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Thoughts on John Locke, Paano Ba Mangarap,atbp!

Deanne Mitzi A. Somollo llb 4A

John Locke, in his Second Treatise of Civil Government exhorts The legislative,
or supreme authority, cannot assume to its self a power to rule by extemporary
arbitrary decrees, but is bound to dispense justice, and decide the rights of the
subject by promulgated standing laws, and known authorized judges: for the law
of nature being unwritten, and so no where to be found but in the minds of men,
they who through passion or interest shall miscite, or misapply it, cannot so
easily be convinced of their mistake where there is no established judge: and so
it serves not, as it ought, to determine the rights, and fence the properties of
those that live under it, especially where every one is judge, interpreter, and
executioner of it too, and that in his own case: and he that has right on his side,
having ordinarily but his own single strength, hath not force enough to defend
himself from injuries, or to punish delinquents. To avoid these inconveniences,
which disorder men's properties in the state of nature, men unite into societies,
that they may have the united strength of the whole society to secure and defend
their properties, and may have standing rules to bound it, by which every one
may know what is his. To this end it is that men give up all their natural power to
the society which they enter into, and the community put the legislative power
into such hands as they think fit, with this trust, that they shall be governed by
declared laws, or else their peace, quiet, and property will still be at the same
uncertainty, as it was in the state of nature.

The extension of martial law is valid. Valid being taken to mean as- can they do it?
It is well within the powers of Congress to extend Martial Law. Given the ruling
in Lagman v. Medialdea, the standards of the Constitution need not be met
anymore after all rebellion is a continuing offense right? If we base it on the
Majority opinion, it would seem to suffice that there be some rational basis for it
or some sort of belief formed in the mind of the President that there is still a
threat existing. Should Congress have extended it? In my opinion NO. Can they
extend it? YES. They have the power to do so. But they should not have just
satisfied themselves with the request of the president to extend Martial law. As
an independent body they have sufficient mechanisms to counter check the
proposal of the president. But they chose to look away and vote with a blind eye.
The relationship between the three branches of government, ideally, is anchored
on the principle of Checks and Balances whereby Constitutionally imposed
safeguards ensure that no one branch is too powerful so as to overpower the
other branches and thereby create a State-sanctioned despotism. Under the
system of checks and balances, one department is given certain powers by which
it may definitely restrain the others from exceeding constitutional authority. It
may object or resist any encroachment upon its authority, or it may question, if
necessary any act or acts which unlawfully interferes with its sphere of
jurisdiction and authority.
It must be remembered that Congress is a political construct. It always has and
always will be. For want of a better term, Congress is nothing more than a
numbers game. Whatever party the president is from, nine times out of
ten,majority of the members of Congress will either switch from their current
party to the party of the President. Perhaps this can be blamed on the long
entrenched principle of political patronage, perhaps this can be blamed on the
fact that switching party loyalty midstream is not prohibited except when you
are a party-list representative or perhaps it can be blamed on the downright lack
of loyalty politicians have for their constituents. The Presidency carries with it so
many powers that it can bend and sway and Congress and what is more
disgusting and constitutionally reprehensible is that Congress is so beholden to
the President that whatever music he plays Congress will just play along. The
President might be a seasoned local politician but he is not a seasoned politician
in the Philippines crocodile farm. Congress might bend and sway to his tune of
Mambo no. 5 but after his term ends nine times out of nine he will also be
persecuted and prosecuted by the next ruling party to whom Congress will dance
along.

In the midst of the all this one might question where the common Jun-jun stands.
Funny, this reminds of Si Jun-jun, jun-jun lagi na lang si Jun-jun! Si Jun-jun na
WALANG MUWANG, si Jun-jun na WALANG MALAY! The state of affairs of the
nation can be blamed on the lack of political education of the people. They are so
enamored with their Tatay Digong that they pay no heed to dissenters. This
cult-like admiration is alarming. If you try to tell them why Martial law should
not be extended they will disown you. Apathy to the situation a well as a false
sense of knowledge is the reason why we are where we are today. What Jun-Jun
keeps on missing is this Long-term prosperity is not derived from the efficiency
of a fundamentally destructive system, but on the effectiveness of processes
designed to be healthy and renewable in the first place. In choosing Duterte,
Filipinos choose to have an obviously inept candidate in charge of a flawed
system. Guess what do not expect superior results from an inferior system
much less led by an inept and homicidal maniac. Men unite into societies, that
they may have the united strength of the whole society to secure and defend
their properties, and may have standing rules to bound it. This is what the
Filipino people fail to realize-that they have given up a piece of their freedom as
payment for security and as its stands this security cannot be given by those that
they elected.

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