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The last guardian
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By Adrian E. Cristobal

NOT long after the President in audience with the Pope vowed "action" against extrajudicial killings and involuntary disappearances of activists, farm workers, and journalists. Chief Justice Renato Puno also vowed to act on the same human rights violations through the vested powers of the Supreme Court.

That’s the cue for the legislative branch of a democratic government to do its own inventory of duties and powers to "promote the common good, conserve and develop our national patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace."

But the Congress of the Philippines, which celebrated yesterday its centennial of nation building (as seen in fullpage advertisements), has passed all the laws required for protecting human rights.

The only snag is that the rampant violation of human rights is widely suspected as the bitter fruit of politics.

Human rights groups here and abroad lay the blame on the military and the police establishments as if these have an agenda different or at odds with a democratic political order.

What they should look into is the political element in military and police behavior – in, for example, appointments, promotions, and field assignments. This is a perverse understanding of civilian authority over the armed forces, which is mandated by the Constitution as "the protector of the people and the State."

It’s no secret that officers and men obey their superiors and their superiors are answerable to the political authority in more ways than one can imagine.

As in any organization, "team work" and "discipline" are the keys to success, even security. Whistle-blowers and "non-conformists" are disruptive of organizational tranquility and harmony, even if such tranquility and harmony is maintained at the people’s expense.

Chief Justice Renato Puno certainly realizes the challenges to the judiciary poised by human rights violations. Some judges are likewise beholden to politicians.

The judiciary is the guardian of the rule of law but for the rule of law to prevail, it’s imperative to restrain the "rulers" over the law.

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