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| ON THE OTHER HAND |
| Caretaker Government By Antonio C. Abaya Written July 12, 2005 For the Manila Standard Today, July 14 issue Given the current impasse, the most benign solution that I can see to the present crisis is for President Arroyo to remain as president, but effectively relinquishing power, in a voluntary act of �self-sacrifice,� to a caretaker (transition, revolutionary) government until a shift to a unicameral parliamentary system is effected. At that point, VP Noli de Castro, if he so wishes, can succeed her as president. In a Westminster-type parliamentary system, the president (or monarch) is only a ceremonial head-of-state, with no executive powers. Who should make up this caretaker government? From the numerous players and would-be players now jockeying for position, I would favor those individuals with a) the least connections to our sordid past and present, and b) the widest appeal to the different sectors that make up Philippine society. Many will disagree with some or all of the names in this list, but just to get the discussion going, I am willing to go out on a limb for. a) Susan Roces, widow of FPJ who got at least 40% of the votes in May 2004, and extremely popular in her own right with the under-classes, an important consideration if we want to restore faith in government among the marginalized sectors; b) Evangelist Eddie Villanueva, whose share of voter support in 2004 zoomed up from just one percent to six in only five months, a phenomenal increase that suggests a much wider constituency, especially among the middle-class, aching for the righteous leadership so sorely lacking in our society; c) a prominent and respected businessman, such as Jaime Augusto Zobel de Ayala, to represent the business and professional communities; d) a high-ranking member of the Catholic Bishops Conference of the Philippines, to represent not just the Roman Catholic Church but all other major religions as well; e) the Chief-of-Staff of the AFP, ex-officio, representing both the military and the police, to guarantee law and order during the difficult transition period. Each of the five members will name five non-voting deputies, drawn from as many regions as possible to achieve the widest possible geographic representation. In addition, the member from the CBCP will choose as his deputies representatives of the Muslim, Iglesia ni Kristo, mainstream Protestant and Aglipayan faiths. And the AFP COS will name his deputies from the police, army, navy and air force, plus a retired general or admiral. This group of 30 men and women (5+25) will make up the governing council. It will be aided by a Consultative Assembly of about 400, in lieu of the present Congress, to be made up of representatives of various organized sectors: labor, peasants, urban and rural squatters, professionals, entrepreneurs, educators, women, government employees, students, academe, the Bangsa Moro, the Cordillera people, the different political parties, the communist movement, overseas workers, the commercial and industrial federations, the Filipino-Chinese community, etc. For practical purposes, this Assembly has to be subdivided into economic, social and political clusters. An advisory Council of Elders may also be formed, to which will be invited former presidents Aquino, Ramos and Estrada (in detention), as well as such wise men and women as Jovito Salonga, Washington Sycip, Bienvenido Tan, Cecilia Munoz Palma, Fortunato Abat and former Supreme Court Justice Isagani Cruz. The main tasks of the Caretaker Government will be a) to draft a new Constitution (which includes a shift to a unicameral parliamentary system) through a body formed for that purpose in the Consultative Assembly; b) to prepare for parliamentary elections under a thoroughly revamped Comelec and under revised electoral rules, including more stringent minimum requirements, even qualifying exams, for candidates for all offices, and the use of a mandatory electronic voter�s ID and computerized voting machines where conditions allow. The Caretaker Government should also state that as a matter of policy: a) It will mandate 90-day continuous trials, with no delays and postponements, for all high-profile corruption cases, including those against Joseph Estrada, members of the Marcos family, Generals Garcia and Ligot, Col. Rabusa and others that it may choose. The entire judicial system will be overhauled to root out corrupt judges and justices. b) It will democratize the electoral system by dismantling family dynasties and free the system from the grip of Big Money, which is the biggest single cause of corruption in government, by channeling all campaign propaganda through a specialized Comelec agency to be formed just for that purpose It will penalize and discourage political turn-coatism by disqualifying those who change parties from running for any office in the next elections. c) It will retain or reinstate most the economic managers of the Arroyo Government for at least one year, in order to minimize economic instability and business dislocation. I made this suggestion in my column �Creating an Alternative� (July 05). A few days later, most of them resigned. The suggestion still stands. d) It will form a delegation, to include the Freedom from Debt Coalition, to negotiate with international creditors for partial debt relief or debt restructuring in order to ease the debt burden. e) It will launch a massive socio-economic program centered on low-cost housing for the poorest of the poor, coupled with an invigorated cooperative movement to provide them with gainful employment. All of the above, of course, are offered merely as starting points for discussion and are not presumed to be definitive or complete in any way. Is Revolution Constitutional? The fearless lawyer Frank I. Chavez, who filed Plunder charges against Maj. Gen. Carlos F. Garcia, Lt. Gen. Jacinto Ligot and Lt. Col. George Rabusa this year, and against President Gloria Macapagal-Arroyo last year, argues persuasively that a revolutionary transition government is constitutional. On this Bastille Day, the 216th anniversary of the French Revolution, the following excerpts from his paper are reproduced. Wrote Chavez: �The Constitution states that the President shall be elected by direct vote of the people. Meanwhile, the constitutional ways by which a vacancy is created, namely, death, permanent disability, resignation and impeachment proceed on the assumption that the sitting President has been legitimately elected. When a President�s fraudulent �election� into office is in fact the very basis for removal, none of those modes come into play. �Under this scenario, when a transitional power fills the void to remedy the systemic violation of the Constitution, it does not act under an unconstitutional authority because the Constitution itself provides for this. �It must be emphasized that the fundamental law, the very (1987) Constitution which is to be upheld was itself a progeny of a Revolutionary Government. ���it is without doubt that the Aquino Government assumed power through means which were not expressly provided by � and even contrary to � the 1973 Constitution (the Constitution effective at that time). In other words, the Aquino Government was placed into power by �extra-constitutional� means. And through extra-constitutional means, the present Constitution was crafted and eventually ratified. ��..In 1986, the Supreme Court, in ruling that the question of legitimacy of the Aquino Government was political in nature and cannot be reviewed by the said Court, stated that the Aquino Government was the result of a successful revolution. The Supreme Court further held that revolution is �AN INHERENT RIGHT OF THE PEOPLE to cast out their rulers, change their policy or effect radical reforms in their system of government or institutions by force or a general uprising when the legal and constitutional methods of making change have proved inadequate or are so obstructed as to be unavailable.� ��..That a revolutionary government is not necessarily unconstitutional finds basis in the Constitution itself. According to Section 1, Article II of the 1987 Constitution, �The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.� �The quoted provision clearly recognizes the right of the people to stage a revolution, albeit implicitly. Since sovereignty resides in the people, the people should be able to overthrow any government whom they have lost faith in�� �When the people revolt and demand a change in government, their action cannot be deemed unconstitutional. The people would be merely exercising their right of sovereignty in withdrawing that authority which they delegated to their leaders. When they do, the act of dislodging their leaders in government is not in violation of the Constitution but is in fact a cathartic act of upholding the purity and majesty of the Constitution which had been defiled, debased and desecrated by their leaders�..� As a non-lawyer, I can only add that constitutions, like history, are always written by the victors. No one defers reverentially anymore to the Malolos Constitution or, in Russia, to the Soviet Constitution, except out of nostalgia or as a historical footnote. So will it be with the 1987 (Cory) Constitution when all this is over. ***** Reactions to [email protected] or fax 824-7642. Other articles in www.tapatt.org OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO |
| Reactions to �Caretaker Government� Oh, for heaven's sake, Mr. Abaya - Susan Roces? This will be akin to paving the way for and even giving a ribbon-wrapped gift package to those who are lurking in the perimeters, and who would want to be the powers behind the throne or in other words, to be the puppeteers controlling the strings should unqualified individuals become president. Antonio B. Elicano, [email protected] July 14, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Excellent piece! Lydia B. Echauz, [email protected] President, Far Eastern University July 14, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony: The concept of a Caretaker Government and PGMA sitting like the Queen of England is too tempting to resist in these hours of desperation, when we know not the time and date, the masses and armed forces will rush down EDSA or Mendiola - thank GOD they are confined to Binay's Makati CBD of Ayala and kept in their citadel camps! If as you suggest this is a Caretaker Government that will prepare the transition to a UNITARY PARLIAMENTARY GOVERNMENT, then we don't need that many (400 Consultative Assembly) - a 30 member interim government of morally upright, intellectually qualified and patriotic group is more than enough to guide us through this Wilderness - they can get 400 deputies if they so require, but The 30 Elders will be accountable to the Filipino Nation. A Babel of 400 is not my choice. After the change over to unitary government, let us elect 400 Parliamentarians sitting as one body, not like our puerile House and Senate bickering over inanities, forgetting us the People as their ultimate ward and master! Mabuhay ang Bayang Filipino! Rene Tababa, [email protected] July 14, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, Yes, some ideas are good and some are probably not practical BUT we never put all those "plunderers" in jail and all of them (family and cohorts) from Marcos time till now that stole from the government are still walking the streets and making more money with the money they stole. In the meantime the poor are made to bear the brunt. All that we have are governments of "MY TURN NOW". And that is what will happen till our attitudes changes towards loving our country and country men more and ourselves less. All we may be doing with your scenario is having to bake a bigger cake for more people to eat (steal ) from. That bigger cake will mean more taken from the poor. Best regards and keep up with you mission, Charles B. �Guy� Rodriguez, [email protected] Sydney, Australia, July 14, 2005 MY REPLY. So what do you suggest? One�s criticism of anything should only be as good as the alternative that one offers. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Mr. Abaya, With all due respect, don't you think the creation of a so-called transition or caretaker government will just complicate things and further dampen our country's image as a democracy? Although there is a PET case against VP de Castro, he is still officially the successor of the President if she steps down as he was duly elected by the people to do that under our Constitution. I don't really care whether he, individually, has the competence to run the government as I am sure he can seek the help of several advisers when he takes over. What I do care about is that, with this political crisis, we should all seek all possible constitutional means to resolve it. Needless to say, we don't have to browse through the Constitution forever as the "most benign" solution to me is NOLI. Susan Roces? What can she contribute to running this country? Cory Aquino? To me, she has lost her credibility when she made public her call for Pres. Arroyo to step down because "impeachment will further divide the nation" (or something to this effect). She's against changing the (Cory) Constitution and here she is saying that the constitutional means of unseating a president by impeachment should not be undertaken as it will only bring doom to our country. And who should have the right to choose who would comprise this caretaker government. Arroyo? Noli? Congress? I can't think of any which makes sense. I know you're not the only one who has suggested this. But, to me, this is transition or revolutionary is just ridiculous. Personally, I think she should resign. But since Pres. Arroyo, it seems, will not budge to all quit calls, I am definitely for the impeachment proceedings. The opposition lawmakers should strike a deal with Arroyo to divulge who she was talking to during the conversation before they give in to her "suggestion" of an impeachment trial. I know the anti-Arroyo tongressmen and sinators think that the impeachment process is just a bait for her to stay in power because she has the numbers. To me, this is just an excuse by those maka-Erap, maka-FPJ, maka-kaliwa, etc. to grandstand in mass rallies with hopes of furthering their political agenda, and wreak chaos to (further) destabilize the government. As the opposition, they are tasked to initiate an impeachment complaint against her. Why are they not doing it? I think these never-statesman politicians should go to the streets if and only if they have supported the impeachment AND if, during the impeachment investigations, administration lawmakers try to block the proceedings in whatever manner they deem as a plot cover some damaging truth. For the meantime, they should stop being opportunists and destabilizers. Also, Arroyo should convince us that she's clinging to the presidency not for herself. She should assign Noli as the acting president while the impeachment she is asking for is being conducted. Her joining Mike and Mikey in their self-imposed exile will help as well. Where is the law in this country? Sticking to our laws is the most dignified thing we can do right now when everyone around the world are laughing at us (I feel). We are all part of the problem. It is not only Gloria Arroyo who's responsible for the market decline and fading investors confidence. It is us who never learn to obey the laws of our land. Richard Abalos, [email protected] A student in Singapore July 14, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, If you look at the history of countries with tumultuous governments, peace, sanity, and stability are restored by bringing in a leader who has lived in a western country for years. ((Park Chung Hee of South Korea did not live in a western country, neither did Mahathir Mohamad of Malaysia. ACA) The Philippines cannot rely on its current inventory of local and national leaders to replace GMA because many if not all are corrupt and whose interest is in their pocketbooks. Let's face it, no elective official in the Philippines ever retired in office poorer (than) when he came in. (You�ve never heard of Arsenio Lacson, or Juan Flavier ACA) I thought you should have included in your listings of possible replacements for GMA Filipinos, who have been away from the country for years, to lead the country to the promised land and not to perdition. HOMEGROWNS MUST BE REPLACED BY IMPORTS! Dr. Nestor P. Baylan, [email protected] New York City, July 14, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Why is it that the simplest solution to a "problem" in arithmetic is avoided? Isn't re-counting of the Poll Precinct Ballot Boxes of the May 2004 Elections the simplest solution? PMCSI , [email protected] July 14, 2005 MY REPLY. You obviously do not know that the presidential election canvassing rules, to which all parties agreed beforehand, do not allow for the opening of ballot boxes, only the certificates of canvass from the municipios and provincial capitols. Ballot boxes may be opened and the ballots recounted only when there is an electoral protest. But the protestant must pay P50 per ballot box opened. The backers of FPJ were prepared to raise several million pesos for this purpose, but he died before the recount could begin. The Supreme Court ruled that his widow, Susan Roces, could not take his place in the protest. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The only thing that a Filipino can very well afford to do at this time is dream. But dreaming and writing an editorial piece at the same time is truly an amazing feat. Filipinos, particularly, politicians and opinion-makers, always have the general tendency to make things more complicated; trying to outwit each other. Will the ordinary people care how the economy is fixed? They only need more basic things as roof on their head and food on the table. How the government will do it is the least of their concern. They are too busy with their daily struggles in life. Those people who more in life, are the ones making all the noise. Why they have the time to do so. We have a lot to learn from the Japanese. Politicians run politics. Business people run economy. Opinion writers, well, who listens to them, anyway. Arnel Serrano, [email protected] July 15, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww For the meantime, I would go for a Government who will bring real chaos and anarchy of the kind that will really jolt a big big segment of our society to the reality of us as a people. Out of that chaos and anarchy will emerge a real leader that our people will tolerate. A real leader who recognizes what we really need. It is too easy now to say that this and that person will be accepted by the people as a leader. But for how long could we accept those persons as our leader. One year, may be two? With the many problems that beset the Philippines both internal and external and no appreciable improvement in our lot is being seen could our people still tolerate those leaders ? Our real problem is ourselves as a people. Our values, our crab mentality, our mental habit, our mahadera media, our educational system that promotes an employment mindset among our students, our Baka Makalusot habit, our Sila Sila, Tayo Tayo , etc. Our young are also exhibiting behaviors that indicate when they are old enough to take over they will be worst than the present grown ups. What we really need is a social transformation, not a new kind of government run by people who grew up in the same culture. The kind of government we have and the people who run that government only reflect the kind of people we are. Without transforming our society and culture what we have in the past we will have again in the sooner future. What we need is a major social transformation that only a major upheaval can bring. In other words let the present regime reign so that the chaos and anarchy necessary to bring about that major social upheaval and social transformation will come. It maybe painful so let it be. It maybe painful as the pain that the Vietnamese during their long struggle, or the Chinese before and during the Mao Tse Tong era experienced , but it brought a new awareness to the people and so let it be. Jorge Matanguihan, [email protected] July 15, 2005 MY REPLY. So, hurray for anarchy and chaos then. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya, Your proposal is one of several possible options that our present political leaders may choose reforming our graft ridden nation. It can work provided all those chosen to lead us will place the interest of our nation first and theirs last. I concur with your idea to expedite the resolutions of all pending cases soonest and without delay. Morality and ethics should prevail over political debts and patronage. Jesse Alto, [email protected] July 15, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, you forgot two important people for the transition. You and me. At least with us it can be a caretaker government not an undertaker government, which translates sometimes (Nemenzo) as "revolutionary condition� (Menshevik style this time). Ross Tipon, [email protected] Baguio City, July 15, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww This is a very sane way to go...Are Filipinos sane enough? Or have our hearts and minds been so polluted over the years that even a colony of ants or a pack of wild dogs have far superior organizational talents? Nonoy Yulo, [email protected] July 15, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya, "Thanks but no thanks!" That was the reaction of many people I asked about your idea of a caretaker government. It has no basis in the constitution and existing legal framework. The only way it will work is if a coup succeeds in unconstitutionally bringing down the president and her legally mandated successors. Who will choose the members of the so-called caretaker government and its replacement legislature? Will it be the politicians, the militants, the civil society, or, God forbid, the bishops? Is it the journalists? If you can answer this question, perhaps your idea might have a glimmer of hope. Keep on brainstorming. Willy Segovia, [email protected] July 16, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya, Your proposal for a caretaker government to be composed of untainted citizens is the best solution to the present political problems, but in my mind, is totally impractical. How will the group be created? It cannot just simply pop out from nowhere. Someone with authority, i.e., sanctioned by the people, must initiate its creation and appoint the members. If the appointment function is left with GMA or congress, the process is doomed. The Supreme Court? I don't know. So, who will initiate? A special election to elect the members of the caretake government? Virgilio Leynes, [email protected] July 18, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Have we hinted Ping Lacson at all? Wonder why I say Ping? Nakakatakot daw !! If I have nothing to be afraid of, done nothing wrong then why should I be scared? Now, let them be scared if they are guilty but we do need an iron-hand in this game of Philippine politics. All the rest are just posing and talking but nothing happens. Let Lacson lead and find out what will occur. Marilu Soriano, [email protected] July 19, 2005 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww A Motherless Nation This documentary was made by Candy Quimpo-Gourlay, a very good friend from way, way back my elementary and high school days. A graduate of the Ateneo de Manila University, she used to write for Mr. & Ms., The Manila Chronicle, Asia Magazine, Filipinos in Europe and many other prestigious publications. She got married to a fellow journalist, Richard Gourlay (a Brit), and has, since then, made her home in London. Blessed with two sons and a daughter, she never fails to come and visit to touch base with her family and friends in Manila. I'm sure many of you can relate to this. Listen to it and weep. Rachelle �Chee� Garcia, MD, [email protected] July 17, 2005 ******************** dear friends, our programme "motherless nation" was broadcast this morning on bbc radio 4. if you missed it you can listen to it online http://www.bbc.co.uk/radio4/progs/listenagain.shtml. just click motherless nation under "M" in the index. with best wishes, candy gourlay This poignant account of Filipino women who leave their families to make money abroad centres on Frances Ocampo and her seven children, who grew up largely without her. Filipino journalist, Candy Gourlay tracks this divided family in London and Manila. Frances describes the pain of long-distance parenting, and the emotions she invests in remitting not just money, but even everyday groceries. Frances' story is put into a larger context by conversations with other Filipino women, including Frances' best friend, Rita. In Manila, Candy talks to Mai Annonuevo, who runs a Atikha, a charity that supports families left behind by the many women who go abroad to work � as well as the women who return after years away. Women work abroad not just because of the money, says Mai, sometimes its the only acceptable way to end a marriage in a deeply Catholic country where divorce is illegal. Candy also meets Frances' family � the children, now grown-up; the relatives who helped look after them at home; and the grandchildren, some of whom she has never seen. Pictured top right is Frances' 18 year old daughter Melody and her baby. Frances' sons and daughters all talk of their admiration for their mother, but one by one they shed tears describing the yearning they feel for her, the trauma they suffered when she first left, and the almost unreal feelings of joy when they were reunited with her four years ago, when she returned for the first time since leaving. It's hard to evaluate the price Frances' children paid for their mother's absence. But all of them, when asked, said they would do what their mother did, and leave their children behind, if they had the chance to make money abroad. Candy Gourlay is a former London correspondent of the global news agency, Inter Press Service (IPS). She was also Manila correspondent of Asia Magazine, a South China Morning Post publication. She was one of the editors of a collection of oral testimonies Woven Memories: Filipinos in the UK (published 2004 by CF Books) Listen to the programme online from 16 July 2005 on BBC Listen Again Radio 4 OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO |