Some may say that this Commission is quick to place blame on the military, while it hardly considered the past heinous crimes committed by those who would overthrow the government. Some may say that the death or killing of the activists, while illegal, is a blessing for which the military should be commended. Some will even say that the military deserves special treatment owing to their crucial role in containing and defeating insurgency.
Nay, we say. The military must match its strength with restraint, and the only special treatment the military will receive from this Commission, and before any inquiry for that matter, is that it will be judged with more stringent standards. As General Esperon said in regard to the court-martial of some army and marine officers, military justice is harsh and strict. Truly, justice must be stern and exacting on the military because the military has great power, and with great power comes greater responsibility. As the Book of Wisdom states:
THE MIGHTY SHALL BE MIGHTILY PUT TO THE TEST
RESPECTFULLY SUBMITTED.
January 22, 2007.
JOSE A. R. MELO
ASSOCIATE JUSTICE (Ret.),
SUPREME COURT
Chairman
NESTOR M. MANTARING
DIRECTOR, NATIONAL BUREAU OF INVESTIGATION
Commissioner
JOVENCITO R. ZUO
CHIEF STATE PROSECUTOR
Commissioner
NELIA T. GONZALEZ
REGENT, UNIVERSITY OF THE PHILIPPINES
Commissioner
REV. JUAN DE DIOS M.
PUEBLOS, D.D.
BISHOP OF BUTUAN
Commissioner
Attested:
ATTY. ROGELIO A. VINLUAN
General Counsel
****************
****************
[102] See Section 3, Article II of the Constitution.
[103] Tolentino, Arturo. The Rule of Law and our Constitution, 36 U.S.T. L. REV. 41 [1985]
[104] See Senate v. Ermita, G.R.Nos. 169777, 169659, 169660, 169667, 169834, 1711246, 20 April 2006, where the Supreme Court declared:
For the Constitution, being the highest expression of the sovereign will of the Filipino people, must prevail over any issuance of the government that contravenes its mandates.
[105] Bernas, Joaquin, S.J., The 1987 Philippine Constitution: A Commentary, p. xxxiv-v (1996 Ed.); citing Cooley, Constitutional Limitations 3 (1868); emphasis supplied.
[106] Section 1, Article II of the Constitution.
[107]Bernas, Joaquin, S.J , The 1987 Constitution: A Reviewer-Primer, p. 3 (4th Ed., 2002).
[108] G.R. Nos. 115253-74, 30 January 1998.
[109] 39 Phil. 778 (1919).
[110] 1 Olmstead v. U.S. 277 U.S. 438; J. Brandeis, dissenting opinion.
[111] 160 SCRA 590; G.R. No. L-69866. April 15, 1988
[112] Id., at 601-606; emphasis supplied.
[113] Id at 604; emphasis supplied.
Extrajudicial Killings, Melo Commission Report on Extrajudicial Killings
