Wednesday, January 04, 2012

Constitutional Powers

“The Legislature power shall be vested in the Congress of the Philippines… The executive power shall be vested in the President of the Philippines… The judicial power shall be vested in one Supreme Court…” (1986 Constitution of the Philippines, Art. VI, Sec. 1; Art. VII, Sec. 1; Art. VIII, Sec. 1).

So there are three constitutional powers in the Philippines. So there are the power to make laws, the power to implement the laws made, and the power to resolve the violation of laws in the Country. So there are the Legislative, the Executive and the Judicial Departments that govern the Filipino people. Each is separate from the other. Each is complementary of the other. Each is equal to the other. So say the People of the Philippines. So provides the Philippine Constitution. So expect the Filipinos.

The three Departments have the trust of the people to earnestly and faithfully comply with their respective constitutional task – for the common good and public welfare of the Filipinos. The threefold task makes a composite whole although the said Departments do it separately. They have their respective priorities although they have to collaborate by acting in their likewise separate competences. Separate in power they are. Yet they are equal in dignity and in serving one and the same democratic and republican State.

Thus it is unless there is dictatorship. Thus it remains until someone pretends to be above one of the other on account of megalomania. And thus it should be except when one Department dares think that it is stronger, better, brighter than one or the other. And this is precisely when the signs of tyranny come to fore, when the three powers are merged into one either in thought or in fact. And this when government thinks and acts by itself and for itself, when governance becomes a curse rather than a blessing to the governed paying their government officials.

Looking at the present intent of the Executive Department to impose on and conquer the Judicial Department, and considering the sad spectacle of a Chief Executive posturing to be over and above the Chief Justice – this is neither rational nor funny. It is as clear as the sun in summer that there is equality between one Chief and another Chief. Wherefore, the one who thinks and wants to conquer and shallow the other can be anything but realistic and wise, lucid and prudent.

So it is that on the occasion of the New Year, would that the Good Lord does not get tired of us. Would that we do not get tired of our poverty and misery. Would that the people do not get tired of their present government.