With the controversy raging around Resolution 1109, it should be salutary to recall the similar atmosphere of 1973 and 1986. 1973 ended in defeat for democracy, but in 1986 democracy was re-won.
On March 16, 1967, the Philippine Congress, pursuant to the authority given to it by the 1935 Constitution, passed Resolution No. 2 (later amended by Resolution No. 4 passed on June 17, 1969) calling a Convention to propose amendments to the Constitution. Election of delegates to the Convention was held on Nov. 20, 1970, and the 1971 Constitutional Convention began on June 1, 1971.
Before the Constitutional Convention could finish its work, martial law was imposed on the entire Philippines on Sept. 21, 1972. Even as some delegates were placed under detention and others went into hiding or voluntary exile, the Constitutional Convention continued.
Much has already been written about the extent to which the martial law atmosphere affected the final outcome of the convention. On Nov. 29, 1972, the Convention approved its Proposed Constitution of the Republic of the Philippines.
On Nov. 30, 1972, President Marcos issued Presidential Decree No. 73 “submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention” and setting the date of the plebiscite on Jan. 15, 1973.
On Jan. 7, 1973, however, the President issued General Order No. 20 directing “that the plebiscite scheduled to be held on January 15, 1973, be postponed until further notice.”
Meanwhile, the Citizens Assemblies, organized by Presidential Decree No. 86, were being asked to answer certain questions among which was: “Do you approve of the new Constitution?”
Suddenly, the surprising blow came. On Jan. 17, 1973, while the Supreme Court was hearing arguments on petitions to enjoin the holding of a plebiscite, President Ferdinand Marcos, by Presidential Decree No. 1102, announced that the proposed Constitution had been ratified by an overwhelming vote of the members of the Citizens Assemblies.
The nation could not and would not believe the news. Some asked the Supreme Court to say that it was not so.
On March 31, 1973, a divided Supreme Court made the cryptic declaration that “there is no further judicial obstacle to the new Constitution being considered in force and effect.”
One need not agree with the opiate offered by one Justice that at bottom of the divergent views in the Supreme Court’s decision was “the degree of one’s faith—in the nation’s leadership and in the maturity of judgment of our people.” Nevertheless, believers and unbelievers alike cowered through the most difficult parts of the Marcos regime.
For over a decade, the principal dramatis personae did not change. But the script underwent some change. In 1976 the Constitution was amended to give birth to the interim Batasang Pambansa, a legislative body which functioned no better than as a rubber-stamp for the will of the President which found a new authoritarian vehicle in Amendment 6 which was also a self-bestowed gift packaged with the 1976 amendments. In 1981, the 1973 Constitution was once again amended to depart from the parliamentary form of the original 1973 Constitution to the presidential. Soon the interim Batasang Pambansa gave way to a regular Batasang Pambansa which, however, was not much sturdier than its predecessor. Meanwhile, the faith in the leadership was totally crumbling.
In November 1985, as the regime of Mr. Marcos sunk deeper into unpopularity, the President gambled by calling for a special presidential election. Corazon Aquino challenged President Marcos for the presidency and elections were held on Feb. 7, 1986.
On Feb. 15, 1986, the Batasang Pambansa, in the exercise of powers given by the 1973 Constitution, proclaimed Ferdinand Marcos President amid widespread protest. Subsequently, starting on the afternoon of Feb. 22, 1986, Minister of National Defense Juan Ponce Enrile and Vice Chief of Staff Lt. Gen. Fidel Ramos initiated a revolt against Ferdinand Marcos. Ramos and Enrile placed their support instead behind Corazon C. Aquino.
To make the long story short, as the 1973 Constitution began, so it also ended—by revolution. In its place was installed first a Provisional Constitution and finally the 1987 Constitution. Marcos called the 1973 Constitution a revolution from within, but the 1987 Constitution was a revolution from without.
The events of two weeks ago which gave birth to Resolution 1109 was reminiscent of 1973, when President Marcos manipulated the 1973 Constitution through ratification by the Citizens Assemblies. But the military was behind him then. By Feb. 15, 1986, when the Batasang Pambansa proclaimed Ferdinand Marcos President amid widespread protest, military support was all but gone. In a matter of days the regime would fall.
In which direction is 1109 leading the nation? Will the parallelism with 1973 also end with a parallelism with Feb. 25, 1986? Much will depend on how President Arroyo plays her cards.
And should the controversy reach the Supreme Court, which side will the Justices take? Will it be a replay of the Marcos Court? Many foresee a divided Court now. But how divided will it be and which side will prevail? I wish I could predict the outcome with certainty, but I cannot. We are living in interesting times indeed.
