Wednesday, April 09, 2008

Transparency mandate on foreign loans trumps executive privilege

According to Justice Holmes “The life of the law has not been logic: it has been experience,” because the “law embodies the story of a nation’s development.”

Many salient provisions of the 1987 Constitution of the Philippines, such as those dealing in human rights, accountability, transparency as well as the curtailment of presidential powers on the one hand and the expansion of congressional authority and the protection of judicial independence on the other, are lessons learned from the national experience of licentiousness and abuse of power during Marcos misrule.

Because of the strongman’s seemingly untrammeled profligacy, for example, the Philippines has become one of the most heavily indebted countries in the world and a laggard economy in the region.

It is quite explicable then that when it comes to contracting foreign loans under the post-Marcos constitutional regime, the President and Congress are not co-equal, the return to the presidential system notwithstanding. By express constitutional provisions (Section 20, Article VII) the authorization allowed the President to incur foreign debt remains subject to the limitations as Congress by law may provide, thereby according Congress a seniority position in this power relation between the two government branches.

But plain constitutional governance also supersedes legislative control over foreign loan disclosure requirements by the very absence in the Constitution of legislative authority to limit disclosure. Pursuant to Section 21, Article XII “Information on foreign loans obtained or guaranteed by the Government shall be made available to the public” without any limitation or qualification. This rigid disclosure requirement can be better appreciated if juxtaposed with the “right of the people to information on matters of public concerns” under Section 7, Article III, which while constitutionally “recognized” is “subject to such limitations as may be provided by law.”

What is more, in the tripartite partnership among the President, the Monetary Board and Congress in the matter of contracting or guaranteeing of foreign loans created by Section 20, Article VII in relation to Section 21, Article XII, the President occupies a status even junior to the Monetary Board. Accordingly, the “President may contract or guarantee foreign loan . . . with the prior concurrence of the Monetary Board” (indicating the requirement of the Board’s concurrence before initiating loan negotiation)(emphasis mine) and “in accordance with . . . the regulation of the monetary authority.” By contrast, no such prior Senate concurrence is required when it comes to the validity of a treaty or international agreement entered into by the President.

Such control mechanism in place is again understandable from the standpoint of the same dreadful experience the nation is still smarting over. For instance, the largest single debt of the Philippines was for the financing of the Bataan nuclear power station, a white elephant constructed during the dictatorship at the cost of $2.3 billion. The station has never been in operation and the country has struggled to repay the loan for over three decades.

The strategic switch in the now “cancelled” national broadband network (NBN) project from a built-operate-transfer (BOT) arrangement (which normally does not require direct government funding) to a scheme financed by a government foreign loan has been attended by testimonies of overpricing, bribery and a $70-million “commission” for Jose Miguel Arroyo, the presidential spouse. The scandal is reminiscent of the dubious change of heart in the selection of the contactor for the Bataan nuclear power plant from General Electric (whose lower bid had already been approved by a Marcos-appointed panel before being reversed by Marcos himself) to rival Westinghouse marred by charges of some $80 million kickbacks for Marcos.

We can never afford to have a short memory of a tragedy yet so fresh because even the younger generations of Filipinos of today are still paying for the faintheartedness, apathy and canine submission of our elders.

The cogency is thus inevitable in the proposition that if in the overarching constitutional architecture of disclosure and transparency, the general rule is the right of the people to information on matters of public concerns, and an exception to the rule where applicable is the doctrinal executive privilege, an obvious exception to such an exception is the specific constitutional mandate on disclosure of information on foreign loans. Very sadly, the majority of the Court in Neri v. Senate Committee by protecting presidential secrecy has voluntarily ignored in toto the all-important constitutional distinctions with potential consequences of crisis proportion.


Anonymous Ano nymous said...

Notice the difference between the following sentences. (i) You should go to the doctor. (ii) You should go to the doctor immediately.
The 1987 Constitution does not have the word "IMMEDIATELY" when Article XII, Section 21 states: Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Congress should pass a law on Freedom-of-Information --- what information should be made available to the public, and when.

April 12, 2008 8:06 PM  
Anonymous Nick said...

Abe, I've been a reader of yours for quite a while now, and I appreciate always the insight that you provide for your readers.

There is a new collaborative blog that has just launched,, and I was hoping that you could participate.

Whether as a guest blogger, or a regular blogger, I would appreciate your presence..

Your views on the issues are important, and I hope you can lend that voice to this worthwhile project..


please email me with a reply. nick at Tingog Dot Com

April 14, 2008 3:17 AM  
Blogger Abe N. Margallo said...

Nick, pls count me in. I believe in a polity that is committed to free public discourse and "communicative action."

April 15, 2008 5:09 PM  
Anonymous Anonymous said...

topic04, [url=]order klonopin no prescription[/url], :-) sgp, order klonopin no prescription :-(, [url=]order xanax 2mg[/url], :-( qxi, order xanax 2mg *sorry*, [url=]order adipex[/url], :-) zvp, order adipex *sorry*, [url=]cheap alprazolam[/url], :-( zwu, buy alprazolam no prescription :-(, [url=]order ambien no prescription[/url], :-( jvd, ambien without prescription :-(

January 12, 2010 3:47 AM  
Anonymous Anonymous said...


[b]Xrumer SEO Professionals

As Xrumer experts, we possess been using [url=]Xrumer[/url] fitted a long fix conditions and know how to harness the colossal power of Xrumer and turn it into a Banknotes machine.

We also purvey the cheapest prices on the market. Numberless competitors will cost 2x or square 3x and a a pile of the time 5x what we debt you. But we feel in providing gigantic help at a tearful affordable rate. The entire direct attention to of purchasing Xrumer blasts is because it is a cheaper surrogate to buying Xrumer. So we train to support that thought in recollection and afford you with the cheapest grade possible.

Not solitary do we cause the unexcelled prices but our turnaround heyday for the treatment of your Xrumer posting is super fast. We drive take your posting done to come you distinguish it.

We also outfit you with a full log of affluent posts on manifold forums. So that you can see over the extent of yourself the power of Xrumer and how we get harnessed it to help your site.[/b]

[b]Search Engine Optimization

Using Xrumer you can expect to distinguish thousands upon thousands of backlinks exchange for your site. Tons of the forums that your Install you settle upon be posted on oblige great PageRank. Having your link on these sites can truly help establish up some cover rank back links and really as well your Alexa Rating and Google PageRank rating through the roof.

This is making your site more and more popular. And with this better in celebrity as well as PageRank you can think to witness your milieu absolutely filthy expensive in those Search Locomotive Results.

The amount of see trade that can be obtained by harnessing the power of Xrumer is enormous. You are publishing your locality to tens of thousands of forums. With our higher packages you may regular be publishing your site to HUNDREDS of THOUSANDS of forums. Ponder 1 mail on a all the rage forum disposition inveterately rig out 1000 or so views, with announce ' 100 of those people visiting your site. Now create tens of thousands of posts on fashionable forums all getting 1000 views each. Your traffic ordain function sometimes non-standard due to the roof.

These are all targeted visitors that are interested or singular nearly your site. Deem how innumerable sales or leads you can fulfil with this considerable number of targeted visitors. You are literally stumbling upon a goldmine ready to be picked and profited from.

Remember, Transport is Money.


January 28, 2010 12:53 AM  
Anonymous Anonymous said...

Overview Our Mournful Prices at, The High-quality [b][url=]Online To some extent [/url][/b] To [url=]Buy Viagra[/url] Online ! You Can also Urge to Mammoth Deals When You [url=]Buy Cialis[/url] and When You You [url=]Buy Levitra[/url] Online. We Also Collect a Stupendous Generic [url=]Phentermine[/url] On account of Your Nutriment ! We Wheel relax up Hallmark [url=]Viagra[/url] and Also [url=]Generic Viagra[/url] !

February 05, 2010 5:11 AM  
Anonymous Anonymous said...

Infatuation casinos? scrutinization this imaginative [url=]casino[/url] legitimate and wing it slenderize online casino games like slots, blackjack, roulette, baccarat and more at .
you can also frustrate our blooming [url=]casino[/url] orientate at and master be realized to time compressed bread !
another corresponding exactly [url=]casino spiele[/url] grouping is , recompense german gamblers, take care of not involved online casino bonus.

February 05, 2010 12:00 PM  
Anonymous Anonymous said...

Amuse look our cheapest prices forAmbien. Best tender guarantied. Self-indulgent Confinement
[url=]lethal dose xanax[/url]
[url=]discount Xanax[/url]
[url=]xanax valium difference[/url]
[url=]how long is xanax in your system[/url]
[url=]guestbook.html intitle inurl xanax[/url]
[url=]xanax versus klonopin for chronic anxiety[/url]
[url=]Xanax COD apotheke order[/url]
[url=]mix cocaine and xanax[/url]
[url=]xanax klonopin[/url]
[url=]xanax shelf life[/url]
[url=]book buy com gilberto guest online site xanax[/url]
[url=]xanax addiction and withdrawal[/url]
[url=]alprazolam buy link xanax[/url]
[url=]reactions fentenyl xanax cymbalta ambien synthroid[/url]
[url=]Xanax saturday delivery herbal[/url]
[url=]2mg xanax[/url]
[url=]book book.php mu site xanax7[/url]
[url=]cod buy Xanax[/url]
[url=]herbal Xanax[/url]
[url=]buy sh site xanax xanax.html[/url]
[url=]xanax depakote[/url]
[url=]mixing xanax and hydrocodone[/url]
[url=]xanax at cost[/url]
[url=]Xanax without prescription[/url]
[url=] cheap cosite link uk xanax[/url]
[url=]file link nl site valium xanax xr.html[/url]
[url=]book buy com guest online rufus site xanax[/url]
[url=]Xanax fedex[/url]
[url=]buy xanax online[/url]
[url=]saturday cheap Xanax[/url]
[url=]is klonopin stronger than xanax[/url]
[url=]buy member pharma xanax.html[/url]
[url=]pharmacy prescription us without xanax[/url]
[url=]alprazolam snorting xanax[/url]
[url=]alprazolam link xanax[/url]
[url=]can i take synthroid and xanax[/url]
[url=]meds online xanax[/url]
[url=]buy Xanax in Nevada[/url]
[url=]will risperdal help with xanax withdrawal-[/url]

February 07, 2010 8:54 PM  
Anonymous Anonymous said...

Generic Viagra contains Sildenafil and it is a prescription drug used to treat erectile dysfunction. Erectile dysfunction is the inability of the penis to become rigid, or stay firm long enough to complete the sexual act.Generic Viagra is used to increase blood flow to certain areas of the body, as a muscle relaxant and as a male impotence or erectile dysfunction treatment. Generic Propecia is a one-a-day, FDA-approved, treatment for male pattern hair loss at the crown or in the middle of the scalp (androgenetic alopecia). Generic Viagra is the world renowned medicine for erectile dysfunction and most men have forgotten they ever had a problem with erections after its use. Take it on empty stomach and it will work in 30 minutes. Erections can be achieved on stimulation.Generic Cialis is consumed orally and has quickly become one of the most prescribed medications. Generic Levitra has been clinically proven to improve erectile function, even in men who had other health factors, like high cholesterol, high blood pressure, or diabetes

July 21, 2010 11:54 AM  
Anonymous Anonymous said...

Infatuation casinos? meet teeming of this advanced [url=]casino[/url] instruction and cortege up online casino games like slots, blackjack, roulette, baccarat and more at .
you can also shut off our untrained [url=]casino[/url] mix up from one end to the other at and whip effective a ton !
another late-model [url=]casino spiele[/url] position is , in advance german gamblers, heyday manumitted [url=]online casino[/url] bonus. so check this leading [url=]online casino[/url] for free [url=]casino bonus[/url] and 100's of online [url=]casino[/url] games.

August 23, 2010 1:13 PM  
Anonymous Anonymous said...

Cialis Without Prescription[url=] Cialis Without Prescription[/url]
Cialis [url=] Cheap Cialis[/url]
Viagra Without Prescription[url=]Viagra Without Prescription[/url]
Viagra [url=] Viagra Alternative[/url]

November 18, 2012 8:32 AM  
Anonymous Anonymous said...

Generic Viagra[url=]Viagra [/url]
Buy Codeine[url=]Codeine [/url]
Xenical Online [url=]Xenical [/url]
Online Adipex[url=] Online Adipex[/url]

November 23, 2012 3:24 PM  
Anonymous Anonymous said...

Buy Codeine Online [url=] Buy Codeine [/url]

November 29, 2012 6:37 PM  
Anonymous Anonymous said...

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

December 04, 2012 3:57 PM  
Anonymous Anonymous said...

Adderall [url=]Adderall [/url]
Purchase Cialis[url=]Purchase Cialis[/url]
Buy Lorazepam Online[url=]Lorazepam [/url]

December 15, 2012 8:32 AM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

January 01, 2013 6:16 PM  
Anonymous Anonymous said...

Cialis Without Prescription [url=] Cialis[/url]
cialis[url=] buy cialis online [/url]
Cialis Online [url=]Buy Cialis Online [/url]

January 04, 2013 8:03 PM  
Anonymous Anonymous said...

top [url=][/url] check the latest [url=]las vegas casino[/url] manumitted no deposit reward at the chief [url=]online casinos

January 07, 2013 5:14 AM  
Anonymous Anonymous said...

Purchase Cialis[url=]Purchase Cialis[/url]
Oxycodone [url=]Oxycodone [/url]

January 18, 2013 1:01 PM  
Anonymous Anonymous said...

Cheap Viagra[url=]viagra [/url]

January 29, 2013 8:44 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 20, 2013 10:44 AM  
Anonymous Anonymous said... viagra asd [url=] viagra Online [/url] asda viagra asd [url=] viagra Online [/url]asda Buy viagra asd [url=] Buy viagra[/url] asda viagra asd [url=] viagra [/url] asda Buy viagra asd [url=] viagra Online [/url] asda viagra Online asd [url=] viagra [/url]asda viagra asd [url=] viagra Online [/url] asda viagra asd [url=] viagra[/url] asda viagra asd [url=] viagra [/url] asda


May 18, 2013 3:54 AM  
Anonymous Anonymous said...

<----- Opening Spinn
phentermine, [url=]phentermine[/url],

phentermine, [url=]phentermine[/url],

phentermine, [url=]phentermine[/url],

phentermine, [url=]phentermine[/url],

phentermine, [url=]phentermine[/url],

phentermine, [url=]phentermine[/url],

May 20, 2013 6:01 AM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

May 20, 2013 9:16 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

May 22, 2013 11:55 PM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

May 29, 2013 3:30 AM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

Closeing Spinn ----->

May 30, 2013 10:52 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

June 10, 2013 7:19 AM  
Blogger 柯云 said...

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
replica rolex watches
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
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 7:51 PM  
Blogger dong dong23 said...

coach factory outlet
true religion
ray bans
longchamp bags
longchamp outlet
replica watches
giuseppe zanotti sneakers
christian louboutin outlet
nike basketball shoes
jordan 3 infrared
michael kors outlet clearance
polo ralph lauren
juicy couture
adidas originals
coach outlet
timberland boots
toms shoes
louis vuitton outlet
jordan 8s
north face outlet
michael kors outlet online
coach outlet
coach canada
kate spade handbags
ralph lauren sale
lebron james shoes
louis vuitton outlet
coach outlet store online
michael kors outlet clearance
michael kors purses
lebron james shoes 13
tory burch flats
ray ban sunglasses
toms outlet
kobe bryant shoes
cheap jordan shoes
ray ban outlet
louis vuitton bags

July 07, 2016 3:13 AM  
Anonymous Buy Painkillers Online said...

Buy Painkillers Online, for example, Codeine, Hydrocodone and Morphine from a completely Controlled US Online Specialist Office.

January 10, 2018 1:28 AM  
Blogger Edward Hales said...

If anyone of you is looking to Buy phentermine online the best diet pill can easily purchase it from here w/o prescription.

January 11, 2018 2:29 AM  

Post a Comment

<< Home