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Saturday, June 18, 2005
Aportadera: What will prevent Edsa 4?
By Atty. Billy Aportadera
Rights and duties
'It is a constitution borne from the difficult and dark years of martial law. It is time to fine tune it to address current realities and problems. It should be amended to avert Edsa 4.'
DURING the past weeks, the nation was once again gripped with rumors of possible coups d'etat and Edsa 4. Retired officers were agitating the military and civilians to replace the present leadership with a civilian- military junta.
The low ratings of the administration in the political, social and economic fronts are not helping stabilize the situation.
On hindsight, this present administration came into power under the 1987 Constitution. The Constitution was made by 44 handpicked delegates of Corazon C. Aquino who assumed power in the historic Edsa I Freedom Revolution. The 1973 Constitution of President Marcos was set aside. A Freedom Government took over and a new constitution framed.
The handpicked delegates, despite charges that they were mostly relatives of those already in the Cabinet of President Aquino, were distinguished experts in their respective fields of endeavor. They framed the 1987 Constitution incorporating the provisions that sought to address the ills besetting Philippine Society. A Human Rights Commission was constituted to prevent the recurrence of human rights violations that was the hallmark of the martial rule of President Marcos. The Tanodbayan was elevated to the Ombudsman with constitutional mandate and the Office of Special Prosecutor made an adjunct to the Office of the Ombudsman to combat graft and corruption in government.
The delegates trimmed down the power of the Commission on Appointments of Congress and handed over to a Judicial Bar Council the nomination process for judicial appointments and for certain government officials.
The 1987 Constitution also recognized and encouraged the empowerment of people in the pursuit of their rights.
However, barely has the constitution been ratified when armed challenges from the right led by military reformists waged seven unsuccessful coups d'etat against the new government of President Aquino. They did not succeed in toppling down the government but succeeded in derailing the economic recovery of the country.
Another political event tested the 1987 Constitution. This time it was the impeachment of President Joseph Ejercito Estrada. He was accused of impeachable crimes and impeached by Congress. However, before the impeachment trial by the Senate sitting as an impeachment court could be terminated, the prosecutors walked out of the proceedings. The impeachment court, chaired by the Chief Justice failed to finish its constitutional task. The rest is muddled history. Civil Society went to Edsa, gathered the people in Metro Manila which was nothing compared to Edsa I, and demanded the resignation of President Estrada.
The non-existent resignation letter and withdrawal of loyalty and support to the President and Commander-in-Chief by the military leadership of the Armed Forces of the Philippines forced President Estrada out of Malacanang. Eventually, he was charged with plunder before the Sandiganbayan. The ouster of President Estrada through people power was known as EDSA II.
Then came the bloody and failed Edsa 3 of May 2002.
The 2004 Presidential Election failed to help restore the jaded Filipino people's confidence in the electoral process as a mode of changing governments and leaders. National surveys reflect that majority of the Filipinos did not find the results credible.
Since 1987, the nation has not moved forward. The economy is still in shambles, graft and corruption in government has not been abated, human rights violations still persist, and the administration of justice still slow.
The 1987 Constitution was envisioned to provide the infrastructure of government upon which the nation's political, economic, and social aspirations could be realized. The events have shown the flaws in the Constitution. It is a constitution borne from the difficult and dark years of martial law. It is time to fine-tune it to address current realities and problems. It should be amended to avert Edsa 4.
(Abelardo "Billy" Aportadera Jr. is a practicing lawyer.)
For Bisaya stories from Davao. Click here. (June 18, 2005 issue)
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