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Opinion

DU-30 wins a crucial legal victory at the SC!

SHOOTING STRAIGHT - Bobit S. Avila - The Freeman

The Supreme Court voting 10-5 dismissed the four consolidated petitions that there was no need for an extension of Martial Law in Mindanao, therefore affirming the decision by Pres. Rodrigo "Digong" Duterte for a continued Martial Law in Mindanao. The majority who affirmed the Duterte declaration are Associate Justices Presbitero J. Velasco Jr., Teresita J. Leonardo-De Castro, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. Del Castillo, Estela M. Perlas-Bernabe, Samuel R. Martires, Andres B. Reyes Jr., and Alexander G. Gesmudo.

While the five dissenting magistrates are Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio T. Carpio, Associate Justices Marvic Leonen, Francis Jardeleza and Alfredo Benjamin Caguioa. Just in case certain quarters still do not know … the Supreme Court is not composed of appointees of Pres. Duterte … which should give people an idea that Pres. Duterte is not running a dictatorship as many students, especially in the University of the Philippines (UP) wrongly believe.

As we pointed out, there were four consolidated petitions. The first petition was filed on Dec. 27, 2017, by the minority bloc from Congress led by Albay Representative Edcel Lagman together with Reps. Tomasito Villarin, Edgar Erice, Teddy Brawner Baguilat Jr., Gary Alejano and Emmanuel Billones. The second petition was filed on Jan. 8, 2018 by the National Union of Peoples' Lawyers (NUPL) and party-list congressmen Carlos Zarate (Bayan Muna), Emmie De Jesus (Gabriela), Arlene Brosas (Gabriela), Ariel Casilao (Anakpawis), Antonio Tinio (ACT Teachers), and Sarah Elago (Kabataan).

Finally, the third petition was filed by former Human Rights Commission head Loretta Ann "Etta" Rosales, while the fourth petition was filed by a group led by former Commission on Elections chairman Christian Monsod. What do we see from these petitioners? One group belongs to the Yellow Cult of the Aquinos, as many of them are Aquino loyalists. The other groups belong to leftist above ground organizations who fight the legal battles for the Communist Party of the Philippines (CPP) and its allied front. So in the end, this legal battle waged in the Supreme Court (SC) is a victory of President Duterte who continues to fight the armed elements within Mindanao.

***

I read that Mayor Tomas Osmeña deferred the implementation or should I say the enforcement of the "Curfew Ordinance" because of lack of facilities to shelter rescued minors. This should give you an idea that the Cebu City Council comes up with ordinances that cannot be enforced due to lack of facilities. So I suggest that the Cebu City Council either come up with a solution on the lack of facilities and build these facilities or scrap the ordinance as it cannot be implemented in the first place.

When you talk about a serious lack of facilities, this reminds me that the Philippines is a nation that is visited at least 10 times a year with typhoons or serious weather disturbances. Yet when we need evacuation facilities, usually the public schools are being used and, in the end, the grade or high school students in public schools are the biggest loser because the government simply cannot build those much-needed facilities.

After super typhoon "Yolanda" (international code name Haiyan) struck Central Visayas and caught the Aquino regime literally with their pants down, I made a suggestion for each congressmen of every congressional district to construct emergency and evacuation facilities where stocks, like food, water and supplies can be stored, power saw or generators can be put on standby, and emergency facilities can be prepared to be used in their district. But so far, even three years after Yolanda, no one made such preparations. At this point, we can only hope that our Congress men and women would prepare their districts for typhoons, storms or disasters.

Meanwhile, back to the Curfew Ordinance, when I wrote in support of that law, I also asked Mayor Osmeña to create a Task Force to help implement the Anti-Noise Law that is violated by many who really disturb our sleep. Such things could never happen in the US because when a house turns his stereo to loud decibels you can be sure that a Police Patrol car would immediately go there and stop the noisy people from disturbing the rest of the neighborhood. But not in the Philippines.

***

For email responses to this article, write to [email protected]. His columns can be accessed through www.philstar.com.

 

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