The Never Ending Democratization of the Philippines
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arrests are reminders of the potency of the military power against civil and
political liberties. The institutionalization of the constitutional principle of
civilian supremacy over the military continues to be a formidable challenge of
the post-EDSA transition to substantive democracy.
Recent disclosures in the Senate hearings on the plea bargaining
agreement between the Ombudsman and retired Major General Carlos Garcia
revealed that the budget item called Provisions for Command Directed
Activities is under the control of the chief of staff (Testimony of Retired Lt. Col.
George Rabusa, Senate Blue Ribbon Committee Hearing on the Plea Bargain
Agreement with Retired Major General Carlos Garcia, January 27, 2011). From
2000 to 2002, this item came from the unused funds for salaries of personnel of
the armed forces and UN funds for Philippine peacekeeping units. These funds
were “converted” into intelligence fund which is exempt from auditing. This
converted fund was used for questionable purposes like the “pasalubong” and
“pabaon”, including the unauthorized monthly allowances for the chief of staff
and other officials of the armed forces (Ibid). Rabusa said that “pasalubong” is
the cash gift for the incoming chief-of-staff, while “pabaon” is the cash gift for
the outgoing chief-of-staff. These cash gifts ranged from PHP 10 million to 120
million.
The unilateral power of the President to proclaim martial law in the 1935
Constitution has been limited by the 1987 Constitution.Many members of the
1986 Constitutional Commission were evidently conscious of what they
consider grave abuse of discretion by Marcos. Hence they saw to it that the
military power of the President should not be left completely upon the
President's discretion. The commissioners discussed the preconditions that
would authorize the President to use his power to call out the troops to
suppress lawless violence, suspend the privilege of the writ of habeas corpus
and proclaim martial law. In the considered opinion of the Commission's
Committee on the Executive, the phrase “imminent danger thereof” should be
deleted. This means that the President could exercise his power only in the case
of actual invasion, lawless violence and rebellion. Insurrection was also
removed as a precondition for the exercise of the power because it is covered by
“lawless violence”. Moreover, the Committee proposed that the President
must secure the concurrence of the majority of both houses of Congress in the
exercise of this power. The experience of 1972, which commissioners think as
an abuse of power should be prevented through the required concurrence of
Congress. The commissioners also believed that the exercise of the power
should have a limited time frame of sixty days, and its extension beyond sixty
days should be approved by the majority of both houses of Congress. In the
period of amendments, however, the commission considered the proposal to
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