Standing up to the Supreme Court is a constitutional duty of the executive and legislative branches under the principle of checks and balances

This latest clash between the executive and judicial branches of government is testing the limits of our constitutional democracy and, to my mind, rightly so. Clearly, the old ways and the old approaches in our efforts to fight corruption and lawlessness have failed us. The system of justice thus far has failed to ensure respect for the rule of law. Hence, we see the prevalence of lawlessness and, most unfortunately, the Supreme Court in a string of controversial rulings has helped little in restoring faith and respect for our system of justice.

These rulings include: the flip-flopping on the case involving the League of Cities, wherein the SC flip-flopped four times in a span of two years; the flip-flop in the FASAP PALEA case; the TRO against the House of Representatives when it initiated impeachment proceedings against Ombudsman Mercy Gutierrez, who was accused of protecting the ARROYOS by sitting on cases filed against them; the voiding of the Truth Commission meant to investigate the Arroyos; and the TRO last week to allow the Arroyos to leave for abroad without any certainty as to whether they are to return, nor any definitive finding as to whether her condition was indeed life threatening (See dissenting opinions of Justice Sereno and Carpio).

In fact, in all of the above-mentioned cases, the SC has courted insubordination and disrespect for what many have described as the whimsical and arbitrary exercise of judicial authority.

It is in this context that, as a member of the legislative branch of government, I am convinced that we need to push the and test the limits of our constitutional democracy and see how far we need to go, how far we need to test its efficacy to effect sweeping change and reform. Yes, this is out of the norm. Yes, this is non-conventional because, clearly, we cannot do the same thing over and over again and expect to see real change happen. We need to do things differently. We need to take risks and venture into unfamiliar legal and constitutional terrain if necessary. We need to experiment with new approaches. We need to be bold and daring and--yes--even irreverent, if we wish to see real change happen.

Hence, we support the position taken by Secretary Leila De Lima, and we urge the Supreme Court to read the writing on the wall. Arbitrary and whimsical court orders, directed towards a co-equal, have no place in a constitutional democracy. It must be opposed vigorously. In fact, both the executive and legislative branches of government must unite in its exercise of its constitutional duty and its obligation to serve as a check on a wayward judiciary.

No, this is not anarchy. This is democracy at work. It is the principle of checks and balances at work. It is, to my mind, the sworn duty of the executive and the legislative departments to act as a check on a wayward judiciary. We will respect the Supreme Court, yes, but we will do so as a co-equal and not as a meek, submissive and inutile subordinate.

250 midnight appointees should do a Versoza and resign

Publishing my press statement on the 250 midnight appointments here:

These appointments are totally deplorable. Clearly. they are desperate acts of an outgoing Presidents who will soon be made to account for her official acts when stripped of presidential immunity.

They are meant to place key loyalists of President Gloria Macapagal-Arroyo in positions of influence and authority as a means to ensure that she remains a force to reckon with even after she leaves Malacanang. She is creating a phalanx of Arroyo loyalists in the bureaucracy, who she hopes will rally around her and use the resources of their government posts to protect her hide once she loses her immunity from suits after June 30.

These GMA loyalists must be warned that their appointments will be scrutinized. If they wish to be spared from public scrutiny and controversy, I urge them out of delicadeza to do a Versoza by submitting their courtesy resignations come June 30.

By June 30 these loyalists won't have a sitting President to protect them and, like Romulo Neri, they may find themselves left to fend for themselves.

My statement on the Ampatuan acquittal

Didn't Secretary Agra stop to think that Gov. Zaldy Ampatuan may have deliberately stayed out of ARMM on the day of the killings so he could claim innocence later on?

If the secretary isn't dumb then it appears he is playing dumb. The legal basis of this decision is rotten to the core. This is a shameless and despicable whitewash of the highest order.

We condemn this DOJ order to absolve Zaldy Ampatuan of any involvement in the crime. We condemn the Arroyo administration's manuever that provides aid to a staunch political ally. Indeed, former GMA spokesperson Lorelie Fajardo's words spoke the truth--that the long-standing friendship of GMA and the Ampatuans will not be affected by the massacre.

Finally, is this a deiberate move meant to free a political kingpin in order to deliver the votes to Arroyo's annointed come May 2010? This is a travesty of justice let loose no less than by the Secretary of Justice. It is an abomination that ought to be condemned and vigorously opposed.

An appointment of doubtful legality will harm the image and reputation of the Supreme Court; let the next President appoint the new Chief Justice

We call on the Arroyo administration to shield the Supreme Court from scandal and controversy by not appointing the next Chief Justice. It will be a black eye for the Supreme Court if the appointment of the next Chief Justice is shrouded with questions of legality and constitutionality. A questionable appointment will tarnish the image and reputation of the Supreme Court. We urge President Gloria Macapagal-Arroyo to steer clear of this controversial path by allowing the next President to appoint a new Chief Justice when Chief Justice Puno retires in May.

The Con-con Bill is just a waste of time and resources

Now the President is pushing for a constitutional convention (Con-con). According to news reports, she is "considering putting it on the agenda in a proposed special session to ensure its passage."

They are just wasting their time. The Senate will not agree to Charter Change initiated by the Arroyo administration. They won't find any Malacanang lapdogs in the Senate who are willing to jump and bark just to please the masters by the Pasig River.

With elections just a few months away, now is not the time--and, more significantly, Gloria Macapagal-Arroyo is not the leader we can trust to push for Charter Change.

The Arroyo administration, now on its way out the door, cannot be trusted to amend the Constitution with the nation's interest in mind.

Sarili lang nilang interes at kapakanan ang isinusulong nila sa mungkahing ito. Walang mapapalang mabuti ang mga mamamayan sa walang kwentang Cha-Cha ni Gloria.

PGMA declared Martial law to save her own skin; the Constitution can go to hell for all she cares

The Martial Law declaration can be likened to the washing of President Gloria Macapagal-Arroyo's hands of the guilt of having coddled the Ampatuans all these years, of having armed them to the teeth and of having provided government salaries for their armed men who have been implicated in the massacre.

The declaration is meant to free her of any responsibility whatsoever. It is meant to build her defenses in the event that she is charged before the international criminal court for crimes against humanity. Thus, even without a rebellion she issued the declaration. It is for her self-preservation and our laws and the Constitution can all go to hell for all she cares.

The accused masterminds were her loyal party men, the other accused were armed by and employed by her government. She is worried that liability will be pinned on her and so to save her own skin, she needs to sacrifice the Ampatuans and all others implicated in the heinous offense.

Martial Law was meant to save her own skin from possible liability under both Philippine law and international criminal law.

She cares little about local public opinion. It is the opinion of the international community that matters dearly to her. She dreads being hailed to the international criminal court for crimes against humanity. The Martial Law declaration is meant to appease international indignation and does not look to a nationwide Martial Law declaration in the future.

She isn't out to save the Ampatuans. She is out to save herself. For the cause of her own survival, no one in indispensable.

On PGMA's declaration of Martial Law

We woke up this morning to President Gloria Macapagal-Arroyo declaring Martial Law over Maguindanao and nearby provinces in the south.

Under Section 18 Article VII, Martial Law can only be declared if there is an invasion or rebellion. Neither is existing in the case of the Maguindanao massacre. The massacre is neither a rebellion nor an invasion but a case of multiple murders involving government officials loyal to President Gloria Macapagal-Arroyo. The truth is all key personalities are now under police custody. The factual basis for a Martial Law declaration therefore appears to be inexistent.

Labag sa Saligang Batas ang nasabing deklarasyon. Tulad ng EO 464 at Proclamation 1017 dapat ibasura ang proklamasyong ito dahil ito ay kontra sa Saligang Batas. Hindi na kailangan ang proklamasyon upang mapaaresto ang mga salarin. At base sa mga reports ay naaresto na ang mga Ampatuan.

Dapat bawiin na ni Gloria ang nasabing proklamasyon.

PGMA: Resign now and run in Pampanga as a private citizen

We join the clamor of a number of our citizens who are calling on PGMA to resign from her position as President now that she has filed her certificate of candidacy for Congress.

It is improper for a sitting President to stay on as President as she campaigns for a lower position. The temptation to use all the powers of the office to ensure her victory in the elections in the district and that of her allies in other districts nationwide is too difficult to resist especially when one is motivated by political survival. The entire government bureaucracy, including the Armed Forces and the Philippine National Police, will be at her beck and call as Commander in Chief. Most importantly, she has access to billions of government funds.

The lessons of the fertilizer scam reveal how government resources can be diverted to favor political allies nationwide. We cannot allow a repeat come 2010.

PGMA should resign the Presidency and run in Pampanga as private citizen Gloria.

GMA, LAKAS-KAMPI created the monsters in Maguindanao

It is painful enough to watch and hear about what happened in Maguindanao through the news. One can only imagine the horrors that the victims had to go through as they were shot and mutilated to death.

We believe that GMA and LAKAS-KAMPI created the monsters in Maguindanao. The explusion of the Ampatuans smack of politicking. The lawlessness and the barbarism that now prevail in the province has the fingerprints of LAKAS-KAMPI all over it, considering that all warring factions were party members supported unconditionally by the ruling party.

Who can forget the incredible 12-0 Maguindanao vote in the 2007 elections wherein LAKAS-KAMPI conspired with local warlords to make LAKAS stalwart Zubiri No. 1 in the province? Who can forget the burning of election returns by Lintang Bedol? LAKAS-KAMPI aided and abetted lawlessness when it allowed for the wanton disregard and flagrant violation of election laws in the area. They even rewarded their local partners handsomely by providing logistical support for their ARMM re-election.

President Arroyo and LAKAS-KAMPI created the Frankenstein monster that in the end massacred 57 human beings last Monday. The expulsion of the Ampatuans by LAKAS-KAMPI is an act that is too little and too late. If at all, it smacks of politicking and maneuvering for 2010 for their standard bearer, Gibo Teodoro. They now wash their hands of the grizzly murders. It will not bring the massacre victims back to life.

We believe Teodoro is ill-advised in this attempt to gain political points. The party which he now heads created the monster in Maguindanao and he, together with other LAKAS-KAMPI, is now part of the problem in Maguindanao.