The battle ahead
After we have savored the joy of seeing justice upheld and the Constitution protected, it’s time to prepare for more vicious strategies of Gloria Arroyo and her minions to carry out her plan to change the Constitution because that’s one of the few remaining survival options for her. (The other is martial law.)
Truth and justice triumphed in a tight score of 8-7. Much of it is credited to Chief Justice Artemio Panganiban, who has surprised many with his independence and integrity in crucial issues concerning Arroyo’s attempts to curtail democracy despite the fact that he was appointed by her.
Panganiban is retiring on December 7. Top contender is Justice Reynato Puno, whose seniority in terms of years of service in the High Court was ignored by Arroyo when she chose Panganiban December last year.
If Puno would be the next chief justice, those who are blocking Arroyo and Jose de Venecia’s Cha-cha express, are in for a more difficult challenge. Just read his dissenting opinion on the petition of Singaw ng Bayan and the Union of Local Authorities of the Philippines (Ulap) to push through with Charter Change through their fake People’s Initiative. Better yet compare it with the majority decision penned by Justice Antonio Carpio.
Carpio was clear about what People’s Initiative is as stated in Section 2, Article XVII of the Constitution. (Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters of which every legislative district must be represented by at least three per centum of the registered voters therein.)
Carpio said: “The essence of amendments ‘directly proposed by the people through initiative upon a petition’ is that the entire proposal on its face is a petition by the people. This means two essential elements must be present. First, the people must author and thus sign the entire proposal. No agent or representative can sign on their behalf. Second, as an initiative upon a petition, the proposal must be embodied in a petition.”
Carpio brilliantly dissected Singaw and Ulap’s petition and exposed it as merely an initiative of Raul Lambino and Eric Aumentado and their backers. In short, it was a fake People’s Initiative.
“The Lambino Group claims that their initiative is the ‘people’s voice.’ However, the Lambino Group unabashedly states in ULAP Resolution No. 2006-02, in the verification of their petition with the Comelec that ‘ULAP maintains its unqualified support to the agenda of Her Excellency President Gloria Macapagal-Arroyo for constitutional reforms.’ The Lambino Group thus admits that their ‘people’s’ initiative is an ‘unqualified support to the agenda’ of the incumbent President to change the Constitution. This forewarns the Court to be wary of incantations of ‘people’s voice’ or ‘sovereign will’ in the present initiative,” Carpio said.
This is what Puno said: “Oppositors-intervenors contend that petitioners Lambino and Aumentado are not the proper parties to file the instant petition as they were not authorized by the signatories in the petition for initiative.
“,Chanel Handbags;The argument deserves scant attention. The Constitution requires that the petition for initiative should be filed by at least twelve percent (12%) of all registered voters, of which every legislative district must be represented by at least three percent (3%) of all the registered voters therein. The petition for initiative filed by Lambino and Aumentado before the Comelec was accompanied by voluminous signatures.”
Puno also said: “At the very least, the power to propose substantial amendments to the Constitution is shared with the people. We should accord the most benign treatment to the sovereign power of the people to propose substantial amendments to the Constitution especially when the proposed amendments will adversely affect the interest of some members of Congress. A contrary approach will suborn the public weal to private interest…”
In his conclusion, he said: “,replica shoes;The people’s voice is sovereign in a democracy. Let us hear them. Let us heed them.”
He believes that what Lambino and Aumentado are pushing is the voice of the people? I cannot fault impoverished and uneducated people for being taken by Singaw and Ulap’s propaganda but a Supreme Court justice?
In fairness to Puno,Wholesale Gucci handbags, he did not categorically uphold Singaw and Ulap’s desire to proceed with their Cha-Cha express. He wanted it sent back to the Comelec “as it is the body that is mandated by the Constitution to administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall.”
Some say it was an astute vote, career-wise. He did not vote to reject the fake People’s Initiative. There’s no reason for Gloria Arroyo not to finally make him chief justice come December. Once he gets it, he can do a Panganiban and think of his lasting legacy to the Filipino people which is a Supreme Court that defends and protects the Constitution.
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