Tag: 1987 Constitution

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Sa Pahayag ng Pangulo na Walang Nangyayari sa Senate Inquiries

Hindi dapat paniwalaan ng mga Pilipino ang pahayag ng Pangulo na walang nangyayari sa mga imbestigasyon na ginagawa sa Senado. Maraming batas na pinakikinabangan ng taumbayan ang naipasa namin dahil sa mga inquiries at imbestigasyon na isinagawa namin.

Magbasa rin muna siya tungkol sa doktrina ng Separation of Powers at Checks and Balances ng Ehekutibo, Kongreso at Hudikatura bago niya kami pakialaman sa Senado.

Sa halip, asikasuhin niya ang mga kakulangan ng sangay ng gobyerno na kanyang pinamumunuan na hitik sa incompetence at corruption, hindi lang sa pagtugon sa pandemya kundi sa maraming aspeto ng governance.

Kaya hindi nakakasuhan ang ilang matataas na opisyal na naging subject ng pag-iimbestiga namin ay dahil ipinagtatanggol niya sa halip na makasuhan.

Hindi trabaho ng Senado ang magsampa ng demanda. Trabaho ng Executive Branch iyon. Judiciary naman ang magpapakulong. Mahirap bang i-memorize yan?

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On the Retention of Lt. Gen. Parlade as NTF-ELCAC Spokesperson

Since the time the NTF-ELCAC was created, being the principal sponsor of their annual budget, I have been their most reliable ally in the Senate – until now.

That said, there’s no point discussing, much less arguing with people who refuse to listen to reason and adhere to the rule of law. The Senate as an institution has made our collective and legal position on the issue of the appointment of Parlade as an active military officer in a civilian position – which the Constitution clearly proscribes.

All I can say is: They made their choice, and it will cost them.

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On Sec. Esperon’s Review of Lt. Gen. Parlade’s Fate as NTF-ELCAC Spokesperson

NTF-ELCAC vice chairperson Sec. Hermogenes Esperon Jr. should just read Article XVI, Sec 5, paragraph 4 of the 1987 Constitution when he decides on the fate of Lt. Gen. Antonio Parlade Jr. as NTF-ELCAC spokesperson. He may not even need one week to review.

The said provision in the Constitution is clear: “No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries.”

As such, Sec. Esperon and Malacañang’s legal staff can simply ask themselves the question: is NTF-ELCAC a civilian office or a unit of the AFP?

Meanwhile, Art. XVI, Sec. 3 of the Constitution also decrees that the armed forces shall be insulated from partisan politics. As such, “no member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.”

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On the ‘Gag Order’ on the NTF-ELCAC’s Spokespersons

The issue goes beyond the attacks issued by Lt. Gen. Antonio Parlade Jr. on the organizers of community pantries as well as against the members of the Senate. A temporary ‘gag order’ is thus not the appropriate response.

In the first place, as an active member of the Armed Forces of the Philippines, Parlade “cannot be appointed or designated in any capacity to a civilian position in the Government,” according to Art. XVI, Sec. 5, Paragraph 4 of no less than the 1987 Constitution.

That said, the AFP/DND should have heeded the call of the Senate to immediately recall him back to the AFP more than a month ago. He should be censured for dabbling in politics instead of just focusing on his inherent mission as commanding general of the Southern Luzon Command – that is, to fight threats such as terrorism and insurgency.

Meanwhile, as far as Undersecretary Lorraine Badoy is concerned, her political statements are her and the NTF-ELCAC’s responsibility to the Filipino people.

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On the Claims by Sec. Salvador Panelo on the PH-US VFA

It is a no-brainer that my friend from way back, Salvador Panelo, being a member of the President’s Cabinet, will defend him, right or wrong. Hence, I’m willing to give him enough leeway.

That said, Art. VII, Sec. 21 of the 1987 Constitution is clear and unequivocal on the participation of each and every Senator in voting for or against the ratification of a treaty or international agreement, which the PH-US Visiting Forces Agreement is.

In fact, official records of the Senate will tell us that the vote on May 27, 1999 was 18-5, without which the same would not have been valid and effective.

More importantly: Whether or not an international agreement or a treaty has already been made valid and effective, it is still wrong to assert that a sitting senator and even an ordinary citizen of this country has no more freedom to express his opinion with something that concerns our national interest.

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