Press Release
March 31, 2008

KIKO ON SEC. ERMITA'S STATEMENT

Sec. Ermita is not a lawyer so we can't blame him if he miserably fails to see the dangerous legal implications of his remarks. If we follow his position that based on the Supreme Court, ruling all previous Senate hearings are void due to the non-publication of our rules, then we come to the ridiculous and absurd conclusion based on our own rules that all laws passed in the 14th Congress are likewise void for lack of valid hearings. This is the dangerous consequence of the Supreme Court decision. The Senate is a continuing body. It need not republish its rules unless there have been amendments. We have not amended our rules since 1995. If we allow Ermita's arguments to remain uncontested then any person whose rights may have been curtailed or adversely affected by any of the laws passed in the 14th Congress can now come to court and claim that because the rules had not been published at the time that the hearings to craft these laws were conducted then these hearings as well as the laws enacted are void. With all due respect to the nine Supreme Court justices, we urge them to reconsider their decision because the ramifications are so serious as to create a breakdown in the effective exercise of our legislative functions. When the constitutional principle of co-equality is undermined, the ability of government's three branches to function effectively is severely hampered.  The argument by Ermita proves just that. Thus a motion for reconsideration must be given due course.Until this ruling is clarified and going by Sec. Ermita's assertion, we now effectively have only two branches of govt. The legislative branch has been marginalized and is no longer a co equal. Finally, Malacañang must be extremely pleased that the Senate, arguably the only remaining institution willing to stand up to the excesses of the executive branch, has been rendered inutile by this decision. The Senate must within the confines of the constitution fight this vigorously. We took an oath of office to uphold and defend the constitution. It is our duty to fight this constitutional battle.

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