LAST UPDATED : 2010-09-02 13:41:17 GMT+7 
 


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Brains and brawns

 
Artemio V. Panganiban
Philippine Daily Inquirer
Publication Date: 14-03-2010

It is said that two things are indispensable in running a country: brains and brawns; right and might; legitimacy and power. Leaders must not only use brains; they must also flex brawns.
Understandably then, Philippine President Gloria Arroyo wants to be judged right and to have the might to enforce her perceived right.

All figured out? So, to secure legitimacy, she carefully chose all her appointees to the Supreme Court who, she hopes, would validate her stay, come what may. To assure that armed power would back her hope, she just named a loyalty-tested chief of staff of the Armed Forces of the Philippines - Lt. Gen. Delfin Bangit - who, as chief of her Presidential Security Group, repulsed at least three military attempts to oust her.

To widen her legal umbrella, her allies want her to appoint a friendly chief justice when Reynato S. Puno retires on May 17, never mind if the Constitution bars her from doing so. Sue her, the Palace dares. After all, the Constitution is what the Supreme Court says it is. Then, after an incumbent justice is named chief, a new Supreme Court vacancy will open up, thereby giving her the opportunity to name another member of the Court.

Verily, she now has the lethal combination: the Supreme Court to validate her wants and the AFP to enforce her will. Brains and brawns; right and might; legitimacy and power. She has it all figured out.

After 20 years at the helm, Ferdinand Marcos thought he had it all figured out too: a compliant Supreme Court, a pandering Batasang Pambansa (national assembly), a captured commission on elections and a loyal AFP under Fabian Ver. So he confidently called for a snap election in 1986.

What he failed to figure out was people power ignited by a recalcitrant secretary of national defence (Juan Ponce Enrile), a psywar expert (Fidel V. Ramos), a charismatic man of God (Jaime Cardinal Sin), and a rising icon of democracy (Cory Aquino). They proved that brains and brawns are not enough. The people’s trust is as essential, if not more.

Prolonging her stay. In past columns, I outlined how Arroyo can prolong her stay. To repeat briefly, in a tight presidential contest, a failure of election in just 10 per cent of the nation will result in a failure to proclaim a new president because, legally, when the uncounted ballots exceed the margin of the leading presidential candidate over the second placer, no one would be proclaimed winner.

Is this really possible? Yes, very possible. The latest survey shows almost a dead heat between senators Noynoy Aquino and Manny Villar. And our media are replete with reports of fumbling, delays and glitches in the automated election preparations.

There is jurisprudence (like Señeres vs. Comelec, April 16, 2009) saying that an incumbent shall remain in power until the new official is proclaimed and assumes office. Since precedents favor her continued stay, her smart lawyers can justify an Arroyo holdover.

Even Philippine National Police Chief Jesus Verzosa’s courageous stance against a holdover is subject, according to him, to the Supreme Court’s final verdict. Indeed, it is the Court that, in a crunch, can validate her stay and the AFP that can enforce her sway.

In this seemingly well-crafted script, how will our people react to a skewed election, a failure to proclaim the new president, and the prospect of GMA’s indefinite stay? Will our people trust GMA? Is she barnstorming the nation to win the people’s trust?

 

 



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