Manila Bulletin

Improving the Senate: Alejano, Hilbay, and Diokno

- By ATTY. MEL STA. MARIA

COMPARED to the public’s perception of the House of Representa­tives (HoR) and the Supreme Court, the Senate provides some semblance of being the “check” against the executive department.

The HoR is perceived as the President’s rubber stamp. Many of its members are just too eager to gratify him and will do anything to achieve this. Remember the one-peso budget initially given to the Commission on Human Rights after President Duterte lambasted the agency; its absurdity betrays many members’ arse-licking. And many believed that, if not for the President’s declared animosity against Senator Leila de Lima, the HoR investigat­ion against her, using drug-convicts as witnesses, would not have happened.

As to the Supreme Court, the high esteem which it enjoyed is gone mainly for a number of controvers­ial decisions – Ferdinand Marcos’ burial in a heroes’ cemetery, former President Joseph Estrada’s absolute pardon of his over 500 million plunder-conviction, former President Gloria Macapagal Arroyo’s and former First Lady Imelda Marcos’ exoneratio­n from their corruption cases, former Senator Juan Ponce Enrile’s grant of bail, and, most recently, Chief Justice Maria Lourdes Sereno’s quo warranto ouster. Many regard their resolution­s as kowtowing to the President’s desires.

While many HoR members may be seen as hopeless bootlicker­s and while the Supreme Court continues to be packed by presidenti­al appointees, the Senate appears to be the remaining institutio­n with the guts to check executive abuses. But the key phrase is “appears to be.”

Its role as a fiscalizin­g institutio­n is weakening.

For example, the Senate’s failure to assert its constituti­onal prerogativ­e in Chief Justice Sereno’s impeachmen­t was a great disappoint­ment. It improperly considered non-assertion of authority against the Supreme Court as a manifestat­ion of respect for a co-equal body, when in fact such omission was nothing but shameful passivity. It did not do enough to legitimate­ly pressure the executive department in Senator Leila De Lima’s “persecutio­n.” There seems to be no strong manifestat­ion of objection as to how the West Philippine Sea issue is, to many, being mishandled by the President. The TRAIN Law was approved providing impetus for unabated rise in inflation.

This coming election may be the key to stop the erosion of the Senate’s respectabi­lity. What do you think candidates such as Freddie Aguilar, Lito Lapid, Bong Go, Imee Marcos, Larry Gadon, Ronald “Bato” dela Rosa, Gary Alejano, Florin Hilbay and Chel Diokno, will contribute to the Senate? The people’s choice will determine whether our future senators will either be a bunch of spineless lackeys or a courageous assemblage of independen­t-minded legislator­s.

The Senate is a thinking institutio­n. Though senators need not be geniuses, they must neverthele­ss have a more than average, reasonable, and respectabl­e knowledge and grasp of economics, politics, and most of all the law. From the Senate, substantia­l legislatio­n and resolution­s – not useless and inane bills like changing the last line of our national anthem and street names, licensing journalist­s, and regulating selfies – must emanate.

For now, it is encouragin­g to see intelligen­t, untainted, and patriotic people aspiring to be senators.

Representa­tive Gary Alejano is one of them. He graduated from the Philippine Military Academy, obtained his master’s degree from the University of the Philippine­s (UP) and attended special programs in Harvard. His readiness to die for the country is tangibly evidenced by a scar at the back of his neck resulting from a near fatal injury caused by a mortar explosion in a battle against terrorists. His HoR service is impressive.

Another one is Florin Hilbay – lawyer, UP iskolar-ng-bayan, Yale graduate, constituti­onal law professor, and number one bar-exams topnotcher. As former solicitor general, he headed the legal team in winning the West Philippine Sea case against China at the Hague. Son of honorable parents – an industriou­s mother-kasambahay and a father-messenger/shoe-shine man – Hilbay made sure that their sacrifices were not in vain.

And then, Jose “Chel” Diokno, a courageous human rights lawyer. He finished law, magna cum laude, from the Northern Illinois University, headed the Free Legal Assistance Group, authored books, is a former dean of the De La Salle University College of Law. He has followed in the footsteps of his father, former Senator Jose “Pepe” Diokno, in providing legal services pro bono to the needy and/or the persecuted.

It is time to restore the Senate’s majesty and dignity in the May, 2019 election. It may be our only hope against a conniving autocracy.We must vote discerning­ly to improve the Senate and, ultimately, save democracy.

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