BURNING ISSUES

WELCOME to the maiden article of Pinoy Legal. A quick explanation is in order. Pinoy of course refers to all of you wonderful kababayans out there. You know who you are. Legal because this will talk about legal stuff although not strictly limited to it. It may also offer advice to undocumented Filipinos! I may also write about politics, which we can not for now separate from our national psyche, general interest, leadership, business and economics, and about the national spirit. Pinoy Legal then is about you and your interest or concerns on anything back home that deals with the law. In the Philippines, this means everything. Enjoy!

For starters, I will give you a summary of the issues that are pending with the Supreme Court:

1. CPR/no permit no rally. The “calibrated preemptive response (CPR)” replaced the “maximum tolerance” when it comes to dealing with rallyists. Maximum tolerance means that until and unless rallyists come into contact with the police crowd control unit or do some act like throwing stones, the police are to hold their ground and simply observe and make sure to keep peace and order. CPR on other hand is not as clear. Firstly, it is preemptive. The police can take action without waiting for an act of violence. Calibration is dependent on the situation on hand. The response could be light or heavy as the circumstances dictate, as interpreted by the ground commander.

The no permit no rally concept states that for any organization or group of people who want to take to the streets to air their grievances, they must also respect the rights of others who choose not join them. Thus the need for a permit to inform the local government and for them to monitor efforts to ensure the least disruption.

2. Proclamation No. 1017. Last February 24, 2006, President Arroyo declared a state of national emergency. Legally, there is no such animal. Martial law, yes. State of rebellion, yes. National emergency, you can’t find it anywhere. This resulted in the arrests of several people and the “raid” on an anti-administration newspaper. Oral arguments have been heard before the high court and the case is now ripe for decision.

As a sidebar, then Solicitor General Alfredo Benipayo argued the case for the government before the Supreme Court. His performance was assessed to be wanting. SG Benipayo may be a person of integrity and writes well. His forte, however, is not exactly his presentation skills. He resigned a few days after, or was eased out to be replaced by Chief Presidential Legal Counsel Nachura. I know him personally and his caliber is certainly not below any justice in the land.

3. Even earlier in 2005, the controversy was about Executive Order No. 464. Executive Orders are issued by the President that have the effect of an order on all those in the executive department. This E.O. barred any executive official from appearing before Congress without the permission or approval of the Chief Executive – the President. On paper, the reason was to put a stop to all the runaway congressional hearings and legislative inquiries that were getting too politicized. Critics argue that it was done to gag the officials who wanted to shed light on controversies.

4. Although not yet in the Supreme Court, the recent Cha-cha initiative is bound to reach it sooner or later. Till then, we await developments that we can report to you readers in time for the next issue.

As you can see, there are many resolutions that have to be ruled upon. Every day that passes creates more uncertainty. Each decision that is handed out that firmly disposes of the issue will create initial furor on the losing side. Let’s pray for the wisdom of the Supreme Court.

On a lighter note, the results of the bar examinations are out. There is a new crop of young, eager and idealistic lawyers. There may also be more lawyers who are obstructive and greedy. As I would like to say: our greatest gift is our greatest burden. We can choose to abuse our free will or to make the most out of it.

It is also the season of graduations - a happy time for families especially those who have supported sons and daughters, nephews and nieces in their quest for quality education. It is the beginning of unemployment and period of confusion for fresh graduates.

Here in the big city, I fully support the initiatives of MetroManila Development Authority Bayani Fernando, commonly known by his initials, “BF.” He has done wonders for the metropolis in his innovative solutions to traffic, his engineering skills to flood control and movement of pedestrians, his MMDA art that seeks to stamp out unsightly graffiti, among others. If anyone can solve our urban problems, he’s the guy. Now if only the city mayors share his passion and genius. The main difficulty is that the city mayors believe they have the mandate as they are elected by their constituents while the MMDA governor is a presidential appointee, getting his power from the top. There lies the tension.

That’s it for this first column. This is the beginning of our conversation. Please feel free to drop me a note at geronimo.sy@gmail.com on anything under the sun. Welcome Pinoy!
G. L. Sy is a lawyer working with the Phil government and currently finishing his Phd in Public Administration.