Gloria's Unbridled Feelings

Ladies and Gentlemen:

You have asked me to speak on the rule of law under the present government. And so, I must oblige.

In our human earthly world, it is said that society is a blessing; that government, in its best, is but a necessary evil; and that, in its worst, government is an intolerable one. That was Thomas Paine speaking many centuries ago. He spoke as if he was foreseeing the present Philippine condition.

Today, in our own country, we have a government that is perhaps the most wayward in our history and the least observant of legal norms. It has repeatedly violated the rule of law -- that basic principle of justice and freedom in a democratic society that stands "between us and the tyranny of mere will and cruelty of unbridled feeling," to borrow the words of that eminent jurist, Justice Felix Frankfurter, of the United States Supreme Court.

Indeed, even Gloria Macapagal Arroyo's ascent to the presidency was a product of a direct assault against the Constitution. She gained her position not from a freely given mandate of the people. She used violence and might, not law, to attain political power.

So that she would become president of the country, she conspired with others to unseat a duly elected President of the Republic with the use of illegal force. This conspiracy was executed and accomplished while an impeachment trial -- a legal process directed by the sovereign people in the Constitution -- was going on. And this conspiracy was done in gross violation of her Oath of Office as the Vice President of the country at the time "to preserve and defend the Constitution."

As President of the country, she committed the Philippines to a condition of war against international terrorism and terrorists and against Iraq in gross and culpable violation of the Constitution.

She did this without any authority from the Congress of the Philippines, which has the sole power and authority to declare the existence of a state of war against any international persons or groups.

She justified her decision and action under the guise of her supposedly self-serving role as the architect of our foreign policy.

Consequently, she spends public funds to implement her decision and action without any specific authorization or appropriation from Congress.

Because of her improvident decision and action, she has also endangered the lives, property, and livelihood of many Filipinos here and abroad.

Gloria Macapagal Arroyo, even if she is president and the architect of our foreign policy, has no power to commit the country to a state of war against any country without any authority from Congress.

Only Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war against any international enemy of the Republic.

This is the unequivocal mandate of Section 23, Paragraph (1) of Article VI of the Constitution, which says, "Sec. 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war."

In fact, it is a cardinal principle of our Republic that the "Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations." (See Section 2, Article II of the constitution)

Nowhere in the Constitution is there any authority vested on the President to commit the country in a state of war against any country or any international entity.

In brief, Gloria Macapagal Arroyo, as president and as an architect of foreign policy, is at the moment unauthorized to take any action or make any decision or statement that provokes or tends to provoke or gives occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property.

The Revised Penal Code punishes any act of "inciting to war or giving motives for reprisals" against us or against our nationals. The sanctions are the heavy prison penalties of reclusion temporal for public officers and employees, and prision mayor for private individuals, "who, by unlawful or unauthorized acts, provokes or give occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property."

The Revised Penal Code provides the following: "Article 118. Inciting to war or giving motives for reprisals. -- The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individuals, who, by unlawful or unauthorized acts, provokes or give occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property."

The penalty of prision mayor is 6 years and 1 day to 12 years, while the penalty of reclusion temporal is 12 years and 1 day to 20 years, of imprisonment.

In bringing this matter before the people, I am not saying that I am against any assistance to the United States. No. I am in favor of helping the United States.

But, in helping the United States, we must not violate with impunity our Constitution and laws.

And especially for Gloria Macapagal Arroyo, she must observe her oath of office "to preserve and defend its Constitution, execute its laws, etc." and her constitutional duty that as president she "shall ensure that the laws be faithfully executed." (See Section 5 and Section 17 of Article VII of the Constitution)

Gloria Macapagal Arroyo made another culpable violation of the Constitution. She violated the time-honored principle of separation of powers.

She unilaterally abolished certain legally created and organized government instrumentality, like the Public Estate Authority, which Congress alone has the power to create and dissolve.

She also wanted the government to take over the operation of the NAIA Passenger Terminal III and unilaterally declared the PIATCO contract invalid and void. Only a court of law has the power, in a proper case, to declare a contract invalid, annulled, and unenforceable.

She has capriciously, arbitrarily, and without due process removed from office career civil service employees, who are protected under the Constitution and civil service laws from removal from their positions except for cause as may be provided by law.

Gloria Macapagal Arroyo has prostituted the promotion system of the Armed Forces of the Philippines through favoritism and thus violated the principle of professionalism in the military service, which was one of the main reasons for the Edsa Revolution of 1986.

She has not also fulfilled her Oath of Office "to faithfully execute the laws."

Contrary to law, she has appointed more than the number of undersecretaries authorized by law for certain line departments of the Executive Branch of the government. She has also appointed more than the number of commissioners authorized by law for certain agencies of the government.

In culpable violation of her constitutional Oath of Office "to do justice to every man," she has paraded over television screens persons suspected of having committed crimes and thus violated their rights to due process.

She has allowed a citizen of the Republic, Ronald Lumbao, to languish in jail when she spared others similarly situated like him from prosecution for rebellion because of Edsa III.

Under her, the full might of the judiciary is being used to advance her personal agenda and at the same time to discredit, demonize, cow, and immobilize her rivals, enemies, and critics.

Under Gloria Macapagal Arroyo, fellow Filipinos are being persecuted as terrorists and bartered for promised foreign aid and protection, none of which has been fulfilled.

To end this discourse, let me summon some eloquent and memorable words from one of Abraham Lincoln's many famous speeches and leave them with you.

"Let reverence for the law," according to Abraham Lincoln, "be breathed by every . . . mother to the lisping babe that prattles on her lap; let it be taught in schools, seminaries, and in colleges; let it be written in primers, spelling books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation, and let the old and young, the rich and the poor, the grave and the gay of all sexes and tongues and colors and conditions sacrifice unceasingly upon its altar."

Statement of Hon. Juan Ponce Enrile before the Citizens' Caucus held on 20 February 2003, at the Kalayaan Hall of Club Filipino, Greenhills, San Juan.