A day of mourning (EDSA 1)

ENQUIRY
DEMAREE J.B. RAVAL

A day of mourning
Sunday, 02 22, 2009

The wife of Mike Arroyo has reduced February 22 to insignificance: Today does not deserve to be a national holiday. It’s like declaring that Good Friday should be celebrated on a Monday, or that New Year’s Day falls on February 1.

Today is a national holiday that we should be celebrating, to commemorate its significance to our lives, to our posterity as a nation. To remember, to revisit, to savour once more that feeling of having triumphed over adversity, of having vanquished our collective forebodings and fears, of being worth dying for. We will have none of that today.

Twenty-three years ago today, we stood our ground to defy the juggernaut of a dictatorship; today, a dictator without equal runs roughshod over our lives. We vanquished a tyranny then; today, a tyrant is doing what needs to be done to vanquish us now. We thought, then, that corruption had gone; today, corruption proudly rears its ugly head and is even amply rewarded.

So, today, instead of celebrating, we are in a state of national mourning.

Let us mourn the death of our aspirations for a good government. EDSA in 1986 promised us a good government. We have none of that today. We do not even have a government.

Let us mourn the loss of our collective national pride in being able to proclaim before the world that we assembled a multitude and invented People Power in 1986. The remnants of that national pride are now mere bragging rights — that we started it first for others elsewhere in the world to imitate — and we have not been able to sustain that power. Today the Power has been snatched from the People, and all we have are persons in power lording it over the people.

Let us mourn the departure of decency from the government. In 1986 we had the likes of Cory Aquino whose decency as a governor was enough to make us follow her to hell and back had she wished it; 2009 has left us saddled with the wife of Mike Arroyo, whose government is rife with the gross indecency that has steadily led the country to the road of national shame and perdition.

Let us be sorry for the wave of apathy that has washed over and overwhelmed many of us, rendering us insensitive to and uncaring about the endemic corruption and the lack of governance around us.

In 1986 we poured out into EDSA to denounce a stolen election and the rapacity of those who govern us. Today we allow elections to be stolen from us, billions to be filched from the national treasury and stashed away by the corrupt in the government, because we have not raised our voices in righteous anger, much less whimper in helpless denunciation.

Let us be sorry for the lack of a national direction. In 1986 we were all euphoric about the dawning of a new day toward a good life under a good government; today the wife of Mike Arroyo leads us to whatever direction that shall conveniently perpetuate her in power, while her minions, inspired by her example, feverishly make hay for themselves in preparation for the day that their glorious sun will no longer shine.

Let us be sorry for the vestigial propensity to please the colonial master we threw out in the not so distant past. The euphoria of 1986 gave us the courage to move on without hanging on to the coattails of a colonizer; today an obsequious governor’s obsession to ingratiate herself with the ever meddlesome master has resulted in the abdication of our sovereignty to that same colonizer. We cannot even jail one corporal, a native of that colonizer, who abused a woman right in our shores.

What have we to brag about 23 years after EDSA? Nothing, unless you throw in the reality that the wife of Mike Arroyo likes to brag about an Enchanted Kingdom.

An Enchanted Kingdom where corruption is tolerated. How many corruption scandals, with the fingerprints of her husband all over them, have visited her government? Has there been any conviction? Or even indictment?

An Enchanted Kingdom where inaction is tolerated. Agrarian reform was promised early on in 1986. Over the nine years she has been in power, the wife of Mike Arroyo slowly presided over the death of the agrarian reform program. Today the promised lands have remained just that: Promised lands.

An Enchanted Kingdom where abuse of power is tolerated. Where minions can set up their respective fiefdoms and engage in their preferred variety of plunder and corruption at a regularity and intensity rivalling those of the scandals identified with her husband. Where the Constitution is no longer sacrosanct, because it could be amended by mere executive order or presidential proclamation by the wife of Mike Arroyo.

EDSA was expected to be the epiphany of those who must exercise power over us. Indeed, it was, at the start. But many of those who were there at EDSA, or those who now simply mouth that they had their epiphany at EDSA, including the wife of Mike Arroyo, have undergone a second epiphany — for the worse.

At a commemoration of EDSA in the recent past, we rued the lack of verve on the part of the government to pursue the goals of EDSA, and yet clung to the hope that the wife of Mike Arroyo would undergo some enlightenment and, somehow, have faith in the Filipino’s dogged determination to make something of EDSA, no matter how belated. Alas, the wife of Mike Arroyo has chosen to be blind, deaf and mute.

And so we are stuck in the mud with the wife of Mike Arroyo on this otherwise glorious day in our history. We feel sorry for ourselves. And we mourn the death of EDSA.



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Chasing Obama

ENQUIRY
DEMAREE J.B. RAVAL

Chasing Obama
Sunday, 02 15, 2009

The never-ending quest of President Gloria Arroyo to have that opportunity to be seen or photographed with or, better still, to talk with US President Barack Hussein Obama is best described as contemptible, loathsome, detestable, reprehensible, abhorrent, odious, vile, abject, shameful, ignominious, shabby, ignoble, disreputable, discreditable, unworthy, and downright lowdown.

Like a fawning teenage fan of a rock star, Arroyo had no qualms about spending our hard-earned American dollars flying halfway round the world in time for breakfast in Washington DC, hoping against hope for a photo-op with Obama. Well, she came back to our shores in time for dinner, without getting even a “hi” or a “hello.” As Leina de Legazpi would say, “ni hay, ni hoy.” And Arroyo got the humiliation she deserves, her apologists’ praise releases notwithstanding for that photo with Secretary of State Hillary Clinton.

That’s the rebuff one gets when one tries too much.

A Filipino who did not try too much was luckier: Mike Pilares Cruz, the 18-year-old student from University of Sto. Tomas who was chosen by Reedley International School to attend the inauguration of Obama as the 44th president of the United States of America, shared with us at the Kapihan sa Sulo his personal encounter with Obama. Here are excerpts from his Statement about that wonderful experience: “I started walking to the National Mall from my hotel at around 8 a.m. on Jan. 20, 2009, to witness the swearing in of the 44th US president. All roads leading to the site were closed to traffic for security reasons. I had to walk 12 blocks from 11th street to the 23rd to be able to enter the vicinity of National Mall. Flocks of people from all directions headed for the site. It was very cold and the sun was just on its way up. The temperature was about 18 degrees Fahrenheit but because of the winds, it felt around 10 degrees. Good thing, I was all wrapped up with my overcoat, muffler… on top of the layers of clothes I was wearing under.

“I situated myself about 300 to 400 meters away from the main platform or inaugural stage. I and the other UPIC inaugural scholars got separated because of the huge number of people assembled for this event.

“I was overwhelmed by the sheer number of people who gathered at the National Mall from practically all walks of life, I guess. Blacks, whites, Asians (I saw some Filipinos, too) and all others were chanting jubilantly and waving the American flag, patiently awaiting for President Obama and Vice-President Biden to take their oaths of office and to hear President Obama’s inaugural address. People were grouped together probably also to keep each other warm from the cold.

“I never imagined I would be able to be part of a historical event like this. Not in my wildest dreams did I see myself among the throngs of people, I figure millions, present here.

“When they introduced Obama as the new President of the United States of America, the atmosphere instantly became euphoric. People around me were in tears or on the brink of tears. I felt quite emotional too. As a citizen of the world, I felt like he was also my President.

“While he was taking his oath, I noticed that he was not able to repeat what the Chief Justice had said, probably he was also overwhelmed by the fact that he is the core of the event. But on the lighter side, like anyone of us, he is just human. (It was the Chief Justice who flubbed the oath. –DJBR)

“President Obama has always been an eloquent speaker and his inaugural speech was nothing short of being remarkable. He delivered it with firm conviction. I think it was powerful and inspirational not only for Americans but for all peoples around the world. It seemed he was there standing right in front of you and felt like he talking to you as a friend.

“I was pleased that he made special mention in his speech about helping poor nations. Although he did not give specifics on how his administration would extend this assistance, I sensed sincerity in his words.

“Everyone left with a sense of hope and faith for the future.

“I’m back to the usual routine in school but this experience motivated me to test my leadership potential. Even though I’m still a freshmen and a little inexperienced, I’ve decided to run as assistant treasurer in our college’s student council. Hopefully, I would be given the chance to serve. My teachers and classmates have high expectations of me and for this I will strive harder to give my best to everything I do but remain grounded and modest.

“I thank God The Almighty for this rare chance. Also my parents and family for their full, untiring support and my mentors at Reedley International School for opening the doors of opportunity for me.

“I feel very fortunate and blessed that I have been given this once-in-a-lifetime opportunity. This part of history will definitely never repeat itself and I’m proud to say I was part of it!”

Mike was too modest to include in his Statement how he felt being with a group of young leaders communing with the most powerful man in the world, or how much luckier he is than a great many Filipinos, including Arroyo, to have received that warm handshake and toothy grin from The Man.

Arroyo should learn a little from (this other) Mike: Humility wins; it does not pay to be too forceful about one’s intentions.

News item: President Gloria Arroyo’s last foreign trip, which took her to Switzerland, Italy, Saudi Arabia, Bahrain, and the United States over eight days, cost taxpayers P123 million, Executive Secretary Eduardo Ermita said.

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Elias Yusoph: Garcillano deja vu

ENQUIRY
DEMAREE J.B. RAVAL

Elias Yusoph: Garcillano deja vu
Sunday, 02 08, 2009

The question as to whether or not Marawi City prosecutor Elias Yusoph may now assume his post as elections commissioner brings to mind the curious case of former commissioner Virgilio Garcillano. I wrote about the case of Garcillano in this column on February 29, 2004, and the arguments I cited then in reference to Garcillano apply with equal force now to the case of Yusoph: that nominees to the Commission on Elections (Comelec) issued ad interim appointments cannot take their seats unless and until they are confirmed by the Commission on Appointments (CA).

This requirement – consent by the CA before an elections commissioner can start to work - is not without reason.

An ad interim appointment is, by its very nature, a temporary appointment. An elections commissioner with a temporary appointment would naturally be expected to suck up to the appointing authority, in exchange for a permanent appointment or his continued re-appointment. We have seen such servility and obsequiousness in Garcillano, who had taken his seat in the Comelec without the consent of the CA. In the disqualification case against Fernando Poe, Jr. before the Supreme Court, he filed his position paper post-haste, even before he was supposed to, thereby exposing his servility to the appointing authority upon whom his subsequent permanent appointment depended. He had no security of tenure at that time; ergo, he was expected to toe whatever line drawn for him by the appointing authority. During the oral arguments at the Supreme Court, a member of the court even castigated Garcillano for his precipitate and unsolicited act of taking a stand contrary to the institutional stand of the Comelec on a 5-0 vote that upheld the qualification of FPJ to stand for election as president. This dog-eared eagerness of Garcillano should have already rung alarm bells

The Constitution is very clear: In no case shall any member of the Comelec be appointed in a temporary or acting capacity. In other words, the three-step serial process of nomination-consent-appointment must be strictly observed. But what do we have here – a rerun? President Gloria Arroyo, in her accustomed arrogance that she could reprise the maneuver she did for Garcillano on February 7, 2004, did the same to Yusoph on January 12, 2009. Now Yusoph is raring to take his seat in the Comelec. Thankfully, Chairman Jose Melo and the rest of the commissioners are opposed to Yusoph’s assumption, albeit for a reason different from my invocation of Article IX(C), Section 1(2) of the Constitution.

Borrowing the words of the Supreme Court in Matibag vs. Benipayo (380 SCRA 149; 2002), the issuance of the appointment of Yusoph and the latter’s insistence to take his seat “renders inutile the confirming power of the CA.”

While it is true, as general rule, that the Constitution grants the President the power to make ad interim appointments that do not require consent from the CA for their validity and effectivity, this should never be made applicable to the explicit provision regarding appointments to the Comelec. It is well-settled that should there be any conflict arising between general provisions and special provisions of a law or the Constitution, the special provisions should prevail.

The Constitution categorically states that the appointment of the commissioners of the Comelec must be with the consent of the CA. Ad interim appointments – which are effective immediately without the consent of the CA, and they will in fact lapse if no such consent is obtained by the next adjournment of the CA - do not satisfy the requirement of the Constitution in regard to appointments to the Comelec. Why is Malacaňang so dense as to disregard this simple and basic requirement of consent (confirmation) by the CA before the appointment of Yusoph, or any elections commissioner for that matter, can become effective?

Five years ago we expressed our alarm in regard to Garcillano’s assumption to office on the basis of his ad interim appointment. We warned then – given Garcillano’s reputation - that to allow him to sit at the Comelec without going through the crucible of the CA is to let him wreak havoc on the electoral process. We were proven right in this, most unfortunately.

Now, there are talks about Yusoph’s closeness to Garcillano, who, not surprisingly, is reported to have generously put in his strong and indispensable recommendation for the appointment. We all hope that Yusoph is not on an error-filled mission like his patron.

In 2004, soon after Garcillano was extended an ad interim appointment, a group of young lawyers calling themselves Pro-Con(stitution) hurried to the Supreme Court to contest Garcillano’s appointment. They wanted to stop him from taking his seat at the Comelec, precisely invoking Article IX(C) , Section 1(2) of the Constitution. Unfortunately, the Supreme Court did not act on the petition and, as they say, the rest is sordid history. Garcillano did go on to take on his error-filled mission for the appointing authority.

Imagine if you will: Had the Supreme Court prohibited Garcillano from taking his seat, we would be much better off now under a different leadership. Had Garcillano been made to go through the gauntlet of the CA, we would not have to go through that very unfortunate and despicable chapter in our electoral history.

A familiar line comes to mind and is worth rephrasing: Those who do not remember the mistakes of the past are forever doomed to repeat them.

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