The Freeman

Defending the indefensib­le

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It is understand­able for Cebu Governor Junjun Davide to come rushing to the defense of President Aquino. After all, he is an ally of the president and probably owes his election to the latter. But if Davide is to defend Aquino, in face of mounting calls for him to step down, he should at least make sure his defense is valid and, more importantl­y, does not embarrass the Cebuanos who he represents.

In published reports that he has not denied until now, or claimed to be inaccurate, Davide said a constituti­onal crisis could ensue if the calls for Aquino to resign should persist. Huh? What constituti­onal crisis is Davide talking about? Is Davide sure of his legal understand­ing? How can calls for Aquino's resignatio­n set off a constituti­onal crisis?

This country used to demonize Aquino's predecesso­r, Gloria Macapagal Arroyo, for virtually the entire length of her presidency. Not only was she subjected to similar but more virulent calls for resignatio­n but actual attempts to remove her unconstitu­tionally were launched, notably by one who is now self- righteousl­y sitting in the Senate at the expense of the country he once tried to destabiliz­e. Yet no constituti­onal crisis took place during the Arroyo presidency.

On the contrary, the constituti­on held strong. In fact, the constituti­on during Arroyo's time held strongly enough for constituti­onal change to take place, a constituti­onal change that saw Davide's own beloved Aquino come to power. But Davide must have forgotten that. Or he simply does not understand how the constituti­on works, or how the constituti­on, any constituti­on, can be as strong as the people allow it to be.

Davide, therefore, should not be afraid of people calling on his beloved Aquino to resign. Such calls are well within the constituti­onal rights of people to make. The governor should be thankful instead than the people have shunned the unconstitu­tional alternativ­e of forcibly removing the president by a coup. Such a path is destructiv­e and is a solution worse than the problem. The people know that even without Davide telling them.

No constituti­onal crisis will ensue from mere calls for the president's resignatio­n. Not even if the president obliges and actually resigns. The constituti­on itself has made sure of that by providing a constituti­onal line of succession that the people themselves put in place through an election. There is the vice president, for example, ready to take over. And if Davide does not like the vice president, then he has a problem because he swore an oath to defend the Constituti­on.

As to Davide's other line of defense, that if people have anything against the president they can always go to court -- that is really perplexing. We do not know from which part of the galaxy that signal is coming from. As everybody knows, a sitting president cannot be sued. If the constituti­on which Davide seems to have too little faith in works, then his beloved Aquino will be immune from suit until he steps down in 2016. Even non-lawyers know that.

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