Stop Focusing on the Presidentiables. Focus on Your Congressmen and Your Party List Representatives

Lately, I've been posting pictures with veeeeery long captions, so I deemed it best to write one in a blog post.

As the elections are drawing nearer, supporters and loyalists are shouting one last hurrah before people shade their ballots.

We're caught between two opponents facing each other in the ring - Leni Robredo and BongBong Marcos. The rest are distractions(save for Mang Leody who has managed to keep his cool while eating halo-halo, this man is the real MVP).

But instead of hedging our bets on the two contenders, here is why we should direct coequal attention on the congressmen and party lists that we will be voting for.

The latter comprise the legislative branch of the government- a coequal branch of the judiciary and the executive.

Amongst many functions, the Legislative Branch is responsible for enacting, amending and repealing the law. (Sila ang gumagawa ng batas. Sila rin ang may kapasidad mag-dikta BAKIT kailangan gumawa ng isang batas. Ito ang mga batas na sinasatupad lamang ng Executive Branch, na ang pinuno ay ang Presidente. Kaya kung kulang-kulang at mali ang batas, e alam niyo na kung sino ang responsable)

Much of the problems that have plagued us in the past, and that continue to plague us until present, should have been addressed by the legislative branch.

But we keep attributing the faults of the legislative branch to the president (executive branch) which he/she cannot remedy. 

How?

1. Remember that time when President Duterte banned the travel of people to and fro the region due to Covid-19?

Section 6, Article III of the 1987 Philippine Constitution states that

  Neither shall the right to travel be impaired except in the interest of...public health, as may be provided by law.

It was the duty of the legislative branch to draft and pass a law that banned travel. 

But it was President Duterte who prematurely dictated a travel ban. 

Kung baga sa klase, kanya-kanya lang ang trabaho. Hindi maaaring mangialam ang Presidente sa dapat na tungkulin ng Lehislatibo kahit pa hindi nito ginagawa.

Kung susundan ang Konstitusyon, dapat nag-enact muna ng batas ang Lehislatibong Departamento bago inimplement ang travel ban.

Thus, the Legislative Branch was remiss in performing its duties.

What would have happened to President Duterte's travel ban had its validity been raised to the Supreme Court? 

The travel ban would have been deemed void for going against the provisions of the Constitution.

Maaari sana ipasawalang-bisa ang dikta ni Pangulong Duterte na nagbawal ng travel to and fro the Metro at ibang rehiyon.

So why hadn't the Supreme Court declared the travel ban void and unconstitutional?

The Legislative Branch belatedly enacted RA 11469 or the Bayanihan Law which states that 

failure to comply with reasonable limitations on the operation of certain transportation sectors...

is punishable. The Bayanihan law provided a constitutional basis for the impairment of the right to travel.

Kumbaga, nagpasa rin naman ng batas ang Lehislatibong Departamento. Nahuli nga lang, at ito na rin ang pinagbasehan ng Pangulo para ipagbawal ang travel nang pandemya.

What's another example of the Legislative Branch being remiss in its duties?

Many LGBTQ+ members are seeking to be acknowledged under the law. But the court cannot do so for it will run afoul of the Family Code's provision on marriage, namely,

                 Article 1. Marriage is a 

special contract of permanent union between a man and a woman...

The Supreme Court is only tasked to apply this provision, which is very clear to any layman. It cannot amend the provisions of the Family Code.

But guess who can?

The Legislative Branch!

So no, even if our previous Bar chair, J. Leonen, or any other well-meaning justice wants to, they cannot acknowledge the validity of a marriage between a same-sex couple.

Well, can the President?

No, neither can the President.

When someone asked VP Leni Robredo what her stance was on same-sex marriages, and whether she could acknowledge them (assuming that she is elected into presidency), she, as a President, cannot do so. She cannot disregard the crystal-clear provisions of the Family Code nor command the legislative branch to enact, amend and/or repeal the Family Code. 

She can suggest it. And the winds of progress would be easier if we vote for elective officials in the legislative branch who belong to the same party as VP Leni Robredo and who share the same values as she does.

To wit, I have only given you two examples as to why we should equally direct attention to the candidates running for a seat in the Senate and the House, as well as the Party Lists.

The Legislative Branch is one of the pillars of this Democratic and Republican form of government. And despite the support and public clamor we can accord our President-elect, she/he must pay deference to the Legislative Branch's powers provided under the Constitution, and inherent in the State.

P.S.

I'll put up another blog post explaining why people are keen on legalizing same-sex marriages. 

And no, it's not because these couples need your approval!

Until then, I hope you evaluate the list of candidates you will be voting for office. It's not just about respect. Your lone vote will affect the multitude of people in this country.