IN the Philippines, scandals, tsismis and fake news (STF for short) are part of the daily news diet. I have no idea how many of our citizens care to read the papers or how many are active in social media. For the majority, word of mouth is an effective carrier of STF, and travel faster and farther. There is that symbiotic relationship between word of mouth and media. Sourced from either platform, these raw morsels of STF are then either distorted, embellished and presented to the public as truth. In social media, internet trolls on both sides of the argument or advocacies are then engaged in a frenzy of spin, effectively taking over the political conversation.
More often than not, this job is assigned to favored stooges with government sinecures who have large social media following; talking heads and lawyers with the leash tightly held by Malacañang. They then proffer these fables to the public in double-speak.
Take the example of the quo warranto petition against beleaguered Chief Justice (on leave) Maria Lourdes Sereno brought by Solicitor General Jose Calida. Ordinary Filipinos take this simply as “lawyer’s mumbo-jumbo.” According to Calida’s suit, Sereno’s appointment as Chief Justice is not valid “ab initio” (from the very beginning) and “…requires her to show by what authority she exercises her assumption to public office.”
Sereno opined: “If they succeed [in removing]an impeachable officer nearly six years after her appointment, then every sitting justice will no longer be independent.” (PDI, April 12, 2018)
True enough! Why only now, after six years? The ordinary Filipino would rather not participate in this “moro-moro” and with a mind of his own prefer a narrative which is simple, linear and honest.
President Duterte wants her ousted. She has provoked the anger of the President. Many believe this started when she clashed with the Deegong early in his administration in August 2016. Du30 made the mistake of naming judges allegedly involved in illegal drugs, some of whom had long been retired and one long dead. DU30 backed down from a confrontation with the feisty lady who insisted on her prerogatives and the independence of the judiciary. But she had drawn first blood. The President’s disdain for the chief justice could have started at this point.
Rubbing salt on the wound, she has consistently voted against Duterte’s policies that have been elevated to the high court: a hero’s burial for the dictator Marcos, and the declaration of martial law in Mindanao to contain the IS rebellion, among others.
And lately, Sereno lashed out at DU30’s perceived drift towards authoritarianism. “The current state of the nation is one where perceived enemies of the dominant order are considered fair game for harassment, intimidation and persecution, where shortcuts are preferred over adherence to constitutional guarantees of human rights, including the denial of due process,” Sereno said.
“Coarseness, including the denigration of women, rather than civility, mark the language of the podium,” she added. (Nikkei Asian Review, March 8, 2018)
This could be the straw that broke the camel’s back. Who is this
Lourdes Sereno who has the balls to stand up to the macho president?
Sereno had been chief justice for five years prior to DU30’s ascendancy. She took her position seriously as head of the judiciary, co-equal to the executive and legislative branches of government. She was installed as chief justice after the impeachment of CJ Corona and after having been scrutinized and recommended by the Judicial and Bar Council.
Corona himself earned the ire of the Aquinos on some high court decisions against the Aquino/Cojuangco interests. PNoy used his office to allegedly bribe the senators with DAP money to impeach Corona.
PNoy’s inexperienced niña bonita , appointed at a very young age (57 in 2012), will be sitting as CJ for the next several years (70 years old in 2030) outliving those in the current bench. This did not sit well with the other justices, all senior to her, drooling over the CJ post.
A quo warranto petition was filed by the Solicitor General. Knowing how the DU30 can be intimidating to his cabinet, no way will Calida act without the Deegong’s imprimatur. DU30’s assertions that he did not have a hand in this is simply not plausible.
Sereno took the bait, asking the Deegong publicly to show his hand. This allowed DU30 to accommodate her challenge, thus his declaration: “I am putting you on notice that I’m now your enemy and you have to be out of the Supreme Court.” (Philippine Daily Inquirer, April 10, 2018)
There is no mumbo-jumbo in the PRRD’s language. Sereno, the head of another co-equal branch, became an enemy once she stepped on the almighty’s toes and he wants her head.
What next? Sereno could be booted out by her peers on this quo warranto petition, but this would look funny. She has been a member of the bench for a good part of a decade. Would these good justices now “require her to show by what authority she exercises her assumption to public office”?
The success of this quo warranto petition will have a lasting effect. A precedent having been established, any SolGen in the future will have the ability to bring quo warranto petitions against any of them. This in fact is a hanging sword of Damocles of their own making.
The issues of Sereno’s alleged corruption, profligate lifestyle and imperial tendencies will not be taken up in this quo warranto petition. These are issues rightly lodged in an impeachment proceeding against impeachable officials.
If Chief Justice Sereno’s peers will shamelessly abide by the dictates of their personal agenda, they will boot her out on this quo warranto petition. But their reputation will be left in tatters as they shall have been reduced to mere lap dogs of the executive branch.
Impeach her, if you must! But go through the proper constitutional process.
The answer is not as simple as one would like, and the reasoning is necessarily nonlinear.
Part of the reason this is so lies in the Philippines’ own recent history of dictatorship. Ferdinand Marcos, a consummate lawyer, created an elaborate legal infrastructure to enable what was called constitutional authoritarianism — what Marcos critic turned foremost apologist Teodoro Valencia called “martial law with a smile.”
In his younger days, Marcos could orate for hours — not in the mold of President Duterte’s stream-of-consciousness ramblings, but in the vein of Fidel Castro’s extemporaneous political philosophizing. He hardly used directly threatening language (one famous exception was his retort to student leader Edgar Jopson as a mere “grocer’s son”). While he was a brutal dictator in fact, he was very conscious of appearances and careful to keep them.
Mr. Duterte does not often give a damn. He holds his tongue only when it comes to former president Fidel Ramos’ criticisms; he pays tribute to leaders who do not criticize him (Vladimir Putin: “My idol.” Xi Jinping: “I simply love” him. Donald Trump: “A deep thinker.”) Everyone else, especially women critics, gets the full I-am-the-President-not-you treatment—and many people see this as a form of dictatorship, or at least of dictatorial impulses given free rein.
Another part of the reason is we’ve called other presidents dictatorial before — which makes Mr. Duterte’s actual embrace of the dictatorial possibilities in the Philippine presidency that much harder to counter.
In “Marcos was the worst (3),” part of my occasional series on the true and perfidious legacy of the Marcos family, I wrote about the Singapore fantasy of the Marcos loyalists: the idea that, in the words of Ferdinand Marcos Jr., his father would have turned the Philippines into another Singapore if he had continued in office.
“Why is it that some Filipinos — not only those who are too young, but even those old enough to have lived through the Marcos years — seem ready to buy into this counterfactual version of history?
“Many factors must be at work. The loss of perspective: The events have receded into what is now the distant past (more years separate our time from the declaration of martial law than from the start of World War II to military rule in 1972). The failure of education: Our generation has not done an adequate job of reminding the nation of the atrocities of the Marcos dictatorship. The power of myth: Marcos allies have been successful in presenting the beginning of an alternative history, especially online. The relativism of protest: Antigovernment critics of whatever stripe fall into the relativist habit of denouncing the incumbent president as the worst of the time (scroll through newspaper pages and see the vilification of one president after another: Aquino, Ramos, Estrada, Arroyo, Aquino again). Not least, the lure of innocence: Media organizations today are too noisy, busy with present-day stories of iniquity and inequality.”
That relativism of protest has led protesters—including but not limited to Bayan—to denounce every single president since Marcos as an incipient or undeclared dictator. A Bulatlat article on “progressive groups” marking the 42nd anniversary of the declaration of martial law, in 2014, was headlined: “Groups call to end ‘Aquino dictatorship.’” A 2007 story by DPA News on the 35th anniversary of martial law carried this omnibus quote attributed to Karapatan and Selda: “There is a new dictator and kleptocrat in Gloria Macapagal Arroyo and her cohorts under an undeclared martial law.” That narrative of absolute power concentrated in a presidential dictatorship goes all the way back, through Joseph Estrada and Fidel Ramos, to Corazon Aquino.
It is true that the Philippine presidency, despite its single-term limitation, retains vast powers, including command of the administrative infrastructure of justice and oversight of a quarter-million members of the uniformed services. And it is also true that a vindictive or single-minded president can use these powers to retaliate against critics; this is how I understand (and to point to only two examples) the jailing of Ka Jimmy Tadeo under Cory Aquino and the unseating of Dick Gordon under Estrada.
But if these presidents were dictators, understood in the usual sense, what does that make of President Duterte? Galactic overlord?
A third part of the reason: Despite the absence of a new constitution (the centerpiece of Marcos’ strategy), influential people in and outside the government already act as though the President were a dictator: the pliable majority in the Supreme Court that privileged his election mandate (a plurality) over public support for the Constitution (an overwhelming majority); local officials and intimidated businessmen who fail to vigorously question the legal basis of the Boracay closure; bureaucrats and advertisers who put pressure on the media to please him.
President Duterte has dictatorial tendencies, but is the Philippines back under one-man rule? Not yet — but we’re getting there, fast.
Read more: https://opinion.inquirer.net/112516/is-duterte-a-dictator#ixzz5CulTX7JQ
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