Let the Rule of Law Prevail

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align boxBlog Owner and Post Author: Lainy

Article III section 6 of the 1986 Philippine Constitution provides and I quote:

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the “right to travel” be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Based on the aforementioned constitutional provision it is very explicit that the right to travel cannot be impaired except in the interest of national security, public safety, or public health (Villavicencio vs Lukban 39 Phil 778).

Question:
If we allow former Pres. Arroyo to travel abroad, will it endanger our national security? Our public safety? Our public health?

I am not an Arroyo fan but we have to abide by the Rule of law. Ours is a Government of law and not of men.

At a Facebook Page of COMELEC where members are employees of Field Offices and most of them are lawyers, there was a varying degree of disagreement and agreement on the subject at hand.

One was quoted as saying:

We are discussing here from the legal standpoint of the law , as to whether the T.R.O was issued speedily by the Supreme Court that is another thing.Question: Is it illegal for the Supreme Court to act speedily on a particular petition?


Another employee expressed this:

The search for truth and justice by the Aquino government must not at any time be at the expense of the rule of law. The end does not justify the means. If there is any one to blame, it’s the government, not the Arroyo’s or the Supreme Court. A case should have been filed in court earlier on to justify any hold departure order. Without a court order pursuant to the grounds enunciated in Article III, Section 6 of the Constitution, I dont think the Justice Secretary can prevent anybody from exercising his rights to travel. I am for justice and for truth, however in attaining this, I believe we must uphold the rule of law and not the force of law. Otherwise, anarchy might prevail over the land. The Temporary Restraining Order is immediately executory and so it must be given due course. The justice department is not a court of law and has no powers just like the Supreme Court. If we want order in this land, then we must begin by observing the laws and the legal processes, no shortcuts.

However, the Boss who blogs from Bottom Lines has a different point of view on the matter. He was quoted as saying this:

l don’t agree. With all due respect, the Supreme Court (SC) should not have given due course to the Temporary Restraining Order (TRO) or should have deferred its issuance in deference to a co-equal branch of the government. For all her worth, Sec. De lima is a mere alter ego of the President and was just implementing the law applicable thereof. What is happening has now turned into a clash between two titans- the Executive branch and the Judiciary…A crisis that could have been avoided had the SC kept a hands off policy over the GMA issue. The venerable justices can do that. Having been known to be ruled by mostly GMA appointees, the SC perhaps succumbed to the legal pressure and tactics of team GMA. For what good is legally correct decision when it runs counter to public opinion and general sentiments…

If you would allow me to answer the abovementioned question from a non-lawyer’s stand point, my answer would be Court decisions are based on law and evidence NOT on public opinion so “LET THE RULE OF LAW PREVAIL”.

Thank you Pictures, Images and Photos

K R I Z Z A
First commenter for this post…

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22 Comments Post a Comment
  1. KRIZZA says:

    I agree with you on this point Lainz, “Let the rule of law prevail. Oftentimes, I would read some articles putting a blame to a certain group of people or sector in the government for some failures in the way things are going on in our country. I am not pro government neither I am a fan of GMA and Pnoy. I am just an ordinary citizen who lives day by day observing things as they happen. Though I admit that our government was never perfect from the very beginning and that Filipino people were long time suffering due to their incompetency in leadership, I’m totally hands off. For one, I am not in their shoe, and if in case I would be in their shoe, I also don’t know if I can run the government perfectly. Minsan kasi mas madali mag conclude pag hindi ikaw mismo ang nakasalang. The same way na madali makita ang errors if you are not the one who actually performs. So, as you said…”let the rule of the law prevails”. I like it when you said that ours is a government of law and not of men.

    Thanks for your comments this morning. It truly makes my day! :) KRIZZA´s last [type] ..Scars Of Life

    [Reply]

    Lainybelle Reply:

    @KRIZZA,

    Thanks for the substantial input Krizz and sharing your thoughts on this issue.

    I have frequently said that I have lost hope for our country. I can vividly see happening what a Chinese Philosopher had once said:

    “In a Semi-Feudal & Semi Colonial Society”… the Rule of Law is like a spider web…. it only catches tiny insects… but among the big ones…. they are the Law….

    If we only begin to implement the law equally whether big or small insects, then that is the biggest transformation this ailing government can do for this hopeless country.

    [Reply]

  2. KM says:

    i’m not an arroyo fan either. i left phils during the peak of hello garci scandal and the time when the minority was petitioning for arroyo to be impeached. honestly, that turn in philippine politics disgusted me and made me feel really glad and relieved to have escaped that by migrating to another country. there was just too much greed for power and sad to say, although pretty obvious, a lot of Filipinos are turning a blind eye to that.

    fast forward, more than six years since i left the sinking ship of Philippines, i came home for a balikbayan visit, and lo and behold, arroyo political scandals welcomed me back. i wonder when will i hear the end of this. i guess, “the answer is blowing in the wind.” tsk tsk.
    KM´s last [type] ..MORE THAN SEXY IS NOW PR2!

    [Reply]

    Lainybelle Reply:

    @KM,

    Hey KM! Welcome back to Lupang Hinirang! Finally, after 6 long years, you’re back home!

    As of this time, Arroyo is now under hospital arrest on charges of electoral sabotage for allegedly conspiring to rig the senatorial election in 2007.

    The question on how long will the hands of the law go after her still lingers in the Filipino’s minds. With this issue, I am not particular about the perception of people to the SC, neither GMA. What I care about is the processes and the institutions of government… that it must function properly. Otherwise, it will show that we have a weak democracy.

    [Reply]

  3. KRIZZA says:

    Wow! Ako na naman pala ang first commenter! Thanks for the linky love. Hahaha!! Dumaan lang ako dito Lainz to say hi to you. Medyo hectic yung araw ko ngayon at kulang talaga ako sa tulog. Kaya I should call it a day and go to bed after posting this message. :)
    Happy Sunday na rin! Enjoy your day with the family!

    *hugs*
    KRIZZA´s last [type] ..Holiday Giveaway

    [Reply]

    Lainybelle Reply:

    @KRIZZA,

    Yes Krizz. Thanks for being my FC again. I need to ask Marzie, the brains of First Commentator Club on how to have a plug in so that I could easily keep track on who’s gaining more recognition as FC.

    Thanks for being here just to say Hi. That’s so sweet of you.

    Why is it that we’ve been plagued by the same dilemma each time? LOL! Hectic din ang araw ko at sobrang kulang sa tulog kaya nga masakit ang ulo ko ngayon. Sigh! :-(
    Hope you had a fab Sunday, Krizz.

    Hugs back to you!

    [Reply]

  4. Windy says:

    The rule of the Law!

    Give me a break will yuh. No, thanks for the laugh and a big hearty one at that.

    What Law?

    In a country that has snubbed the rule of the Law in every facet of Filipino life, the rule of the Law is a misquote.

    In fact, the Law per se in the Philippines needs an overhaul as it does for the bunch of clown politicians that have governed the country with uncountable felonies and yet escaped indictment.

    Here is a woman who parodied as a President of the Philippines, flaunted her powers of the highest Office, impudently squandered public coffers and did she CARE ABOUT THE LAW, ABOUT JUSTICE AND HER AVOWED OATH?

    BAH!

    The Supreme Court has every right in a “lawless” minded country to give some resemblance of Justice in action.

    Like all “actors” once again, the inimitable Arroyo has faultlessly timed her move to coincide with her mounting indictment.

    When I saw pictures of her in her wheel chair I thought the News had mistakenly slotted in a Japanese Ninja program. Very convincing, very convincing indeed.

    More silly drama coming from the Philippines.
    Windy´s last [type] ..Rise If Possible

    [Reply]

    Lainybelle Reply:

    @Windy,

    Hola Windy! I feel honored that you graced my blog by your presence one more time :-) I know I can only seduce you into commenting and sharing your brilliant inputs with my political articles, hahaha!

    I can actually hear you laughing out loud with your legs dangling in the air, LOL!

    As I’ve said too many times in the past, I feel hopeless for my country. There might be flaws in the Philippine Law but I take most of the blame to our law makers who also breaks the law themselves. They don’t set good examples. I envy those countries who can very well implement their own laws with iron hands.

    You made me laugh out here when you said that Arroyo was mistakenly slotted in a Japanese Ninja program, LOL!

    I can only wish you can be the next President of the Philippines so we can have a better country :-)

    [Reply]

    Windy Reply:

    @Lainybelle,

    Seduction huh!

    So it was reported over Singapore’s CNN that Arroyo sought to leave the Philippines for treatment in Singapore for a rare bone disease.

    I guess its so rare that treatment in the USA is out of consideration (which would have been the all too natural choice especially being a Filipina) because it is possible that all her loot is stashed away in Singapore’s Banks.

    And it is such a rare bone disease that she had to be covered up Ninja-like, from head to toe as was seen in the News clip of Arroyo in a wheel chair.

    Such dramatization is so inherent with stroking empathy from the Filipinos.

    A wheelchair for a rare bone disease Arroyo? Heroic really when she should have been lying prone on a stretcher.

    Then the following day, over at Singapore’s CNN, Arroyo’s lawyer appeals to listeners that Arroyo should not be humiliated.

    The script that was spun for her on its own merit fed to her self humiliation.
    Windy´s last [type] ..Rise If Possible

    [Reply]

    Lainybelle Reply:

    @Windy,

    Yes, seduction ;-) See! It worked, hehehe! ;-)

    Kidding aside, they are now investigating as to the real ailment of the ex Mrs. President. The Phil. Medical Association found her case as degrading their capacity as professional physicians. It was reported that all her bone exams can be done here.

    Hmm! You are so brilliant as always, Windy. I have never thought about her loots being stashed away in SG.

    And oh! The stretcher! Peepz at work almost can’t believe it when I told them that she shouldn’t be in a wheelchair but a stretcher, hahaha! But they later on realized that it made sense. Thanks to you!

    [Reply]

    Windy Reply:

    @Lainybelle,

    But that’s not my final Comment…

    Like all persons the world over, who hold positions of high Office, one would have to consider that Arroyo during her tenure as President of the Philippines, she was subjected to annual medical checkup…maybe even bi-annually.

    That’s not only to make sure that her avaricious and power-crazy appetite was within normal level.

    Why is it that NONE of her Presidential medical checkups detected that her oh so feeble bones were heading for trouble?
    Windy´s last [type] ..Rise If Possible

    [Reply]

    Lainybelle Reply:

    @Windy,

    LOL! Good grief! Nothing escapes your very intelligent mind, Windy! Hands down!

    Do you think her Docs made it all up just to escape the hands of the law?

    [Reply]

    Windy Reply:

    @Lainybelle,

    Doctors would not gamble their professional stature to concoct such a devious script to be acted.

    Lawyers would because they are such good professional liars.

    No Doc came to her support by making a public statement.

    A lawyer did.

    LOL!

    Quod Erat Demonstratum
    Windy´s last [type] ..Rise If Possible

    [Reply]

    Lainybelle Reply:

    @Windy,

    Hahahaha!

    Now it’s the battle of the lawyers- on who will turn out to be very good liars, LOL!

    I shall let the Boss know about that, LOL!

    BTW, can I get you to be the lawyer of the Filipino people? ;-)

    [Reply]

    Windy Reply:

    @Lainybelle,

    IF….

    I ever became the President of the Philippines, my first Presidential Decree would be to BAN THE STINKING BALUT THROUGHOUT THE MOTHERLAND.

    I ever became a lawyer of the Filipino people, I would have every Filipino sign a sworn writ that they will NEVER EAT THE STINKING BALUT.

    The demerits of the disgusting Balut:

    1. It has a very high Cholesterol content and is one of the primary causes for a high incidence of high blood pressure and heart problems amongst young Filipinos.

    2. Its pong is worse than the celebrated German stink bomb.

    3. It is the cause for unwanted pregnancies in the Philippines.

    4. The Filipinos must have a mindset change and not believe that because they are poor they have to eat stink.

    So it is written, so it is done.
    Windy´s last [type] ..Rise If Possible

    [Reply]

    Lainybelle Reply:

    @Windy,

    Bwahahahahahaha!

    You still hate balut so much, don’t you????

    [Reply]

  5. Algene says:

    It saddens me whenever I hear about this issue. Like you ate Lainy, I’m not on the side of former President GMA. However, I strongly believe that she deserves to travel (before the hospital arrest) especially that there was already a temporary restraining order. Plus, the Philippine constitution also expresses clearly “Neither shall the “right to travel” be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”

    I just hope everyone understands what this provision in our constitution means. And yes, like most of the commentators here, I would answer the question with a simple “Let the rule of law prevail.” Remember, our constitution is the heart of the government. All other laws and regulations must be based on the articles of the Phil. Con.!

    Anyway ate Lainy, I already added you on my roll. I’ll add you too on my badge page pero I’m still working on it.
    Algene´s last [type] ..Breaking Dawn (Part 1) Quotes

    [Reply]

    Lainybelle Reply:

    @Algene,

    Hey Algene! I feel proud that someone as young as you could very well expound on political issues. It only means that the youth which is the hope of the motherland cares.

    Thanks for sharing your thoughts on the matter. It’s a big slap in our so called democracy if our law implementors can’t respect the Constitution and can’t even let the rule of law prevail.

    Oh! Thank you so much! I shall do the same and will let you know once I’m done adding you up in my blogroll.

    Hugs!

    [Reply]

  6. KRIZZA says:

    Hi dear! How’s your Sunday mass? Buti ka pa nakaka attend ng church every Sunday. Me, I just make my own personal prayers.
    Thank u for the early morning greeting!

    Dumaan ulit ako here to say hello and wish u a good night sleep!
    I’m sad kasi may sakit pa din pala si Bella as per Rovie. Kawawa naman si Rovie, di na natapos ang pag aalala. Anyway, I hope everything will be okay soon.

    Take care! Have a great week ahead !!
    KRIZZA´s last [type] ..A Good Sleep

    [Reply]

    Lainybelle Reply:

    @KRIZZA,

    Hey Krizz! I attended Church last night so that I’ll be able to hit the gym in the morning today but my sked got screwed up and I failed to do things as planned.

    Thanks for swinging by here to say hello. I sincerely appreciate the gesture. You know most blogpals don’t leave off comments when a post isn’t linked up to any memes. It’s just a mere personal observation.

    That’s bad news. I hope Bella will recover quick. I wonder what’s the result of the tests.

    You take care too, Krizz.

    Love and Hugs!

    [Reply]

  7. Rovie says:

    Hi sis! Parang late na late na ako dito ah… Hahaha… Sorry, I wasn’t able to post comment but I read about your post and even discussed it with Bren and my visiting college buddy last night…

    We had a pretty good conversation hangtod sa nakalimot ko abi nako naka comment nako…

    Thank you for your support. Bella’s party turn out great kaya lang since may sakit sya wala sya sa mood to smile and enjoy the party….
    Rovie´s last [type] ..All Set For The Big Day… The Hello Kitty Way!

    [Reply]

    Lainybelle Reply:

    @Rovie,

    Hey Rovz! How’s it going over there? How’s our darling Bella? I hope she’s feeling a lot better now.

    Must be very mind boggling to have discussed over this issue. In the TV Patrol poll today, more than half of the Filipinos does not want Arroyo in hospital arrest. They want to see her in jail.

    [Reply]

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