Can't
We Learn to Go Beyond the Who's?:
Suffrage
in the Context
of
Democratic Governance
WHEN
JOYDEE Robledo and I, as a writing-editing tandem, were the
Opinion-Editorial Department of Sun*Star News Service
(SNS), we prepared a network editorial for use by the Sun*Star nationwide
group of publications. The editorial’s message was reflected in
its title: "The Nation Divides the House to Choose Who’d
Unite Us."
At
that time we were also the core team of the synergism-oriented
SanibLakas Foundation, and we carried that editorial, as well, in
one of the issues of the foundation’s fortnightly semi-internal
journal, Sanib-Sinag.
Nation
‘Divides the House’
top
The
editorial, carried by Sun*Star publications on Election Day of
1998, went this way:
"The
democratic direction is towards increasing National Synergy, not
towards further division. However, overzealous
partisanship has served to divide, to divide further,
and to divide permanently. No one wins this way; the entire
Filipino Nation loses.
"If
it were clearly a contest between the preservation of dictatorial
rule and the chance for democratic change, a high degree of
partisanship would be quite understandable, in fact even
legitimate, like during the Snap Elections of February 1986. But
in a contest where there are many candidates who are basically of
the same mold, and differ in the view of the various voters only
in personality or in personal connections, rabid hostility is out
of place among mature voters.
"The
Filipino is worth dying for, all right, but is your politician
really worth quarreling about? Why break families, why even break
friendships and peace in the neighborhood over contending
politicians? These may likely become political-convenience allies
just months or even weeks after publicly slashing at each other’s
throats! They may even all flock together in the new political
coalition to be put by whoever will win! So, these politicians
would have shaken hands, all-smiles, before cameras while their
fans (short for fanatics) would still be quarreling, over them.
"Let’s
discuss, even debate, and convince one another, but quarreling,
like cheating, will only destroy whatever we have built up in our
sense of nationhood or what has remained of it."
The
editorial ends with its sharp assertion and an appeal for
statesmanship among voters:
"Politicians
are not worth quarreling
about!
"Think
about it. Campaign and vote for the nation."
Synergy
in Democratic Governance
top
Democracy
is the synergy of wills of self-actualized human individuals.
Premises for this include humans being conscious of their dignity
and rights and asserting these individually and collectively
through effective mechanisms for such assertion and administered
by their chosen servant-leader administrators.
In
healthy democracies, individual members of the human communities,
as various scopes of constituency, consciously and voluntarily
synergize their total humanity – their human bodies, their human
minds and their human spirit. Minus any of these three, the
reality of living democracy is greatly diminished.
There
can be no real democracy if the people behave like slaves, not
thinking for themselves, not making fully-informed decisions
especially on how the synergy would best serve the rights of all
based on the will of the majority, with due compassion and care
for the specific legitimate interests of all the component groups,
especially the special groups that are of the minority by reason
of non-choiceful circumstances.
Synergy
of will, collated and consolidated from an effective synergy of
minds through a healthy process, should translate into a consensus
of what the whole community should do at any given period. For the
national community this would be the national long-range plan that
should serve this entire community and its citizens fully.
For
smaller component communities, whether territorially-defined or
otherwise, there should be equivalent long-range plans. Actually,
the plans of these smaller-scope constituencies should be the ones
synergized as the basis of the national plan (contrary to what has
become the pattern, the national plan should not be based on the
order list of foreign creditor institutions as it has been usual
practice!).
Ultimately,
real democracy is based on the development and assertion of the
will of individual citizens in homes and neighborhoods and
villages.
Human
intellect should afford working out short-term goals with clear
indicators for success so that the goals would not be recycled
repeatedly as hollow promises.
The
process of working out these long-term and short-term plans must
be fully and effectively participatory. No exclusions, no token
participation passed of as a real synergy of all or almost-all the
minds. This should be an earnest collective effort to search for
the truths that will set us free from ignorance and from the
separation that mires us all in the conflicts among narrow
interests. In contention are here should be the bits of knowledge,
analyses, insights and opinions of people, not a contest among
persons who carry these bits of knowledge, analyses, insights and
opinions as their very own.
The
execution of the plans needs the synergy of actions of human
bodies, the creativity of human minds and the enthusiasm of the
human spirit. The best plan we can come up with collectively
deserves to have a realistically effective plan of collective
implementation, where groups and individuals would have clearly
defined roles to play.
Choosing
people for posts
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An
important part of the implementation plan is choosing who would
play which roles in the task of all to implement that plan.
Choosing
specifically which individuals would do the overall orchestrating,
which individuals would do the very specific planning, and who
would lead in implementing the plans, whether by election or by
appointment, is definitely an important component of democracy.
This is why elections are very important direct acts of the people
in a working democracy.
But
if all the citizens are just in this focus, if all that the
citizens do is to compare among reputations of persons presenting
themselves for the various tasks, if all we do is blame all our
woes on one reelectionist candidate or be hysterically afraid of
what one of the challengers would do if he wins, democracy cannot
be a reality.
It
has become our habit as voters to compare among candidates on the
basis their character reputations or even their minor misdeeds.
For example, in asessing the performance of the late
President-turned-dictator Ferdinand Marcos, we carry the belief
that the volume of his alleged plunder accounts for the big
impoverishment of our national economy, and fail to see that the
much bigger adverse consequences of his approval of projects,
programs and policies dictated by the World Bank and the
International Monetary Fund.
For
another example, we see only the clean personal integrity of
ex-President Corazon Aquino, and fail to see that her policy
position on debt repayment (to repay all the debts of the illegal
regime of Marcos, without asking for even just moratoriums on
these and cancellation of the clearly illegal and onerous ones).
This policy has been the biggest single factor underpinning our
annually growing government budget deficits and our plunging
peso-dollar exchange rates. On her other acts, including ones that
bordered on the treasonous (like her reported long-distance phone
conversation with then Executive Secretary Joker Arroyo shpwing
knowledge and complicity with the U.S. Embassy’s meddling in the
work of the 1986 Constitutional Commission) I do not impute
malice, either, but simply lack of good advice.
The
point is that the voters should start looking into policies and
programs promoted by the candidates. I remember that for the 2001
elections environmental groups organized an "electoral
college" to evaluate the senatorial candidates of the
administration and of the opposition, the organizers were saying
that candidates of the just-deposed President Joseph Estrada could
not score high in the evaluation (their inclusion in the
evaluation was actually an afterthought) precisely because they
were associated with Estrada who was a "gambler, drunkard and
womanizer."
While
it is absolutely true that everything is interrelated in the
seamless cosmic reality, that sort of criteria would have been
more suited for a voter’s guide from the Moral Recovery Program.
Ironically, that "green electoral college" favored the
candidates of the then newly-installed President Gloria Macapagal-Arroyo,
who, as senator, had led the drive for the ratification by the
Philippine Senate of the General Agreement on Tariffs and Trade or
GATT, which multilateral treaty has wreaked havoc on the
Philippine and global environment! At least she was not reputed to
be "a "gambler, drunkard and womanizer." Tsk! Tsk!
Tsk!
The
people should unite on the what’s before they can
responsively and productively unite on the who’s.
Or choose our who’s on the basis of the what’s they
credibly espouse.
Elections
in parliamentary systems are done that way. The parliament can be
dissolved upon a big national issue and a new one is created when
the people choose their equivalent of congressional district
representatives according to party affiliations which imply clear
positions on the issue. That way the people themselves are
directly voting on that issue.
The
problem with our situation here in the Philippines has always been
that the major political parties are basically identical, and our
candidates are generally mum on real issues, on policy and
platform issues. They would rather dance, sing, or do acrobatics
like the "EDSA-I Ramos Leap," and engage in
character-assassination, but generally shy away from taking the
issues by the horns.
And
then our voters have had the habit of reelecting proven liars,
candidates with recycled broken promises and recycled excuses for
dismal performance, because these candidates convincingly appear
winnable. We tend to favor fighting cocks that are llamado, which
is why outgoing President Aquino chose to anoint Defense Sec.
Fidel V. Ramos, her late husband’s jailer, over ex-Speaker Ramon
Mitra Jr., her late husband’s cell-mate, and why outgoing
President Ramos chose to anoint Speaker Jose de Venecia over his
own protégé, former Defense Sec. Renato de Villa.
We
have apparently lost all devotion to the value of truth and
integrity. We have actually been gamblers not voters. And we admit
it with amusement or even some sense of pride.
We
should not limit our democratic right and duty to choosing which
politician we would predictably be blaming later,
specifically at the time of the next election period. But are we
not doing precisely that? Can’t we
break free from this impotent, even harmful, cycle that we dare to
claim as "democracy"?
Can’t
we make democracy work or at least personally behave during
elections in a way the next generations would have reason to hold
us in admiration and gratitude instead of holding us in contempt?
Planning
to fail… again?
top
We
should not be planning to remain in the cycle of blaming this
candidate, fearing another, and voting for the "lesser
evil," over and over again for decades on end. Or, much less,
betting on the winnable.
We
should be planning instead on programs and policies that we need
to implement with determination to really solve the problems of
the nation. Remember: Failure to plan means planning to
fail. Failure to plan together and
failing to plan to implement together mean planning to fail in the
attempt to succeed together, in the attempt to be served and
exalted together. Failure to consider the long-term problems of
the country in search for really effective solutions, and just
electing someone hopefully to be our "national redeemer"
only to be crucified later, is not an exercise in
democracy.
On
those points I dare not attempt to improve on these words from my
esteemed friend and colleague in the Academe, Prof. Nito Doria of
the Social Research Center of the University of Sto. Tomas, who
says in his introduction to an SRC-designed Seminar on Development
Administration:
"If
it is not yet too late, it ought to dawn on every concerned
citizen, especially those in charge of social governance, that the
failures of government that have now become an unenviable
tradition cannot simply be blamed on those identified as
trouble-makers, or as a result of widespread graft and corruption,
but the result of no less than a systemic dysfunction
in Philippine society. The need for a rational and systematic
analysis of old notions and societal configurations, especially
those that have come to be regarded without question as venerable
institutions, in order to craft a strategy for national progress
that will not require generations to take effect, itf this country
is not to be overtaken by the development of more unwelcome and
debilitating events.
"A
meaningful strategy is simply impossible without a critical review
of such institution whose analogy in the provate sector are the
standing policies that determine, for better or worse, the inner
culture of an enterprise." (underscoring in the original)
Of
course we can be forced by circumstances to choose the
"lesser evil" among candidates. But we can’t fool
ourselves forever that in so doing we are voting in the context of
real democratic system.
Because
real democracy should have the capability to unite us behind
plans, policies and programs, and also behind
appropriate orchestrators, appropriate servant-leaders for these.
It appears that we are not marching toward that sort of system.
In
fact, because of the level of despicable corruption among
politicians and voters alike, military officers in various
groupings are increasingly being tempted to use this to justify
their own grab for the power that Marcos had given them the taste
of.
If
commanded discipline were all that this nation needs, I would even
consider suporting a slide back to such dictatorship. But
considering everything, especially the essence, dignity and
inherent capabilities of human beings who deserve to be actualized
and synergized in a system of governance that befits humans.
Humans are evolved beings that do not deserve to slide back to the
logic and morality of reptiles.
Rule
of Law in Human Civilization
top
Resorting
to martial law, coups d’etat, and similar measures would
be beneath the level of the self-actualizing human person of
evolved civilization who would prefer to uphold the force of logic
instead of the logic of force. Even if this were civilian-backed,
political power emanating from the advantage of one group or the
other in having control of killing machines is not exactly an
indicator of a much-evolved human civilization.
But
naivete and hysterical self-righteousness can really cloud the
otherwise lucid sensibilities of even our best-schooled
intellectuals, especially if the military factor is not obvious in
a political transition that negates a legitimate election.
The
military factor can be hidden behind a thick cloak of legitimacy
in overturning a landslide election result, especially if there is
a conspicuous civilian backing for a military rebellion and the
one installed in power is not a military personality.
This
happened in 2001, with the chief-of-staff of the armed forces
simply walking away from his sworn duty to be loyal to the
Constitutionally-recognized commander-in-chief almost a full day
before the Supreme Court chief justice swore in the vice president
as the new commander-in-chief, thus creating a clear hiatus in
civilian supremacy over the military, no less than a breaching of
the life of the Republic with neither accountability nor even
admission.
For
this reason, historical accounts should be complete and accurate
to answer definitively for the sake of affording cold objectivity
for the opinion leaders of future generations, when they recall
the twelve yes-no questions submitted to the Supreme Court –
which the latter refused to answer – and when they try to
provide historically-accurate answers for these, free as they will
be from the emotions and recriminations and threats that tend to
silence present-day thinkers.
It
may turn out to be the task of future generations to collectively
assert that, indeed, the outspokenly honest child was right after
all, the emperor really had no clothes!
It
has become a historical fact of public record that a lawyer named
Alan Paguia submitted those simple yes-no questions to the High
Tribunal under the leadership of Chief Justice Hilario Davide, who
had earlier presided over the unconsummated impeachment trial of
President Joseph Estrada and later personally swore-in Vice
President Gloria Macapagal-Arroyo to the presidency.
As
of this writing, neither the Supreme Court as a body, nor any of
its member-justices, has presented answers to these questions.
What they did was to penalize the lawyer with suspension from
practising his profession for asking these questions in the first
place. But latter-day compositions of the High Tribunal, or the
Filipino people led by intellectually honest opinion leaders, may
eventually give straightforward answers that may not at all be
very pleasing to the incumbent justices and their beneficiary
politicians, and may possibly tend to shame these persons’
respective descendants.
At
the risk of venom or harm coming upon me, and with the intent only
of serving the cause of accurate historical reckoning and
of truthfully responsible – albeit delayed – public
recognition, I dare enumerate Paguia’s questions here, for
latter-day objective consideration by impartial scholars:
1.
Is it true that the law strictly prohibits judges or justices from
participating in partisan political activities?
2.
Is it true that Your Honors participated in a partisan political
activity during Vice President Arroyo’s oathtaking at Edsa on
Jan. 20, 2001?
3.
Is it true that Your Honors attended and authorized the Arroyo
oathtaking in Your Honors’ official capacity as judicial
officers?
4.
Is it true that the basic law involved in this controversy is
Article VII, Section 8 of the Constitution (Four grounds for
succession of the Vice President to the Office of the President.)
5.
Is it true that the sole constitutional ground invoked by the Vice
President for her oathtaking as President was "permanent
disability"?
6.
Is it true that Your Honors authorized the oathtaking at Edsa on
that same ground of "permanent disability"?
7.
Is it true that Chief Justice Davide administered the oathtaking
at Edsa on that same ground of "permanent disability"?
8.
Is it true that Your Honors unquestioningly accepted the Vice
President’s allegation of "permanent disability"?
9.
Is it true that the "administrative matter" of
administering the oath at Edsa by the Chief Justice involved the
performance of an official duty, which ought to be consistent with
the Constitution?
10.
Is it true that there was never any proof of compliance with
constitutional requirements regarding the said "permanent
disability"?
11.
Is it true that Your Honors later rejected the ground of
"permanent disability" and replaced it with
"resignation," even as President Estrada never wrote any
resignation letter?
12.
Is it true that due process of law absolutely requires the
"cold neutrality of an impartial judge" both in
appearance and in substance, without which the proceedings are
rendered void and without legal effect from the beginning?
My
enumeration here of Alan Paguia’s questions can never be sanely
construed as an act of "forum shopping" or an attempt to
reopen for judicial review the legality of the Arroyo presidency.
It is an appeal directed at the people themselves, now or at
whatever time in the future, to seek the truth from facts and
render a historical judgment for the enlightenment of our
descendants.
The
May 2004 elections will render any ardent wish for judicial
reversal on this matter moot and academic. My appeal is for
accuracy in its final historical accounting. Let the future
generation redeem the intellectuals of the present one from the
shame of compromising with truth for practical political
considerations.
Why
am I focusing on this matter at all, knowing that it will soon be
moot and academic? Because it tends to give a very distrurbing
lesson to the Filipino voter on his odyssey: a landslide
electoral victory can very easily be overturned by enough people
allowing the rule of law to be flagrantly set aside, upon
the partisan passions of the few millions of people, against the
electoral verdict of tens of millions of voters.
Without
the rule of law consistently upheld, all efforts to level the
playing field during campaigns, all efforts to safeguard the
ballot, all efforts to keep the count clean are very easily
rendered utterly pointless.
Edsa-II
Message: ‘Suffrage is Pointless’
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Present-day
efforts to "educate" the masses on the value of the
right to suffrage and their duty to use it wisely are rendered
inutile by the message of Edsa-Dos, the process whereby the
intellectual elite arrogated upon itself the prerogative to
"correct" the landslide vote of the "ignorant
masses" in the 1998 presidential elections. And the
impoverished Filipino, comprising the majority of the voters of
this country, saw their landslide triumph being obliterated by the
gods riding shining chariots, and are now saying, "inilagay
namin sa pwesto, inalis ninyo!" (we put someone in the
presidency, you removed him) and adding, "bakit pa kami
boboto uli?" (why are we going to vote ever again?)
It
was a milestone for the typical Filipino voter, who comes from the
ranks of the masa, to celebrate the
first-ever time they won, where the candidate was their choice and
the affluent just eventually accepted to support. That was one of
the historical highlights in the last part of the Sun*Star News
Service post-mortem analysis of the 1998 elections. Edsa-II
perfunctorily "corrected" that milestone in a crude
mob-rule manner with a quiet coup d’etat led by the AFP
chief of staff, but passed off as a legitimate exercise of people
power.
Intellectually-honest
lawyers and professors in law schools have been soul-searching and
are having serious difficulties in answering these and similar
questions from their confused students:
1.
In responding to the needs of the immediate moment the Supreme
Court considered it to be in the people’s interest to proclaim
as legitimate succession the assumption of Gloria Macapagal Arroyo
to the presidency. But without going into the prudence of that
judgment’s content, what would be the logical effects on the
stability of the rule of law in this country? A sitting president
was removed from office by an unconsummated impeachment trial,
after it was pronounced guilty by mammoth crowds massed up in
Metro Manila and other cities. But does the 1987 Philippine
Constitution provide for such a process as a valid verdict from
massed-up millions? Did not the Supreme Court, perhaps
inadvertently, allow a very consequential violation of a basic
Constitutional right to "presumption of innocence until found
guilty without reasonable doubt by a competent court"? Has
people power been quietly legislated into the fundamental law to
constitute a competent court? Wouldn’t that development
institutionalize "lynch-mob" justice and officially end
the rule of law?
2.
How about the matter of admitting as evidence a newspaper clipping
of a person’s diary (that of the former executive secretary) to
conclude another person’s state of mind (that then President
Estrada was seriously considering to resign and, that therefore,
in effect already legally resigned)? Wouldn’t this be a
dangerous precedent from jurisprudence in the Estrada case? Can
inferior courts now conclude from newspaper clippings and unsworn
diaries of third persons in trying their cases, following the High
Tribunal’s pragmatic example?
3.
How about suffrage? How can the constitutionally-guaranteed
exercise of suffrage to produce an election winner be voided by
the combined action of the military and uncounted civilians,
including Catholic school students way below voting age, who
wouldn’t even more honestly call their act a rebellion and
instead insist that it was just a Constitutional succession? The
Martial Law Constitution of 1973 was ratified by a mere show of
hands at government-organized rallies. We rejected the claimed
legitimacy of that supposed ratification because those who were at
the rallies were not even proven to be voters and more so because
the raised hands were not even counted and proved to represent
even just a plurality of anything.
4.
When can Filipino civilians unseat a president that they don’t
like, without depending on the military?
5.
And still about the military, how come the military top brass
could simply turn their backs on an incumbent commander-in-chief
who was to be replaced not earlier than the day after, without
having to declare or admit a rebellion and without having to face
the court martial for insubordination? Can the military brass
completely and permanently deny having mounted a rebellion just
because that rebellion won? What would be the lasting effects of
that action and that impunity on the sense of discipline of the
entire military establishment?
6.
Most importantly, how well do the country’s intelligentsia,
academe and media understand what is going on in the hearts and
minds of the impoverished but largely-silent majority? To say that
the followers of Estrada are all ignorant and illogical is to be
ignorant and illogical, and to say they were all mercenaries is a
seriously fantastic oversimplification. Does the supposed
"brain" understand the rest of the body, let alone the
bigger but silent part of that body?
This
set of questions was first aired in a talk by my beloved friend,
esteemed colleague in the Academe, and Lambat-Liwanag chairperson
Dr. Noemi Alindogan-Medina that challenged academicians,
especially historians, to record accurately and address fully.
This
time around, many the self-righteously unrepentant intellectuals
of the elite are passing judgment on the majority of the voters as
"still ignorant" and needing "voter
education," totally ignorant as these intellectuals are of
the great disservice they had dealt the nation and its adherence
to the rule of law by their arrogance and impatience about it all.
In
time, the majority of the Filipino voters, whose 1998 vote they
took the liberty to "correct" in 2001, would become
politically mature enough to forgive them, for they knew not what
they were doing. In the meantime these self-appointed guardians of
morality in politics would do well to think twice or even thrice
before they go on, with their usual air of unfounded certainty,
pontificating on criteria of worthy candidates, etc., and
condescending the organic wisdom of the masa.
They
whould be reminded that when they were chanting to brand a certain
lady senator a "pok-pok" (prostitute) because she
danced briefly in triumph in a tension-filled moment during the
impeachment trial; or when they made an issue of another senator’s
allegedly deviant gender preferences, or when they were
broadcasting short-message texts of unverified accusations passed
off as fist-hand knowledge over their cell phones, they were not
exactly proving any great measure of moral or intellectual
superiority over their less-schooled compatriots.
Stand
for Democracy!
top
Let
us strive for democracy, but only for real democracy, which is the
productive and beneficial synergy of the human bodies, human minds
and human spirit of all for the interests of all. Let us be shorn
of all partisan snobbishness and personality-oriented biases, so
we can all be worthy advocates and beneficiaries of democracy, of
the rule of law and of human equality, dignity and harmony.
That
way, we can extricate ourselves from the ridiculous situation with
two warring camps of "democracy-lovers": one partisan
camp self-righteously calling upon us all to "defend"
democracy while the other partisan camp self-righteously calls for
us to fight to "restore" it.
Democracy
has to be a synergy of all human social and natural capabilities
to address all human needs in every big and small community, where
the bigger-scope communities are synergies of smaller-scope
communities, all the way to the family and the individual human.
The
people’s self-empowerment process through the
"magical" application of the principle of synergism is
the only way the people can be empowered. Not by proxy empowerment
whereby an entity seeks the people’s help to capture and
consolidate political power and promise to exercise such power
consistently in the service of the people’s "objective
class interests," earnestness assumed. Neither by token
empowerment whereby an entity already in power grants bits of
high-publicity seats of participation in decision-making processes
to representatives of the people but making sure to protect its
own narrow interests from being really disturbed by such
representatives.
Only
the people’s direct self-empowerment can work to establish real
democracy.
In
the words of Prof. Doria: "If progress is to be shared and
enjoyed by all, then it must be the achievement of all,
the result of concerted effort of a responsible citizenry to make
progress a way of life for the nation; not the result of some
singular heroic effort of some exceptional individual who does not
exist except in myth.
"A
responsible citizenry, however, is just a concert of responsible
individual citizens liberated, informed and empowered,
and made responsible for their own welfare, It must
necessarily be in that sequence of development, for one cannot
expect to make a responsible citizen out of one who remains
un-liberated, un-informed and un-empowered.
"A
strategy for national progress must be an exhilarating liberating
factor in the nation’s life, one that will free the Filipinos
from the disquiet and listlessness generated by failed models of
dogmata that have shackled their mind for centuries and in
evitably made them dependent on and beholden to the patronage of
oppressive power.
"Such
a strategy can be no less than a new conceptual scheme, no less
than what Thomas Kuhn in a landmark dissertation, The Structure of
Scientific Revolutions, refers to as a ‘paradigm shift.’
"
If
I may add a paraphrase of what I state in the previous section,
"failure to have such a strategy has been our consistent
strategy for failure."
And
I bring in Albert Einstein, describing insanity as "doing the
same thing over and over again, and expecting to get a different
result. We cannot possibly solve problems with the same thinking
we had when we created them."
And
we have the tendency to limit voter education to discernment of
criteria for public officials and respective qualities of
candidates! This has been going on for decades, and has not at all
served the cause of democracy!
Let
us stand and work in earnest for real living democracy and
strongly abhor all the cheap circuses that claim to carry its
name.
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