Fee fie foe fum
Ismell blood from the Ombudsman? In olden times, sacred places – churches, temples, mosques, synagogues – were places of refuge. Holy soil provided sanctuary. In 1961, the Vienna convention on diplomatic relations recognized foreign embassies as places of diplomatic sanctuary. Come 2018, in the Philippines a new asylum. Congress has become a sanctuary.
Representative Gwendolyn Garcia and the House of Representatives and, before her, Senator Joel Villanueva and the Senate, are not subjecting themselves to the Ombudsman’s decision dismissing them from office. Members of Congress, they claim, can only be disciplined by Congress. It’s the Constitution, stup*%d.
Clash of the titans. The 1987 Constitution enshrined the core constitutional principle of the independence of the Ombudsman. This was one the themes underlying the Supreme Court’s flip flop ruling in Gonzales vs Office
of the President that spared the Deputy Ombudsman from Presidential discipline. The office’s independence was recognized to be more important than the office’s accountability.
The Office of the Ombudsman, given a hallowed place in the Constitution as avatar of accountability, mirrored the mood of a people beguiled with putting their officials within reach. But at what price? In
Gonzales, accountability was pitted against the equally mesmerizing feature of independence.
The same tension underpins the debate on whether Rep. Gwen and Sen. Joel should obey Ombudsman Conchita. Against arguments of congressional accountability is the core interest in guaranteeing the independent functioning of our Houses of Congress.
The representative relation. Basic is the truism that legislation is most important of the three great powers of government. Hence, the existence of the privileges and immunities, the speech and debate clauses to which members of Congress are entitled. These, as well as the freedom from arrest and the exclusivity of discipline provision, are not fringe or de minimis benefits attached to their positions as a courtesy. They are animated by a reason that is not personal to the member. They exist to protect the right of the people to be represented in the enactment of laws that affect them. Dismissing Rep. Gwen means dismissing the people of Cebu’s 3rd district. In Sen. Joel’s case, it amounts to nullifying the will of 18,459,222 Filipinos.
To be sure, Rep. Gwen and Sen. Joel are not immune from discipline. The Constitution says, however, that only their own chambers can do it and with a supermajority vote of 2/3. Independence is cherished as a quality control of legislation.
Discipline by institutions other than Congress itself is a legal question that merits the national discussion we are now having. Until resolved, whether by the Supreme Court or by Constitutional amendment, the House of Representatives in the case of the Ombudsman vs. Gwendolyn Garcia is free to take the action it deems appropriate.
It takes a hero. Superman stepped up to slay the green goblin of Boracay. And not a minute too soon.
The world famous Boracay’s annual slimy algae curse has hounded it for years. As far back as 2012, disheartening stories of disappointment, disease, disgust shared by disillusioned visitors have flooded the media.
Nutrients!? Up to recently, wishful thinking still had its devotees. Locals justified the “fragrant” green stuff as a natural phenomenon. Last year, the Department of Environment and Natural Resources (DENR) itself called it algal bloom. DENR: “An algal bloom indicates presence of nutrients in water as well as other contributory factors such as sunlight availability, surface temperature and sea dynamics. It’s a natural phenomenon that may have adverse consequence to the aesthetic of the beach but it does not mean that the coastal waters of Boracay is unsafe (underscoring ours).”
This was despite published reports back in 2015 that coliform bacteria readings in drainage outlets would already reach as high as 47,000 (mpn) per 100 millimeter (ml). The safe level is 1,000 mpn/100ml for swimming and other water activities.
Emperor’s new clothes. In a reversal of the parable, its now the Emperor himself unmasking the truth once collectively denied. Thanks to President Rodrigo Roa Duterte’s off-color remarks, we know the algae is really, actually and undeniably sh%^t. That’s a Presidential imprimatur not even Senator Harry can possibly spin. The President also reminded us of who “es la causa
de la causa.” An estimated 50 percent (at most) of commercial establishments are connected to the island’s wastewater treatment facility. The rest discharge their wastes directly into the pristine waters. Immediately, the DENR issued show cause orders to 51 establishments. Secretary Roy Cimatu even has a list of 300 establishments being investigated. Also targeted are structures illegally built – too close to shore or on areas classified as forest land. The cause of the evil caused are these inconsiderate businesses; the local government that allowed the problem to fester; and the national government agencies themselves, including the DENR, who were asleep at the wheel.
Cooking the goose that lays the golden egg. The Habagat will return and its winds may, once again, blow the stench and problem further out to sea. But there is no saving the island this time. PRRD has already laid down his trademark six-month ultimatum. The 51 establishments? How about X local government officials disciplined and X DENR officials fired? And post the Horror Roll of violators. For good measure, award the Honor Roll of the compliant. Its time for the DENR, DILG with the DOT to get to work.
Tourist arrivals continue to ramp up. Money has made us view the slime from a different shade of green. Boracay is one of the most renowned beaches in the world. What we have done or failed to do is a reflection on ourselves and our culture that is sure to go viral. PRRD could have ignored the stench as his predecessors did. His action gives the island a chance to heal and redeems our image in the eyes of the world. Its good that the President gave a sh*#t.