Constitutional Transition Government – an experiment

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“The Constitution is an experiment as all
life is an experiment. Every year, if not every day,
we have to wager our salvation on some
prophecy based on imperfect knowledge.”
—Justice Oliver Wendell Holmes

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It is not only the Constitution that is an experiment. Life itself is an experiment into the trackless unknown. It is only when you get there that you can claim the experiment is successful. Thus, I insist on saying that victory or defeat is determined at the edge of the graveyard. Any judgment before that time is not final.

So I urge our people to embark on an experiment results of which are determined by the intensity by which we pursue our goals.

What is the experiment? The answer is: the organization and implementation of the goals of our people for a better life for all by organizing a Constitutional Transition Government – CTG for short.

What is a Constitutional Transition Government? It is a government based on two specific provisions of the Constitution. The first provision is Section 1, Article II of the Constitution which is denominated as the “The Declaration of Principles and State Policies” which provides, as follows:

“The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”
The second provision states:

“Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.”

Section 1 of Article II of the Constitution is referred to by constitutionalists here and the United States of America as the right to revolution. The right to revolution in modern constitutional law has been set and immortalized in the American Declaration of Independence on July 4, 1776 written by a noble genius, Thomas Jefferson, who later became the third president of the United States of America, its pertinent contents read:

The American Declaration of Independence

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them most likely to effect their Safety and Happiness.”

The second provision, section 3 of Article II of the Constitution is referred to among constitutionalists as the protector provision of the Constitution. The concept is nothing new in the world. It also exists in many countries in Latin America and Africa. The difference between our Constitution and that of the other countries is that the word used in our Constitution referring to the armed forces as the protector of the people and the State while in the other countries they use the word guardian of the people and the State. But they are one and the same.

The rationale of this provision is to legitimize Edsa I, the basis of the assumption of state powers by the Corazon Aquino government which was spearheaded by the armed forces with the support and protection of the people. I was one of the few who objected to this particular provision since it would legitimize a coup d’etat to uproot a democratically elected government, especially if the motive of the military men is to grab power for themselves. The objection has legitimate basis since in Latin America and Africa, this is the kind of provision that legalizes a coup d’etat and, as a rule, considering the cultural environment that creates military officers in the Philippines, the generals cannot be trusted with the use of State power to give justice to the people.

The Constitution was ratified by the people and there was nothing much I could do about it then. But the people with us can do something about it now – create the CTG.

How to create the CTG

Based on the afore-quoted provisions of the Constitution, there are three institutions in this country that can create a Constitutional Transition Government. First, the President of the Philippines! Why? – Because under section I of Article II, as the Chief Executive of the country, he represents the people and under section 3 of the same Article, he is the Commander in Chief of the Armed Forces of the Philippines and is on top of the military establishment.

He can do it. But will he do it? Taking into consideration the rules of probability, it would not be sound to conclude that he will do it for several reasons. First, doing it means he admits the system that elected him into office has failed. Second, it is admitting that the matuwid na daan is a total failure as a solution to our problems. Third, it is an admission that his KKK formula does not work as an instrument for effective national governance.

Fourth, it would mean that he admits the government is hopeless to effectively help our people to live fruitfully, meaningfully and happily. Fifth, it would be an admission that we have to adopt the extreme solution to solve our age-old problems. Sixth, it is an acknowledgment that elections are useless to choose leaders of our country.

So, it is unlikely PNoy will organize a CTG since he would not know how to do it. Besides, he does not know the parameters with which to choose the new leaders.

Will the military do it? It is also unlikely because the military officers are career-oriented. The last thing they would do, considering that the officers did not come to the rescue of the distressed SAF 44 at Mamasapano when they were at smelling distance from the beleaguered police officers and men for fear that their careers would suffer if they disobey the treacherous stand down order of PNoy, is play the standard operating procedure of the three monkeys – see no evil, hear no evil and speak no evil.

Another strong reason why the military will not do it is the fact that the American government may not support the move. As a rule, top leaders of the military in the Philippines will not move without making sure that they have American support. However, it is not improbable for some patriotic military officers to move, fired by love of country and in the correct appreciation that there is no future for generation of Filipinos under the present system.

People – the imponderable factor

In this game of organizing a CTG, the most imponderable factor is the people. Will any leader among the people have the courage to start the initiative of organizing a Constitutional Transition Government? Maybe, since you can never underestimate the Filipino. Our immediate past experiences show that. They said it was impossible to remove President E. Marcos but he was deposed – by the people. They said it was impossible to impeach Erap but he was impeached by the people.

In the famous line in Sohrab and Rustom, “Only the events will teach us in each hour.” The first move is a dialogue within this month on the CTG. Next is the creed, the composition of the National Coalition for a CTG and the CTG goals and programs. These will be the subject of the next column on Saturday, September 12, 2012. Then, you can never be sure of the magic of September morn.

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14 Comments

  1. Sir, pls. hear on this analysis by an American investigative journalist that the foundation of Humanity’s Sovereignty must be regained at the most basic, Individual level. By RULE OF LAW Christ prophesied (Matt. 12:42) Queen of the South HRM Salvacion Legaspi Y Espiritu Santo (Divine Feminine) of Grandfather Maharlikhan Tribe has already achieved the GROUND ZERO for Redemption of World Humanity from world debt and regain of our true Sovereignty.

  2. HIndi ako magtataka kung pati ang mga military Generals natin ay nasuhulan na rin ng pera from the presidency of Corykong up to now…??? Kaya walang coup d etat…
    kaya heto ang nagsusuffer and mga Pilipino..weak defence ng ating bansa..at sinamantala nmn ng mga behong intsik ang pagkawala ni Ferdinand Marcos..
    feed ur mind people.. Make it simple.

  3. If life is an experiment, by the constitution the national life is also an experiment, then our claim to the only Christian nation in Asia is a farce.. The American rely in the guidance of the Almigthy God in setting out a framework of society for themselves from which the Philippines’ is patterned supposedly. If the CTG is proposing a another kind of government designed and grounded solely in the human wisdom to experiment in this magnitude, then it’s vision is limited to what reason can conceive, it does not take into account the forces of nature and the unforeseable things that could occur in the flow in time and space. This is self reliance that does not acknowledge God borders in arrogance.

  4. wait na lang muna sa eleksiyon darating and let the smartmatic do the chiting. the lossers will surely ignite the fuse for a rebolution to explode. remember – pag puno na ang salop, ito ay kinakalos!

  5. Mariano Patalinjug on

    Yonkers, New York
    12 September 2015

    There are those who may denounce Homobono Adaza for suggesting the creation of a CONSTITUTIONAL TRANSITION GOVERNMENT, especially the people who have long benefited from the present form which is a “democracy”–albeit a spurious one– as defined by the 1987 Constitution.

    Who are those people who have been reaping such benefits from this present form of Government since the country gained its independence in 1946?

    They are those who belong to the well-entrenched PLUTOCRATIC-POLITICO-CLERICO Conspiracy, which has held the country in its vise-like grip, driven by an overarching agenda to manipulate and exploit the Filipino people.

    There is no way the Philippines could ever surmount its pejorative reputation as “The sick man of Asia,” and achieve the kind of real, solid, inclusive and enduring prosperity and progress its neighbors Taiwan, Hong Kong, Singapore and South Korea–known worldwide as “Economic tigers”– if the Filipino people fail to break this vise-like grip.

    As that wise saying goes, “Desperate situations call for desperate solutions!”

    What Homobono Adaza here proposes–a Constitutional Transition Government–is just such a desperate solution for a desperate situation.

    The problem is, Who will initiate such a drastic if not draconian change?

    Among the possibilities, and they can be counted by the fingers of one hand now, the one who can “swing it,” in my opinion, is Davao City Mayor RODY DUTERTE.
    Close behind him is PANFILO LACSON. These two have the integrity, the will, the courage, the patriotism and the steely determination to manage a CTG not for their own personal benefit, nor for their relatives, friends and colleagues, but for the country and the Filipino people. These two have the sterling qualities of Singapore’s LEE KWAN YEW.

    For the country and the Filipino people, 30 million of whom are now stuck in the quagmire of widespread and chronic poverty, living lives of extreme degradation and dehumanization, THE HOUR IS LATE.

    MARIANO PATALINJUG
    Lakandula1927@yahoo.com

  6. Thank you Mr Adaza, however, to become a legitimate transition government, it must possess a territorial jurisdiction. and why is article 1 section 1 treaty of paris official set of instruments including the OCT 01-4 not mentioned as part of the set needed for the CTG?

    • One-to-SAWA!!!! Sali-salimuot yang proposal… kabit diyan automatic walang paltos, bise-presidente takes over. Next??? Malay me, one-to-sawa, okey naman, di ba? Sino nga ba ang mga kasali dito sa eksperimento- por-de-Kit-Tatad?

  7. Bono, your piece is like saying that benigno is inane, incompetent and ignorant – he does not know that he does not know. Pathetic indeed are the people who were duped by the pied piper of Times Street as they were conned by sloganeering of “ma tweed na dung”. The clueless masses chose an asshole who contonously believes on his own lies. But anyway, the people can always redeem themselves. Since the bogeyman considers the people as his bosses, the people can always sack their tyrant thru their collective will. Surely, the itinerant can be literally thrown out into the streets of Mendiola any day now when they they wake up one morning and say altogether that ENOUGH IS ENOUGH. As the song in Les Miserables say, THEN, THEY WILL SEE THE PEOPLE RISE.

  8. Guillermo Hernandez on

    The Filipino psyche revolves around : 1. watching Pacquiao bouts , 2. watching basketball games..NBA & PBA 3. Daydreaming about immigration to USA or Canada
    or Australia and 4. having OFW children or relatives for their dole outs.

    The CTG is farthest from their mind………imagine them losing their ” lagays ”
    during the elections……tsk…..tsk…..tsk…..that is unimaginable to a great number
    of Filipinos.

    Anyway, Mr. Adaza, good luck on your journey for the noble cause called the
    CTG.

  9. Benjamin Samonte on

    If there is someone who will lead or rally the people for a CTG, what are the “legal” steps to follow so that all participants are not liable to the existing governance?

    Many extreme patriots and nationalists are still around but perhaps, they are not aware of this CTG’s legal process of doing so…And so, up to this time, the government “characters”, mostly corrupt trapos /tradpols continue to deliver the people to more sufferings, in poverty, in lawlessness, and all the bad things in their are happening all at the same time without relief in sight….

    It’s time for a CTG, PLease MR Adaza, show the mechanics and “they” will do the rest…Thank you po, Mr. Adaza.

    • In its present form, the present constitution needs tweaking only on those particular provisions. That can be done by the next president with just one stroke of a pen. The rest will just need strict implementation of existing laws. We can not waste time on debates which will just be a forum for exhibiting debating acumen. In the light of tsaynis hegemony, the more urgent task is to acquire our naval and aerial assets thru the creation of a military-industrial complex which will create the jobs with the manufacture and assembly of armada of ships, planes and land vehicles and trains.

  10. The ideas submitted here are very idealistic, but it failed to factor the peoples’ cultural characteristics which delayed action to put down Marcos longest term ever. We paricipated with our so-called peoples power then…one of our members who waited in frustration for the people to join us said: “the trouble with us filipinos is we are made up of three(3) Ts: “Tanga, Tacut, Tuta”.Unless these traits are taken into consideration, finding a solution would be an impossible dream.

  11. Mr.Adaza” COUP D’ETAT” is the best description not revolution, as true revolution will change our society for better, better life for the majority, better hope..this two Edsas brought more miseries to the enire nation to sum up!

    • If we are prepared for bloodshed, a coup is the easiest way. It is very cheap to finance a coup and there will always be takers. But who in the military can we trust? My plan is to use the power of the money and finance all the barangays directly with their own project so that every barangay have its own endeavor and everyone his/her own job – with each one’s pride and dignity intact. When everyone is so busy making their own money, will there be time for a jobless literally lapping a politician’s ass and putting up with a politician or a military guy’s inanities? The Philippines has trillions of assets and it will be tapped soon – and released when benigno is gone.