I really do not know if this is deliberate stupidity or we have just elected the most ill-equipped legislators in the world.
This is the reaction of Atty. Bruce Rivera following the threat of members of the senate minority block it will question before the Supreme Court the imposition of Martial Law.
Recently, the senate voted 15 out 23 in favor of the Martial Law declaration in Mindanao.
The members of senate minority block are Franklin Drilon, Francis “Kiko” Pangilinan, Paolo Benigno “Bam” Aquino IV, Risa Hontiveros, Leila de Lima and Antonio Trillanes IV.
If the members of the senate minority block decides to make good of its threat, Atty. Rivera said this will plunge the country into a constitutional crisis.
Note that the 1987 Constitution has basically two checks and balance to the executive power of declaring martial law.
Atty. Rivera warned a constitutional crisis occurs when one of the two branches of power asserts its supremacy over the other.
Confused? Let me yield the floor to Atty. Rivera and let him do the explaining.
ISN’T IT AMAZINGLY…STUPID
The Senate Minority Bloc has threatened that it will question before the Supreme Court the imposition of Martial Law. I really do not know if this is deliberate stupidity or we have just elected the most ill-equipped legislators in the world.
Wait, let me explain!!!
The 1987 Constitution with all its magnified glory has basically two checks and balance to the executive power of declaring martial law.
First, the legislative (Senate and House of Representatives) can overturn the declaration with a majority vote of both houses voting jointly. The term “voting jointly” is by itself ambiguous. Do we add the 23 Senators plus the more or less 270 Congressmen and get the majority or determine the majority of both houses separately? Second, the judiciary can question the imposition of martial law by any petition filed by any person.
Why is this? Because the executive, legislative and judiciary are CO- EQUAL branches of government. However, what the framers of the 1987 Constitution failed to anticipate is that the two safeguards will actually cause a constitutional crisis if both the legislative and judiciary will assert its supremacy. And what these five loonies are trying to tell us is simple: THEY ARE READY TO PLUNGE THIS COUNTRY TO A CONSTITUTIONAL CRISIS BECAUSE THEY ARE ANTICIPATING A LOSS.
They are so wrong on all levels. As Senators, they are part of the legislative branch and should uphold the power of the legislative which they are part of. To question before the Supreme Court the imposition of martial law after Congress has decided not to overturn the declaration by the President is a slap on the face of the institution they represent because it is deemed an admission that the judicial has the last say on the matter. If they insist on doing it, a fellow Senator can move for their expulsion because what they have done is clearly a betrayal of the powers of Congress as an institution.
So who can question before the Supreme Court? The answer is anyone can do so including the five loonies. And that is the ultimate stupidity. These five loonies will put into jeopardy the legislative branch when any citizen can question before the courts.
So what happens when Congress approves of the ML declaration and the Supreme Court nullifies it because the five stooges decided to question it? It will give the President more power and leverage.
This is my logic, three co-equal branches, supreme in its own right and each having different opinions on the matter of Martial Law. The President can simply just insist on its own because the two other branches cannot decide. And if our President is more creative, declare Martial Law in the entire Philippines because the institutions are in shambles.
Your reaction, please!