[OPINION] Constitutional devotion? What posturing is that this?

You don’t show reverence for the Structure while you bend it to serve political ends. You pervert it.

It’s finished. 

With the Supreme Courtroom’s choice nullifying Vice President Sara Duterte’s impeachment proceedings, 19 senators voted to “archive” the matter. The Senate’s choice was met with a refrain of dissenting views, not in contrast to that of the Supreme Courtroom’s. 

The DDS (Diehard Duterte Supporters) equipment has been on hyperdrive. Disinformation researchers Regine Cabato and Gian Libot’s story lists the “5 Methods the Duterte Affect Machine is Deceiving Filipinos” concerning the Vice President’s impeachment. We’ve seen their narratives in varied remark sections: “The Supreme Courtroom has spoken,” “Respect the Structure,” and “Uphold Due Course of.” 

These narratives echoed contained in the Senate. “Legislation over lawlessness,” declared one senator. “Justice finished the mistaken manner just isn’t justice in any respect!” roared the person who constructed his profession on extrajudicial killings and described the loss of life of a child as, “shit occurs.” And the person who claimed confusion over the phrase “forthwith”? He appears clearheaded now. He chastised retired chief justices, affiliate justice and framers for brooking disrespect for the structure. By no means thoughts if he spent the previous 5 months making a mockery of its clear textual content.   

So, what are we to make of those belated shows of constitutional devotion? Nothing. Completely nothing.

One can not ignore the Structure for half a yr, then immediately proclaim to be its protector. One can not preside over EJKs then change into a prophet of justice. You’ll be able to cite the precise phrases and quote the precise phrases. However that isn’t constitutionalism. You don’t show reverence for the Structure while you bend it to serve political ends. You pervert it.

The years they have been silent

“Uphold the Rule of Legislation”? I’d give these folks extra credence in the event that they weren’t cheering as hundreds have been murdered over 6 years. “Respect the Structure”? Duterte’s drug battle killed hundreds in full view of the Structure and its due course of clause. Congress was in session, and the courts have been open. But nobody stopped the killings. Definitely not these folks on-line who now name on residents to “obey” and “shut up”.  

There are deeper explanation why we are able to’t afford to be distracted by these narratives that weaponize the Structure. As president, Rodrigo Duterte stood in entrance of each Congress and the courts and dared them to cease him from killing Filipinos. The steadiness of energy shifted that day. Duterte then went on to develop the attain of the Government department greater than another president. This he did to the detriment of each Congress and the courts. He figured, rightfully, that if he can actually get away with homicide, he can get away with something.  

Publish-Duterte, we now have by no means come to phrases with how he left the Structure in tatters. The phrases are nonetheless there however, its soul hangs by a thread and the branches of presidency are out of steadiness. We moved on, overlooking that the EJKs inflicted nationwide trauma. This trauma underpins the visceral response that the general public now shows towards each the Senate and the Supreme Courtroom choice. As one remark states, “Pag mahirap patay agad. Pag mayaman o makapangyarihan might due course of.” This displays the rising hazard ensuing from our leaders who glibly weaponize the Structure to swimsuit their trigger.

Legal professionals are known as upon to inform the general public to “defend the Structure.” However how does one try this, when that very same public calls for a proof for the blatant inequity they’re seeing? How does one credibly inform the general public to belief “constitutional rules” once they’ve seen them fail hundreds of EJK victims, however see them now immediately resurrected to help a excessive official? How does one instill reverence when final week, they once more noticed how our system locations extra protections on a politician accused of corruption whereas those that steal a can of corned beef benefit “dura lex sed lex”?

Actual menace

What threatens the system of presidency just isn’t the noise generated by critics, residents, or lecturers. The partitions of each the Senate and Padre Faura are product of a lot sterner stuff. The actual menace lies in rising public disillusionment. The Tulfo model dominates our politics as a result of they’re providing a product that the poor really feel they don’t have entry to: justice. That dissatisfaction grows with every demonstration of the system bending when the highly effective are concerned. 

Nobody — not even their supporters — is within the temper to take heed to the constitutional platitudes recited this week. As a result of the general public now is aware of the reality. A President can flip the state equipment into successful squad, and none of our establishments can cease him. And subsequent time, when one other president begins killing once more, they know these clerics of due course of will both flip mute or discard it as soon as extra. 

100 speeches on “due course of” or the “rule of regulation” gained’t win again a disillusioned public. All the world over, democracies are weakening at an alarming price. Persons are starting to decide on excessive alternate options, fairly than preserve techniques which are deemed “damaged.”

Those that profess to really love this Republic, and need to hold it collectively, ought to improve, not cripple accountability. Present that the regulation holds the highly effective to account. And if we actually need to instill reverence, one solution to do it’s to offer the victims of the drug battle what has eluded them for years.

What a doubting public wants is proof that the system nonetheless works — not one other a lecture. – Rappler.com

John Molo is a litigator who has dealt with a number of landmark circumstances earlier than the Supreme Courtroom. He teaches Constitutional Legislation within the Faculty of Legislation of the College of the Philippines. He’s a former president of the Harvard Legislation College Affiliation of the Philippines and is the chair of the Board of Editors of the IBP Legislation Journal.