Saturday, October 01, 2005

EO ?6?

The writing of Executive Order 464 has also produced certain bold strokes on the wall, apparently illusory, but the most worrisome is the sad script about a country stuck with a lame duck president so palsied to leverage what is left of her influence towards certain national goals aspired, as she is frenzied to becalm a restive citizenry. No, it was not an undeclared martial law but a declared war against the Senate whose collaboration she direly needs to sidetrack those who are hell-bent chasing her out of her bower.

What were they thinking? Well, they weren’t. Here’s why. If it is not a Hail Mary pass, EO 464 is ill-thought and ill-advised. And, of course, ill-timed, considering that an overwhelming number of Filipinos believe the charges of presidential “stealing, cheating, and lying,” which are yet to be threshed out in the proper forum.

First of all, the power of the legislature to inform itself through legislative investigations, underwritten by the power of contempt, is anchored upon long-accepted traditions. While not unlimited, it is rooted on the right of self-preservation, the ultimate goal of any society. The inevitable opposure as well as corollary to that power is the duty of the legislators to inform the people about matters of public concern. The Philippine Supreme Court in Chaves vs. PCGG (1998), which EO 464 is conveniently (and maybe deceptively) shown to rely on, said so in no uncertain terms:
This principle is aimed at affording the people an opportunity to determine whether those to whom they have entrusted the affairs of the government are honesty, faithfully and competently performing their functions as public servants. Undeniably, the essence of democracy lies in the free flow of thought; but thoughts and ideas must be well-informed so that the public would gain a better perspective of vital issues confronting them and, thus, be able to criticize as well as participate in the affairs of the government in a responsible, reasonable and effective manner. Certainly, it is by ensuring an unfettered and uninhibited exchange of ideas among a well-informed public that a government remains responsive to the changes desired by the people.
How could they miss it, if they were not frantic and in haste, or frantically in haste like covering up the footprints and the fingerprints on the crime scene before the detectives arrive?

That “in republican government, the legislative authority predominates” is the other principle underlying a tripartite system that was ignored. What was seen by James Madison, the father of the United States constitution, as elementary then (Federalist, No.51) remains fundamental today. (In a number of cases in the United States involving similar tug of war between cabinet secretaries and congressional committees, mostly settled before reaching the Supreme Court, executive privilege has thus far yielded to legislative power.) Constitutional tradition concedes that Congress has as much power to enact laws as to oversee their enforcement by the executive branch. This is the power of congressional oversight.

In contrast, “executive privilege” is a theory based upon the Lockean claim that the president, likened to a king, has “the power to act according to discretion for the public good, without the prescription of law and sometimes even against it.” This claim is however justified only during emergencies and national strife or similar situations which are not even pretended in EO 464.

Now, the heads of departments, executive officials and public officers mentioned in the EO are between a rock and a hard place, i.e., between the wrath of a presumptive empress dangling the power of control over them and the indulgence of some grandstanding senators whose tempers are equally short for feigning and malingering witnesses summoned to inform them truthfully on pain of contempt citation and incarceration.

If the judiciary, the third party of the tripartite arrangement, trifles with its role the same way, what could have been seen written on the wall as EO ?6? might not be far from being an illusory after all. God bless the Philippines.

6 Comments:

Blogger 柯云 said...

2015-12-28keyun
canada goose coats
canada goose outlet
ray ban outlet
hollister clothing
michael kors outlet sale
ralph lauren
coach factory outlet
oakley outlet
ray-ban sunglasses
coach outlet store online
kate spade handbags
uggs on sale
michael kors outlet online
michaek kors outlet
toms
prada
replica rolex watches
instyler
uggs boots for women
ugg clearance outlet
nike air max
michael kors outlet online sale
michael kors outlet
abercrombie & fitch
michael kors outlet online
air max 95
abercrombie
coach outlet store
michael kors handbags
ugg outlet
louis vuitton outlet
coach outlet
fit flops
kobe 8
michael kors outlet online
adidas original trainers
nike trainers sale
air jordans
cheap toms shoes
celine handbags

December 27, 2015 7:54 PM  
Blogger oakleyses said...

chanel handbags, louis vuitton outlet, replica watches, christian louboutin shoes, burberry handbags, prada handbags, oakley sunglasses wholesale, longchamp outlet, oakley sunglasses, nike air max, uggs on sale, louis vuitton, kate spade outlet, polo outlet, louis vuitton, ugg boots, michael kors outlet online, oakley sunglasses, tiffany and co, tiffany jewelry, ray ban sunglasses, louis vuitton outlet, longchamp outlet, tory burch outlet, christian louboutin uk, uggs outlet, replica watches, nike air max, jordan shoes, gucci handbags, nike free, michael kors outlet online, michael kors outlet online, michael kors outlet, ugg boots, ray ban sunglasses, louis vuitton outlet, michael kors outlet online, polo ralph lauren outlet online, longchamp outlet, ray ban sunglasses, nike outlet, christian louboutin outlet, burberry outlet, cheap oakley sunglasses

January 05, 2016 9:27 PM  
Blogger oakleyses said...

nike tn, coach outlet, replica handbags, nike roshe run uk, ray ban uk, guess pas cher, nike air max uk, sac hermes, true religion jeans, north face uk, ralph lauren uk, michael kors pas cher, coach outlet store online, converse pas cher, vans pas cher, longchamp pas cher, nike free uk, coach purses, polo lacoste, nike free run, michael kors, abercrombie and fitch uk, michael kors, burberry pas cher, air max, new balance, nike roshe, nike blazer pas cher, nike air max uk, hollister pas cher, sac vanessa bruno, true religion outlet, kate spade, oakley pas cher, true religion outlet, sac longchamp pas cher, north face, true religion outlet, mulberry uk, ray ban pas cher, jordan pas cher, polo ralph lauren, hollister uk, nike air max, lululemon canada, louboutin pas cher, nike air force, michael kors outlet, timberland pas cher, hogan outlet

January 05, 2016 9:30 PM  
Blogger oakleyses said...

north face outlet, iphone 5s cases, valentino shoes, soccer shoes, timberland boots, beats by dre, babyliss, ralph lauren, ipad cases, nike trainers uk, asics running shoes, nike air max, celine handbags, lululemon, iphone 6s plus cases, new balance shoes, iphone cases, p90x workout, insanity workout, soccer jerseys, vans outlet, iphone 6 cases, chi flat iron, bottega veneta, mac cosmetics, louboutin, wedding dresses, giuseppe zanotti outlet, nfl jerseys, hollister, nike huaraches, jimmy choo outlet, hermes belt, baseball bats, iphone 6s cases, nike roshe run, reebok outlet, hollister clothing, longchamp uk, abercrombie and fitch, mont blanc pens, ghd hair, iphone 6 plus cases, mcm handbags, oakley, ferragamo shoes, north face outlet, s6 case, herve leger, instyler

January 05, 2016 9:31 PM  
Blogger oakleyses said...

supra shoes, moncler, vans, moncler, thomas sabo, canada goose, louis vuitton, louis vuitton, ugg,ugg australia,ugg italia, canada goose, marc jacobs, moncler, doke gabbana, converse, barbour, swarovski, pandora charms, hollister, moncler uk, canada goose outlet, juicy couture outlet, lancel, gucci, ray ban, canada goose, moncler outlet, louis vuitton, links of london, toms shoes, canada goose outlet, swarovski crystal, louis vuitton, converse outlet, ugg, moncler, louis vuitton, karen millen uk, nike air max, wedding dresses, pandora jewelry, ugg,uggs,uggs canada, ugg pas cher, juicy couture outlet, canada goose outlet, doudoune moncler, canada goose jackets, canada goose uk, replica watches, pandora jewelry, montre pas cher, moncler outlet, ugg uk, pandora uk

January 05, 2016 9:32 PM  
Blogger dong dong23 said...

louis vuitton outlet
nike huarache shoes
coach outlet online
kobe bryant shoes
christian louboutin
asics running shoes
michael kors outlet
cheap jordans
oakley sunglasses
polo ralph shirts
oakley sunglasses wholesale
ghd flat iron
michael kors outlet
supra sneakers
nike air huarache
michael kors outlet clearance
nike air jordan
nike running shoes
toms shoes
louis vuitton outlet
adidas originals shoes
christian louboutin outlet
nfl jerseys wholesale
ray ban wayfarer
nike roshe flyknit
cheap jerseys
nike factory outlet
gucci handbags
longchamp handbags
coach outlet
asics shoes
christian louboutin outlet
beats wireless headphones
coach outlet
true religion jeans
louis vuitton handbags
toms shoes
ray ban sunglasses
ralph lauren outlet
michael kors handbags
20167.7wengdongdong

July 07, 2016 3:15 AM  

Post a Comment

<< Home