Analysis 104: That Government should be of Laws rather than of (wo)man

Amidst the constitutional crisis that stems from the refusal of DOJ Secretary Leila De Lima of the TRO issued by the Supreme Court and barred the travel of former President, now Congresswoman Gloria Macagapal-Arroyo and the former FG, I have been enlightened by the creed I memorized by heart as a Jaycee.

All my life, I was made to believe to respect persons of authority, the police, the military and the courts, where the pains and bloods of the founders of this Republic was forever itched and engraved for posterity and for my time to reap its rewards. As this battle raises more questions than answers, my thoughts go back to the creed every Jaycee memorizes by heart and that “government should be of laws rather than of man”.

Every sensible and responsible citizen abhors violence by instituting a rule of law, one that is dispense with caution and with high respects to the bible of the republic, the 1987 Philippine Constitution. In my years as an academician, I have had encountered so many times passages of the constitution that upholds civil liberties, freedom and our inherent constitutional right which government should, utmost protect and uphold.

Even in the oath of office of the President of the Republic, he/she is duty bound to protect, not persons but rather, the constitution for it symbolizes the cornerstone of republicanism and rule of law, one that places highest importance on the freedom and liberties set forth as an accomplishment of those who fought so hard to gain it for us.

Darkest hours have come

Republican ideals of freedom has been attacked more so blatantly by the Justice Secretary, believed to be the dispenser of justice in the Executive branch. As I had said, this is not anymore about former President Gloria Macapagal-Arroyo but rather this pertains to our constitutional right and civil liberties.

Since Marcos’ Martial Law years, no one has stand higher and above the Supreme Court with so much arrogance than what we saw in the acts of Secretary De Lima. She portrayed an aura far away from her being a champion of human rights, which her humble beginnings would sufficiently support. Her staunch support for and being a Champion of Human Rights in the country has earned her the respect of her peers and thus Gloria Macapagal-Arroyo appointed her to the Commission on Human Rights.

Since the crafting of the 1987 Philippine Constitution, never have I seen such a direct defiance to the ruling of the Supreme Court than this acts of Secretary De Lima. Her staunch insistence on her own interpretation of events, whether for her department’s good, her image or that of the Republic must be tempered by which she, as a lawyer upholds when she entered the bar.

As a non-lawyer, I have high respects for which the Supreme Court held its decision in supremely and God-like infallibility for the very reason that they are the keepers of the Constitution, mandated and sworn to uphold its sacredness against potential abuses by both the Executive and the Legislative. Similarly, like an Oracle, in the Supreme Court’s mandate rest the questions of constitutionality and those affronts to freedom and civil liberties. By that, they are made to do task that DO NOT protect persons but rights, sustains nobody but liberties enshrined in the Constitution.

Dangerous times

The acts of the Justice Secretary, can be a justification enough for possible future offer of asylum for the former president on the grounds of political persecution. What happened in NAIA has captured the hearts and minds, not only of the Filipinos but of the international community. World leaders sympathetic to her plight will forever embrace her and even if she is despised in the country, let us all admit that PGMA is still well-respected in the international community.

Here is a scenario that the Arroyo couple have followed the law, obtained a TRO from no less than the Supreme Court and was barred to travel in spite her precarious health and physical condition. The images bombarded by newspapers and on-line magazines and newspapers never showed a beauteous and powerful Gloria Macapagal-Arroyo but rather, what has been shown is a rugged, neck-braced former president, obviously sick and in need of medical attention. The public relations aspect of the NAIA incident is a plus not to the government but to the Arroyos.

The political persecution is one that is ripe for asylum and in international law, any country sympathetic to her plight, in honouring freedom and civil liberties can invite her to seek asylum even without an application made on her part.

More Dangerous times

When the Republic is embroiled in a constitutional crisis, then military adventurism is never far away. Remember that this government never hide its distrust of the both the military establishment and the Church. Issues hounding the generals still are fresh and wounds not healed totally and their embarrassments are not yet receding to its lowest and calm levels. One triggering event can lead to a junta-led coup or revolution in the name of upholding the Constitution, one which every soldier is sworn to protect and uphold.

In the case of the Church, it is to be understood that this government is never diplomatic in its treatment of the Bishops and the church in the name of the RH Bill.

This incidence might be use as a triggering point of the unfolding of events that could lead to further disaster politically and governmentally. Ergo, let us tread with caution and care, in fact, one must be vigilant of potential coups as rumours are milling around already.

Respecting the Courts

One of the reasons I wrote this analysis is to give credit to where the courts are mandated and why they are created, by which the Supreme Court lies supreme and infallible.

As an ordinary blogger who dreams of a stronger Republic, I dislike the acts of the Justice Secretary. It is for this reason that as a Jaycee, I remind myself that “Government should be of laws rather than of (wo) man! If we attack the Supreme Court without fear or with no reservations and get away with it, who else will respect the courts? Who else will ever respect the highest institution enshrined by the constitution to uphold our basic and fundamental human rights? Certainly, not Leila de Lima!

Service to Humanity is the best work of life

There has to be courtesy and sobriety amidst this open-warfare between the Secretary of Justice and the Supreme Court. The least one can do is to reflect on what this instant case affect us, ordinary people in this republic. We are forever silenced by our own misinterpretation and emotionally-charged perspectives but let us open our eyes more and look beyond what we can do to help this republic remains strong.

If only service to humanity is deemed the best work of life and living, then perhaps instances of this proportion will never occur. It is under this premises that government should uphold the very foundations of democracy and freedom, one that is hard-won by our heroes, even those unsung ones.

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Categories: Issues and Perspectives | Tags: , , , , , , , , , , | 6 Comments

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6 thoughts on “Analysis 104: That Government should be of Laws rather than of (wo)man

  1. secret

    I think de lima’s decision to stop GMA for leaving the country was right. First, the TRO was serve during non office hours. De Lima did not receive a copy also of TRO and she has the right to file a motion of reconsideration. After filing the MOR, SC must answer the MOR after 15 days. If the SC said NO to the MOR, I think that is the time that GMA can leave the country.

    I feel sorry for GMA but i don’t see any reason why she need to leave the country. Doctors here are capable to treat her sickness. I don’t understand also why they are so eager to leave. I think they are afraid that de lima might file an MOR.

    GMA did great during her term. Let see hmmmmn!!

    1. NBN ZTE Scandal
    2. Millions of bribe money to Congressmen and Governors (October 2007)
    3. Cheating in 2004 Elections (Hello Garci)
    4. Joc Joc Bolante Case (Fertilizer Scam, P728 Million)
    5. Jose Pidal Bank Account (Unexplained Wealth, P200 Million)
    6. Nani Perez Power Plant Deal ($2 Million)
    7. Use of Road User’s Tax for Campaigning
    8. Billion Peso Macapagal Boulevard (Overprice of P532 Million)
    9. Juetengate? (Illegal Numbers game kickbacks)
    10. Extra Judicial Killings
    11. Arroyo Moneys in Germany (Exposed by Senator Cayetano)
    12. General Garcia and Other Military Men
    13. Billion Peso Poll Automation contract to(Mega Pacific) (P1.3 Billion)
    14. Northrail Project($503 Million)
    15. Maguindanao Results of 2007 Elections (Zubiri, Bedol)
    16. NAIA-3
    17. Venable Contract (Norberto Gonzales)
    18. Swine Scam (Exposed by? Atty. Harry Roque
    19. GLORIA Arroyo son hidden assets in united states
    20.EURO GENERAL’S
    21.CALAMITY FUND SCANDAL.
    22.the C-5 road controversy — Senator Manuel Villar
    23.P550-million worth of funds from the Overseas Workers’ Welfare
    Administration (OWWA).
    24 P780-million LWUA funds-Prospero Pichay
    25 Bishop’s SUV-Gloria Birthday gift
    26 Arroyo linked in P325M lotto intelligence fund
    27 Arroyo got P200M in kickbacks from govt projects-Zaldy Ampatuan
    28.P200.41 billion or $4.6 billion in Malampaya royalties from 2002 to
    May this year.
    29.LACSON ACCUSED FG MIKE ARROYO OF SELLING 3 REFURBISHED HELICOPTERS
    TO PNP AT P105 MILLION EACH
    30. 600, 000 metric tons of Rotten rice imported from India.Kishore
    Hemlani, an Indian trader allegedly close to Arroyo, reportedly bagged
    the P9.5 billion contract for the rice importation.
    31.Dato Arroyo wife bought the condo unit for $570, 000,
    70-square-meter one-bedroom, one-bathroom unit (Unit No. 533) at the
    luxury high-rise, full-service Gramercy Towers located at 1177
    California St. in upscale downtown San Francisco.
    31.- P50-million bribe to FG for the president’s veto of two franchise bills
    32.The additional funding led to a 41-percent spike in advertising
    expenses, from P76.129 million in 2008 to P107.420 million in 2009,
    which went mostly to ads for Arroyo’s achievements.
    33.The report said the PIA received from the Department of Budget and
    Management a notice of cash allocations amounting to P344.789 million,
    even though only P222.488 million was appropriated for it under the
    national budget.
    34.- Denial of pork barrel funds to Malacanang’s political enemies
    35.- Praises for Jovito Palparan, alleged mastermind of extra judicial
    killings of militants
    36.- Removal of govt bodyguards for former pres and Arroyo critic, Cory Aquino
    37.- Appointment of manicurist as a member of the board of Pag-Ibig
    38.- Appointment of gardener as deputy of the Luneta Park Administration.
    39.- Midnight appointment of an Arroyo, RENATO CORONA, as SC Chief Justice
    – 200+ other illegal midnight appointments….ANG DAMI DI BA???hehehehe….

    Im a JCI member also…

  2. secret also

    secret, why hide your identity?
    The Arroyo’s may be corrupt (if all rumors are true), but that is not the point here. It’s about respecting the rule of law.

    • I agree with you po entirely. Isa-isahin natin. Dati, it was about it, now, after what the DOJ Secretary has been showing to us, it is about her hubris against the Supreme Court that made this worse. I wrote this not to malign her but to share my thoughts on what has been going on using my involvement with the JCI and my creed.

      It is just unfortunate that people nowadays have no respect for the rule of law, the courts, the police and the military, institutions that are tasked to make this republic strong. Kung ganito na lang ba naman, siguro it is about time that we reflect whether staying the country we called our birthplace be more reasonable or bringing our birthright to other shores and land be more at peace and heroic.

  3. tracy

    Lets no talk about law because law in our country is way far from being true. Lets just talk about the devilish thing she did to the people of this country especially her selfishness in matters of Spatlys Islands. All this chaos are all because of government’s selfishness. Drama lang nya yan. Im very much believed that arroyo family knew how to twist the “law”. baka pag di oobra yang braces on her neck, she’ll pretend to be “BUANG” na pra excempted sa prosecution ng “LAW”. madaming butas ang law everyone knows that.

  4. secret

    Kung due process ang pag uusapan.. dapat na receive ni de lima ang TRO…effective dapat ang TRO kung na receive na ni de lima dapat yung copy. Ang problema …fault ba ng doj yun o ng SC….bakit maglalabas ng TRO nga 5 pm ..mabilisan and suddenly atat na atat umalis ang group ni GMA. Di ba reasonable na sana nagserve sila ng TRO kinabukasan at inantay nila mag submit ng Motion of Reconsideration…after 15 days kung nag say ng NO ang SC…that is the time na makaka alis si gloria…. By the way ang watch list order at yung Hold departure order system ay nang start sa term ni GMA….

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