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Rule of Law or Mob Rule?

Election day is today May 9. The surveys have been consistently predicting a Marcos victory of record proportion. The opposition continues to outdo itself in being stupid, by continuing to foist Google Trends and social media analytics to show they are leading somewhat, somewhere, in a sign of utter desperation. They do not want to accept the reality that they will be defeated.

The diehards are frothing at the mouth threatening “people power” again citing the supposed “record number” of attendees to their rallies in various parts of the country. Recall how this was also the case in the “EDSA Revolution” where the Marcos’ were ousted in a civil-military coup backed by the US. This has been the source of division among Filipinos since 1986 and continues to today because the opposition’s narrative is still the same thirty-six years after.

It begs the question now, who is actually for the rule of law and who is for mob rule? Ferdinand Marcos declared martial law under the 1935 Constitution which allowed it. As a lawyer, Marcos covered all of his bases with extensive legal work going in the framework of martial rule with various Letters of Instruction and General Orders being issued. This was largely under the supervision of Marcos himself, Juan Ponce Enrile and Estelito Mendoza, who formed his legal brain trust.

Throughout Marcos’ twenty years in power, there was never a time he went outside of the boundaries of the law. Every move he undertook was guided by the law. In contrast, the declaration of the revoultionary goverment by Cory should have had no basis in law if she took her oath of office under the 1973 Constitution, under which, she and Marcos both ran in the 1986 snap election.

The Supreme Court was effectively neutralized with Cory’s appointment of a new Chief Justice. The legal team of Marcos also did not bother to challenge the legality of her actions seeing as how it would be futile considering Aquino had the backing of the military.

This has always been our problem as a country. We are not lacking in laws but what we are lacking in is enforcement and adherence to the law. Have you ever seen any constitution where the use of extra-legal means to change the government is encouraged and condoned? Look at what happened in 2001 with “EDSA 2.”

Joseph Estrada was ousted in another civil-military coup. The Chief Justice of the Supreme Court had to invent the doctrine of “constructive resignation” to justify Gloria Macapagal Arroyo’s assumption to the Presidency. No questions were raised because it was for the “good” of the country and the Filipino.

Foreign investors shy away from the Philippines because of this mindset and actual practice in the bureaucracy. The same perception is true with the justice system which is why we are not as progressive as our ASEAN neighbors Singapore, Malaysia and Thailand.

The case of Leila De Lima is another example. Two witnesses have recanted their testimonies. The Vice-President, herself a lawyer, is calling for the release of the detained Senator. This is without any respect for due process of law. De Lima’s case is pending before a court. Is it not imperative that the case follows its due course and the decision be made by the Judge hearing the case instead of the demand for the dismissal of the charges filed against her?

Ferdinand Marcos Jr. filed an electoral protest against Leni Robredo. For the past five years, he has adhered to the due process of law. The case has been dismissed by the Supreme Court sitting as the Presidential Electoral Tribunal. He is now running for President is subjecting himself to the judgment of the Filipino people.

The same is true with other members of his family who are facing a slew of cases filed by the PCGG. These are mostly civil cases for the recovery of assets on the claim that they are ill-gotten wealth. It is interesting to note that the PCGG has never filed a case against any other goverment official, in its existence, except for the Marcos family and their cronies. Does this mean only they are corrupt?

What does it say about the opposition that no one bothers to question their acts when they are in power? The impeachment of Joseph Estrada and Renato Corona, the arrest and detention of Gloria Macapagal Arroyo, Juan Ponce Enrile, Jose Ejercito Estrada and Ramon Revilla Jr., are all politically motivated. These charges were filed during the Aquino administration under then Secretary of Justice Leila De Lima. All were acts of political vendetta by PNoy who wanted to clear the path for a Mar Roxas victory in 2016 by sidelining candidates who were looking at either running for President or Vice-President.

It is about time that we have more respect and adherence for the rule of law. Let us make it a point to vote for candidates who have a similar mindset and not those who continue to use whatever is convenient for them when they find themselves on the wrong side of the law or to force through what they think in their own judgement is for the good of the country and its citizens when in truth and in fact, it is only for their own benefit.

The opposition should respect the voice of the people. All this talk of “people power” in the event of a Marcos victory does not do any good for the country and its citizens as a whole.

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