Wednesday, August 01, 2007

Trillanes's continuing detention, not a voice of the people

Many looking for complicated arguments just to let Senator-Elect Antonio Trillanes go out of his detention cell and perform his functions as a member of the Upper House. Pero simple lang naman ang argumento diyan.

First, the President of the Philippines has a power to grant pardon and amnesty. Pero saan ba galing ang powers na yan? Sabi sa Article 2 ng 1987 Constitution:

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

In a sense, the president cannot exercise his/her powers to grant pardon and amnesty without the blessing of the people.

Second, If the President is a delegatee of the powers to grant pardon and amnesty, it therefore follows that the people also has those powers. Sabi nga: One cannot delegate which he/she doesn't have.

Which boils down to the third proposition: The people elected Trillanes. This is despite the fact that there are 37 choices for the position. And this, despite the fact that Trillanes is facing charges for his "criminal acts". The very simple conclusion is that the people simply condones whatever acts Trillanes may have committed. O di ba?

Say ni Fr. Joaquin Bernas na isang constitutionalist? Kahit si Senator Brenda Santiago pa ang tanungin natin.

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