Monday, July 14, 2014

Constitutional crisis feared

Constitutional crisis feared

By Christina Mendez

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MANILA, Philippines - Sen. Sergio Osmeña III warned Malacañang last night of a constitutional crisis if President Aquino would continue to defy the Supreme Court ruling that declared parts of the controversial Disbursement Acceleration Program (DAP) unconstitutional.

“The SC will have to consider their motion for reconsideration and I expect the SC will not reverse itself, not with a 13 or 14-0 vote. It has never been done. So what will happen is that if the President will not obey, and he says, ‘no, you are wrong,’ that’s going to be a constitutional crisis,” Osmeña explained.

With impeachment moves against Aquino looming, Osmeña expressed hope that the present administration will not allow a constitutional crisis to happen because it will affect the country’s economic standing.

Osmeña did not rule out the possibility that some groups from the military or the militants might take extrajudicial moves to destabilize the government.

“I hope they will not allow it to get to that point, then maybe there will be extrajudicial moves already on the part of other groups who don’t like to see these sort of things,” he said, adding the country’s credit ratings may suffer.

Osmeña also criticized Aquino for being stubborn on the DAP issue.

“Well, true to form, the President was hard-headed. It seems he does not know how to accept he made a mistake, an innocent mistake, a mistake without criminal intent but a mistake anyway, because the SC ruled 13-0,” Osmeña said in an interview.

Osmeña, an ally of the President, was unable to hide his disappointment, although he publicly encouraged Aquino to address the issue and explain it to the people.

Although not a lawyer, Osmeña expressed doubt that the high court will reverse itself.

“How can he expect that the SC will reverse that decision? I think he will have a hard time asking for that,” Osmeña added.

The DAP issue, Osmeña said, has diminished the President’s credibility in the eyes of the public.

Senators Antonio Trillanes IV and Francis Escudero expressed belief that the President meant well when he approved the DAP.

“It was very clear that they have legal basis and noble objectives when they implemented the DAP. He was also able to enumerate some of the gains brought about by DAP,” Trillanes said.

“We’ll now await PNoy’s promise to provide details as to where the DAP funds ended up so that the public would know if the funds were stolen or not,” Trillanes added.

Escudero urged the President to respect the final decision of the SC “even if he disagrees with it.”

“PNoy means well and I think he just wanted to explain and share his frustration with the delays in project implementation that the SC ruling on DAP may bring about,” Escudero said.

“However, the law is the law and, at the end of the day, I firmly believe that PNoy will abide by the SC decision – once it becomes final – even if he disagrees with it,” Escudero added.

Osmeña earlier said that Aquino would survive the DAP controversy and the impeachment efforts to oust him but he will finish his term with a serious credibility problem.

Speaking to reporters during the weekly Kapihan sa Diamond Hotel in Manila, Osmeña said the deteriorating net approval rating of Aquino is an indication that the series of controversies is taking its toll on the popularity of the President.

“Yes, he will finish his term. This (controversy) is nothing, but this puts into serious question his credibility with the public. That is why, as I understand, his net approval rating has gone down to +25,” said Osmeña.

Osmeña said the President might say that Filipinos have new roads, new hospitals, but that does not cover the unconstitutionality of DAP.

He said Malacañang should also take cognizance of the public pulse regarding DAP after the President delivered last night his nationwide address on the issue.

Osmeña said that an explanation or even an apology by the President may not be enough to appease the anger of many people after it was found that the DAP has certain elements that are unconstitutional, based on a recent ruling by the Supreme Court.

The senator has been calling for precisely such a public address by the President but he admitted that this might not be enough to satisfy the critics of DAP.

Corona reaction

Former chief justice Renato Corona, who was removed from office allegedly after the Palace bribed senators with the DAP, has dared Chief Justice Ma. Lourdes Sereno to answer President Aquino’s attacks on the judiciary over the unanimous ruling declaring acts under DAP illegal.

“Sereno should react and defend the institution she represents. It’s her duty to do so,” he told The STAR in a text message after the President’s televised address.

Corona said his successor, who was appointed by Aquino in 2012 following his ouster after impeachment trial, should answer “personally and not thru the SC spokesman.”

Sereno voted with 13 other justices of SC - including three other Aquino appointees - in declaring DAP unconstitutional.

When Corona was facing impeachment trial, he warned that President Aquino wanted to control the high court.

Stop defending DAP

Navotas Rep. Toby Tiangco, secretary-general of the opposition United Nationalist Alliance (UNA), yesterday urged President Aquino to stop defending the DAP and instead focus on his job as president.

Tiangco said defending the DAP after the Supreme Court decision is just a waste of time.

“Mr. President, please defend and uphold the Constitution. The Supreme Court did not say government should stop because of its decision to declare DAP unconstitutional. Why keep on justifying something that has been unanimously ruled as illegal?” Tiangco said. – With Jose Rodel Clapano, Evelyn Macairan, Marvin Sy, Aie Balagtas See, Ding Cervantes, Raymund Catindig

 

 

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