Legal Metanarratives

What Constitutional Crises?

Everyday, the limits as well as the legitimacy of the interpretation of the current text of any law--even the constitution--is tested. That is why there is need for lawyers and courts. Through the legal profession, various interpretations of both substantive law and procedural remedies get debated. Contexts or the appreciation of the evidence to support the facts that give rise to which provision of law to apply will be contested. Courts will rule one way, lawyers will ask for reconsiderations of the ruling by filing the proper motions and pleadings. Courts can change their minds. (This is really possible. In the recent past, even by virtue of simply a letter not sanctioned by the Rules of Court.)

There is no crises. That legal doubts can still be processed through the system is indeed testimony to the reality that the rule of law is still possible. One understanding of legality should always be amenable to a challenge inspired by legitimacy. That’s what motions for reconsiderations are all about.

Let’s put it in another way.

When ordinary citizens get a bad decision and they try--with the kinds of lawyers accessible to them--to have it reconsidered, no one cries constitutional crises. When it is the non-ordinary citizens that get a bad decision, they cry constitutional or legal crises. What’s more, they would even dare use the argument that what can happen to them can happen to ordinary citizens.

Let’s use a hypothetical example.

Suppose that someone becomes President and serves for an extraordinary period of nine years. Upon her assumption to the Presidency--on a wave of expectation of good governance and full accountability--she then by legal magic enjoys absolute immunity from any prosecution while she is President. Current doctrine however says that the day of reckoning can happen anytime from the date she ceases to be President.

But, let us work our hypothetical case some more. A President for nine years has awesome powers. It is possible that when she steps down she would have appointed all the incumbents of all the constitutional bodies that are supposed to assure accountability for her acts. It is even possible that she would have appointed a substantial majority of the members of the highest court of the land. Hence, a subsequent President wanting to fully comply with his oath to defend the constitution--the one that says that “public office is a public trust”--will have his hands full. It will take some time before cases may be filed.

There can be a President who is dead serious in wanting to serve the national interest--i.e. the interest that every citizen can rely that the same set of laws, such as the anti-graft and corrupt practices act, can apply even to former Presidents. The natural, human reaction of the hypothetical former President would be to try to flee to destinations unreachable by our processes. In doing so, she will invoke the constitutional right of every ordinary citizen, the right to travel.

But, she is no ordinary citizen. Due to the immunity given to her in the past, the people deserve that she fully accounts for her actions: especially when investigations of any kind have already been commenced.

Constitutional provisions, even the right to travel, must not be read in isolation. It is part of an entire document. The context or the facts upon which the constitutional principle is made to apply may not be as simple as how it can be presented through an advocates sound bytes.

The principle that “public office is a public trust” is as much a constitutional principle as the presumption of innocence. The balance of these two seemingly contradictory values tilts to the former the more the privileges enjoyed by the public officer affected when she was in office. Otherwise, we might as well say that former Presidents are kings and queens untouchable by the sovereign Filipino people. The last I checked my copies of the constitution I still read that we are a “democratic and republican” state.

There is only one crises and it is not national in scope. It is personal: a former President wanting to leave the country to get treatment available here or to attend conferences or even perhaps to escape accountability. As usual, the pursuit of personal interests endangering entire societies. Our country is still truly in need of good leaders.

Hypothetically, it may be possible for a majority of the court to be enlightened enough to see this context. Anything is possible. Hope can spring eternal.

There is only one viable solution where everybody wins. And, it may not be entirely a legal one. Perhaps someone should get the best treatment of her ailment here in the Philippines, recover so that she can put up the best defense of all the charges that will be brought against her. Perhaps someone could see that this will be the mark of a true statesman.

In the process, she might be able to clear her name. Then again, she may not.

With either result, the Filipino people may just get what they should truly deserve: a justice system that can truly work.

DEAN MARVIC LEONEN
STATEMENT OF THE CHAIR
Malacanang Palace, 5 August 2011



The President last night met with the Chair of the Moro Islamic Liberation Front (MILF) Al Haj Murad Ibrahim for about two hours.

The meeting was cordial but consisted of a frank and candid exchange of their views about the frames of the continuing peace talks and some possible approaches that the parties can take to bring about a peaceful settlement. Both agreed that the implementation of any agreement should happen within the current administration. Both agreed to fast track the negotiations.

It was the President himself who sought the meeting prior to the government’s submission of its own agenda for the talks.

It should be recalled that the formal meeting set for June 27, 2011 was converted by the panels into an informal meeting. It was during that meeting that the panels discussed the logistics for the meeting between the President and the Chair of the MILF. The GPH panel shared its proposed details and agenda. The MILF panel on the other hand communicated the view of their Central Committee that the offer for a meeting at that level was a “grand gesture” on the part of government. They also mentioned that it was an “honor” that this historical meeting was going to take place.

Only the President, Chair Murad and their note takers were in the meeting room. The meeting was informal. The meeting helps the formal negotiations between the panels of both sides. It will facilitate its progress.

This is the first time that a President meets with the Chair of the Moro Islamic Liberation Front since the negotiations commenced about 14 years ago.

The President was accompanied to the meeting place by the Secretaries of National Defense, Budget and Management, Finance as well as the Presidential Adviser on the Peace Process, the Presidential Spokesperson and the Chair of the GPH Negotiating Panel.

Chair Murad was accompanied to the meeting place by some members of the Central Committee, the Chair of their negotiating panel and some base commanders.

To ensure the security of the participants and provide the necessary environment free from any agenda which would cloud the discussions, the meeting took place in the suburbs of Tokyo. The President arrived in Japan at about 6 in the evening, yesterday, August 4, Thursday and left to return to Manila at about 10 o’clock in the morning of August 5, today. We just arrived. The meeting took place at about 8:30 in the evening, after Iftar. This Presidential trip to Japan was unofficial.

The next formal meeting of the parties will be scheduled within the month of August, about the 3rd week of August.

We thank Japan for providing the facilities consistent with their longstanding commitment to peace as shown in their membership in the International Contact Group, as well as the Malaysian facilitator for assisting with arrangements between the two parties for this historic meeting.

August 2, For Evidence Class. In view of the suspension of classes, please check the appropriate link under the Pages section of this blog for your written assignments for Thursday, August 4.