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San Juan Gossip Mills Outlet

A veritable fanatic of the Internet. His avocation is teaching while his main vocation is practicing the much maligned law profession. Currently teaching Constitutional Law at the FEU Institute of Law and a guest lecturer at the De La Salle University teaching "Freedom and Regulation in Cyberspace" in the Graduate Program of the Department of Communication. He is married to his beautiful Ateneo law school classmate and is blessed with a daughter and a son.

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Location: San Juan, Metro Manila, Philippines

Friday, April 21, 2006

E. O. 464 and Mayuga

Now that E. O. 464 has been rendered inutile, at least the parts crucial to the Arroyo government, Senator Biazon can call all the witnesses to the Senate that Admiral Mayuga claimed to have but never interviewed and to re-start the investigation on the role of the generals in the last election.

Since there is a possibility that Admiral Mayuga and the Palace will invoke Executive Privilege as basis not to appear before the Senate, Senator Biazon can always go the roundabout way and summon all those Marines who texted him and to testify to their perfidious use by the administration to rig the last elections. What the Senate cannot do directly, let them do indirectly.

Which brings us to who the next Chief of Staff will be.

General Esperon has not been confirmed yet. There are talks that Admiral Mayuga may be a possible contender for the Chief of Staff after Gen. Senga retires but given the Byzantine manner by which the Mayuga Report (or Trash) was massaged and released to the public during Holy Week while everyone was out, except Ces Drilon and the ANC guys, Admiral Mayuga’s willing participation in the conspiracy to muddle the findings should put a dent to his ambition to become Chief of Staff.

The Commission on Appointments, at the very least, can stifle and delay his rise but it would do well for the politicians in the Commission not to appoint someone like Admiral Mayuga who has seemingly become a poster boy for cover-ups and obfuscation. If this administration wants another rankling from the military, appointing Mayuga to Chief of Staff would be the equivalent of the gift that keeps on giving.

The only one thus far who has not have a whiff of scandal would be the Air Force General Reyes.

My hunch is: while General Esperon has yet to be cleared of all wrongdoing, General Reyes will sanitize the position. And that makes the revolving door policy of chiefs of staff all the more a political reality in this administration. Damn the reforms!

10 Comments:

Blogger Lord Dracula said...

Atty., the Marines nor any other soldier will appear in any Senate hearings. While EO 464 was invalidated, the soldiers are bound by the more sinister chain of command. Thus, court martial awaits them when they appear in any Senate hearing.

If Gloria Arroyo claims executive privilege, can Sen. Biazon call an executive session? And can Arroyo (or her alter egos) refuse that call?

Arbet

11:35 AM  
Blogger Edwin Lacierda said...

Arbet,

Under the decision, only the president of the Executive Dept. has the exclusive right not to appear before legislative investigations.

The military and the rest cannot invoke the chain of command to justify its non-refusal. The Senate, may however accommodate them and hear them in executive session, as you rightly put it.

But unlike before, the military can no longer wave the skirt of the president not to appear.

12:09 PM  
Blogger Lord Dracula said...

Supposing, sir, that the Senate invites a soldier, and his commanding officer (or the CoS, or the CoC) ordered him not to, what would he do? Obey his CO's order, and get cited for contempt. Obey the Senate's summons, and he gets charged with insubordination. That's a dilemma, sir, and hopefully the law can help him decide. What should the soldier do?

What if the invited refuses to attend even an executive session?

12:39 PM  
Blogger number cruncher said...

re gen reyes as chief of staff:

there is that pending case against him filed by col daquil, but this case is relatively minor compared to what gen esperon & adm mayuga are facing...

1:41 PM  
Blogger Karl M. Garcia said...

Atty,
Arbet and I myself exchanged laymen's views about this on DJb's blog ...
It is a right decision for me to look at your blog kasi for sure you already blogged about this.

Arbet,
Has Atty lacierda cleared the matter already?
sorry, puro hula lang mga sagot ko sa iyo pero medyo nakchamba naman ako ng kaunti.

6:06 PM  
Blogger Lord Dracula said...

Karl, let's wait for the counselor to come in and answer our questions, he he.

7:59 PM  
Blogger maybagongbuhay said...

This Edwin Lacierda... how dare you criticize Admiral Mayuga... you are nothing compared to him.

10:20 AM  
Blogger Rizalist said...

Ed,
Do you think that the Senate can now bring back Norberto Gonzales and investigate the North Rail Contract and the Venable Contract?

As I recall that was what caused the Palace to issue Eo 464 in the first place.

but my reading of Senate versus Ermita tells me that by upholding Section 2a, the answer is NO?

11:20 PM  
Blogger Rizalist said...

Question Ed,
How can "no infirmity be imputed" to Section 2(a) when it refers to both Section 1 and 2(b) for both subject and object.

And what does it do to "whistleblowers" in the executive branch. Suppose there is a corrupt Dept. Head and a patriotic low level official who works for him or her? Must such a patriotic official first get the consent of the President before exercising Section 22's "upon their own initiative" clause, and go to Congress directly to divulge information directly to Congress?

11:30 AM  
Blogger NJbabe said...

I hate to comment but could not resist answering maybagong buhay...first I admire you making a comment...at least nagpakilala ka unlike some anonymous....but each and everybody has a comment to make, and if one is supposedly serving the public, one opens herself/himself to be criticized specially if one is doing a lousy job. First of all by making a comment, one does not make oneself superior so there is no comparison for that matter...so easy ka rin lang when you make side remarks...let us stay inside the issues and go with the facts and not be swayed by personal attachments...

8:55 PM  

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