Editorial 8/12/16 (Philippines, traffic, Duterte, crime, judiciary, due process, drugs, Muslims, constitution)


Philippine Star "Untangling traffic"
Emergency powers are being sought for President Duterte to speedily address the crisis that is the traffic mess in Metro Manila. Almost every day there is a reminder of that emergency: traffic jams along most thoroughfares except Sundays and holidays, commuter trains so packed because of limited capacity and the Metro Rail Transit breaking down, sometimes several times in one day. These days the traffic jams have been aggravated by rutted roads as asphalt pavement again disintegrates during the rainy season. Yesterday a rutted stretch a mere two meters long on the northbound lane of Quiapo Bridge tied up traffic from the Manila City Hall as vehicles were forced to slow down. This problem is again becoming increasingly common throughout Metro Manila. Even as Congress deliberates on emergency powers for the President to deal with the traffic mess, perhaps the firm hand of the Duterte administration can demand more accountability from public works contractors in delivering quality roads. [full text]
Sun.Star Cebu "Consensus building, not iron hand"
PRESIDENT Rodrigo Duterte has been largely silent after talking about declaring martial law in response to Supreme Court Chief Justice Maria Lourdes Sereno questioning his inclusion of eight judges in the “narco list” that he made public recently. He is leaving it up to his spokespersons and his allies to find ways to cushion the impact of his statement. After initially struggling to find an effective explanation, the President's spokespersons and allies are settling for something used during the campaign period when some of Duterte's statements also invited controversies. They are asking the public to learn to differentiate when the President is serious and when he is not.
To be fair, his raising the possibility of declaring martial law may not be serious or may be more rhetorical than real. He may just have been piqued by Sereno questioning his naming the eight judges as having links to the illegal drugs trade and blurted out everything that came to his mind. That he has not added anything to the controversy since then could mean he has realized his mistake. [full text]
Mindanao Times "Beware of spoilers"
THE ADMINISTRATION of President Rodrigo R. Duterte has been aggressive in its pursuit of peace even as there have been hitches in regard to its negotiations with the communist rebels. This weekend, the team of Presidential Peace Adviser Jesus G. Dureza to the negotiations with the Moro Islamic Liberation Front, will fly to Kuala Lumpur, Malaysia to launch the implementing phase of the Comprehensive Agreement on the Bangsamoro, an agreement that the two sides signed in March 2014. However, in a press briefing yesterday, Dureza, considered the old hand in the government peace negotiations with rebel groups, said the goal of the government is to create an environment of an inclusive peace by also talking with the Moro National Liberation Front, a Moro group which has been embroiled in internal conflict following the falling out of its leaders with their “elder,” Nur Misuari. [full text]
Manila Times "Martial Law not an escape from the Constitution"
In the midst of controversy over whether Martial Law could once again prevail in this country, it would be worth revisiting our Charter.
Our law of the land states explicitly in Section 18, article VII: “A state of Martial Law does not suspend the operation of the Constitution nor supplant the function of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, or automatically suspend the privilege of the writ of habeas corpus.” This is not all. The section also spells out the precise conditions for a Martial Law proclamation to be valid, and  for its challenge. “Whenever it becomes necessary, [the President] may call the armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion when the public safety requires it, he may for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under Martial Law. [full text]
Inquirer "Losing it"
After President Duterte named several judges in his list of government officials or employees involved allegedly in the illegal drugs trade, Chief Justice Maria Lourdes Sereno wrote him a four-page letter detailing “some observations” about his accusations and airing some concerns about his very public tack. (The letter was almost immediately made public.) But the letter also emphasized that the judiciary shared the administration’s alarm over the drug problem, and prayed for the administration’s success. In response, the one person entrusted by the Constitution with commander-in-chief powers issued a startling threat. “Would you rather that I will declare martial law?” President Duterte apostrophized. To appreciate just how disproportionate, and problematic, Mr. Duterte’s response is, it is only necessary to stipulate the following undisputed facts: One, the President included seven judges in his so-called “narco-list,” out of over 150 names. [full page]

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