There seems to be so much to get angry about these days. I find that even a short browse through my daily copy of the Philippine Daily Inquirer (yes, I am one of the dying breed who still insist on maintaining subscriptions to the traditional newsprint-and-ink version) is often sufficient to set my temper flaring.
For shaking off sleepiness, it’s almost as good as chugging down a mug of coffee in the morning.
What do I get angry about exactly? Well a lot of things. Most of which have to do with the fact that so many people in public life (I refuse to call them “public servants,” since they never act that way at all) commit the most atrocious, unconscionable, blatantly unfair, and oftentimes illegal acts without (and this is what really gets me) the barest hint of shame. Its not simply that they do “wrong,” but that they act so righteous while doing so.
Take the case of one of my favorite pet peeves, Bayani Fernando and his thug squad known as the MMDA. I know the man has received a lot of praise for his supposedly no-nonsense enforcement of the law, but in my view he has violated more laws than he has actually upheld. To begin with, his entire campaign against informal settlers, small-time vendors, and other “obstructions” to streets, sidewalks, and waterways is anchored on a resolution enacted by the MMDA; a resolution which the Supreme Court, in several decisions, has already declared the MMDA has NO POWER to enact.
Furthermore, his continued confiscation of vendors’ property and forced evictions of the poor violate not only rights very clearly enshrined in our Constitution, but numerous provisions of various laws such as the Urban Development and Housing Act.
Now, I want, no, I desperately crave, public officials to be uncompromising in the way they enforce the laws. But they must be equally stringent in obeying it themselves, and that means pursuing enforcement with due observance of legally established rights. Otherwise they are not acting as public officials but as vigilantes.
Besides, there is something which I find unacceptable in his very attitude towards enforcement. I mean, fine, we have laws mandating that sidewalks should be kept clear, but have you ever seen the MMDA enforce this rule against well-to-do homeowners whose driveways encroach on this public space? Have you seen them tow-away SUVs illegally parked on sidewalks and trash them the same way they do to the stalls and produce of itinerant vendors? If we’re really serious about enforcing the law, let’s start by cracking down on the most privileged, not the most powerless members of our society.
Otherwise what we’re propping up is not a strong State, but merely a loudmouthed, oppressive bully.
January 4, 2008 at 9:15 am |
You have some points there. But just some comments: you forgot to put the word “illegal” before “vendors”. You also forgot why informal settlers are considered as such. I’m not a lawyer but since when did “illegal” acts become protected in our Constitution? You asked these: “have you ever seen the MMDA enforce this rule against well-to-do homeowners whose driveways encroach on this public space? Have you seen them tow-away SUVs illegally parked on sidewalks and trash them the same way they do to the stalls and produce of itinerant vendors?” We can’t make conclusions on things we haven’t seen or studied about. You or those who you know may have not seen MMDA do that against rich people but how about the others? If you don’t see Bayani Fernando leading us for a strong nation, your choice would be who?
February 27, 2008 at 3:51 pm |
We should not be angry at what BAYANI FERNANDO had accomplished, in fact we should praise him for a job Excellently done! We don’t need a person who just keep talking with no actions, we want the man in FERNANDO who acts more than talk. Talk is so cheap we need action, & BAYANI is all we need to be the next president of the Philippines be cuase he can very well carry his job perfectly. In HIM we learn to descipline ourselves for without descipline, our country will never move forward. Let’s vote for BAYANI FERNANDO for President!
April 8, 2008 at 6:07 am |
hmm… if I’m not mistaken, Hitler, too, was a “man of action”
September 2, 2008 at 4:11 am |
An extremely belated reply, but I simply can’t let this pass.
Well, fortunately or unfortunately enough, I AM in fact a lawyer, and as I already pointed out in the post, even “illegal” vendors and settlers are entitled to some form of process under the Constitution and the laws. Public officials and law enforcers are explicitly required to follow a clear set of standards and procedures when cracking down on those who violate the law — this is called “due process,” and in case you’re not aware, this has been a standard and fundamental feature of all democratic states for the last 200 or so years.
Public officials can’t simply do what they want in the manner that they want, solely on the pretext that their targets are “violating the law.” If they do, they act not as civil servants accountable to the law and the public, but vigilantes who are criminally liable themselves.
In this particular case I’ve already mentioned some of the laws that apply — the Constitution (look up Article XIII, Section 10, for starters) and the Urban Development and Housing Act (RA 7279, go look it up).
As regards Mr. Fernando’s fitness for President, well, all I’ll say is if we judge fitness for higher office on the number of full-color posters with one’s (non-smiling, take note) face (printed with public money, no less) one is able to put up all over the place, then by god, I’m sure he’ll make an outstanding President.