Ducky Paredes

”(I)n saying that PP 1017 was constitutional, the Court gave Malacanang a virtual carte blanche to call in the Army any time it pleases, without even the necessity of declaring Martial Law.”

by Ducky Paredes

Yesterday’s Malaya editorial makes the point that, in preparing for Gloria Arroyo’s hopefully penultimate (or even last) State of the Nation Address (SONA), “tanks, howitzers and hand-held armor-busting rockets are definitely an overkill against demonstrators.”
Is this a portent of tings to come, of what Gloria has in store for us? There is constant fear of a Martial Law declaration ala Marcos (“Whereas, in line with their “Regional Program of Action 1972″, the aforesaid lawless elements have of late been conducting intensified acts of violence and terrorisms during the current year in the Greater Manila area such as the bombing of the Arca building at Taft Avenue, Pasay City, on March 15; of the Filipinas Orient Airways board room at Domestic Road, Pasay City on April 23; of Joe’s Department Store on Carriedo Street, Quiapo, Manila, on September 5” and so on). In fact, a lawyer-friend tells me that. At present, there is even no more necessity for a martial law declaration.
In G. R. No. 171409 of the Supreme Court on May 3, 2006, which declared the arrest of Randy David et al as unconstitutional, the Court also ruled that Presidential 1017 was, in fact, constitutional “insofar as it constitutes a call by President Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawless violence. . .. In addition, the provision in PP 1017 declaring national emergency under Section 17, Article VII of the Constitution is constitutional, but such declaration does not authorize the President to take over privately-owned public utility or business affected with public interest without prior legislation.”
The decision goes on to explain the Government Orders that issued in support of PP 1017 to wit: “G.O. No. 5 is constitutional since it provides a standard by which the AFP and the PNP should implement PP 1017, i.e. whatever is ‘necessary and appropriate actions and measures to suppress and prevent acts of lawless violence.’”
There you have it! According to my lawyer-friend, there is really no more need for a formal Martial Law declaration. All that Gloria needs is that there exist “acts of lawless violence” that need suppression and prevention. Is that what all those bombs regularly exploded and discovered are all about?
Yet, that Supreme Court decision was hailed by just about everyone. Senator Francis Escudero hailed the Court for recognizing the administration’s abuse of its exercise of power under PP 1017.
The Alternative Law Group ALG spokesperson Marlon Manuel said: “It is a clear indictment of the repressive acts of the Arroyo administration,”.
Then Press Secretary Ignacio Bunye said Malacanang was glad that the Court upheld the government’s right to “protect itself when under attack.” In fact, in saying that PP 1017 was constitutional the Court gave Malacanang a virtual carte blanche to call in the Army any time it pleases, without even the necessity of declaring Martial Law.
Apparently, from reports from all over on successive bombings of cathedrals and government offices (Joe’s Department Store has long disappeared), “lawless violence” is afoot and growing by the minute, as if this were planned and executed by a group as organized as any army.
If my lawyer-friend is right, Proclamation 1017, Series 2009 could well be just around the corner.
* * *
The Chief Justice for President? You gotta be kidding! It seems to me that this would be like trying to fit a square peg in a round hole.
The report that Associate Justice Arturo Brion received a death threat and brought the matter personally to the Chief Justice and, later on, the CJ then dispatched Brion’s fellow Associate Justice to inquire what this was all about does not bode well for a country that would, in the CJ’s dreams, have him as President, even temporarily, as the Constitution is properly revised and ratified.
This is not leadership in a modernizing and democratizing world. Neither does the CJ’s imperious choice to play in another golf course even as he was invited as a guest by a judiciary group to play in another course point to a person who can handle the presidency.
While it may be allowable for a chief justice to be imperious and snobbish, those are not qualities that will serve him well in any other public office.
* * *
It is sad that the government bureaucracy is unable to help those assembling electric jeepneys. They would like to be granted incentives so that they can expand production,
Trade Undersecretary Elmer Hernandez says that it is too bad that they cannot be granted Board of Investments (BOI) approval and incentives: “To do that they must be a participant of the Motor Vehicle Development Program, which sets a minimum investment requirement for the assembly of local vehicles.”
The Motor Vehicle Parts Manufacturers Association of the Philippines has been producing five to 10 electric jeepneys a month PhuV Inc., its business unit.
Toyota Motors produces an electric vehicle called Prius, which is designed for highway driving. The electric vehicles being produced locally are mainly for use within subdivisions or for short trips to school or the neighborhood supermarket.
The electric vehicles now being produced reduce carbon emissions by 50 percent, and they may be plugged overnight into any electricity outlet to run for up to eight hours the next day. Too bad that the government can not give them any incentives even as it does to imported vehicles that are only “assembled” in the Philippines.
“Assembled” is in quotes since most vehicles imported with incentives come in practically whole and will need only a few hours of “assembly” before they are driven on our streets.
* * *
On Friday, July 10, 2009, the Third Leg of the SMC Senior Tour for members of the Federation of Philippine Amateur Senior Golfers, Inc, will tee-off at the Aguinaldo Golf Course at 6:30 in the morning.  FPASGI President Clyde Fernandez promises a grand time, raffle prizes and good food.
This tournament is exclusive to FPASGI members. If you are 55 or over and are a member of a golf club, you are welcome to join the FPASGI. This Friday’s tournament is also a send-off for the FPASGI team that will be leaving this month for Thailand for the 2009 ASEAN Senior Golf Championship where for the first time in a long while the Philippines has a fair chance of bringing home the bacon.
* * *
“As fathers, we need to be involved in our children’s lives not just when it’s convenient or easy, and not just when they’re doing well—but when it’s difficult and thankless, and they’re struggling. That is when they need us most.” – Barack Obama
* * *
Readers who missed a column can access www.duckyparedes.com/blogs. This is updated daily. Your reactions are welcome at duckyparedes@yahoo.com

# # # #
hvp 07.08.09)