It doesn’t Feel Right

I was in my early 20s when Martial Law was declared in 1971 by President Ferdinand E. Marcos. Because of excessive human rights violations, corruption in government and in the military, the rise of several monopolies linked to the Marcos family, and assault on many democratic structures by the Marcos dictatorial regime, many Filipinos couldn’t take it anymore.

Fed up with the Marcos government, many young people from various sectors of society became activists and fought the government tooth and nail. Others joined the armed resistance led by the New People’s Army (NPA) and made the ultimate sacrifice for their country. Their names are now etched in Bantayog ng mga Bayani (Monument of Heroes) as heroes and martyrs.

My wife and I were radicalized by the Marcos’ oppressive regime and joined the nationalist and democratic struggle. Like many of the activists then, we dreamed of a free, just and progressive Philippines once the Marcos dictatorship was toppled. There would be social justice, economic equality, less human rights violations, and a government that is pro-people and prioritizes the elimination of corruption in all levels of government.

But forty years since the dictator Marcos and his family were driven out of Malacanang through a series of popular demonstrations in February of 1986, also known as the EDSA Revolution, something doesn’t feel right in today’s Philippine society.

We have currently a vice president who has been impeached by the House of Representatives for culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes. Yet, the senator-judges who are mandated by the Constitution to “try and decide” the case “forthwith” appear to have their own political agenda.

Led by Senate President Francis Escudero, the Senate has ignored the Constitution to conduct the trial “forthwith” (as written in the 1987 Constitution, meaning immediately or as soon as possible), by dilly-dallying and coming up with all sorts of justifications and excuses, ranging from procedural debates to interpreting the meaning of “forthwith,” and to entertaining the possibility of dismissing the case against the vice president.

Escudero said that the Senate as an impeachment court can dismiss the case against the vice president if a motion is made – which many constitutional scholars claim to violate the Constitution – and is passed by a simple majority or 13 votes.

Congresswoman-elect and former Department of Justice Secretary Leila de Lima did not mince words when she reacted to Escudero’s position: “Chiz has his own Constitution.”

Fr. Ranhilio Aquino, Dean of San Beda Graduate School of Law, described Escudero’s stance “irregular, immoral and unconstitutional.”

Why Escudero is asserting authority that he does not have is rare for a person in leadership unless he has a sinister plan that can only be achieved by acting in an authoritarian way.

As a non-lawyer with a common sense, I see Escudero’s position without merit and a hint that he had already made up his mind how the impeachment complaint against the vice president should proceed, while making damn sure that he can get away with it.

If unchecked, such an arrogant attitude of Escudero will lead to an inevitable constitutional crisis. The growing uncertainty about the impeachment of the vice president is already causing majority of Filipinos to be antsy and agitated; others like me are already angry.

What a f...! I am reminded of what the late Vice President Emmanuel Pelaez said in 1982 when he was ambushed by two carloads of armed men. According to reports, before he was brought to the surgery room at St. Luke’s Medical Center, he asked Brig. Gen. Tomas Karingal, “What is happening to our country, General?” referring to the deterioration of the rule of law during that time.

A similar question is on the minds of many Filipinos today, referring to the impeachment case against the vice president which, from all indications, appear to be in limbo.

What indeed is happening to our senator-judges?

Our “honorable” senators were elected by the people to protect and serve their constituents, yet, for reasons only known to them, they appear lacking in enthusiasm to give the vice president the opportunity to defend herself in an impeachment court. In fact, they want to further delay the trial when it is already delayed by more than four months.

I have a sneaking suspicion that there’s a cabal of pro-Duterte senator-judges led by the troika of Bato de la Rosa, Bong Go and Robinhood Padilla who want to protect the vice president hook, line and sinker. These three clowns and other like-minded fellow senator-judges will continue to support the vice president no matter how convincing the pieces of evidence convicting the vice president. Sad to say, when God explained the meaning of the phrase “rule of law” to humanity, these individuals were nowhere to be found.

I hope the remaining senator-judges realize the seriousness of the job that the Constitution wants them to do, which is to try, evaluate the evidence, and acquit or convict the vice president, nothing more, nothing less. In the end, they are answerable to no one except to the people who expect them to follow and respect the Constitution and the rule of law.