Immoral and illegal

Like it or not, it is quite obvious and clear by now that our leaders are losing their sense of right and wrong, of what is legal and illegal. This is easily noticeable from their public utterances and actuations that oftentimes necessitate denials, explanations or corrections allegedly because they did not really do or say it or they are just misquoted or misinterpreted or joking. Never has the Presidential spokesperson been as busy as at present trying to explain the meaning of some statements made particularly by DU30.

It is really undeniable for instance that Secretary of Justice Vitaliano Aguirre, one of the alter egos of DU30, has been lately acting quite unjustly in the performance of his job. He is now in the midst of a controversy because he tried to point to some opposition Senators headed by Senator Bam Aquino, as the prime movers in the Maute terrorist attack in Marawi City. But when it was discovered that he was using fake news reports, he reversed himself although he still refused to apologize publicly. In fact he has even initiated an investigation on an alleged destabilization plot against the DU30 administration. And despite the discovery that his sources are evidently dubious, he still insists that there is a destabilization plot against DU30 that should be investigated. This is indeed some kind of paranoia that has characterized this administration and has continued to divide the nation. And yet Malacanang has even commended Aguirre as doing an “excellent” job.

Then of course we also have the antics of the current Speaker of the House of Representatives, Pantaleon Alvarez. He has likewise drawn so much attention simply because of his indiscrete utterances which are illegal and wrong. As the fourth most powerful leader of our country, he picked-up a fight with his erstwhile friend Congressman Antonio Floirendo because of the quarrels of their girl friends. He even justified his adulterous relationship by claiming that almost everybody is doing what he is doing: “who does not have a girlfriend?” he boasted.

In the current controversy on the declaration of martial law, he even claims that the Supreme Court (SC) is encroaching on the legislative function when it took cognizance of several petitions questioning DU30’s declaration of martial law and suspension of the writ of habeas corpus. “How could the SC dictate on Congress what to do”? He asked. “It is a co-equal body” he claimed. So he arrogantly asserted that “if the SC issues a directive telling Congress, dictating Congress to convene and hold a joint session, pupunitin ko yan.”

In fact on Wednesday Alvarez refused to budge from his position to defy the Court of Appeals (CA) which had earlier ordered the House leadership to present six Ilocos Norte provincial government officials detained at the lower chamber for contempt. “Mga gago yang tatlong justices na yan,” Alvarez said referring to said order issued by the three justices. He continues to keep the local executives detained in defiance of CA order. These are just some of the incidents clearly showing that we are now being ruled by leaders who do not know what is right and what is wrong, or what is legal or what is illegal. This is very unfortunate and alarming indeed.

Regarding DU30’s Proclamation No. 216 declaring martial law in Mindanao, it must be pointed out that the Supreme Court’s action taking cognizance of several petitions is not encroaching on legislative function. It is in accordance with Section 18, Article VII of the Constitution which states that “The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof and must promulgate its decision thereon within 30 days from filing.”

Actually there are three petitions filed before the SC. The first two were filed by former Senators Rene Saguisag and Wigberto Tanada for Mandamus compelling the Senate and the House of Representatives to convene jointly to review Proclamation No. 216 pursuant to the Constitutional mandate which provides that: “The Congress voting jointly, by a vote of at least a majority of all its members, in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the president.” Despite this clear and categorical mandate, Congress has not yet convened jointly since the issuance of Proclamation No. 216. Congress merely convened and voted separately upholding said proclamation which is obviously not in accordance with the Constitution. So in all probability, these petitions will be granted.

The other petitions are those filed by some groups headed by Congressman Edcel Lagman questioning the factual basis for declaring martial law in the entire Mindanao. Their main contentions are: (1) that the acts of the IS-Maute in Marawi City are mere acts of terrorism and do not constitute actual rebellion or invasion as to justify the declaration of martial law in Mindanao; and (2) even assuming that there is actual rebellion or invasion, such events are only confined in Marawi City so martial law should not have been declared in the entire Mindanao. The oral arguments now being conducted in the SC for the last two days are actually centered on these issues. At this stage therefore, People, especially Senate President Koko Pimentel and Senator Tito Sotto should refrain from making any comment or conclusion as the case is still sub judice or under consideration by the Supreme Court in compliance with its function of deciding “all cases involving the constitutionality….of presidential decrees, proclamations, orders, instructions, ordinances and other regulations” (Section 4, Article VIII, Constitution).

*      *      *

Email: [email protected]