Advocacies
Constitutional Reforms  

 

Pillars of Liberty



Before I proceed, permit me to thank you for this privilege and honor to be your guest today.

For us, the organization of a chapter of Philconsa is an occasion for celebration. We consider it very important and solemn, almost a sacred event. For in doing so, we are in effect setting up a pillar of liberty in our Republic.

And so, please accept my grateful appreciation for making me a participant in this auspicious induction ceremony.

As you know, this is the third time that I occupy the position of president of Philconsa. I was first elected as such in 1978, for a term of three years. Nine years later in 1987, I was again elevated to the same position for one year. Fifteen years after, I was unanimously chosen on January 8, 2002, to head the Association once more.

During my first term, I was at that time the head of the Department of National Defense. The country was under martial law. And yet, for whatever reason, the Association chose the Secretary of National Defense to be its president.

In my second term, I was a member of the Philippine Senate. I was then the lone opposition Senator of the Republic. I was thus the voice and embodiment of dissent in the country. I also served as the Minority Leader of one in that chamber then. In that capacity, I stood as a guard of the nation against any arbitrary decision of or abuse of power by the absolute majority of twenty-three other senators even as we were under a revolutionary government.

Now I am the president of the Association in my humble capacity as an ordinary private citizen of our land. As such, I am confident that I will be able to serve the Association and discharge my duties with complete freedom and ease. I am not encumbered or shackled by any limitation or restriction of public responsibility. Nor am I affected or impeded by any burden or interest arising from partisan political life.

And this is, as it should always be. For today, as we gather here to erect a new pillar of liberty, the country is undergoing a perilous journey in History. Given our present national circumstance, it is likely that we, the people of this nation, will meet many serious and difficult challenges against our Constitution as we move forward in time.

And so, as guardians of our liberty, we should not hesitate, rather we should be prepared and ready at all times to take bold, resolute, and unequivocal stand whenever such challenges would arise. Otherwise, we shall render our Association a pitiful, toothless, and inutile sentinel of the Constitution. Worse, we shall make ourselves irrelevant if we act timidly in the face of a clear assault against the Constitution of the Republic.

The weight of our responsibility is felt even more if we scale it against the Association’s unique role as the defender and protector of the Constitution. Unerringly, that role has made us the Praetorians, so to speak, of the general will and freedom of the people.

The responsibility we have assumed is indeed a grave one. For, very often than not, assaults against the Constitution are mostly from the wielders of power of the State, that immensely powerful leviathan, according to the description of the famous English philosopher Thomas Hobbs.

And there is reason to be vigilant and to be apprehensive. For in a span of fifteen years from 1986, this country was already convulsed by three dangerous political upheavals.

Although the upheavals did not result in any serious social pain to the nation and caused very minimal destruction and bloodshed, two of them nevertheless brought about the forcible removal of incumbent presidents from their seat of power.

In two of those three political convulsions, the military was drawn and made to participate in purely partisan political activities. And in both, the military decided the outcome in utter disregard of the Constitution.

The lawfully established procedure to remove a president of the Republic was wantonly set aside. Political and military pressure, planned and executed in a clandestine and conspiratorial fashion, was unabashedly used, instead, because it was thought to be much faster, more practical, and far more effective than impeachment to achieve the desired premeditated end.

In the case of Edsa Dos, the involvement of the military was not done by rebellious enlisted men, much less by disgruntled junior or middle level officers.

A few top generals in the active service did it. They were in command of the military organization. They swore with their sacred honor to defend and protect the Constitution. But they did not. Instead, they mired the honor and violated the sacred tradition of the military organization not to be involved in partisan political competition in total disregard of their obligation of loyalty and obedience to the Constitution of the land.

These top generals were led by the Chief of Staff. He was the highest military commander in the chain of command below the President. But more than that, he was the chief and direct adviser to the President on security and military matters.

Being the number one soldier and the overall commander of the entire military organization of the Republic, the Chief of Staff had the constitutional responsibility and was, in fact, entrusted with the singular duty to protect the Presidency and the seat of state and political power of the nation, if need be with his own life, against any threat from any predatory force or violence.

But the Chief of Staff fell short of his responsibility and duty under the Constitution. Instead of being the defender and protector of the Constitution, he became its aggressor. He was the first to turn his back on his Commander-in-Chief.

With uncharacteristic alacrity — unusual for a well trained and hardened soldier and one instilled in discipline — he cut the chain of command by simply withdrawing, in so many words, his obligation of loyalty and obedience to the duly constituted authority, the president elected by the sovereign people. That was how facile, how swift, how efficient, and how effective the operation was to unseat the duly elected president of the Republic.

There was something definitely wrong in the conduct of the Chief of Staff as a soldier that would merit an adverse description. I am sure he knows it. But I would not make it plain at this time. Let History judge him!

Today, as in the past, we hear once more an ominous sound of political and social rumblings in the land. The people are getting restive. The voices of dissent are growing louder and louder. Men and women, young and old, march in our streets to shout their protest against the uneven handed justice in our society, the violation of their human rights, and the high cost of necessities like food, water, medicine, shelter, clothing, electricity, fuel, and education.

This is especially true in the case of the common people. They are certainly the most affected by the spreading poverty in our society. They groan under the heavy weight of daily living. They are constantly haunted by the specter of scarcity, hunger, disease, and lawlessness. They fear not only for themselves but also for the well being, safety, and future of their children.

The common people are impatient and angry. They demand radical and substantial changes in our political, economic, and social systems. They feel betrayed and abandoned. Government, to them, is no more than a necessary evil. They do not believe anymore in rhetorical promises of a better life. They want concrete results from their leaders and from their government. They want innovative, imaginative, and resolute leadership and governance.

Ayaw na nila na sabihin na “may gloria ang bukas mo.” Ang bukas ay mahabang panahon sa kanila. Ibig nila, ngayon na. Hindi na sila makapagantay. Ang saklolo ay ngayon na, sapagkat gutom na sila! At hirap na sila!

Legions of our common people are without jobs and sources of income. For survival, they are relegated to the role of scavengers in some stinking garbage dumps. Others go out into the streets to sell their bodies for measly sums. Some become denizens of the streets to beg for alms under the sweltering heat of the sun or under the soaking torrent of the rain. The daring and bolder ones become petty thieves, kidnappers, carnappers, robbers, holduppers, and pushers of illegal drugs, if not users themselves.

Our tragic condition does not end there. Our resources have become inadequate to respond to our mounting national decay. Our leaders cannot put their act together. They make contradictory policy statements in addressing national problems. Worse, they are quarreling among themselves while the nation burns. What emerges is the chilling image of an administration that lacks cohesion, unity, deliberateness, and conviction in dealing effectively with our national ills.

But what concerns us more and directly in Philconsa is the increasing insecurity and paranoia of the Arroyo administration. This paranoia has spawned a strong tendency to take legal short cuts, to veer away from a government of laws in favor of a government of man in handling sensitive national concerns.

This is particularly true in the dispensation of justice and in the resolution of competing rights where politics and influence has intruded. There is a growing perception, whether fair or undeserved, that our judicial system has become less than a reliable source of impartial justice.

In the area of law enforcement, human discretion is abundantly employed. Legal rules are ignored if not set aside simply because they are tedious, vague, or time-consuming. Expediency is revered more than reason. It is not uncommon for us to hear these days, even from supposedly enlightened citizens, that the end justifies the means.

To these citizens, never mind the Constitution! Never mind legalities! What is important is to solve the problem. That is the overriding goal. Any means to accomplish that end, whether lawful or unlawful, moral or immoral, is justified and must be used to the fullest extent.

This kind of impatience combined with the growing decay of our society posits a clear and present danger to the Constitution and the civil liberties of the people.

How many times have we seen the time-honored principle of separation of powers among the departments of government being set aside because of eagerness to solve problems expeditiously?

How many times have we witnessed violations of the rights and dignity of our citizens simply because of a wish to impress the public of our seriousness to solve criminality in the land?

With these developments, it is important and desirable for us to be alert. To fulfill our avowed duty to defend and protect the Constitution and the civil liberties of the people, we must watch the moves, actions, and decisions of the government. We must keep our ears to the ground so that we will be abreast with significant events in our national community.

If we detect any violation of the Constitution, we should not tarry to raise our voices in protest. Only thus can we faithfully discharge our mission as guardians of the Constitution and the freedom of the people.

No one can deny that we have a dedicated and committed organization. The courage and patriotism of our members are beyond question.

But for us to be effective in fulfilling our task, we must strengthen our organization. We must expand our membership and extend our geographical reach throughout the land. We must have presence in every town, city, and province over the length and breadth of the Republic.

We must recruit new pillars of liberty. We must tap the large reservoir of young students and professionals of the country. We must infuse fresh vigor and new spirit in Philconsa.

After all, it is the youth that has the greatest stake in the stability of the social order. It is the new generations of Filipinos that shall profit more from the continued reign of freedom in the Republic.

We must also endeavor to educate the people about the Constitution. We must impress upon them how important the Constitution is in preserving their freedom. For the Constitution is the bedrock of our liberty. Mere lip service to the Constitution is not enough.

The people must internalize it, as if it were the Holy Scripture. They must make the Constitution the cornerstone and the main pillar of their political faith.

Unless the people will do that and etch the Constitution in their hearts and minds, liberty will not have a strong root and will not flourish in this land, no matter how much we desire it.

Let us not develop the image of a reactive organization. Let us seize the initiative and assume the lead role in every constitutional issue. Let us be reform-oriented and proactive organization. Let us be in the forefront and be the fearless vanguard in any constitutional reform. Timidity on our part to lead will mean forfeiture and a negation of our preeminent role as the guardian of the Constitution.

Lastly, let me make one thing very clear. We are a political organization. There is no doubt about that. Our mission is to defend and protect the Constitution, and that necessarily commits us to engage in political advocacy.

But we are not going to engage in partisan politics. As an organization, we are not seekers of political power. Neither are we competitors for elective positions. No!

We will simply and actively participate in the discussions of national issues. We will persuade and draw others towards our point of view. That is politics and that is the kind of politics we shall play.

And so, let us pursue our mission. Let us raise the banner of Philconsa. Let us proclaim to the world that we are ready to do battle to defend the Constitution and protect the civil liberties of the people.

Make no mistake about it. There will be difficulties ahead. For, concededly, politics is the most difficult, although the most vital, of the human arts. As the great scientist Albert Einstein said, “Politics is more difficult than physics.”

But, be that as it may, we have to pursue our mission and carry our responsibility with great resolve and dedication as pillars of liberty and defenders and protectors of the Constitution. Otherwise, to paraphrase the noted politician William Benton, our country will “likely die of bad politics than of bad physics.”

Thank you.


Speech delivered by Hon. Juan Ponce Enrile before the PHILCONSA Legazpi City Chapter Induction of Officers on 9 September 2002 at Legazpi City.