When mountains collapse

The tragic landslides in Itogon, Benguet and Naga, Cebu are the latest arguments to compel the review of our mining policies. A long haired prophet, at the expense of her own exalted position, had warned of the dangers of staying our present course. The President, against his will (?), yielded to the pro-mining cabal of his Cabinet. With these mining area tragedies, it now becomes our duty to act immediately. Many lost their lives. We honor their sacrifices by avoiding similar calamities in the future.

PRRD’s contempt for mining has resurfaced – “it has created a monster.” Environment Secretary Roy Cimatu suspended all small scale mining activities in the Cordilleras and revoked 10 temporary mining permits. This is but a portent of the government’s own avalanche in response.

Already we have Speaker Gloria Macapagal Arroyo firmly announcing the House’s intent to provide the President with Congressional backing on an open pit mining ban. And she is brooking no interference from those who would sabotage the President’s express wishes from within.

The pro-mining Secretary of Finance Carlos Dominguez continued to channel his inner Rasputin, attempting to contradict the President’s avowed preference. On record against any such ban, the Secretary belittled it as GMA’s priority and not his. Shades of his “No to Federalism” routine. But the Speaker was not having any of Sec. Dominguez’s de facto President complex. She is giving three days to the DOF to submit a draft on mining taxes reflecting the President’s priorities. Otherwise, the House will craft its own. In the end, whether Sonny’s or Gloria’s, we will have a mining ban or, at the very least, an inflation on mining taxes. Ultimately, Digong’s priority prevails. 

Legislative laryngitis. The lower House has always been the infantry of the administration. As such, between the two Houses, they are more likely to be the apologists for the ruling party or fence sitters when they should be using their voices on the more contentious public issues.

In the public debate on educational qualifications for public office, the position that really demands at least a college degree is that of member of Congress. It is the Senator and the Congressman, not the local official, who is responsible for fashioning legislation responsive to the evolving, specialized needs of the people. In the case of our Congressmen, their constitutional duty of being the origin of the General Appropriations Act necessitates more than just a surface competence on budgeting and fiscal administration. Trillions of our people’s money are spent based on their say. Yes, the executive proposes. But, without House consent, nothing gets spent.

Signs of life. It is truly a breath of fresh air to hear lively critical thinking coming from the Batasan. Congressman Rodolfo Farinas has voiced out his thoughts on the P52 billion pork insertions: the proposed National Budget is based on the National Expenditure Program (NEP) submitted by the Executive Department. The controversial fund and their “parking slots” were contained in the NEP. 

This fund parking controversy is still to fully play out before the public. It is apparent that there is lots more to these initial reports. Limiting liability to convenient scapegoat personalities has left a confusing spin. The House let it slide. True. But did it start and end with the House? Apparently not. The Executive Department was complicit or blissfully ignorant. Either way, whether by commission or omission, there was equal fault. But, so far, there has not been equal blame. 

Lowering the bench. So you want to be a judge? The vile episode of Chief Justice Ma. Lourdes Sereno’s forced expulsion has future magistrate wannabes thinking again. 

2018 hasn’t been a good year for judges. Even abroad, it has been the same annus horibilis across nations for their highest benches. Peruvian Supreme Court President Duberli Rodriguez was embroiled in a tape recorded corruption scandal. He has since resigned. In the United States, President Donald Trump’s Supreme Court nominee, Judge Brett Kavanaugh is facing his own public trial for allegations of improper conduct back in high school.

At home, Mayor Sara Duterte has outed an aspirant for a Supreme Court seat for actively campaigning for the job and dragging her name into his campaign. It was Justice Robert Jackson who said: men are more often bribed by their ambition and loyalty than by money.

Speaking of qualifications, of the top constitutional positions, only the Supreme Court Justices have more than just the basic age, residence and literacy requirement. Candidates have to be experienced lawyers or judges (at least 15 years) with the added fourfold character description of probity, integrity, competence and independence. Ultimately, this litmus test is designed to uphold the weightiest value ensuring the equal dispensation of justice – judicial independence. 

 Developments, here and abroad, have contributed to the erosion of that independence which is needed, more than ever, during these darkening days. A New York Times editorial phrased it this way: the submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society.

Early gifts of the Magi. Don’t look now, but from the depths we are witnessing a rally. Just this month, three wise men have gifted the nation with sublime judicial decisions which may prove to restore the faith of the wannabes. We refer to the Palparan guilty judgment of the Malolos Regional Trial Court (RTC) and the two Makati RTCs’ orders deciding to grant a hearing before ruling on the issuance of warrants of arrest for Sen. Antonio Trillanes.

Unlike the Justices of the High Court who have guaranteed tenure and are removable only by impeachment (and quo warranto, sorry), these three Judges – Alexander Tamayo, Andres Bartolome Soriano and Elmo Alameda had everything to lose. But by staying true, they have fortified their institution against further erosion of its independence and prestige. Displaying courage instead of choosing timidity, they have led from the trenches in redeeming the image of the Judiciary.