The Constitution is not optional
ANY grade-school student knows that the 1987 Philippine Constitution is the supreme law of the land. It establishes the framework for the country's government and its relationship with its citizens. It defines the powers and duties of the government, guarantees fundamental rights, and provides for checks and balances to prevent the abuse of power.
We all learned this as children, yet lawmakers — some of them with law degrees — continue to defy the basic law of the land and choose to ignore its 'inconvenient' provisions. For example, for decades, succeeding Congresses have ignored the constitutional ban on political dynasties. Article II, Section 26 of the Constitution could not be clearer: 'The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.' To date, more than 30 bills seeking to regulate political dynasties have been filed in Congress, but not one has been passed. The reason is easy enough to discern: with 80 percent of Congress and well over 50 percent of all local government officials coming from political families, there is very little incentive for these lawmakers to act against their own self-interest. This concentration of power continues to foster corruption, weaken the nation's institutions and systematically deny capable but less-connected individuals the opportunity to serve. In April this year, the Supreme Court shook off its lethargy on this issue and ordered the Senate and the House of Representatives to submit their comments within 10 days regarding a series of petitions calling for the enactment of an anti-political dynasty law, as the Constitution requires. To our knowledge, no such comments have been forwarded to the nation's top court. We do have Senate President Francis Escudero on record as saying the Supreme Court cannot compel Congress to enact a law banning political dynasties. 'The Supreme Court has said that Congress cannot be forced by a mandamus from the court to pass a law. The legislative process is a political question,' Escudero said in April, referring to a petition filed in 2013 seeking judicial intervention on political dynasties. The Senate president ought to be familiar with political dynasties. The Senate he presides over is home to two pairs of siblings and a mother-and-son tandem. President Ferdinand Marcos Jr.'s elder sister is also a senator. Now, the same Senate leader has shrugged off a constitutional requirement that in case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House, the same will constitute the articles of impeachment, and 'trial by the Senate shall forthwith proceed.' 'Forthwith' means immediately and without undue delay, yet Escudero has rescheduled the convening of the impeachment court from June 2 to June 11, citing the need to pass important laws. Critics, however, argue that the delay cuts short the time the Senate will have to conduct a trial before its term comes to an end on June 30. Opposition Sen. Risa Hontiveros said the delays in the impeachment trial were no longer procedural but obstructions 'dressed up as protocol.' The senator said convening as an impeachment court and commencing trial 'is expressly mandated by the Constitution. And yet this process has been delayed and dragged on for four long months.' 'In those four months, I've been called eager, aggressive, impatient, 'atat' . But the simple truth is this: We are not rushing. In fact, we have been waiting,' she added. 'The Filipino people are waiting. And we believe four months is more than enough. These delays are no longer procedural. They are obstructions dressed up as protocol,' Hontiveros said. The impeachment process, she added, 'is a crucial means of demanding accountability exclusively entrusted by the people to the Senate.' In a radio interview, Escudero defended himself from accusations that he was trying to scuttle the impeachment trial. He pointed out that a majority of Filipinos are more concerned about seeing their leaders 'prioritize pressing national concerns over partisan conflict' than engage in political bickering. He said most Filipinos would rather see their lawmakers focus on governance instead of getting mired in politicking. 'It's not right getting fixated with politics from Monday to Friday every week,' Escudero said. That may well be, but we feel compelled to point out that at this stage, public opinion doesn't matter. One survey may say most Filipinos do not support a trial, while another might find that they do. This is irrelevant because the Constitution demands that if a verified impeachment complaint is filed by the House, 'trial by the Senate shall forthwith proceed.' And as we all should know, the Constitution is not optional.
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