By: Allan Elutin Ecleo
President Rodrigo Duterte bombards Sen. Leila Delima on national TV with an allegation[1] linking the senator and her driver to illegal drugs.
President Rodrigo Duterte bombards Sen. Leila Delima on national TV with an allegation[1] linking the senator and her driver to illegal drugs.
De Lima, however, admitted that there
was some truth (although without getting into detail), telling that some are snippets
of facts, snippets of truths, but the bulk of it are distortions,
exaggerations, and lies. She had repeatedly repudiated being involved in illegal trade, saying the accusation is only an attempt by the administration to derail her forthcoming Senate probe into supposed extra-judicial killings[2].
When pressed about a house in Pangasinan
that she reportedly had built for her driver, De Lima said that it is not hers.
Duterte also accused the former
secretary of justice of immorality, after carrying on an affair with her driver.
If Duterte’s allegations against De
Lima are baseless which Delima (repeatedly denied in the past) treated as a
commission of an abuse and misuse of his executive powers, to hamper the latter’s
accusations against the president concerning extra-judicial killings under the
Duterte administration, then this is not a graceful act of an educated, senior
citizen president of the country.
Is
the President taking advantage of his immunity against class suit?
The Philippine
president’s immunity[3]
from suit stems from the nature and scope of his powers and responsibilities. Section
1 Article 7 of the 1987 Constitution provides that executive power of
government is vested only in the president. The business of government is principally
on his shoulders. This is shown in Section 16 Article 7 of the Constitution
directing that the “President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers of the armed
forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall also appoint all
other officers of the Government whose appointments are not otherwise provided
for by law, and those whom he may be authorized by law to appoint. The Congress
may, by law, vest the appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.”
The Head
of the State is the one in-charge of coming up with the budget for the whole
government machinery (which is a tough one), tasked as the Commander-in-Chief of
the Armed forces, the premier foreign-affairs policy-maker, and the one in
charge of peace-and-order. He works out on general management over all local
governments, reports to Congress yearly in his State of the Nation address and represents
the Philippines in guaranteeing foreign loans. Likewise, it is his duty to grant
reprieves, commutations, and pardons, remit fines and forfeitures, after
conviction by final judgment of a criminal.
Hence,
there is no other position quite like the presidency. The President manages the
affairs of the government and if cases are filed against him, the exercise of
his sovereign functions will be obstructed, which is injurious to the State.
The
rationale for presidential immunity is exhibited in Nixon vs. Fitzgerald (457
US 731), as the US Supreme Court clarifies:
The Church’s reminder on servant
leadership
The Catholic Church constantly
reminds that the political authorities are obliged to respect the fundamental
rights of the human person and dispense justice humanely by respecting the
rights of everyone, especially of families and the disadvantaged. (Catechism of the
Catholic Church CCC 2237).
Those who exercise authority should
do so as a service. “Whoever would be great among you must be your servant. “The
exercise of authority is measured morally in terms of its divine origin, its
reasonable nature and its specific object. No one can command or establish what
is contrary to the dignity of persons and the natural law. (Catechism of the
Catholic Church CCC 2235)
The exercise of authority is meant to
give outward expression to a just hierarchy of values in order to facilitate
the exercise of freedom and responsibility by all. Those in authority should
practice distributive justice wisely, taking account of the needs and
contribution of each, with a view to harmony and peace. They should take care
that the regulations and measures they adopt are not a source of temptation by
setting personal interest against that of the community. (Catechism of the
Catholic Church CCC 2236)
Nevertheless, if Duterte’s
allegations are true, then this should go through the due process in the court
but not to be broadcasted all over the world.
Be subject to every human
institution for the Lord's sake, whether it be to the king as supreme or to
governors as sent by him for the punishment of evildoers and the approval of
those who do good. For it is the will of God that by doing good you may
silence the ignorance of foolish people. Be
free, yet without using freedom as a pretext for evil, but as slaves of God.
Give honor to all, love the community, fear God, honor the king.
|
References:
[1] Mark Merueñas, GMA News, De Lima denies drug links but
confirms bits of truth in Duterte’s remarks, Published August 19, 2016 3:52pm, http://www.gmanetwork.com/news/story/578230/news/nation/de-lima-denies-drug-links-but-confirms-bits-of-truth-in-duterte-s-remarks
[2] Vanne Elaine P. Terrazola, De Lima warns evidence against her will put president to shame Manila Bulletin, vol. 524, no. 21, page 1, August 21, 2016
[2] Vanne Elaine P. Terrazola, De Lima warns evidence against her will put president to shame Manila Bulletin, vol. 524, no. 21, page 1, August 21, 2016
[3] Mel Sta.
Maria, Why a President is immune from suit and a Vice President is not, May 28,
2015 9:05 AM, http://interaksyon.com/article/111307/mel-sta-maria--why-a-president-is-immune-from-suit-and--a-vice-president-is-not
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