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Saturday, February 23, 2008

 

LAW AND PHILOSOPHY MATTER(S)
By Atty.  Emmanuel Q. Fernando
Lessons from EDSA 1:
A different perspective


As the nation celebrates or does not celebrate the EDSA Revolution for the 22nd time and at the same time provokes or impedes the coming of another tipping point that will topple another government, it is about time that it looks at the event from a different perspective, one that is only whispered, much less repeated and hardly ever communicated to the reading public.

There is much to learn from that perspective, which will prove disturbing, even disconcerting, to most.  But it needs saying.  The nation will never break out from the present morass of its moral decay and socio-economic retardation unless it comes to grips with how it has behaved during and since that event.

Most have argued that the cause of the morass is that the nation has forgotten and betrayed the ideals of EDSA, such as that of morality, justice and good government.  They have not pursued the logic of that argument rigorously enough.  The ideals were betrayed from inception.  Oh Justice, oh Morality, how many injustices and immoralities were committed in thy name!

The unwillingness to consider a different view stems, among others, from a basic human flaw: the propensity to see and to blame only the mistakes of one’s enemies and not to look at one’s own.  This was magnified in EDSA, for the new regime suffered from the myopia due to the arrogance of victory and newly-attained power.

This article discusses only the betrayal of the ideal of procedural fairness enshrined in the due process clause of the Constitution.  There is a consequential connection between the ideal’s betrayal and the present politics of terror, where once again a divided military will determine the fate of an elected President.

Due process violations began with the assumption of power by Mrs. Corazon C. Aquino who swore to abide by the Constitution when she ran for the presidency.  It continued with the kidnapping and exile of then President Ferdinand E. Marcos; the exile, a penalty not provided by Philippine law, was certainly against his will.  The joke goes that he informed U.S. military authorities that he intended to go to Paoay, Ilocos Norte, which they misheard as “Hawaii.”

Her representatives then ransacked the Marcos’ private bedrooms at the Malacañang Palace without a warrant, allegedly in search of evidence.  At Imelda’s New York trial, one of them admitted that thirty-five suitcases and boxes of documents, diamonds and jewelry, were all surrendered to authorities.  This was contradicted by Jovito R. Salonga (Presidential Plunder: The Quest for the Ill-Gotten Marcos Wealth, p. 351) insisting that he received only twenty-four boxes.  No inventory of the items was made.  Neither was an investigation conducted, despite reports that some of the jewelry and diamonds ended up with Mrs. Aquino’s close friends or relatives.

Her very first executive order, issued on the fourth day of her presidency, created the Presidential Commission on Good Government (PCGG), a misnomer if ever there was one, with Salonga as chairman.  Tasked to retrieve the alleged ill-gotten Marcos wealth, it behaved in its first years as a superhuman body impregnable and accountable to no one, sequestering or taking under its control property on the mere suspicion of being ill-gotten.

The violation of the Marcos rights persists to this day but that, although relevant, must await another article.  What is of more relevance is that with the executive order the stage was set for her revolutionary government to commit horrendous crimes directly against the rest of the Filipino people with impunity.

This was achieved by conjuring the image of a totally evil tyrant in the person of President Marcos. With this excuse, the government rationalized its illegal assumption of power, glorified the revolution and served to divert the people’s attention from the new government’s own inadequacies, crimes and misdeeds.

Among these misdeeds was to indiscriminately release all the political prisoners of Marcos, which included Communist rebels and Light-A-Fire Movement members.  It demonstrated to the public not only that she was kind and forgiving but also that Marcos was so despicable as to jail people whimsically.

Some have argued that the release was intended for the benefit of the movement, some members of which were her close friends and relatives.  Sen. Antonio Trillanes recently described it as “the anti-Marcos group (in the Seventies) responsible for several bombings in Metro Manila, which resulted in the deaths of dozens of (innocent) Filipinos.”

It is no secret that ownership to official government property and to private Marcos property were surreptitiously transferred, without benefit of a legal process, to Aquino’s friends and relatives, including Light-A-Fire members.  It may be unlikely that Aquino, herself, masterminded such a transfer but she certainly tolerated it and the public ignored it or forgave her.

Predictably, it impressed upon the public, detractors and supporters alike, that her brand of justice was a victor’s justice and that terrorism was justified and paid dividends so long as victory was attained.  Other crimes ensued.
(To be continued)

  eqfernando@hotmail.com

   
 

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