PRESIDENT Rodrigo Duterte campaigned and won on an anti-establishment position as he presented himself as one who cannot be dictated to in running the affairs of the state.
His being unconventional made him popular, and his being popular emboldened him to test the limits of what he can do to right what is wrong with the country. But there are limits to questioning conventions. Limits not like those imposed by man but parameters to the exercise of his powers set by the highest law of the land, the Constitution.
To be anti-establishment is to oppose and question what is conventional in our political, economic and social structures. Duterte has succeeded in opposing and questioning convention; but demanding something that goes against the basic law is a different matter.
His tiff with the Commission of Human Rights (CHR) and with Ombudsman Conchita Carpio Morales could have been prevented had he recognized the checks and balances mandate of these two agencies.
Duterte earlier said he would abolish the CHR for investigating alleged human rights abuses and criticizing his war on drugs. He also censured Morales for investigating errant military and police personnel saying he should first approve such inquiries.
For the CHR, he said, “I will lecture you, CHR. You are weak. Those (military and police actions) are not violations of human rights. When (the people) are forced by the military to stay on the side, it is for their own good. If the military will decide not to allow you to enter your house, (it’s) because you will be hit.”
“When the time comes, the CHR, its office here, you are better abolished. I will not allow my men to go there to be investigated. Remember this Human Rights Commission, you address your request through me because the Armed Forces is under me and the Police is under me. So, if you question them for investigation, you have to go to me first.”
For Morales, Duterte said, she should refrain from citing these personnel in contempt. “Because I have the authority to give the final say whether they will attend (the investigation) or not.”
Duterte said in his State of the Nation Address “I have your back,” referring to those upholding the law in Mindanao and elsewhere.
The CHR is a creation of the Constitution, not of the President or any of the three branches of government. Section 17 of Article 13 the Constitution grants the CHR independence from any branch of government, while Section 18 mandates it to investigate human rights violations. It needs this independence to be effective.
Morales, for her part, contradicted the President and insisted she did not need anybody’s permission to investigate a soldier or policeman. No law requires the President’s clearance for investigation by the Ombudsman and the CHR, she said.
Duterte need not worry about changing his image or losing his popularity if he allowed the CHR and the Ombudsman to continue to do their work. He will still be seen as a populist even if he abides by the Constitution. His enemies are not the CHR or the Ombudsman.