next? You can bet your last cent that Gloria and her aides will now be training their guns and exerting pressure on the Justices of the Supreme Court, you know, just like Marcos did. This is already the third time they disagreed with her, and I’m sure she’s mad as hell. I do not know how she’s going to do it but given the kind of advisers she has (particularly Ermita), she will.
Whether the Justices will bow to the pressure and remain independent remains to be seen.
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