Can ASSO’s be too far behind?
President GMA issued yesterday Executive Order 464, requiring cabinet members, police and military generals, senior national security officials, and “such other officials as may be determined by the President” to first seek her approval before appearing before any inquiry of the Senate or the House of representatives.1
Also, should the security of the state or public interest require it, and the President states so in writing, the appearance (if granted) shall only be held in executive session.2
Section 2 of the document notes that “the rule of confidentiality based on executive privilege3 is fundamental in the operation of government and rooted in the separation of powers in the Constitution.”4 This executive privilege covers all classified and confidential information between the public officials noted by said Executive Order5, including:
- Conversations and correspondence between the President and the public officials covered by this executive order [EO 464]. (Meaning Garci can’t testify to either House even if he was here)
- Military, diplomatic and other national security matters which in the interest of national security should not be divulged. (Meaning more bad news for this guy)
- Information between inter-government agencies prior to the conclusion of treaties and executive agreements.
- Discussions in closed-door cabinet meetings.
- Matters affecting national security and public order.(Meaning: get off Bert’s back!)
In line with this EO, newly appointed U.P. College of Law Dean Salvador Carlota has instructed members of the U.P. Law Center not to attend tomorrow’s Senate hearing of the Committee of the Whole investigating the North Rail project6, and Malacañang is reportedly requesting for a cancellation of the hearing.7.
Then it hit me. She’s dead serious about being the bully now, and it’s scaring the badoodles out of me. Now, I pride myself in my testicular fortitude, and despite my previous misgivings about GMA, I never really thought she’d go this far. By saying that “all heads of departments of the Executive branch of teh government shall secure the consent of the government prior to appearing before House or Congress8,” she’s basically saying that the Senate or Congress can’t question anything that she does anymore. By putting restraints on the right for peacable assembly, neither can we.
The UP study is a case in point: the UP Law Center was commissioned by the Office of the Senate President to conduct a study on the legal, economic, financial and technical aspects of the North Rail contracts. The project costs US$503 million, to be funded by a US$421-concessional loan from China to be paid in 20 years with a five-year grace period at an interest rate of three percent.9 With EO 464, is GMA saying that government projects can no longer be questioned or studied (or the results of such studies won’t be released/reviewed to/by the House/public) until it’s too late?
It’s a takeover plan
Last week, news of a takeover plan being drafted by Justice Secretary Raul Gonzales was leaked to the press. In it’s defense, Gonzales lamented that the opposition had apparently succeeded in scaring the people by raising the martial law bogey, saying that while he agreed with critics that an emergency situation did not exist at this time, it does not mean that such a situation will not happen.10
Taken out of context, I really think it’s a good idea. It’s obvious the oil-deregulation laws aren’t doing what they were intended to do (or what Ramos said they’d do). Taking over the oil industry, even temporarily, might just be what we need to get a breather.
But politics, like comedy, is all about timing. Now Marcos, with the exception of his later years, had good timing. That’s why (and how) he got reelected in the ‘69 elections – nobody was better than him: former Manila Mayor Arsenio Lacson was dead, Osmeña was weak, Aquino was underage, the opposition was in shambles. That was also the reason why Marcos didn’t declare Martial Law in 1970, even after activists rammed the Palace gates with that fire truck and the First Quarter Storm was in full swing. Timing. It wasn’t the right time.
Now in contrast, Gloria decided to run for reelection in 2004, when the opposition had a very strong, charismatic candidate in FPJ. That she won anyway is still up for debate. Hello, Garci? News of this ‘takeover plan’ comes at a time where 1.) she’s publicly declared that she’s “tired of chasing the bully around the schoolyard“, 2.) she’s removed uncooperative officials, 3.) there’s reson to belive there’s been electoral fraud, 4.) her NSA was caught with his pants down, 5.) she’s replaced her “maximum tolerance” policy with one of “preemptive action”, 6.) Executive Order 464, and this just in: 7.) increasing pressure on the family of former President Corazon C. Aquino’s Hacienda Luisita.
Now while I’m for government control of the oil industry and the turning over of the sugar estate in Tarlac to the farmers, the timing just reeks something fishy, especially since Cory was very vocal in calling for GMA’s resignation.
So what’s next? Arrest, Search and Seizure Orders?
I believe that some form of emergency rule is in the offing. It’s probably not martial law because she won’t get away with it and I’m just liable to do a Steve Ballmer11 on her, but something that does the same thing. Marcos used the communist threat to push his agenda. GMA is using terrorism and the economic crisis to further hers.
Over the last few weeks I’ve seen some very disturbing things. Bad tidings indeed.
- GMA clips congressional powers – Philippine Center for Investigative Journalism
- Executive Order 464
- Pretty much what NSA Bert Gonzales was alluding to when he was avoiding questions in the Senate Blue Ribbon Committee hearing
- Executive Order 464
- Section 2(b), Executive Order 464
- UP legal and technical experts to attend Senate hearing on Northrail despite Arroyo order – Philippince Center for Investigative Journalism
- loc. cit.
- Section 2, Executive Order 464
- UP legal and technical experts to attend Senate hearing on Northrail despite Arroyo order – Philippince Center for Investigative Journalism
- Malacañang backs DOJ takeover plan – Philippine Daily Inquirer
- I’m going to fucking bury that guy, I have done it before, and I will do it again. I’m going to fucking kill™ — © 2005 Steve Ballmer
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