Military trumps civilian supremacy

Matagal na nating alam na takot si Arroyo sa militar. Now, obvious na obvious na talaga.

Now we know with absolute certainty.

The constitutional injunction of civilian authority being supreme over the military at all times is a myth, just as Gloria Arroyo's claim of her government adhering to the rule of law, is.

That these are myths in Philippine society has been proved once again in the case of the arrest orders issued by the Sandiganbayan and served on accused Maj. Gen. Carlos Garcia, who is under military custody, with the Armed Forces of the Philippines (AFP) top general ordering his subalterns not to release Garcia to the civilian court.

And what does the anti-graft court say to this blatant breach of the constitutional principle on civilian supremacy?

It does not defend that authority with which the Constitution vested the courts. Instead, the court fortifies military supremacy, saying there is no tug of war between the Sandiganbayan and the AFP, because, as the sheriff reasoned, it is better for the military to take custody of Garcia, since he is under military arrest and cannot therefore, avail himself of bail, which the accused could obtain, under a civilian court that has charged him with perjury.

This line was earlier enunciated by Gloria Arroyo, President and Commander-in-Chief, when she told reporters she wanted a court martial for Garcia because this way, he would be denied his right to bail.

If such is the logic, why lodge a case against the general in a civilian court and subject him simultaneously to a court martial?

Of what use then is the constitutional principle vesting every accused his right to bail, if this right is intentionally being trampled on by the highest civilian authority, to ensure the accused is denied his freedom?

But even the courts, which is a civilian authority, refuses to fight to uphold this constitutional principle of civilian supremacy. The Sandiganbayan, after its arrest order was rebuffed by the military brass, had issued two more arrest warrants against Garcia, knowing the futility of these warrants of arrest being enforced, reducing the court to saying it is better this way, since there is no conflict. But what do the law and the Constitution say? Does it say whenever it is convenient to both parties, the constitutional principle can be disregarded?

No conflict when it is evident that civilian supremacy is deliberately being eroded by the military's refusal to bow to civilian rule?

And there went the AFP top brass, announcing two options in the case of Garcia, one of which would be the option of sending him to the same detention cell where the Magdalo leaders are being incarcerated, once he retires, or the option of Garcia being surrendered by the military to the custody of the civilian court.

It is, any which way it is cut, the military deciding on whether to keep Garcia in military detention, or giving him up to the Sandiganbayan, where he can post bail. It is not the civilian authority that will make that decision, but the military authority. And yet the Gloria government continues to claim that civilian authority reigns supreme under her stewardship? And she claims the rule of law is being followed, with yet another presidential claim that the courts are independent, even when it is proven, time and again, that the courts, including the Supreme Court, are under her thumb and subserviently bow to her whims and caprices in matters of law and the Constitution.

An equal danger to democracy and the rule of law, as well as civilian supremacy is the apparent collusion between the civilian authorities and the military in raping the law and the Constitution by allowing those whom they wish to protect to walk.

The Garcia case is pure zarzuela, with Gloria, the AFP, the courts and the concerned government agencies acting their parts out, to provide the public with a performance intended to create the illusion that the accused is not beyond the pale of the law, even when he, in reality, is being protected from the law.

Garcia is ordered restricted to quarters, which is no different from a house arrest, by the AFP brass. He is being subjected to a military trial, on not too serious offenses of the Articles of War. The Ombudsman sits on the Garcia case, and finally slaps him, not with plunder, which allows no bail, but perjury. The Anti-Money Laundering Council slaps an order to freeze Garcia's assets, only after he has been given all the time and opportunity to clean out his bank accounts, which held tens of millions. The Ombudsman and the Sandiganbayan slap Garcia with a forfeiture order when there is no longer anything to forfeit. And the Immigration bureau places the Garcia family members on a hold order list, but only after the wife and sons are safely in the United States.

Sure, there will be held a court martial. Sure, there will be a weak case of perjury against Garcia in the Sandiganbayan, and as sure as hell, Garcia will, when the time comes, be surrendered by the military to the Sandiganbayan, to enable him to post bail.

And sure, he will walk, not because he will have proved his innocence, but because the top brass and Gloria Arroyo will make sure he walks, for him not to bring the house down.

It is a mockery of the law and a mockery of the constitutional provision that states clearly the civilian authority being supreme to the military at all times.

It is really getting disgusting na, this zarzuela.