Malacanang’s reactions:: Never did GMA think of declaring martial law
Hallucination
Cruz urges soldiers to stay loyal to Constitution
By Philip Tubeza
Philippine Daily Inquirer
Warning about a “disturbing pattern” showing that the Arroyo administration will try to perpetuate itself in power, former Defense Secretary Avelino Cruz Jr. Wednesday urged soldiers to defy “patently unlawful orders” for partisan political ends and for subverting the Constitution.
Speaking at a forum of the Integrated Bar of the Philippines (IBP) in Pasig City, Cruz accused President Gloria Macapagal-Arroyo of masterminding moves in Congress to amend the Constitution without the Senate’s consent.
Cruz, who resigned as defense secretary on Nov. 5, 2006, said he was confident that any attempt to usurp power would fail, but even a failed attempt could result in “bloodshed” and other devastating consequences for the country.
“I fear more for the consequences that our nation will have to suffer for the failed ambitions of a powerful few,” Cruz said at the forum.
“It is for this reason that I renew my call to our professional men and women in uniform to remain faithful to the flag and the Constitution and to disobey patently unlawful orders that only serve selfish political ends,” he added.
The forum, which had the theme “Martial (Rule of) Law,” was organized by the IBP, the Parish Pastoral Council for Responsible Voting, and the Legal Network for Truthful Elections (Lente).
Prime mover
Cruz said he had reason to believe that, like in the failed signature campaign in 2006 to amend the Charter, Ms Arroyo was the prime mover of the attempt to revise the Constitution aimed at extending her stay in power beyond her constitutional term.
Ms Arroyo’s allies in the House of Representatives passed on June 2 a resolution seeking to set up a constituent assembly (Con-ass), a move that the opposition said would pave the way for Ms Arroyo to stay in power beyond 2010.
The approval of House Resolution No. 1109 empowered Congress to convene itself into a Con-ass in which members of the House and the Senate would vote jointly—not separately—to amend the Constitution.
Senators said this would render the upper chamber useless because the larger House membership could override any Senate objections to proposed amendments.
Proponents of Charter change want a shift to the parliamentary form of government, a setup that would allow Ms Arroyo to run for a seat in her district in Pampanga province and become prime minister, according to the opposition.
PMA ’78 honorary member
Cruz warned that members of the Philippine Military Academy Class of 1978, of which Ms Arroyo is an honorary member, were in key leadership positions in both the military and police as the tenure of key officers he knew to be “loyal to the Constitution” was cut short and given ambassadorial posts.
“The mandatory retirement age for the military and the police is 56 years old. Recently, the tenure of the AFP (Armed Forces of the Philippines) chief of staff, Gen. Alexander Yano, who belongs to PMA Class of 1976, was cut short by 44 days as he was appointed as ambassador to Brunei,” Cruz said.
“I have known General Yano as a professional soldier whose loyalty is with the Constitution,” he added.
Cruz noted that the tenure of Lt. Gen. Cardoso Luna (PMA Class of 1975) as AFP vice chief of staff “was likewise cut short with his appointment as ambassador to the Netherlands.”
“Lieutenant General Luna, a graduate of Wharton, is also a professional soldier whose loyalty is to the Constitution,” the former defense secretary said.
Rafael Ileto
These developments bring to mind Lt. Gen. Rafael Ileto, then AFP vice chief of staff, who opposed the imposition of martial law, Cruz said.
“(He) was appointed by President Marcos as ambassador to Iran before his date of retirement from the military service,” he added.
Cruz said that “if history and tradition would be followed,” the current AFP chief of staff, Gen. Victor Ibrado, should remain in his post until he reaches the age of 56 on March 10, 2010.
“Given the succeeding election period, his stay should normally be extended such (that) he will leave his post co-terminus with his Commander in Chief on June 30, 2010,” Cruz said.
‘Ruling class’
But the former defense chief also noted that members of PMA Class of 1978 were already “occupying key leadership positions” in the police and military organizations.
“Will she cut short the term of General Ibrado before the 2010 elections and pave the way for the rise of PMA Class of 1978 as the ruling class to run the security apparatus to secure the 2010 elections?” Cruz asked.
Asked after the forum if he meant that members of PMA Class of 1978 were more loyal to Ms Arroyo than to the Constitution, Cruz said what he meant was that Ms Arroyo was “comfortable” with these officers.
Cruz also noted that there were at least 50 retired military generals and police officials occupying key positions in the Arroyo administration.
“Is this indicative of an administration consolidating its grip on our country’s security apparatus?” he asked.
Cruz also seconded former Speaker Jose de Venecia Jr.’s claim that the Arroyo administration tried to impose emergency rule and get Washington’s support in late 2005 at the height of the “Hello Garci” controversy.
Confirms JDV’s account
“What I can say is that indeed Speaker Joe de Venecia has intimate knowledge of these events. I have also heard our former Ambassador to the United States Alberto del Rosario narrate on television a similar version of events taking place in the last quarter of 2005. I have no reason to doubt the veracity of his narration,” Cruz said.
He said there were similarities between the national situation today and that in 1972 when President Ferdinand Marcos declared martial law.
“In the early 1970s, a constitutional convention was doing its work under a president whose term was about to end … a communist conspiracy was supposed to be in the works to seize power … pockets of violence erupted in the capital … the Supreme Court validated the illegal acts of the chief executive. Martial law was eventually declared,” Cruz said.
“In 2009, the House of Representatives is trying to convene a constitutional assembly after a President whose term is about to end. The Supreme Court will soon have all its justices appointed by one president. Bombs are planted in Metro Manila and bombs explode in Mindanao, killing scores of innocent civilians,” he said.
Revolutionary government
Cruz also noted that National Security Adviser Norberto Gonzales, whom he described as a “loyal ally” of the President, had floated the idea of Ms Arroyo leading a transition to a revolutionary government.
“One thing I know is that Bert Gonzales has survived in this administration by making sure that he does not propose anything without the prior approval of President Arroyo,” he said.
The former defense chief said he was “concerned” that the original majority of eight Supreme Court justices who nullified the people’s initiative to amend the Constitution in 2006 was now down to “just three.”
“In their place, President Arroyo has already appointed new Supreme Court justices. She is poised to appoint three more before this year is over,” he said.
Cruz warned that a Supreme Court decision legitimizing any attempt of Ms Arroyo to remain in power would trigger another people power uprising.
Lull before storm
Cruz said that Ms Arroyo might attempt to remain in power out of fear that she and her husband would be prosecuted once she was out of power, as promised by leading presidential aspirants.
Pointing out that Ms Arroyo had broken her vow on the “solemn occasion of Rizal Day” that she would not run for president in the 2004 elections, Cruz cast doubts on her statement in Davao on July 18 that “there will be elections in 2010.”
“Can we trust her word this time? Or is the country again being lulled into complacency? Is she creating the lull before the storm?” he said.
Too disturbed
Cruz said he came out with the speech because he was “too disturbed” with what was happening in the country.
His resignation as defense secretary in November 2006 was largely considered a result of Malacañang’s falling out with The Firm—the law office that Cruz helped establish in 1980—on the issue of Charter change.
Two weeks before Cruz resigned, the Supreme Court dismissed the Malacañang-backed people’s initiative petition to amend the Constitution in preparation for a shift to a unicameral-parliamentary system of government.
The decision, which described the petition as “a grand deception,” was penned by Associate Justice Antonio Carpio, founding partner of the former Carpio, Villaraza & Cruz law firm and an Arroyo appointee.
Cruz, who was named Ms Arroyo’s chief presidential legal counsel in 2001, also publicly lambasted the petition as a legally foolish idea.
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