Saturday, August 26, 2006

"Constructive People's Initiative?"

I don't think the Supreme Court is dumb enough to reverse itself and approve the Arroyo's so called "People's Initiative" or the House version of "constituent assembly", and lose whatever little credibility it has left.

Even if most of the SC Justices na yan are now Arroyo appointees.

But you never know.

The Comelec has been barred by the high court from approving such a petition, owing to the fact that there is no enabling law to effect a people’s initiative. For the Comelec to accept Sigaw’s petition is to court not only its officials’ impeachment, but also a lawsuit.

But let us say that the Supreme Court (SC) does reverse itself on this issue while toeing Gloria’s line, how does the SC handle the other issue that the Sigaw petition carries with it, such as the fact that it is calling for a parliamentary shift of government, since this constitutes a revision of the Charter, and not just an amendment of the Constitution?

But to go around this, what Sigaw proposes is for the incumbent members of Congress to sit without being elected, as the first members of the unicameral parliament, thus abolishing the Senate permanently while making Gloria not only the sitting president but the prime minister to last her lifetime. Incidentally, the vice presidency will also be abolished, with Noli de Castro reduced to being just a member of parliament.

Gloria under a new charter, will of course be in full control of legislature and the executive department, since her so-called prime minister will merely be her assistant. All these “revisions” are, if Sigaw’s claims are accurate, will be left for Congress to do.

And here is where the Pangasinan Express comes in, with the House’s dubious “constituent assembly” where the incumbents sit to give Gloria and themselves the power and the glory, as stipulated by Gloria’s Abueva constitutional commission, which has ensured that Gloria is made president-prime minister for life; where the liberties of the people will be curbed — especially the freedom of the press, which has been modified to read “no law shall abridge the freedom of the responsible press.” For Sigaw, the end should come with the Comelec quickly rejecting its petition for a people’s initiative, that is if the Comelec hews to the rule of law, and the rulings of the high court. If not, there will definitely be a case lodged against it in the high court.

There may also be yet another case elevated to the SC if the House constitutes itself as a constituent assembly and vote for Charter change on a single house vote, since the Senate has already passed a resolution not to participate in such a move, unless the Senate votes separately on the issue.

Whatever the moves, all roads lead to the high court which path will take too long a time, unless of course, bowing to Gloria, this court will immediately tackle the issues and reverse itself, using yet another convoluted judgment, such as perhaps “constructive people’s initiative” or a “constructive changes through a single House vote.

UPDATE: More commentary from MLQ3, Fr. Joaquin Bernas, and William Esposo.

Money quote from Fr. Bernas:

In public fora, I have been asked how I think the current Supreme Court justices, almost all of whom are appointees of President Macapagal-Arroyo, would handle a petition for initiative and referendum. My usual answer is that I am convinced that the current justices know how they would like to be remembered by history.

They may be pro-Arroyo, but I don't think they will commit suicide and destroy what little credibility they have left.

And this PDI Editorial:

But surely a court that struck down key provisions of the CPR policy, EO 464 and PP 1017—and gave the Arroyo administration pointed reminders on democratic governance in the process—will also strike down the present “people’s initiative”? We have to admit that there still exists residual skepticism regarding this issue, but perhaps the administration strategy is not an outright win, but—and just like the first three landmark rulings—“only” a “win-win” decision.

That would allow the administration—fully aware of the Senate’s reluctance to go to war, totally cognizant of the Supreme Court’s slow, collegial decision-making—to proceed as planned.

And who isn't for a "win-win" decision from Arroyo's SC, diba? ;)

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