Why EDSA 1 Cannot Be Compared to EDSA 2 And Why EDSA 2 Is An Assault to the Constitution

Some people would say that the EDSA 2 which commenced from January 16-20, 2001 that removed then President Joseph Estrada from power and installed then Vice-President Gloria Macapagal-Arroyo as his successor is not truly a people power revolt unlike the EDSA 1 of Feb. 22-25, 1986 that ended the 20-year long repressive Marcos dictatorship and restored democracy and freedom on our land. In this case, I shall dwell only on EDSA 2 on this Note.

I agree with such observation. EDSA 2 was a conspiracy of the corrupt officials who are being endangered of being removed from office and be prosecuted under the strict anti-corruption program of then President Joseph Estrada, those who were allied with Former President Fidel Ramos, who were at that time being investigated for the alleged anomalies he committed during his regime like the PEA-Amari scam, Centennial Expo scam etc, the ultra-conservative sector of the Catholic Church headed by the late Jaime Cardinal Sin, the late Former President Corazon Aquino and her Corystas, the anti-Estrada military and police officers, the elite businessmen and some politicians as well as the leftist militant groups. Overall, the leader of the conspiracy was then Vice-President Gloria Arroyo herself.

The conspirators on October of 2000, made Ilocos Sur Governor Luis “Chavit” Singson their mouthpiece to accuse Estrada of accumulating for himself the monies made from the illegal numbers’ game jueteng. Then Senator and later Vice-President Teofisto “Tito” Guingona, Jr. made the opening salvo in a privileged speech entitled “I Accuse!” which was based on Singson’s allegation. The Senate Blue Ribbon Committee headed by then Senator Aquilino Pimentel, Jr., and the Senate Justice and Human Rights Committee chaired by then late Senator Renato Cayetano initiated the investigation. Soon, the issue exploded like a hydrogen bomb into the nation. Arroyo resigned as the Secretary of Social Welfare and Development and called for Estrada’s resignation. Ramos and Aquino followed suit. The Church, headed by Cardinal Sin followed, especially its elite sector followed by several businessmen and politicians.

Soon, an impeachment complaint was filed against Estrada in the House of Representatives and many congressmen one by one signed it.

Estrada’s name was quickly destroyed even if he has still then support from the masses including the poor. In November, most politicians from Estrada’s ruling Lapian ng Masang Pilipino or LAMP coalition defected from his party like Senate President Franklin Drilon and then House Speaker Manny Villar and called for his resignation. Then DTI Secretary Mar Roxas followed. On November 13, the House of Representatives impeached Estrada after Villar ordered the transmittal of the impeachment complaint to the Senate for trial having been signed by the 1/3 of all the Members of the House. The pro-Estrada congressmen removed him as Speaker and installed then Camarines Sur Congressman Arnulfo Fuentebella in his place. In the Senate, Drilon was ousted as Senate President in a swift leadership coup and 13 of his fellow Senators placed Pimentel as the new Senate President. On November 20, the Senate pursuant to the provisions of the Constitution, converted itself as the Impeachment Court to try and decide Estrada. Then Supreme Court Chief Justice Hilario Davide, Jr. was sworn in as the Presiding Officer of the trial and the Senators took their respective oaths as judges.

On December 7, the trial of the President in the Senate commenced. Numerous witnesses and evidences were presented by the House of Representatives’ prosecution panel as assisted by the private prosecutors. On December 22, Ms. Clarissa Ocampo, then a vice-president of the Equitable PCI Bank testified that she saw allegedly Estrada signed a bank account he allegedly opened in their bank under the name of Jose Velarde. The Defense lawyers of Estrada complained that it was not part of the impeachment charges under trial by the Senate.

Fast forward to January. The Prosecution was still in the presentation of evidences. On January 16, things came to a head when the 11 of the 22 Senator-Judges voted to exclude from the trial, a second envelope the Prosecution alleged that contained a certification allegedly by Estrada himself that he is indeed the Jose Velarde who owned P500 million bank account in the Equitable PCI for being not part of the impeachment charges. The private prosecutors walked out and Davide, adjourned the trial indefinitely upon motion of then late Senator Raul Roco on January 17 when the Prosecution resigned from appearing in the trial. By night of January 16 to 17, many people came in to the EDSA Shrine to call for Estrada’s ouster. Many many people came in the following day, January 18 and it grows like an ocean. Soon, the AFP leadership and the PNP leadership withdrew their support from Estrada. And on January 20, upon the Vice-President’s request, Davide sworn her in as the new President even if Estrada did not resign. Estrada meanwhile, left the Malacanang to avoid bloodshed and retreated to his home city of San Juan.

Question: Was Arroyo’s ascendancy to the Presidency was legal? No! Because Estrada did not really resign as President and he only designated her as Acting President while he was on leave due to the revolt. The Supreme Court however, as it was sided already with the conspirators in the consolidated cases of Estrada v. Arroyo and Estrada v. Desierto on March, 2001 by a vote of 13 justices legitimized Arroyo’s power grab by misreading the diary of Former Executive Secretary and later Senator Edgardo Angara that Estrada resigned. It also invented the out of the world observation of “constructive resignation.” Angara would later issue an affidavit denying that he wrote in his diary that Estrada resigned. Estrada was soon sued for plunder, convicted on 2007 and pardoned by Arroyo also in the same year. This means, that the EDSA 2 is really unconstitutional as the impeachment trial in the Senate was abruptly halted.

And many poor people still support Estrada. The real reason for EDSA 2 was the elite sector of our society disliked Estrada’s pro-poor programs and his bias for them. In fact, while he was President, they resented his order of lowering the price of water, telecommunications etc as this will affect their long hold in the country as well as their business interests. In fact, they derailed also his plans to amend the economic provisions of the Constitution on 1999 to promote economic liberalization as this too will also eliminate their control over our economy. The Catholic Church especially its elite sector particularly Cardinal Sin also hates Estrada very much and sided with the elite. Meanwhile, Ramos and his cohorts also take part in the conspiracy to get back at Estrada for his order to have him investigated in relation to his alleged anomalies during his administration. And these groups have long destabilized Estrada upon coming to office in 1998. Former Senator Francisco Tatad documented it in his 2002 book, "A Nation on Fire."

And the EDSA 2 revolt was only a revolt of the Manila elite mainly, not of the entire country although there were token rallies in some cities in Luzon, Visayas and Mindanao. This recklessly placed our newly-restored democracy we did regain on 1986 in bad shape. Many international prominent persons like the late Prime Minister of Singapore Lee Kwan Yew and magazines like TIME criticized EDSA 2.

Yes, Estrada was too trusting with his friends who placed him in bad light, but he was removed in a revolt sponsored by the rich and which was carried out outside of the Constitution. EDSA 2 was indeed, the worst event happened ever in our history. Imagine, they did oust a President who won 10 million votes on 1998, the largest in our political history as he is only carrying out his mandate of serving the poor as he promised during the campaign prior to the 1998 elections on May 11, 1998 to further their selfish, evil political and economic interests.

And Arroyo, who was the daughter of the late President Diosdado Macapagal, once a poor man who soon champions them allowed herself to be used by the rich in its monstrous plan to remove Estrada who is replicating her late illustrious father's love and care for the poor, so does Singson, whom Estrada treated like his almost brother. However, I am glad that we are no longer celebrating EDSA 2 due to its shameless contribution to our nation. And I hope that this tragic event will not be repeated again.

So EDSA 2, is not really a People Power Revolt unlike the historic EDSA 1 of 1986 which was admired by the world. The EDSA 2 meanwhile was condemned by the world.

As for me, People Power must be resorted to as the last option. Not the first option. If the impeachment trial then of Estrada before the Senate would be successful and uninterrupted, then it could jumpstart the general clean-up of the Government.  EDSA 2 was really a power-grab.

EDSA 1 was about ousting a tyrannical dictatorship even if it was an offshot of a failed coup attempt, while EDSA 2 was an assault to the rule of law, justice triggered by an honest decision of the Senate not to open a document not in accord with the constitutional impeachment process that should not be forgotten as it mocked our young and fragile democracy.

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jamesvelina45@gmail.com

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