Forcing the political question


After 17 days and seven days more before the Court of Appeals hears the oral arguments of the petition case filed against the six-month suspension of Cebu Gov. Gwendolyn Garcia, there seems to be no lowering the ramparts of her Capitol fortress.

What has become clear is the two-track strategy of the camp of the suspended governor.

While trying to seek all available judicial remedy, Garcia is also playing up public sympathy to try to turn the tide against the suspension.

The strategy is not surprising at all since it’s election season.

By going to the Court of Appeals, Garcia acknowledges the justiciability of her case.

But by refusing to obey the suspension order and fortifying herself in the Capitol, she is also saying her suspension is a political question and should be resolved in her favor as a duly elected official.

Invoking both the justiciable and political aspects of her case may not pass rigorous moral and legal standards.

True, the suspended governor has the right to question the suspension order before the court. But unless the court affirms her arguments, the suspension enjoys a presumption of validity.

It would be patriotic for her to obey the order and reaffirm confidence in our judicial processes.

Obviously, she is doing the opposite.

By digging in her heels, Garcia may be forcing the political question.

The drama serves her cause.

She is in the crosshairs of the media and can score propaganda points as much as she wants while she physically occupies the governor’s office.

Some sectors are suggesting that the government exercise its coercive powers to enforce a valid order of the Office of the President.

However, there is obvious reluctance to do so based on fears of a propaganda backlash from creating a martyr out of the suspended governor.

In the meantime, the Capitol impasse looks like it is on an extended run.

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  • http://pulse.yahoo.com/_WIWYLFLU4LPKS7B2ZLLRVFKS3Y vir_a

    This is good for Garcia. She is assured of Cebuano votes, and the rejection of the Almendrases by the Cebuano voters.

    • rayingga

       Yan ang mali mong akala

    • mari suli

      Nagdamgo ka siguro bay .Kong may suporta si  Gwen nganong usa ka libo ra man ka tawo miadto sa kapitolyo.Binayran pa gyod.Bisag asa wa nay ganahan sa apelyido ni Garcia.Di kami makalimot ky Winston.

  • 100345roselia

    Whether it is a political issue or not, whether it is unchristian or not, whether it is election time or not, the fact remains that she is suspended for 6 months due to abuse of authority  Until a TRO is issued by the Court of Appeals, the lawful order should be implemented.  The law is harsh but it is the law.  Let us respect & follow the law.  “We are ruled by laws not men” so to speak.  Let us not put the law in our hands.

    • http://pulse.yahoo.com/_VNLEL6SV5GHRUCLB3WSZVOZCUA RockA

      Spoken like a true lawyer.  North Korea has lots of laws.  Not all laws are good laws.  Some laws are used to oppress.  Laws come from “men”, these are not laws from God we are talking about.  So…we are ruled by “men”.  A harsh law should be amended.

      • 100345roselia

         My friend, if there is no law (everybody to its each own) troubles / chaos will
        follow.  Kung sino ang may mas maraming followers, pera at armas, siya ang manalo.Gusto mo bang scenario na iyan?  Bakit pa tayo mag election – daanin
        na lang natin sa lakas at gera?

        If there is something wrong with the law – by all means – let’s amend/repeal it via
        constitutional process not by force or mob. Until such law is amended or repealed,  let us follow or respect the law.

  • AllaMo

    In the Philippines, the high and the mighty can choose which laws apply to them. And, get away with “smart” use of the inequality inherent in the justice system. Can you blame the lowliest of “informal settlers” for having imbibed, and, living out this reality?

  • jan_luod

    Clearly someone made a political miscalculation here..the cebuanos love the underdogs and definitely Davide will surely get the ax come may.

    • mari suli

      Unsay underdog?Giloud man lang ko nimo bay,Pwe.

  • mari suli

    Baba na Gwen.

  • reychard678

    POLITICAL BACKLASH  is out of the question to put the stigma of fear on Aquino rather the rule of law should reign supreme for its non enforcement opened a gallery of cowardice alluded to Pnoy whose father is a courageous man who exemplified his words. the Philippines is worth dying for.

    The suspension order must be served and the wheels of justice be observed irrespective of who. But what Pnoy had done to call off the serving of the order bespeaks of immaturity of a leader who shamed  a nation built by the blood of heroes. 

    The law must not and never be compromised for in toying with it as what Pnoy had done, he created a repulsion making in the process a dangerous precedence to undermine his governance. In its aftermath, it isn’t Garcia the loser but the Filipino people for having a government run by an incompetent president

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