Rule of Law embedded in 1987 Constitution Preamble, can't let it go right out the window; Tagumpay ng Bayan

Rule of law, rule of man, 

why do we mix them

all the time?

Rule of Man exists in a society where a person or a group of persons rules arbitrarily. He, she or such a group is not bound by any law and as such, unashamedly propagate the idea that such a person or group is simply outside or above the law. Dictators, based on histories and our own Philippine experience, impose this system. We now know that this may involve suspending an entire Constitution, or coming up with a tainted one, dissolving Congress and assuming absolute power. Curfews, suspension of civil law, civil rights, habeas corpus and the application of military justice to civilians characterize this system.

LAW by Frederick Dielman (1847-1935)

The 1986 People Power Revolution had its beginnings in August 1983 with the assassination of Ninoy Aquino. This peaceful revolution culminated on February 25, 1986, a Filipino revolution against that oppressive Rule of Man in the Marcos era that lasted for about a decade and a half. It was an active, nonviolent resistance against a regime of violence, crony capitalism, corrupt governance and most especially, electoral fraud.

On February 16, 1986 the opposition held a huge rally in Luneta attended by more than a million people. That was the day after the KBL-controlled Batasang Pambansa proclaimed Marcos as the duly elected President in a snap election - an election marked by massive irregularities, violence, terrorism, intimidation, vote-buying and fraud committed by KBL as documented by foreign observers, the opposition and what was then hailed as the free alternative press hated by the power that was.

I was in that Luneta rally, dubbed "Tagumpay ng Bayan", (its anniversary today), in long-sleeved yellow shirt I had also worn in many other Cory rallies. That event marked the announcement by Cory of her civil disobedience campaign. There, the mammoth crowd stood completely hushed to hear what Cory Aquino had in mind that, gazing at her, I couldn't help thinking then that an extremely massive aura must be emanating from the lady's entire being. 

In that magical moment, no one seemed willing to miss a single word she'd utter, the multitude stood still in absolute silence.

Her speech was brief, simply aimed at ending the Marcos rule by calling for a new kind of peaceful revolution through a non-violent, sustained civil disobedience campaign that involved a boycott of institutions and big business companies identified with Marcos and his cronies.

A regular  Sunday concert at the Park at the
Rizal Park Open Air Auditorium

The people dispersed immediately soon after, in a very orderly and peaceful manner. Passing by the park's open air auditorium, there was this Sunday concert going on with hardly anyone watching, being telecast live by MBS-4, the state owned and controlled TV-station. I instinctively cupped my mouth with my hands and let out a booming "Booooo"! I knew exactly would happen next - the people going home from the rally would follow suit, and they in fact did, until a deafening roar completely drowned out the poor singer (a male foreigner dishing out a Filipino song). He stepped right back, cut his ballad, sheepishly grinned and beared it all. 

With Cory's political call to arms still very fresh in their mind, some of the rallyists boldly ran to occupy center stage to face the TV cameras with big smiles as they boldly flashed the L-sign. The telecast was aborted in no time at all.

I was beaming on my way home, a nameless instigator of that spontaneous, early expression of peaceful, non-violent civil disobedience occurring no more than 10 minutes following Cory's decisive call to execute her plan of finally bringing down the rule of man that way.

On February 25, 1986, the People Power Revolution then came to pass. By August, Cory, the new President, created a Constitutional Commission to institute a new one that marked the end of martial rule and to strengthen the new democracy of the Filipino people. She made it clear - her job was, first and foremost, to restore our democratic institutions.

Thus, in contrast to the oppressive rule of man the said Constitution institutionalized the concept of the Rule of Law. The rule of law as a system in which no one, no group of persons, including government or any of its instrumentalities, is above the law. A system of governance based on non-arbitrary, non-whimsical rules as opposed to one based on the power, whim and caprice of a person or group of persons.

"The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials."

That sacred Constitution was then ratified on February 2, 1987 in a plebiscite. It allocated governmental powers among the executive, legislative and judicial branches of government with the President exercising executive power, Congress (the Senate and the House of Representatives), exercising legislative power, and the Supreme Court and the lower courts created by law exercising judicial power.

On the drafting of that historic document, one thing was sure. The framers of the 1987 Constitution, drawing lessons from our nation's rich history, its unique culture and from our loss of rights and liberties during those dark years resolved, among others, that the concept and principle of the Rule of Law is firmly embedded, this time, in the Preamble. The Preamble as the introductory part of our Constitution that explains its purpose and underlying philosophy. 

It should not come as a surprise then that the 1987 Constitution is the only Constitution in the world that engraved in marble the rule of law in its preamble we all should commit to memory:

                                                  PREAMBLE

"We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution."

Meanwhile, the Cory government was besieged by many coup plots during that period. So, as one who had been taught in his early youth about love of God and country, and remembering a popular quote in those days about asking "what you can do for your country", I felt I was in a position to do something that could be some deterrent, in a very unique way, to further coup-coup plots against Cory's government.

What I had in mind wasn't based on wishful thinking. While local media, that was truly free for the first time in many years, was euphoric and there was so much noise that the Filipino people should be awarded the Nobel Peace Prize for the historic People Power Revolution, I simply knew that would not work.

So I ventured into making a move, got into contact with people I knew would be interested in a Nobel-Peace-Prize-for-Cory idea and in pursuing it seriously. Cory had become an Icon of Democracy to the whole world. She was not a long shot for that prestigious prize for the year in question, 1987. I've in the past posted here and here some details of my active involvement on that initiative with a small, quiet group led by the late former Senator Raul Manglapus - and why and how Cory, the top favorite, didn't get it, was robbed of it in the end.

So why, at this point in our national history, 27 years after ratification of our Constitution, should there still be some question in upholding the rule of law? Like, why does a certain group of legislators cry like small children after having lost their pork barrel, call members of the judiciary 'despotic' for decisions the Supreme Court has made on that issue, threaten them with impeachment? Why does Congress continue to ignore final judicial decisions, twist like pretzel and pilipit the law with their own interpretation, even uphold fraudulent, voided, baseless electoral proclamations with impunity, and bully the High Court?

Chief Justice Maria Lourdes Sereno has had her say in black and white - but to no avail! Former Supreme Court Chief Justice Artemio V. Panganiban was even prompted, to recently write then, with due respect, thus:
  

"Rule of law. True, legislators have the right to disagree with the Court. Dissenting justices criticize the majority’s rulings. Journalists do, too. So may any citizen. However, such right is not a license to disobey the Court. 

Indeed, we all have the right to disagree, but not to disobey. This is especially true for litigants who seek the intervention of the Court. They cannot refuse to obey on the guise that, in their opinion, the Court is wrong.

I have many times disagreed with the majority when I was an associate justice. When I was chief justice, I persuaded my colleagues to vote with me during our internal deliberations, but I did not begrudge those who differed from us. Now, as a retired jurist, I have critiqued decisions and “flip-flops.” But I have always honored and followed them.

Yes, congressmen may criticize, attack and bemoan. But I respectfully submit that under the rule of law, they are duty-bound to follow the decisions of the Court, whether they agree with these or not."

     - DIsagree, but not disobey, Artemio V. Panganiban, Inquirer, Jan. 25, 2014

Pilipit. Twisting the law.

Ignore it, let it go

but future generations

will copy you.

 "...the blessings of independence and democracy under the rule of law, and a regime of truth, justice, freedom, love equality and peace..."

It's kind of ironic that President Benigno Aquino III, two years ago, in a speech delivered on the anniversary of "Tagumpay ng Bayan", would ask similar questions in relation to another case yet to be decided then by a court: 

 "Papayag ba tayo na magpatuloy ang sistema kung saan may nanlalamang at nilalamangan? Hahayaan ba nating magkatotoo ang sinasabing dalawang mukha ng katarungan sa Pilipinas — isa para sa makapangyarihan, at iba para sa mga nasa laylayan?

"Kuntento ka bang hindi patas ang laban? Hindi ba sulit na ituwid ang ganitong klaseng kalakaran? ‘Di po ba’t malinaw ang mga alituntuning kailangang sundin ng lahat?"

     - Speech of President Aquino on the Anniversary of Tagumpay ng
                                          Bayan, February 16, 2012.


Tama nga naman! Without following the rule of law, democracy is doomed to fail. And with elected leaders who have vowed to protect the Constitution shamelessly refusing to obey the law, arrogantly disobeying the decisions of COMELEC, a constitutional body, and that of the Supreme Court, the highest law of the land with the sole power to resolve constitutional issues, where then are we going? To the dogs?

Supreme Court decision

May God forbid! For we must never, ever allow such men and women to make a mockery of our Constitution and let it go right out the window. In the end, we must still have faith, our hearts at peace, devoid of any doubt or fear: 

"This is what the LORD says: Do what is just and right. Rescue from the hand of his oppressor the one who has been robbed. Do no wrong or violence to the alien, the fatherless or the widow, and do not shed innocent blood in this place"      - Jeremiah 22:2

"Fear not, for I am with you, be not dismayed, 

for I am your God; I will strengthen you, I will 

help you, I will uphold you with my righteous

right hand" - Isaiah 41:10

1993 Nobel Peace Prize Winner Nelson Mandela
and Icon of Democracy Cory Aquino
Pray for Us!