Conclusion
Treachery of the highest order
BARELY a few days after the Edsa revolution, President Corazon C. Aquino, without prior consultation with Vice President Salvador H. Laurel, Defense Minister Juan Ponce Enrile, the Reform the Armed Forces Movement and other key participants of the Edsa revolution, created a Special Cabinet Committee composed of Minister of Justice Neptali Gonzales as chairman and Members of Parliament Luis Villafuerte and Antonio Cuenco, Executive Secretary Joker Arroyo and Laurel himself, as members, to decide whether the new government would operate outside the 1973 Constitution.
The prime objective was to determine whether the 1973 Constitution would be abolished or not.
Gonzales proposed the abolition of the Constitution and the proclamation of a revolutionary government under a Freedom Constitution.
Enrile strongly opposed the idea and argued that preserving the existing Constitution would ensure political stability.
Laurel, likewise, objected to the abolition, as he pointed out that the Gonzales proposal would result in a dictatorial government and would exist beyond the ambit of judicial review.
United Nationalist Democratic Organization (Unido) members of Parliament supported Laurel’s and Enrile’s observations and told Aquino that there was no need to abolish the Parliament because there was a new majority, which was ready to support the new administration.
Based on the minutes of a meeting recorded by lawyers Avelino V. Cruz and Minerva Reyes, the clear consensus was that the Parliament would give the President emergency powers through a proclamation so that she could move on to discharge her mandate effectively along the lines enunciated in Gonzales’s draft of a Freedom Constitution.
As planned, the Parliament stays and reconvenes on May 12, 1986, to adopt the proclamation of emergency powers. At the same time, it would annul the proclamation of President Ferdinand E. Marcos and Vice President Arturo Tolentino and declare Aquino and Laurel as the duly elected president and vice president, respectively.
The new government would be properly inaugurated and begin to operate under the existing legal framework, subject to the provisions of the emergency-powers proclamation under the Freedom Constitution. The emergency-powers proclamation would include a complete timetable for full transition to normalcy, including the adoption of a new Constitution and the holding of elections under it.
Accordingly, lawyer Avelino Cruz, representing Arroyo, lawyer Minerva Reyes and Deputy Justice Minister Renato Puno, representing Gonzales, drafted the fast-track plan.
The plan, however, failed to materialize and was never heard of again.
Malacañang hatched another plan and suddenly executed it without the knowledge of Laurel, Enrile, the rebel officers, as well as the majority of the Parliament.
“It was political treachery of the highest order,” Laurel said, adding that a new power group had quietly taken over Malacañang.
Earlier, Laurel and Enrile, with the full knowledge of Aquino, had been meeting with the Parliament members, with the help of former Prime Minister Cesar Virata, former Parliament Speaker Nicanor Yniguez, Minority Floor Leader Jose B. Laurel Jr., and all the Unido members of Parliament.
They were able to obtain the commitment of 132 members, a clear majority in the Parliament, with more members willing to join the bandwagon.
Laurel said: “We had agreed that the new majority would annul the proclamation of Marcos and Tolentino, that Cory and myself would instead be proclaimed, after which I would be formally installed as prime minister. The new majority, likewise, assured me that they would support the entire legislative program to be presented by the Aquino administration.”
Meantime, outgoing Prime Minister Virata, obviously oblivious of what was happening in Malacañang, formally turned over the Office of the Prime Minister to Laurel in a simple ceremony at the Executive House at 1 p.m. on March 25, 1986.
Two hours after the symbolic turnover, Aquino invited Laurel, Enrile and other Cabinet members to attend a news conference in Malacañang.
Suddenly, Aquino proceeded to read Proclamation 3, abolishing the 1973 Constitution, the Parliament, the Supreme Court, the Office of the Prime Minister and all national and local positions.
Laurel, Enrile and the rest of the officials present could not believe their ears. Aquino and her advisers had unilaterally set up a revolutionary government. Furious and feeling betrayed, Laurel recalled later: “It was not only politically reckless but economically disastrous as the country would be pushed back to the martial-law years.”
Enrile, Laurel, the rebel officers, as well as the Unido leaders had played a very important role in the ouster of Marcos. They gambled with their lives and gave up so much of their time to bring the new government to power. Any decision involving no less than the abolition of the Constitution should have at least been discussed and debated with them. Yet, they were not even consulted. They felt betrayed and it was too late to complain.
“History,” Laurel said later, “might have taken a different course if President Aquino had not abolished the 1973 Constitution, and if her avowed objective was to achieve political stability at the earliest possible date, she should have repealed only the highly objectionable Marcos amendments, particularly Amendment 6, which had clothed himself with legislative powers and perpetuated military rule.
“It was like burning a whole house just to kill a rat!”
Laurel was right because when she demolished the infrastructure of dictatorship, she wrecked the entire political structure and, thus, derailed the application of much-needed solutions to the country’s worsening political, social and economic problems.
Besides, there would have been no need to debate up to now the wisdom or the thoughtlessness of going back to a parliamentary form of government. Or, of wasting time and taxpayers’ money arguing whether to amend or revise the flawed Constitution.
To reach the writer, e-mail cecilio.arillo@ gmail.com.