On January 17-20, 2001 there was a four-day protest that
advocated for the downfall of the government of President Joseph Estrada. The
peaceful demonstrations and rallies were held at EDSA (Epifanio de los Santos
Avenue). Successfully installing Vice President Gloria Macapagal Arroyo and
supported by leaders of the original EDSA that toppled Marcos, it was dubbed by
the Philippine media as EDSA II.
EDSA I was a peaceful revolution that recognized the sovereign
power of the Filipino people to effect regime and institutional changes. This
is why it was called People Power
Revolution. Initially guided by a Freedom
Constitution and later on by a duly ratified 1987 Constitution, it was
undoubtedly recognized legally and by the international community.
EDSA II was held in exactly the same place and also instituted
regime change but was definitely not empowered to institute revolutionary
changes. It was not a revolution.
EDSA I was a product of a long struggle by Filipino freedom
fighters to overthrow the dictatorial regime of Ferdinand Marcos.
Dictators are historically toppled only through revolution or coup
d’état. The successful downfall of Marcos was precisely through the
peaceful People Power Revolution. It
was also an immediate reaction to Marcos’ attempt to reverse the results of the
elections that pitted him against CORY, the widow of Ninoy Aquino. Marcos’ term
as President had ended and had no legal basis to remain as a dictator.
Disregarding the sovereign will of the people in electing CORY was
unacceptable. Installing her as President after the successful revolution was a
wise and right move.
Legitimate voters duly elected President Joseph Estrada
nationally by a landslide. The legal process to oust a President is by
impeachment. He was indeed impeached by the House of Representatives and was
going through an impeachment trial at the Senate when the so-called EDSA II was
launched.
EDSA II disregarded the constitutional process of impeachment in
forcing the resignation of President Joseph Estrada allowing the ascendance of
Vice Gloria Arroyo. Under the 1987 Constitution, “the Vice
President (or the Vice President-elect) shall assume the Presidency or serve as
acting President:
•
In case of the death, permanent disability, removal from office,
or resignation of the President, the Vice President shall assume the
Presidency.
•
If the President-elect fails to qualify for office, the Vice
President-elect shall act as president until the President-elect is qualified.
If a President is not chosen, then Vice President shall
act as President until a President is chosen and qualified.”
President Estrada did not die. He had no permanent disability.
He was not removed from office. In fact, the impeachment trial was still going
on to remove him. He did not actually resign. The Supreme Court just decided
that his actions amounted to a virtual or implied resignation.
Most important was the withdrawal of support and defection of
General Angelo Reyes, AFP Chief Staff representing the military. The combined
forces of the protesters or what the critics called “the mob rule” and the
military establishment headed by General Reyes actually amounted to a coup
d’état.
The Supreme Court gave it a democratic and constitutional
legitimacy by asserting that President Estrada resigned and could therefore be
succeeded by Vice President Gloria Macapagal Arroyo.
So even by Supreme Court declaration, EDSA II was not a
revolution but a regime change through a constitutionally provided due process.
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