COMMITTEE FOR THE
DEFENSE OF LAWYERS
4 F KAIJA Bldg.
7836 Makati Ave.
cor. Valdez St.,
Makati City,
Philippines
Mobile No.:
09209509406
th
E-mail Address:
CODAL
Statement:
lawcodal@gmail.com
CONVENORS
Lawyers:
Atty. Florisa Almodiel
Prof. Victoria Avena
Comm. Remedios Balbin
Atty. Hubert Bustos
Atty. Emilio Capulong, Jr.
Atty. Neri Colmenares
Atty. Charmaine de la Cruz
Atty. Cora Fabros
Atty. Gregorio Fabros
Atty. Ingrid Gorre
Atty. Nenita Mahinay
Comm. Nasser Marohomsalic
Atty. Noel Neri
Atty. Edre Olalia
Atty. Julian Oliva, Jr.
Atty. Jobert Pahilga
Atty. Rachel Pastores
Atty. Ma. Luz Rañeses-Raval
Atty. Amelyn Sato
Atty. Cleto Villacorta
Law Students:
Ms. Jo Abaya
Ms. Cherryl Aguilar
Mr. Julius Matibay
Ms. Shirley Nuevo
Ms. Jill Santos
Paralegals:
Mr. Daniel Javier
Mr. Cesar Arellano
SECRETARIAT
Comm. Victoria Avena
Comm. Remedios Balbin
Atty. Florisa Almodiel
Atty. Rachel Pastores
Atty. Neri Colmenares
Atty. Edre Olalia
International Affairs
Ms. Jill Santos
Linkperson for
Law Students
Court
Atty. Amelyn Sato
Mr. Daniel Javier
Ms. Shirley Nuevo
Ms. Jo Abaya
CODAL
COMMITTEE FOR THE DEFENSE OF LAWYERS
Reference
Date
: Atty. Neri Javier Colmenares
: 8 July 2005
THE EXERCISE OF THE PEOPLE’S RIGHT TO DEMAND FOR
PRES. ARROYO TO STEP DOWN: NOT AN EXTRACONSTITUTIONAL ACT
The Committee for the Defense of Lawyers (CODAL) asserts that a
people power movement demanding that Pres. Gloria Arroyo step down, is
not ‘extra constitutional’. Rallies and demonstrations for the ouster of Pres.
Arroyo is an exercise of the peoples’ constitutional rights under Section 4
and Section 8 of the Bill of Rights. To the people is reserved the right to
decide fate of the nation, for after all Section 1, Article II of the 1987
Constitution declares that ‘Sovereignty resides in the people and all
government authority emanates from them’. The act of a sovereign people
is judicially recognized and even binding on the highest court of the land.
The Supreme Court admitted this in the Marcos’ Plebiscite cases when it
declared that ‘If [the people] had risen up in arms and by force deposed the
then existing government…there could not be the least doubt that their act
would…not be subject to judicial review’.
In the case of Estrada vs. Arroyo (the very case used by Pres. Arroyo
to legitimize her government) the Supreme Court did not find anything
illegal or ‘extra-constitutional’ with the people power that catapulted then
Vice-President Arroyo to the Presidency:
“ In checkered contrast, the government of respondent Arroyo is not
revolutionary in character. The oath that she took at the EDSA Shrine is the
oath under the 1987 Constitution. x x x
EDSA II is an exercise of people power of freedom of speech and freedom of
assembly to petition the government for redress of grievances x x x
The indispensability of the people's freedom of speech and of assembly to
democracy is now self-evident. The reasons are well put by Emerson: first,
freedom of expression is essential as a means of assuring individual fulfillment;
second, it is an essential process for advancing knowledge and discovering truth;
third, it is essential to provide for participation in decision-making by all
members of society; and fourth, it is a method of achieving a more adaptable and
hence, a more stable community of maintaining the precarious balance between
healthy cleavage and necessary consensus." In this sense, freedom of speech
and of assembly provides a framework in which the "conflict necessary to
the progress of a society can take place without destroying the society."
x x x In the relatively recent case of Subayco v. Sandiganbayan, this
similarly stressed that "… it should be clear even to those
with intellectual deficits that when the sovereign people assemble to petition for redress of
grievances, all should listen. For in a democracy, it is the people who count; those who are
deaf to their grievances are ciphers." (Estrada vs. Arroyo, G.R. 146738, March 2, 2001)
The Arroyo government was put in power by the people despite the fact that Pres.
Joseph Estrada did not die, resign nor was he permanently incapacitated or convicted through
impeachment as required under the Constitution. The Supreme Court recognized the
legitimacy and constitutionality of the Arroyo government.
The call of former President Cory Aquino and others for Pres. Arroyo to resign, therefore,
cannot be deemed a ‘threat to democratic principles and constitutional foundation’ as claimed by
Pres. Arroyo. The attack of Pres. Arroyo against those pressing for her ouster as a violation of the
Constitution and an attack against democracy is without legal, moral and constitutional basis. Pres.
Arroyo cannot equate herself with democracy.
CODAL is calling for the President and her cabinet to step down and for the institution of
comprehensive and lasting social reforms under a framework which ensures the people’s effective
participation in governance. CODAL will exercise its right to participate in all forms of protest
that will ensure the achievement of this goal without fear that it is violating the 1987 Constitution
or committing an ‘extra constitutional’ act. CODAL believes that the threats of the Arroyo
government against those who do not ‘adhere to the rule of law and constitutional processes’ is
misleading and only seeks to confuse and instill fear on the people. For a President who was
installed through people power, this turn-around is not only the height of hypocrisy but also a
desperate threat meant to intimidate the Filipino people from exercising their Constitutional rights.
A government that, inter alia, committed human rights violations and desecrated the Bill of Rights
and Social Justice provisions under Article III and XIII of the Constitution, that violated Article VI,
Section 28 by imposing the E-VAT and also violated the principles enshrined in Article II of the
Constitution, does not have the moral authority to lecture the people on the need to abide by the
Constitution.
In her conversations with Comm. Virgilio Garcillano, the President violated, among others,
Sec. 3 (a) of the Anti Graft and Corrupt Practices Act, Section 261 of the Omnibus Election Code,
Section 4 (c) of RA 6713 or the Ethical Standards Act and Article 208 and 210 of the Revised
Penal Code for dereliction of duty and bribery. For using the Office of the Press Secretary to cover
up her crimes by attempting to mislead the public through the ‘Edgar Ruado’ CD, Pres. Arroyo also
violated Section 1 (i) and (f) of PD 1829 on Obstruction of Apprehension and Prosecution of
Criminal Offenders. Her acts of calling her appointee in the COMELEC during the canvassing of
election results is in itself a betrayal of public trust and a culpable violation of the Constitution. For
these criminal acts, the President has lost the legal, political and moral basis to remain in office.
CODAL also finds NBI Dir. Reynaldo Wycoco’s failure to investigate those who may have
committed election offenses in the ‘Hello Garci’ tape, a dereliction of his duty as NBI director.
Dir. Wycoco did not investigate Ellen Peralta, the supposed bagwoman of Comm. Garcillano, Atty.
Vidol and other officials of the Comelec mentioned in the tape and other personalities purportedly
offering bribes to Comm. Garcillano. This omission does not only reflect on the competence of
Dir. Wycoco but also, like Pres. Arroyo, violates Art. 208 of the Revised Penal Code which
provides for a penalty of prision correccional upon a public officer who ‘shall maliciously refrain
from instituting prosecution or punishment of violators of the law or shall tolerate the commission
of offenses’.
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Lastly, CODAL finds the proposal of former Pres. Fidel Ramos for a charter change as a
means of resolving the current crisis, totally without merit. Such proposal does not address the
charge that the President violated our penal laws and the 1987 Constitution. It will not revive the
political and legal mandate that Pres. Arroyo has permanently lost. Attempts to change the
Constitution will not resolve the issue, but will in fact exacerbate the turmoil that the political crisis
has engendered. It will not solve the social ills that have plagued the country for so long. Pres.
Arroyo’s support to amend the very Constitution which she requires everyone to follow shows the
height of her insincerity to constitutional rule.
President Gloria Macapagal Arroyo violated our laws, committed culpable violation of the
Constitution and betrayed public trust. Pres. Arroyo and her cabinet must step down.
CODAL Statement
July 9, 2005
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