The rights of the people in a functioning democracy are not limited to those guaranteed by the Constitution, or those provided by laws. There are also rights which are so basic in a free society that they need not even be mentioned in the charter or written in the statute books as a prerequisite to their enjoyment by the people.
At a forum for presidential and vice presidential candidates held weeks ago at the De La Salle University campus in Manila, only presidential candidate and Davao City Mayor Rodrigo Duterte and his running mate, Senator Alan Peter Cayetano, showed up. The other candidates confirmed their attendance but canceled at the last minute when they found out that Duterte was attending. Presidential candidate Grace Poe was likewise a no-show. At that time, Poe was still in the shadow of the disqualification cases pending against her before the Supreme Court.
Duterte utilized the forum to clarify his uncompromising stand on criminality in Davao City. He explained that he authorizes his policemen to shoot only at heinous criminals who are surrounded by law enforcers and who refuse0 to surrender. That type of killing, Duterte emphasized, is authorized by the law itself, and is not a violation of human rights.
In addition, Duterte successfully downplayed the accusation of human rights abuses hurled against him by ex-Justice Secretary Leila de Lima, who is running for senator under the administration party. De Lima had earlier announced to the news media that Duterte committed numerous documented human rights abuses during his incumbency as city mayor. If that is so, Duterte countered, then why didn’t De Lima take legal action against him, particularly when De Lima was still the Justice secretary and, therefore, the head of the prosecution service? Duterte dismissed De Lima’s tirades as hollow remarks.
During the open forum that followed the speeches, one question focused on Duterte’s promise to rid the country of crime and corruption. Duterte replied that he will indeed deliver on his promise to fight crime and corruption within three to six months from assuming office.
Duterte lamented that the people have forgotten that they have the inherent right to walk on the streets at any time of the day and night, free and secure from being killed, harmed, robbed, or molested. After reminding his listeners about this forgotten right, the mayor assured everyone that he will restore this basic right to the people. The first step, he said, was to raise the salaries of policemen and to give them realistic access to social security. This way, Duterte continued, policemen will not be easily tempted with bribes. The next step is to make police presence visible and felt everywhere, as in the United States.
How does that relate to fighting corruption in government? Duterte replied that when the streets are safe again at any time of the day and night, it means that policemen are doing their job honestly and efficiently, and that when the cops are honest and efficient, everybody else in society, the public and private sectors alike, will have second thoughts about offering bribes, and everybody will be compelled to obey the law once and for all.
At the end of Duterte’s revelations, the audience reciprocated with thunderous applause. Almost all of them belong to the younger sector of Philippine voters.
Indeed, the Duterte formula may sound like a sweeping statement, but it has substance to it, and it may just work if it is given a realistic chance. Just imagine walking on the streets at any time of the day and night, safe, secure, and unmolested because drunks, drug addicts, and petty thieves are afraid of incorruptible, dedicated policemen on patrol. There will be less dependence on motor vehicles, which thus reduces carbon monoxide emissions. A wholesome nighttime industry consisting of snack outlets, coffee shops, and small restaurants will bloom. More establishments mean more employment and revenues, which lead to more tax payments. In turn, more tax payments result in more public funds which can pay for the continuing increase in the salaries of policemen.
Let’s face it. Incorrigible criminals will only listen to a language they understand, and that language is undoubtedly the strongman language spoken exclusively by Duterte.
Many welcome the news that the Integrated Bar of the Philippines and several distinguished legal minds have joined the legal fight to disqualify Senator Grace Poe from running for president in May 2016 by manifesting their views to the Supreme Court.
Earlier, the Supreme Court, in a decision written by Justice Jose Perez, ruled that Poe is presumed to be a natural-born citizen of the Philippines mainly on account of a statistical inference made by the Office of the Solicitor General, and the physical features of Poe herself. That opinion has triggered nationwide controversy because those grounds are not found in the text of or the intention behind the Constitution.
Moreover, the ruling does not have the support of a majority of the justices of the Supreme Court, as pointed out by Justice Antonio Carpio, one of five justices who voted to disqualify Poe. To be a binding precedent, the ruling must have the support of a majority.
While the IBP assails the ruling for being devoid of a clear constitutional basis, it seems equivocal about the grounds relied upon in the decision. Fortunately, the lawyers who joined the legal battle criticize the ruling for relying on grounds which, as stated earlier, are not even found in the Constitution—like statistical probabilities and physical features. Their opinions demonstrate the public’s disapproval of the decision.
The Philippine Constitution Association is a guardian of the charter. Being so, the Philconsa should declare whether or not the decision in favor of Poe is supported by grounds warranted under the Constitution. The future of constitutionalism and the rule of law in this country demands it.