There was an EDSA I and an EDSA II. Some say there was an “EDSA Tres”, although Pres. Arroyo mentioned that “the world will not forgive an EDSA 3″. Some say that the real People Power happened in EDSA I, and that EDSA II was a far cry from its predecessor. However, let’s not go into that debate now, and instead focus on the legal distinction between People Power I and II.
According to the Supreme Court, EDSA I involves the “exercise of the people power of revolution which overthrew the whole government”. The Aquino government was the result of a successful revolution (although a peaceful one) by the sovereign people. No less than the Freedom Constitution (Proclamation No. 3) declared that the Aquino government was installed through a direct exercise of the power of the Filipino people “in defiance of the provisions of the 1973 Constitution, as amended.” EDSA I is extra-constitutional.
On the other hand, EDSA II is an “exercise of people power of freedom of speech and freedom of assembly to petition the government for redress of grievances which only affected the office of the President.” Estrada resigned and, pursuant to the 1987 Constitution, Vice-President Arroyo succeeded as President. Hence, the Arroyo government (the first one) is not revolutionary in character. EDSA II is intra-constitutional.
Now, could we consider EDSA II as an exercise of People Power in the same spirit as EDSA I? What about EDSA Tres? This is were the debate starts. You tell me.
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- Effect of pending cases on the Senate’s power to conduct investigation in aid of legislation
- Calibrated Preemptive Response (CPR): The darkness that shrouds our freedom
- EDSA: The Yellow Lane
- The dangerous path towards dictatorship
- The Power to Transform
- The Temptations of Power – Vaclav Havel
by tricia
04 Mar 2010 at 20:16
ang panget
by Pussycat
05 Mar 2010 at 00:15
Hi there Atty. Fred!
I was there during EDSA II, but for sometime now, I realized that EDSA II was a big mistake. Although I can’t figure out what would have been a better alternative solution to the malady that was President Estrada “Erap” back then. Like many other Filipinos who initially rejoiced at EDSA II and now are remorseful, I got so disappointed with the new administration that followed, given its dismal record of fighting poverty and corruption, extra-judicial killings, immoral charter change attempts and the list goes on… Public’s disgust with this administration has not waned, just check out the results of the trust rating surveys conducted by SWS, Pulse Asia, etc. In fact, no less that the late former President Cory Aquino had serious misgivings about EDSA II and even asked for Erap’s forgiveness because she joined the bandwagon (“I am one of those who plead guilty in 2001. Lahat naman tayo nagkakamali, patawarin mo na lamang ako” said former President Aquino )
So I believe EDSA II was the people’s misplaced solution to replace a leader that has become largely unpopular. People do make mistakes and lets hope that we Filipinos have learned our lessons from this bitter experience.