Thursday, May 19, 2022
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home Opinion Columns Eagle eyes by Tony La Vina

Reminding Duterte of constitutional basics

Tony La ViñabyTony La Viña
April 9, 2019, 12:50 am
in Eagle eyes by Tony La Vina
Reading Time: 5 mins read
A A
73
SHARES
Share on FacebookShare on TwitterShare on Email

"It does not take rocket science to know what is constitutional and unconstitutional."

 

Many were surprised and taken aback by the President’s threat to his critics that he would suspend the writ of habeas corpus, jail all of them and declare a revolutionary government. But then again, after three years into this administration, who would be surprised by the President’s penchant for theatrics not to mention profanities? Yet as a lawyer from one of the premier law schools in the country, one could only expect that the President would be aware of the legal repercussions of his every pronouncement.

The 1987 Constitution is crystal clear. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Suspension of the writ shall be for a period not exceeding sixty days. Within 48 hours from the suspension of the privilege of the writ of habeas corpus (or martial law), he is required to submit a report in person or in writing to the Congress which may, by a vote of at least a majority of all its members in regular or special session, revoke such proclamation or suspension, which revocation shall not be set aside by the President. Congress may extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

In the few instances that the chief executive suspended the privilege, it was always during the time of rebellion and necessity of public safety. In 1950, President Elpidio Quirino suspended the privilege of the writ of habeas corpus due to impending communist threat from Hukbong Bayan Laban sa mga Hapon (Hukbalahap). The late dictator Ferdinand Marcos suspended the privilege in 1971, after the bomb attack during the rally of Liberal Party at Plaza Miranda in Manila. Former President Gloria Macapagal-Arroyo suspended the writ in 2009, in some areas of Maguindanao province following the Maguindanao massacre. And recently, martial law was declared in Mindanao and the writ suspended by Duterte due to armed attacks, violent acts, and perpetrated by the Abu Sayyaf and Maute terrorist groups.

Nowhere has there been an instance when the writ was suspended to suppress administration critics. Of course, criticizing an administration is never a ground to suspend the writ, much less declare martial law.

ADVERTISEMENT

A Constitution, founded on the principles of democracy and civil liberty, cannot sanction the suppression of basic freedoms by the State. A healthy democracy can only thrive in an atmosphere of freedom, including the freedom to engage in healthy and constructive criticism of the government. The exchange of ideas and even criticizing the leadership is an essential component of democracy. As one pundit said: “Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.”

Aside from the suspension of the writ the President also threatened to declare a revolutionary government. Early on in his administration, in 2016 I think, Duterte also threatened the Left and Yellows with a revolutionary government. And again, most recently Duterte, outraged by words of caution on his order to review all government contracts, again threatened to suspend the privilege of the writ of habeas corpus and arrest “all” his critics. Duterte also warned he would declare a “revolutionary war” if pushed to a corner.

I can remember only two instances in our history when a revolutionary government was set up. One was declared by Aguinaldo in 1898 and by Corazon Aquino following the ouster of Marcos in the EDSA People Power Revolution. In order to justify a revolutionary government, there must be a revolution just like in 1898 during the war of independence and 1986 people power revolution. For Duterte to threaten the opposition with a revolutionary government is utterly unwarranted, illegal and extra-constitutional, if not laughable. Any upheaval brought about by lawlessness, rebellion or invasion can be remedied by adopting the prescriptions within the constitutional framework.

Pilo Hilbay and Romy Macalintal hit the nail right on the head when they say that if Duterte declares a revolutionary government, he is in effect resigning and chooses to become a rebel thereby operating outside the law and by operation of the Constitution, VP Robredo takes over the reins of government which makes it her duty to quell the rebellion and stump out the rebels. Robredo said declaring a revolutionary government (RevGov) runs against Duterte’s duties as President and his oath to protect and uphold the Constitution.

Our leaders cannot be onion-skinned and resort to intimidation and threats at the drop of the hat. In the case of President Duterte, what makes it more dangerous is that he actually means it. He cannot in fact take criticism and will in fact have his critics arrested if the opportunities arise. Take the cases of Senator Leila de Lima, Maria Ressa, and Antonio Trillanes. It is shameful that the Department of Justice and the judiciary have played along and allowed this weaponization of the law.

The President is clearly reacting to the narco-list videos and the Philippine Center for Investigative Journalism (PCIJ) report on the Dutertes’ Statements of Assets, Liabilities and Net Worth. (SALN). On the latter, he argues that it is not PCIJ’s business to inquire about their wealth. That of course is not correct. It is the business of all citizens, and particularly media, to ask if their president and other government officials are corrupt or have abused their power. After all, Section 1 of Article 11 of the 1987 Constitution proclaims: “Public Office is a public trust.”

So there: all the President and his men need to do is to go back to the basics of the constitution. I will humbly agree that the President is a brighter lawyer than I am; on the constitutional basics I do claim some knowledge as a teacher of the subject in quite a number of schools. It does not take rocket science to know what is constitutional and unconstitutional. And clearly the President’s latest statements are the latter; hence, this reminder from one Mindanawon lawyer to another.

Facebook Page: Professor Tony La Viña Twitter: tonylavs

Tags: 1987 ConstitutionElpidio QuirinoGloria Macapagal ArroyoPhilippine Center for Investigative JournalismRodrigo Duterte
ADVERTISEMENT
Tony La Viña

Tony La Viña

Related Posts

Understanding the Marcos victory

byTony La Viña
May 17, 2022, 12:05 am
0
1k
Denying Villafuerte justice

"As much as I do not like it, I wish presumptive President Ferdinand Marcos. Jr. the best in the years...

Read more

National unity after the elections

byTony La Viña
May 14, 2022, 12:10 am
0
554
Denying Villafuerte justice

"I give you a new commandment: love one another. As I have loved you, so you also should love one...

Read more

Turbulent days ahead for the country

byTony La Viña
May 10, 2022, 12:05 am
0
1.3k
Denying Villafuerte justice

"The poor and the basic sectors above all must be represented in that coalition of the willing." I submitted this column...

Read more

Our good shepherd

byTony La Viña
May 7, 2022, 12:10 am
0
343
Denying Villafuerte justice

"Reject the dishonest, ill prepared, corrupt, immoral, and the selfish." The Gospel reading for the fourth Sunday of Easter is...

Read more

Status of Joel Reyes cases

byTony La Viña
May 3, 2022, 12:05 am
0
530
Denying Villafuerte justice

"I believe in the Supreme Court and the judicial process." In the latest legal twist in the 11-year-old murder case...

Read more

God calls, surprises, and loves

byTony La Viña
April 30, 2022, 12:05 am
0
262
Denying Villafuerte justice

"If only we let ourselves be led by Jesus’ love every moment of our lives, we will experience amazing things."...

Read more

Stories you may like

  • Ex-Naga dad links Leni’s brother-in-law to illegal drugs

    Ex-Naga dad links Leni’s brother-in-law to illegal drugs

    35808 shares
    Share 14323 Tweet 8952
  • Of course, it was BBM’s project

    30205 shares
    Share 12082 Tweet 7551
  • INC endorses BBM, Sara

    28661 shares
    Share 11464 Tweet 7165
  • Duterte’s seven biggest achievements

    18005 shares
    Share 7202 Tweet 4501
  • Marcos leads SWS survey on presidentiables at 50%

    13537 shares
    Share 5415 Tweet 3384

Print Edition

View More

Recent Posts

  • Sneakers for Makati : AB4.0
  • PH in for a food crisis—Dar
  • Marcos talks to Xi, sees ‘fruitful’ PH-China relations
  • Finally, winning senatorial bets get proclaimed
  • GMA pushes Romualdez’ bid for Speaker with full support
  • DOH okays 2nd booster for elderly, frontliners
  • PH keeps 3rd spot with 3-gold haul
  • It’s official: Wet season begins

Advertisement

Latest News

DOH okays 2nd booster for elderly, frontliners

byWillie Casas
May 19, 2022, 1:10 am
0
143
WHO worried over 2.5 million Filipino seniors yet to receive jab

Health workers and the elderly may now receive a second booster against COVID-19, the Department of Health (DOH) said Wednesday....

Read more

PH keeps 3rd spot with 3-gold haul

byRiera U. Mallari
May 19, 2022, 1:00 am
0
145
PH keeps 3rd spot with 3-gold haul

Hanoi—Fil-American Kayla Richardson was crowned the fastest woman of the 31st Southeast Asian Games on another slow day for the...

Read more

It’s official: Wet season begins

byManila Standard
May 19, 2022, 12:50 am
0
139
200m jabs seen before yearend; 433 new COVID cases, tally rising

The six-month wet season in this Southeast Asian republic has begun, the state weather agency said Wednesday. Using temperature and...

Read more

Biz groups push for economic bills

byOthel V. Camposand1 others
May 19, 2022, 12:40 am
0
140
Vax wastage, infection surge feared in Odette-hit areas

Seven business groups and six foreign chambers called on the House and Senate to pass the remaining priority economic reform...

Read more

Marcos camp urges critics to end animosity

byRey E. Requejoand2 others
May 19, 2022, 12:30 am
0
162
Musk buys Twitter, vows to let users fight trolls, disinformation

The camp of presumptive President Ferdinand “Bongbong” Marcos Jr. on Wednesday again urged petitioners in two disqualification cases filed against...

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App