Thursday, December 17, 2009

An effective counter-punch

ON DISTANT SHORE
by Val G. Abelgas

Floyd Mayweather Jr. has been undefeated in the ring because he has mastered the art of hit-and-run. He stings his opponents with power jabs and a few solid punches then moves back. His footwork is so fast, he can deliver a few punches and move out before his opponent could counter-punch. He does this repeatedly until the opposing boxer gets tired or gets so frustrated that he drops his guard or becomes careless. That’s when he delivers his knockout punch.

Gloria Macapagal Arroyo has mastered the same trick. She cheats her opponent and when caught on tape speaking with a Comelec commissioner in the infamous “Hello Garci” controversy, she steps back and said “I…am…sorry.” When protest rallies threatened to escalate in the controversy’s aftermath, she struck again with a policy called CPR or calibrated preemptive response where policemen were ordered to break up mass actions.

When the opposition mounted protests and media intensified its criticism of her administration and pressuring her to resign, she delivered a stunning blow with a declaration of a state of emergency in February 2006 and arrested leading oppositionists and raided critical media outfits. After these acts of intimidation, she steps back a week later and lifted the declaration. By then, she had doused cold water on growing protest actions that could have led to another EDSA uprising by prohibiting protests and demonstrations and threatening to detain anyone without arrest warrant.

Many times, she tried to force charter change and stepped back when the opposition to her attempts grew.

When a convoy of civilians and media men were ambushed and executed by the militia of her political allies in Maguindanao while on their way to file the certificate of candidacy of the Ampatuans’ political rival, she saw it as an opportunity to take a swing again with a declaration of a state of emergency, and subsequently an imposition of martial law in the province.

Before Congress could deliberate and vote on its continuation or revocation, and before the Supreme Court could decide on the petitions against the proclamation, Arroyo smartly lifted the order, leaving the oppositionists with nothing to punch but air.

Is the fight over yet? Arroyo has not even started. Like Mayweather, she is probably just tiring the people to submission and testing how far her opponents can still go before delivering the possible knockout punch – a martial law imposition just before the May 10 elections.

An unlikely scenario? Not at the pace she has been trying to remain in power beyond 2010. Not at the rate she has been undermining constitutional and legal processes since her assumption to power by unconstitutional means in 2001.

Have the people grown tired and apathetic to resist the knockout punch? Let’s hope not. The more the people should muster the courage and the strength to fight back, to deliver their own counter-punch and hopefully put Arroyo down on the canvas for the final count.

The senators are right in passing the resolution declaring the imposition of martial law in Maguindanao as unconstitutional even if Arroyo had lifted the order. Former Sen. Jovito Salonga and his group are right in urging the Supreme Court to deliberate and rule on its legality despite the government claim that the issue is “moot and academic.”

Salonga said Arroyo should be made accountable for grave violation of the Constitution when she placed Maguindanao under martial law despite the total absence of an invasion or rebellion, the two grounds warranting the declaration of martial law.

“Respondent Macapagal-Arroyo’s action is capable of repetition yet evading review. There is a high probability that Arroyo might again place Maguindanao province and even the whole island of Mindanao under martial law due to a perceived notion on the part of the Executive that there is a looming rebellion. Hence, for the strict constitutional guidance of the Executive, there is an urgent need to adjudicate on the fundamental constitutional issues raised by the instant petition,” the motion said.

The Senate declared its stand on the martial law imposition by stating its sense that Arroyo’s act was contrary to the provisions of the 1987 Constitution. But the Senate and the House as a joint body adjourned without making a vote on Proclamation 1959. It is now left again to the Supreme Court to make its stand.

The people should continue pressing the Supreme Court to act on the Salonga group’s motion for a ruling on the constitutionality of Arroyo’s martial law declaration. If the Supreme Court follows the steps of an inutile Congress, Arroyo would be emboldened to declare an expanded martial rule that would pave the way for his continued stay in power beyond her constitutionally mandated end of term on June 30, 2010.

Failing that, there is sufficient reason for the spirit of EDSA to rise again and do what democratic institutions shall have failed to do – to stop a tyrant. That is the most effective counter-punch to a shrewd and scheming hit-and-run fighter.

(valabelgas@aol.com)

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