left Philippine Review: On the Sacking of Mayor Jejomar Binay

Thursday, June 21, 2007

On the Sacking of Mayor Jejomar Binay


Legal Analysis by Prof. Alan F. Paguia
(Special to Philippine Commentary on the Makati Crisis)

Executive Secretary Eduardo R. Ermita’s preventive suspension order against Makati City Mayor Jejomar C Binay, dated October 16, 2006, is illegal and, therefore, void on its face.

Why?

First. Under Section 63 (a1) of the Local Government Code of 1991 (RA 7160), preventive suspension may be imposed “by the President”, not “by the Executive Secretary” and not “by the Office of the President”. The law is clear and specific. It confers the authority on the person of “the President”. In other words, the exercise of the authority requires the personal attention of “the President”. The Executive Secretary has no authority under the law to impose preventive suspension or issue the suspension order...

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Mayor Binay of Makati is being booted out of office due to pressures from Malacanang.
His punishment for allegedly employing ghost employees, but until now no name whatsoever is being put to light by the prosecutors.

It is only known that Binay was and is a member of the opposition.

What do we do about it?

What the hell can we do about it?

One by one heads of oppositions are being arrested. I can still remember that there was a time that if somebody wears even a shirt denouncing the Government and the President he is prone to being jailed.

What the hell happened?

“Wala kasing matinong opposition” thats what we normally say.

But then i answer “Then why not be the Opposition?”
It doesnt take more than a brain to be an opposition, an opposition may be a person saving water, and by that act alone the person becomes an opposition to illegal loggers and polluters.

He may not march to the streets and protest but in his own home he can be an opposition by denouncing them and telling it to his friends.

As far as i see we stay in our homes watching, not even doing anything.

They laugh at protesters but they cant even protests in their hearts what they see as wrong.

“I am not enough” they answer

Now if the people of India thought that way there will be no India as we see it today.

as Gandhi said it “Be the change you want to be”

and then we say “But i need to earn my dough, i need to work and study for the future of my family”

Dodong Nemenzo is right the battle today is not about who’s right and wrong it is Individualism Vs. Collectivism.

But then i think there is a much deeper problem here… I want to go deeper and state that It is not individualism that is at stake here in the bringing about of change.

They are institutions that fail to hold their moral foundations in our society.

Coincidentally a priest was just killed and do you see people mourning for him?
Do you see Churches making their own investigation and denouncing the perpetrators?

I pray for one day a certain V like the one in the movie V for Vendetta blow up a Government institution.

But then i guess it would be better if somebody blows up a Church…

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