The Aquino legacies

It was the week that the World Bank President had come to the Philippines to confirm that in the last four years, under the P-Noy presidency, the country had turned from being the sick man of Asia to becoming the next Asian Economic Miracle.

But in a political environment already anticipating the 2016 elections, over mass media there has been an ongoing War of Words as a result of the Supreme Court’s decision of the unconstitutionality of some parts of the DAP and the President’s public disagreement with the decision.

There were those apparently exploiting the dissension to further their own personal agendas. There were the former top officials of the Erap Estrada and Gloria Macapagal-Arroyo regimes who are hoping for a restoration to power in 2016. Then there are the usual so-called militants who still believe that a violent revolution is the road to a Marxist utopia, an idea that has been globally discredited. Then there are those who simply want a return to the “the good old days.”

But there are also men and women who are recognized for their legal acumen and whose opinions deserve recognition. Former Justice Adolf Azcuna has an 8-point summary of his views on the Supreme Court decision which can be enlightening even for those who may not agree.

Joker Arroyo and Rene Saguisag were former human rights activists during the Marcos dictatorship. They were members of the MABINI, a group of lawyers organized during those terrible years who continued the legal fight for social justice against a regime and a judiciary absolutely lacking in integrity and recognition of human rights.

Arroyo and Saguisag eventually became leading members of the cabinet of President Corazon Aquino. Both eventually ran and won as Senators of the Republic.

In the current War of Words, they apparently have taken different views regarding P-Noy’s public stance on the Supreme Court decision. But both views are worth our attention.

Joker Arroyo had said that P-Noy practically declared war against the magistrates, and according to a report “that his (P-Noy’s) administration had even before the Monday night TV address launched a massive encirclement attack on the high court.” Arroyo further said: “The President does not question that power of the Supreme Court, but questions the Justices’ collective capacity and integrity to exercise that power. Such presidential stance undermines the Supreme Court. If the President expresses lack of faith in the Supreme Court, who will? It has no armed forces to protect itself, or the police to enforce its judgments.”

Last July 15, Rene Saguisag posted in his blog the following comments which apparently was a reply to the comments of Joker Arroyo:

“Filing a motion for reconsideration is declaring war?  Lawyers do it all the time. Lawyers do it all the time. If it’s a threat, it’s legal, like we lawyers regularly do when we write demand letters.

Maybe if P-Noy would enlist the Alex Boncayao Brigade or sic the Abu Sayyaf on a Justice, or contracted some Tondo toughie to exterminate a magistrate with extreme prejudice. War. But not if he would support the legal initiative to have more transparency in the JDF (Judiciary Development Fund).

One who threatens to sue a Kamandag who deflowered his daughter is making a permissible LEGAL threat in our democracy.

If the MR (Motion for Reconsideration) is denied as is very likely, abangan. Maybe PNoy and Butch can resign and all the saints will come marching in? Can we not wait another 715 days?

But one issue that apparently has been laid to rest is that of criminal liability or whether the DAP is an impeachable act. We have the legal opinion of one of the country’s foremost constitutional legal experts, former Supreme Court Justice Adolf Azcuna who stated that the Supreme Court did not declare that the present Constitution has invalidated Sections 38 and 49 of the 1987 Administrative Code. This is the same Code that P-Noy used to defend the legality of the DAP.

According to Justice Azcuna, the Supreme Court can decide to declare the Administrative Code as unconstitutional during the President’s Motion for Reconciliation. However, if the Court does so as Azcuna suggested, then “Butch Abad and company will fall under the doctrine of operative fact because they relied on its provisions and are not the authors.”

The “doctrine of operative fact” absolves those who rely on good faith on following a law that is subsequently declared unconstitutional. In fact, Justice Azcuna states that there is no ruling from the Supreme Court that says the authors, proponents, implementers of the DAP acted in bad faith or are liable.

During this period and in any future War of Words, it is important that we listen only to those who have the intellectual acumen and integrity even if their opinions may differ. Such is the case in a democracy. It is important that we separate the “intellectual grain from the chaff.” There are those who try to make the loudest noise thinking that their arguments can be bolstered based on the number of their media appearances. Then there are other personalities in and out of media who obviously have personal or political agendas.

I am not a lawyer. That is the reason I have never had the gall to express personal legal conclusions. I have quoted from the legal opinions of the great legal minds of our day, for whom I have developed tremendous respect. I have quoted from Supreme Court Justice Leonen, former Supreme Court Justice Azcuna, former Senator Joker Arroyo, former Senator Rene Saguisag, and a legal practitioner who has requested anonymity.

Their opinions may differ but they are worth listening to and weighing.

The nation can rely on P-Noy to follow the democratic process which his family – Ninoy and Cory – have become the symbols for its restoration to our country. A War of Words is not and should not be mistaken for a real war. This country will never have a Marcos martial law regime again.

In the United States, several of its presidents, like Abraham Lincoln, Franklin Delano Roosevelt and Barack Obama, have been accused of battling the Supreme Court due to issues regarding presidential prerogatives.

I hope we have not reached a point where questioning the integrity and the infallibility of the Supreme Court Justices – or the other two branches of government – will be considered anti-democratic. Part of the essence of a democracy lies in the capability of the three branches of government to serve as checks and balances for the excesses of other institutions.

Ninoy’s legacy was to awaken in all of us that the Filipino is worth dying for. Cory’s legacy was the restoration of democracy through People Power against impossible odds. P-Noy’s legacy will be the institutionalization of the rule of law in our nation.