Grave abuse of 'grave abuse': In SC, we have dictators in robes

In the 21,660-word Philippine Constitution, one phrase is mentioned with extreme parsimony—grave abuse. It is mentioned only once. As an adjective, "grave" is used only once.

- TONY LOPEZ

In our Constitution, "right" is mentioned 84 times; "people" 36 times; "freedom" seven times; "budget" (the source of all graft) five times and "economy" (the source of our livelihood) also five times.

Why the sparing mention of "grave abuse?" Because grave abuse is such an enormous crime the framers of the Constitution probably wanted the people to forget about it.

Grave abuse of discretion (GAD) amounting to lack of or excess of jurisdiction is not even mentioned in the 8,116-word US Constitution after which Philippine constitutions are patterned. GAD also does not exist in the British Constitution, where the concept of rule of law is paramount.

The 47 framers of the 1987 Constitution embedded GAD as among the crimes our Supreme Court must tackle or stop. To uphold the rule of law.

Their idea in 1986: Prevent another Marcos dictatorship. The late Ferdinand Edralin Marcos Sr. was so brilliant a lawyer and ruler he convinced the Supreme Court, under the 1935 Constitution, that it could not touch or stop him on issues involving political questions. Like martial law. Rule and legislation by decree. The enormous commander-in-chief powers of the president of the Philippines.

One person, Corazon Cojuangco Aquino, who installed herself a dictator, named all the 47 commissioners who wrote the 1987 Constitution; all 47 were not elected, but handpicked by a person who also was not duly elected, as president. They were an angry group. Angry at Marcos. Angry at his dictatorship. The unelectable decided the fate of the elected.