Espinoza: Rama outsmarted Tomas

Wednesday, November 30, 2011

THREE three branches of government---the executive, legislative, and the judiciary –under the tenets of democracy are independent of each other. This simply means that one branch cannot dictate on the other. Ideally, they maintain and observe respect for each other.

Accusing President Noynoy Aquino of humiliating former president and now Pampanga Rep. Gloria M. Arroyo, who is facing electoral sabotage charges before the Pasig City regional trial court, by incarcerating her is misplaced.

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The President cannot dictate on the judiciary on what to do with the case filed against Arroyo. An attempt by the executive department to influence the court or judge in its decision on the case is an impeachable offense.

As the legal maxim goes, “dura lex sed lex” (the law is harsh, but it’s still the law). The former president should face the charges against her. It’s even a grave error if the court decides to place Arroyo under house arrest. There is nothing in the Rules of Court that says that an accused can be jailed in the comfort of his/her home.

The uncalled-for comments of Sens. Miriam Santiago and Gringo Honasan that jailing Arroyo in a police station could cause international backlash only muddled the issues and it can be misconstrued as an attempt on their part to influence the court.

Since the charges are now with the Pasig City regional trial court, the legislative and the executive departments should leave the issue to the court in accordance with the tenets of independence. They should stop issuing statements that would preempt the ruling of the court.

Arroyo, who is facing an electoral sabotage case, is just like any other accused. She cannot anymore assert presidential privilege and dictate on the court where she should be detained pending the trial of her case.

In contrast, if the court decides to incarcerate Arroyo while the charge of electoral sabotage is being tried, the judiciary, in particular, and our country, in general, it will be regarded highly by the international community as a fulfillment of justice and equality.

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It was a master’s stroke for Cebu City Mayor Mike Rama, chairman of the Regional Development Council (RDC) 7, to raise his concern against the construction of the controversial flyovers in Cebu City in the RDC full council meeting without going through a boring debate.

Rama inserted the report of the Technical Working Group (TWG) into his opening speech at the RDC meeting in Tagbilaran City, Bohol. The activity was attended by Rep. Tomas Osmeña and former congressman Raul del Mar, father of Rep. Cutie del Mar, proponent of the two flyovers project.

The mayor then enumerated the findings of the TWG, which stated that flyovers are not among the recommended traffic solutions in previous transportation studies. The flyovers will be constructed in the corner of M. J. Cuenco and Gorordo avenues and the intersection of Archbishop Reyes and Gorordo avenues at a cost of P600 million.

TWG’s report also stated that there was no complete traffic problem analysis, the proposed flyover projects are proponent-driven, the social dimensions of such structures were not considered, and that it has no reference to a land use plan.

Rama’s move surprised Congressman Tomas and del Mar. The RDC chairman somehow outsmarted them. Failing to contest Rama’s action, all that Congressman Tomas could say was, “it’s an abuse pero sige na lang.”

(elespinoza53@yahoo.com)