Banner
People Power I and II – The Legal Distinction
This is my site Posted on February 27, 2007 in Politics & Society

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.

Posted in  

4 Responses »

  1. tricia says:

    ang panget

    Thumb up Thumb down 0

  2. Pussycat says:

    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.

    Thumb up Thumb down -1

  3. david says:

    haist. mga pilipino nga naman.
    Puro na lang REKLAMO. magrarally puro na lng against sa administration. kaya wlang asenso pilipinas dahil sa PILIPINO den e. may pagkaBOBO dn ksi tyong mga pilipino. iniisip lng naten SARILI naten.

    Thumb up Thumb down 0

  4. david says:

    sana tyong mga PILIPINO gamitin dn naten ang UTAK naten at gamitin dn naten ang TIWALA. ksi puro n lng rally e. kpag wlang gngwang masama sa aten si PNOY wag na tyong magrally. like sa LRT sus naman sa japan nga 80pesos ang train. sa aten gagawin lng 30 pesos magrarally na. PURO NA LANG REKLAMO sa BUHAY. like sa EDUCATION dadagdagan lng ng isang taon puro na reklamo. guys baka MASYADO na tyong naging SELFISH/MAKASARILI dapat isipin dn naten yung PILIPINAS hndi ang PILIPINO. ksi kapag gumanda at umunlad na ang PILIPINAS susunod na tayo jan.

    Thumb up Thumb down +1

Leave a Reply