ADVOCATE'S OVERVIEW By ARTHUR L. ALLAD-IW
NORDIS WEEKLY
July 24, 2005
 

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Truth Commission

The Gloria Arroyo administration is planning to form a Truth Commission. This body will allegedly look into “violations of the laws” and not just lapses in judgment committed by GMA. Her followers are now dangling this Truth Commission to gain public support.

If we go by the pulse of the people however, the Truth Commission is unacceptable. It is in fact, considered two steps backward from the legal, long, rigid and tedious impeachment process. What truth will the Commission establish? GMA had already acknowledged her conversation with COMELEC Commissioner Garcillano proving her involvement in the tainted 2004 elections. She undermined the peoples’ sovereign will expressed in an election.

Publicly saying sorry is not enough basis for her to stay in power. A public official of such magnitude must resign. Public office is a public trust. Since that trust has been eroded, she must step down now.

If a mere sorry of a leader (national leader for that matter) will suffice, it will not only set a bad precedent. It bastardizes our political system. If that is the case, any leader who commits infractions on the constitution and the laws can walk away from the crime by merely saying “I am sorry.” Hence, Erap can simply say “sorry” and his plunder and other cases can go to waste.

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The legal basis of the Truth Commission is under question. Even pro-administration Senator Miriam Defensor-Santiago, a self-proclaimed constitutionalist, branded the body as unconstitutional. She in fact claimed it is a move to preempt an impeachment which is the constitutionally provided process. Instead of consolidating her allies, GMA’s moves are dividing her ranks. She is paving for her fast departure from Malacañang.

There are weaknesses I can pinpoint in the proposed Truth Commission, besides its questionable legal basis. First, the one who will issue the Executive Order is herself the subject of investigation. She can always craft an EO and institutionalize it in her favor. Remember that like any law, an EO is man-made and will always be biased for the one who made that law or EO. The most questionable point is, with no constitutional basis, what power does the Commission have to impose sanctions?

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The Truth Commission is designed for GMA to consolidate her ranks and to use the government instrumentalities to clear her name. She has an infamous record of using government agencies and resources for her political lusts. What is disturbing is that with the pace of events, the government treasury is also fast going bankrupt. It seems that when GMA is gone, the resources will have been drained too.

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Like the Truth Commission, the impeachment process is slowly proving its inutility. It would be difficult to come up with the 79 signatories of the opposition Congressmen to the impeachment petition at the House of Representatives.This is understandable as the House is controlled by the administration party. In fact, public funds might even be spent to bribe representatives to keep their signatures away from the petition. History proves that millions of pesos are spent to bribe Congressmen to ink their signatures on certain enactments that are contrary to the people’s interest. There is a possibility that the petition will not be endorsed by the House.

Assuming that the petition will be submitted to the Senate, it can be killed by the Senate-transformed Impeachment Court. It can always decide that the petition failed to qualify based on its form and substance. Or they can deliberate on the petition but with the composition of the upper chamber, there is the possibility that the pro-administration senators/justices will outvote the opposition. The votation as to the verdict will be based on political party memberships which, like in the Estrada impeachment, shows that most of our senators are not yet ready to take on their role as impartial justices in an impeachment court. They are by nature politicians.

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The Truth Commission and the impeachment process will then prolong the agony of the people. Both maintain GMA as president for a period of time. Likened to a situation where we are killed softly and slowly, it prolongs the agony and preempts the transition for social change. To spare us from these punishments, GMA must resign now. #


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