BEFORE his State of the Nation Address on Monday, July 28, President Benigno Aquino III faces the most challenging time of his Presidency.
The first two cases wanted to oust him from office for allegedly betraying the public trust and violating the 1987 Constitution over his administration’s implementation of the Disbursement Acceleration Program (DAP).
The third impeachment case was over the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States. Aquino allegedly committed culpable violation of the Constitution and betrayal of public trust by pushing for EDCA’s affirmation. They contend that this agreement violates constitutional provisions banning the presence of foreign troops and bases and the use and entry of nuclear weapons in the country.
In his televised speech, Aquino defended the DAP, and lambasted the Supreme Court for ruling the program to be unconstitutional. PNoy likewise alleged that the highest court is not in the position to rule against DAP, because the SC, too, allegedly juggled funds within the judiciary.
As his approval rating plummeted as a result of this controversy, Aquino called on the public to wear yellow ribbon (or anything yellow) as a show of support for him in his battle against the SC.
Kababayans all over the world have been weighing in on what seem to be a referendum on PNoy’s leadership.
In the online poll of The Filipino Channel’s daily newscast “Balitang America”, 65 percent of the viewers who voted believe this call of Aquino is divisive, supporting the argument that at this point of his presidency, he should already be beyond partisanship and color coding.
Fil-Am community leader Loida Nicolas Lewis US Pinoys for Good Governance presented a different perspective when I interviewed her on Balitang America. She said despite his lower approval rating, PNoy still enjoys the support of the Filipino people as his numbers are still greater than those of his predecessors and even of the US President Barack Obama.
Lewis stressed that there is nothing wrong for Aquino to ask for a show of support, especially in his battle of principle against the SC. She maintained that Aquino had only the best intentions to make sure the taxpayers’ money are disbursed expeditiously toward programs and services that will help the Filipino people.
Lewis also told Balitang America she believes the impeachment complaint is pure distraction. “They are out of line. It’s meant to distract so that the focus of the people will be diverted from the real thieves to this arbitrary and groundless impeachment move by the left.”
Meantime another Fil-Am community leader and expert in International Law Atty. Arnedo Valera of the Migrant Heritage Commission shared this perspective:
President Aquino and his Cabinet are likewise arguing that even the Supreme Court violated the law they declared partly as unconstitutional. Assuming the Supreme Court (SC) likewise transferred funds across departments in 2012, then, it is also a violation. But it does not mean the SC will have to abdicate its inherent constitutional duty to declare a law unconstitutional when properly presented before it.
As of now, it would defy logic to assume that the SC will reverse itself because it acted the same way as the Executive Branch. If the Supreme Court engaged in such violation, then it is good that they in fact and in law made their own “self check” and “self criticism” and subsequently declare DAP unconstitutional. The SC is the final arbiter on the constitutionality of any law. For the President to challenge the wisdom of the Supreme Court indeed invites constitutional anarchy. True, they have the right to file a motion for reconsideration. But the Office of the Presidency should not attempt to influence the decision of the Supreme Court and attack the independence of the Judiciary. Since the President is alleging good faith, the Filipino people demands accountability and transparency.
Where did all the DAP funds go? If nobody personally profited from it and it all went to government projects as alleged unlike the plunder cases vs. the three senators where there is a prima facie evidence of plunder and personal gain, then probably good faith is a defense. If there was a criminal intent to profit and the DAP funds were used for any unlawful purpose similar to what the accusations of the 3 powerful Senators, then no one is above the law. That is the basic tenet of the Rule of Law.
To move forward, the Filipino people have the right to know WITH SPECIFICITY who are the beneficiaries of the DAP FUNDS and whether there were anomalies in the distribution of said funds.
We commend President Aquino’s sincere desire to get rid of corruption even that means jailing the so called “powerful and the untouchables” in our society. But what we ask him and his cabinet is to respect the rule of law. And the rule of law is simple: No one is above the law. Not even the President!
The demand is simple: the Senate or any independent body must investigate the DAP funds. The Filipino people have the paramount right to know in details where these funds were used. Iyan ang batayang prinsipyo ng “Daang Matuwid” i.e transparency and accountability. And all of us are stakeholders to this. Bureaucratic corruption in all forms must be stopped. Congressional and Presidential pork barrels must be abolished. That should be our hope and prayer!
* * *
Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
