Bersamin, movies, ‘living’ Constitution
SUPREME Court Associate Justice Lucas Bersamin was questioning Christian Monsod, a former member of the commission that drafted the 1987 Constitution, during last January’s oral arguments on a petition assailing the extension of martial law in Mindanao. Bersamin asked why the Constitution “ties the hands” of the president on his power to declare martial law. It’s “narrowed and constricted” for the chief executive to ensure survival of the republic. The “present challenges” may not be met by the Constitution.
What prompted Bersamin’s concern: he watches “so many movies.” In “Olympus Has Fallen” (2013) and “London Has Fallen” (2016), he said, there are so many threats that aren’t covered by the Constitution’s requirement of “invasion or rebellion” before martial law can be declared. The justice must have been thinking out loud. He knows only too well why rules limit the power to declare martial law: we had a president who abused it and ruled as a despot for more than a decade.
Just as the Constitution’s framer might have over-reacted, Bersamin might also be overstating the “inadequacy” of the fundamental law. The president is not without the weapon to suppress lawless violence.
The Constitution is empowered to call out the troops in case of assault by terrorists, the threat that Bersamin’s film citation raises. Terrorism is covered under “lawless violence.”
Besides, if we go along with the romp of his imagination, the Presidential Security Group in Malacañang would need only one Mike Banning, the security agent (played by Gerald Butler in the two “Fallen” films) to save the president and the state.
Without a Banning, maybe an efficient and highly trained counter-terrorism program. Martial law would be the “ultimate weapon.” In sum, President Duterte wouldn’t be helpless even if the Constitution is not as generous as Bersamin wants for the chief executives authority.
“Don’t you want,” Bersamin asks Monsod, “a Constitution that is a living Constitution that responds to the present times?” One isn’t sure if he means a Constitution that is “living” (a) because the framers made it so or (b) because the Supreme Court justices interpret it as “living” document.
In the first, the gap may be filled or the flaw corrected by amending the Constitution. In the second, the SC justices can make the document respond to existing conditions. Is that what the high tribunal has been doing? Such as upholding the declaration of martial law in Mindanao even if the conditions warranting it existed only in one city? Or extending the period of martial law even after the rebellion was already suppressed?
Apparently, the line is not expressly drawn between justices who advocate a “living” Constitution and those who believe the Constitution can only be changed by amendment. This is not about deficiency of the Constitution. Despite the plaudits for the 1987 document, it’s not perfect. But here’s the thing, as pointed out by the late U.S. Supreme Court Justice Antonio Scalia.
The problem with the “living” Constitution concept is that power is exercised by the few justices who dominate the high tribunal. Scalia warned against power wielded by a few lawyers in justices robes. Which, viewed from the Philippine experience, wouldn’t be beyond exploitation by greedy or wicked interests.
A Constitution, to Scalia and his adherents, is “static, enduring and unchanging,” in effect “dead,” which shall be changed only by the process of amendment under the same Constitution. Bersamin’s statement, with the ongoing effort to propose amendments to the Constitution, should make us wonder how the justices regard their role as interpreters of the fundamental law. Do they see their decision as a collegial body’s will that supplants the will of the voters who adopted the Constitution in a national plebiscite? SSCebu will be 1-2 and not 0-3.
-o0oThe auditors from the Mining Industry Coordinating Council (MICC) are in town to do their rounds at Benguet Corporation's Acupan Contract Mining Project (BC-ACMP) in Itogon and Lepanto Consolidated Mining Company in Mankayan, Benguet. The team will be spending the whole week revalidating the findings of the first DENR mining audit during GLo's time in 2016. There's nothing to be worried about if you have been complying with the mandatory and general requirements of the law. Good luck and we can only hope for the best.
-o0oBirthday greetings to the following MGBCAR members: Larry Ramos and Christopher Sibayan of MSESDD; Kyla Mauri, Hector Martin and Karen Nietes of FAD/ORD; Kelvin Carlo Gaerlan of GSD and Denver Wayas assigned at CENRO Calanasan. Congratulations to the newly elected Directors of the DENR CAR Employees Cooperative (DENR CAREMCO).
-o0o“Are you aware that rushing toward a goal is a sublimated death wish? It's no coincidence we call them 'deadlines.” ~ Tom Robbins, Half Asleep in Frog Pajamas
“While you'll feel compelled to charge forward, it's often a gentle step back that will reveal to you where you and what you truly seek.” ~ Rasheed Ogunlaru
“There is nothing noble in being superior to your fellow man; true nobility is being superior to your former self.” ~ Ernest Hemingway
“True humility is not thinking less of yourself; it is thinking of yourself less.” ~ Rick Warren, The Purpose Driven Life: What on Earth Am I Here for?