Published on November 22, 2016.
We should join the mass actions to protest the Marcos burial—especially the ones called for Nov. 25 and Nov. 30—because the times call for it. Our dignity as free Filipinos has been challenged, our sense of heroism, of honor even, has been gravely insulted; the democratic project itself is under threat. Allowing the dictator’s remains to be buried in the Libingan ng mga Bayani, a national shrine, undermines the constitutional order.
We must show up in force in protest sites across the country.
We should protest the miscarriage of justice that is the Supreme Court decision in the Marcos burial cases. It is an abhorrent outcome not because it favors the Marcoses but because it is manifestly unjust; it disregards settled jurisprudence, minimizes the import of history, bends over backward to accommodate the incumbent President, and above all self-emasculates the judiciary, in order to favor the Marcoses. I have criticized the careless thinking and cowardly positions of Associate Justice Diosdado Peralta’s unfortunate majority opinion, but you don’t have to take my word for it. Associate Justice Benjamin Caguioa’s comprehensive rebuttal (every point of Peralta’s is dealt with, decisively) ends with the following deeply moving reflection. Continue reading
Published on November 15, 2016.
There is none so blind as he who refuses to see. Associate Justice Diosdado Peralta’s ponencia in the Marcos burial cases will go down in history as the cowardly rationalizations of a willfully blind man; he deserves the opprobrium coming his way. He still has six years to serve in the Supreme Court, but his legacy will be forever defined by this badly written, ill-thought-through, deliberately obtuse majority decision.
Peralta’s opinion begins: “In law, as much as in life, there is need to find closure. Issues that have lingered and festered for so long and which unnecessarily divide the people and slow the path to the future have to be interred. To move on is not to forget the past.” This New Age-speak is nonsense, misleadingly so, because closure does not come from any Court ruling but from a ruling that is truly just.
The opinion ends with a similar lame attempt at an overview: “There are certain things that are better left for history—not this Court—to adjudge. The Court could only do so much in accordance with the clearly established rules and principles. Beyond that, it is ultimately for the people themselves, as the sovereign, to decide, a task that may require the better perspective that the passage of time provides.”
That squeaking you hear? That’s the sound of Peralta and the eight justices who joined the majority trying to fit their bottoms on the fence they’re sitting on. The people had already decided: They ousted Marcos, supported the restoration of democratic institutions, overwhelmingly ratified the Constitution. It takes an extra amount of determination to ignore history.