Aftermath

The performance of our armed forces in Marawi has been greeted with universal acclaim. Their presence there was preceded by initial trepidation. Many saw the black flag hoists and minor skirmishes as warranting mere police action. We came on board as a nation only when the conflict turned into a full-blown war. But first, the Supreme Court’s imprimatur that the government had legal cover.

The confusion had to do with the deficit in understanding urban warfare. This cluelessness compounded the failure of ground intelligence. The tunnels were a surprise and so with the unexpected strength and deep bench of the opposing forces. Our overwhelming arms advantage accounted for nothing. The equipment was unsuitable plus we needed a proper playbook.

Saving the day. In the end, the Filipino soldier still won the day and made us proud. Professional, civil, sensitive, respectful – these were among the words used to applaud them. Gentlemen warriors, we acknowledged a profound gratitude to them and to their leadership which we had not felt in a long time.

These are, as well, the qualities to look for in the aftermath of war as we embark on the journey to rebuild Marawi. The City, as it now stands (or lies), is in ruins, looking more like it suffered through a world war.

It calls to mind similar reconstruction efforts in the past. Our elders who  remember the post World War II reconstruction efforts of the Allies will not tire of lamenting how we were shortchanged. Manila was the most devastated city of World War II, after Warsaw. Yet in Asia, the allies – whether propelled by guilt or due to the island’s strategic importance as a gateway or barricade to China – rebuilt Japan under the leadership of no less than General Douglas MacArthur.

Lessons of history. We won’t need a giant to march in, arms akimbo, to be our MacArthur in Marawi. But we need to be aware of the landmines both literal and figurative to sidestep. The bitter experience of the Yolanda reconstruction should serve as a cautionary tale. Tacloban and the affected Leyte municipalities are, sad to say, not in the good shape that we have been spending for.

Emergency relief is pouring in. Thus far, P2 billion combined from our own allies on top of the P50 billion as promised by our President. As the armed forces work to complete mopping up operations and, afterwards, begin damage assessment, we should now be looking at actual rehabilitation and reconstruction models.

Caught flatfooted. But there is no concrete plan yet as admitted by Mayor Majul Gandamra. The City and the ARMM were just as surprised as the AFP and equally unprepared to face the needs of rehabilitation and reconstruction.

Lets get to work. On top of the myriad, urgent logistical, cultural, social, medical, economic and engineering challenges, it is critical that we preserve the peace and prevent relapses of violence.

Patrimony blues. Speaking of preservation, Mining returns to the headlines as Mining Industry Coordination Council has recommended to the President the lifting of Sec. Gina Lopez’s open pit mining ban. Open pit mining leaves a livid scar on the face of the earth, one from which the environment hardly ever recovers. Worse, the way our island group is set up, explosives used for blasting inevitably hit underground water tables.

Our majestic mountains defaced, virgin forests violated and pristine water forms despoiled. Reparation? Zero. Payment for the minerals themselves? Nada. Who ends up cleaning up the mess? Not the miners.

All mine to give. In the scheme of things, we are not even primary beneficiaries of the critical use to which these extracted minerals are put, however loudly they shout that electronics and telecommunication industries drive their demand. The extracted raw materials are exported immediately. There is no stop over that would create a vibrant domestic mineral processing industry. Are the technology and gadgets that use our local minerals at least selling at a discount locally? You wish.

The President is on record as being against open pit mining. He is in the company of those from officialdom who understand that development needs to be sustainable that we may leave our children a viable living space.

To be redundant, again. The epic adventures of COMELEC Chairman Andy Bautista has unwittingly unmasked the inadequacy of our laws and jurisprudence in the matter of the resignation of our Constitutional officers.

Senator Panfilo Lacson asks whether an independent Constitutional official should even tender his resignation to the President. Former Solicitor General Florin Hilbay wonders whether treating the Chairman’s December 31 resignation as immediately effective is, in effect, an unconstitutional removal from office. These tentative views of our high officials tend to diminish the veneer of independence of the COMELEC.

They may appear to be academic questions rendered academic by the events of the week. But, in truth, they are crucial and, unless resolved, tend to burrow like termites into the foundations of our national beliefs on the independence of our institutions.

Rule recap. There is no law squarely applicable. So, we follow the general rule that you tender your resignation to the appointing power.

But should the general rule apply even to appointees outside the executive branch? Constitutional officials are not under the President’s supervision and control. He does not possess the power to discipline nor remove them. That power belongs to Congress. He doesn’t even appoint them by himself. He shares this power with the Commission on Appointments or the Judicial and Bar Council. And they are guaranteed fiscal autonomy in the Constitution.

This bifurcation is underscored in the recent action of the COMELEC en banc in designating an Acting Chairman, Commissioner Christian Lim, from among their ranks. During President Arroyo’s time, Chairman Benjamin Abalos, with all the ballyhoo about his resignation, did not even tender to Malacanang.

It is arguable that the President may have no authority to decide on whether or not to accept his resignation, much less to make it effective immediately. Chairman Bautista’s acquiescence in this is of no moment. In the end, as all, they will have to defer to the rule of law.