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Saturday, March 01, 2008

 

LAW AND PHILOSOPHY MATTER(S)
By Atty.  Emmanuel Q. Fernando
Lessons from Edsa 1: A different perspective (2)


All of the essential ingredients, which justified the resort to people power, described the government of President Corazon C. Aquino. These included massive government corruption which infected the highest reaches of government, widespread election cheating, human rights abuses, the resignation of honest government officials who could no longer stomach the corruption, and the corresponding cover-up.

These ingredients may be substantiated to the requisite degree, just as the corruption involved in the looting of Malacañang Palace and in the illegal transfer of property to Mrs. Aquino’s relatives and friends was in the previous article. Unfortunately, due to space constraints, only the Mendiola massacre is discussed here, it being particularly relevant.

A year into Aquino’s presidency, some 15,000 farmers marched toward Malacañang to demand genuine land reform. State security forces blocked their approach to the Palace on Mendiola St. and fired at them. When the smoke cleared, 13 farmers were killed and 51 wounded in the bloodiest street protest that ever befell Metro Manila.

Mrs. Aquino appeared genuinely concerned. She joined public demonstrations against the carnage. She created the Citizen’s Mendiola Commission to investigate it. She promised government redress of their grievances.

The commission recommended the criminal prosecution of some soldiers and compensation for the victims. This was ignored. When sued by the farmers for compensation, the government invoked state immunity from suit as its defense, an argument which the Supreme Court sustained in Republic v. Sandoval (G.R. No. 84607).

Till today, neither prosecution nor compensation has materialized.  Genuine land reform remains a dream. Curiously, the President’s own Hacienda Luisita has managed to escape coverage by the Agrarian Reform Law. The Catholic Church, so vigorous a defender of human rights against military abuse in other times, prudently refrained from strongly condemning her or her government.

As a result of the carnage, the communist rebels, recognizing the hypocrisy, discontinued peace negotiations with the government. Mrs. Aquino, now at the receiving end of people power, appeared ruthless and unrepentant. Her military behaved abominably, far more ruthlessly violent than her predecessor’s military ever did, and she did nothing about it.

The rightists were as acutely aware of the hypocrisy but misunderstood people power politics.  When Col. Gringo Honasan, led a military uprising which almost toppled the Aquino government in 1989, more than ample corruption existed to justify people power support.  Unlike Edsa 1, that did not happen. The conventional wisdom was that his cause lacked widespread support.

This view was belied when Gringo was elected senator in 1995. Such a victory cannot adequately be explained in terms of his good looks or swashbuckling image. Rather, it indicated that the people sympathized with his cause although they may have disapproved of the means used to achieve it.

It was a slap on the face of President Aquino, the same way that the election of Lt. Antonio Trillanes IV as senator constituted a slap on President Gloria M. Arroyo’s face.

More importantly, it reinforced the observation that people are not so much concerned with process as with substantive justice, finding the violation of the former justifiable for the sake of the latter, an attitude glorified by EDSA 1.

Since then, Philippine society alarmingly manifested such an attitude particularly in celebrated criminal cases such as that of Hubert Webb’s. Decisions have been rendered due more to public opinion than to the merits of the case or the evidence at hand.

The people power phenomenon provides the paradigm for bypassing process for justice, involving as it does the violation of the legal rules for presidential succession. However, conventional analysis of this phenomenon is crude and simplistic, ignoring as it does the complex interplay of powerful forces within Philippine society.

On one side lies the administration with its political and bureaucratic machinery. On the other are the opposition politicians, the business elite, the Catholic Church, the media and the Left. Both sides compete for the support of the intellectuals, the middle class and the student population in Metro Manila.

Waiting in the wings is the military, gauging the strength of the opposition. Much as the business elite and the Catholic Church would like to aggrandize their role in people power politics, they are, in actuality, woefully ineffective without military backing. They can only spur the public to manifest massive indignation, which will lead to results only if the military withdraws its support from government.

Outside the equation exist most of the poor and the provincial masses. They constituted the power base of both Presidents Ferdinand E. Marcos and Joseph Estrada.

In reality, the people power victors did not unify Philippine society by their success but further divided it. Acts deemed just by the victors are perceived as persecution by the losers. To the latter, the conflict was not so much between black and white, as between them and us.

When the people power victors gained power, therefore, they did not strengthen democratic institutions, such as due process and the rule of law. Instead they institutionalized corruption, militarization, the politics of division and the politics of terror.

   
 

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