Maj. Marcelino's asssignment to PDEA unconstitutional?

[KillerQueen]

Justice Secretary Raul Gonzalez has been quoted in media as saying that active military personnel assigned at the Philippine Drug Enforcement Agency (PDEA) should be removed because their detail to a civilian agency violates the Constitution. Gonzalez cites Article XVI (General Provisions), section 5, paragraph 4 of the Constitution which reads: “No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including government-owned or -controlled corporations or any of their subsidiaries.” He goes on to say that the soldiers should return to barracks and that their actions are unauthorized.

This is strange. One would think that the work of Maj. Ferdinand Marcelino and others at PDEA would at the very least be appreciated. Instead the justice secretary dismisses their work in such a cavalier manner and practically tells them to go fly a kite. Earlier he wanted them to go on leave like his prosecutors. The President did not agree with his suggestion. Now he wants them out, citing the constitutional provision.

While some people may characterize his outbursts as those of an irascible old man whose pride has been piqued by the President’s ignoring his suggestion, his comments are actually quite interesting because they raise some important questions about the service of our soldiers in civilian government offices.

If you take a close look into the personnel complement of Cabinet officials and other government big shots, you will find active military personnel serving in various capacities. They carry the briefcase of their boss, open doors of offices or vehicles, answer cellphones and do all kinds of assorted errands, all in the name of security. Of course, some do more specialized work. You can check this out with the AFP chief of staff or his Deputy for Personnel (J-1). They should have the names of the officers concerned, both commissioned and non-commissioned.

In the case of Marcelino and other military personnel at PDEA, their detail was approved by no less than the commander in chief. How else could their orders be issued by GHQ? If this is denied by the AFP then something is wrong with the chain of command. It could mean that personnel are serving outside the AFP without their knowledge, without their approval and without the appropriate orders.

Which now brings one to an interesting question. If the Constitution prohibits all active military personnel from being appointed or designated in any capacity to a civilian position in government, why is the armed forces providing personnel for the security of the President? The constitutional provision is quite clear and, contrary to some news reports, does not provide for exceptions. The Presidential Security Group (PSG) is made up of military personnel designated for security purposes to the Office of the President, a civilian position.

The Constitution also says that the armed forces “shall be insulated from partisan politics.” How can any organization be insulated from partisan politics when it provides the officers and men tasked to protect someone who may be the most partisan figure in our political environment?

There will come a time when a former head of the PSG could be in line for possible appointment as AFP chief of staff by the same commander in chief whom he served as head of the presidential guards. While I hold our fellow officers in the armed forces in high regard, confident in their ability to discharge their duties with competence and integrity, it would be too much to expect a non-partisan AFP chief of staff with such close and lengthy ties to the President. We had such a situation 25 years ago. We are approaching that same situation and it comes at a critical phase in our nation’s political history.

In the United States, the President is protected by a professional civilian law enforcement agency, the US Secret Service. Originally it was under the Treasury Department but in 2003, the agency was transferred to the Department of Homeland Security. It has two distinct and different responsibilities: (1) Treasury role—prevention and investigation of counterfeit US currency and US treasury bonds and notes; (2) Protective role—ensuring the safety of the President, his family and other national officials.

If Major Marcelino and others like him detailed to civilian offices are serving illegally or in violation of the Constitution, then the Presidential Security Group should be abolished, its officers and men returned to the AFP. We cannot have a selective interpretation of the Constitution, observing it when it suits one’s purpose, and ignoring the same when it goes against one’s interests. It is time to consider the creation of a civilian agency to undertake the responsibility of providing protection for the President.

[agta]

It is good that somehow the justice secretary has slipped in order to reveal a truth: That it is a violation of the constitution to assign military personnel in civilian position. And considering the gravity of the consequences when that truth is violated, it can be said that it is not a simple violation of the constitution but a gross violation.

And who would say that such kind of appointment to civilian position is without the knowledge of the President, the Commander-in-Chief? In the final analysis such violation falls upon the shoulder of the President.

Therefore, it is the President himself who grossly violated the constitution.

And one of the grounds to impeach a president is gross violation of the constitution.

Therefore, the President, for grossly violating the constitution, should be impeached. And Gonzales, if he is sincere, should not content himself with revealing the truth. He should resign from his position and campaign for the impeachment of the president.

[m1911a2]

It is not only that GMA grossly violated the constitution, again and again, GMA is an illegitimate President.

[pinoyisip]

“No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including government-owned or -controlled corporations or any of their subsidiaries.”


Wow, is it really really real it's in the constitution?
I forgot my polsci 101. Nakatulog seguro ko.
And the brightest and the smartest so-called leaders with phd, dr, atty, cpa, engr, whatever titles only-God-knows- what before/after their names CANNOT FOLLOW or REFUSE to understand that? And nobody ENFORCE that! And nobody open their mouth when
their self-interest is at stake? Wala seguro kasabot kay
maningles man....lol! Maayo jud inengles pero hilas basahon
or samot na ug mosolti.

I guess they are all kidding or pretend to be dumb, right?

So what's the least we can do?

Well, election is coming up .
Politics have a big rule in our daily lives.
Warm up your engines all the time.

Let's continue blogging to voice out our frustrations here, there, everywhere, 24/7.

I heard one time someone said we are surrounded by IDIOTS!
Well, let everyone knows who are they.....

sige, lakwatsa sa ko...asa kaha ko padolong ani...

[agta]

It is not only that GMA grossly violated the constitution, again and again, GMA is an illegitimate President.

Yes, she is an illegitimate President!

But under the law, she enjoys now the presumption of regularity as President. And as such, she could be removed only through lawful means. And the most available means is impeachment. Civil war is an extreme. The rebels may win, but it would be what they call pyric victory. (I don't think that is the correct spelling, I have no more time to check it)

Gonzales is in the best position to campaign for such impeachment. If only he somehow is able to gather the guts to do so. He would be a hero in history if he would sincerely jump into it.