If President Rodrigo Duterte makes good his threat of declaring a revolutionary government, Vice President Maria Leonor “Leni” Robredo would become president, her lead legal counsel Romulo Macalintal said yesterday.
Macalintal, a veteran election lawyer, said Robredo would assume the functions and office of the president if Duterte declare a revolutionary government, “having divested himself of the presidency.”
“Declaring a revolutionary government would mean that President Duterte becomes the leader of a revolutionary government while Robredo becomes the leader of a duly constituted government,” Macalintal, an Otso Diretso candidate for senator, said in a statement.
“Declaring a revolutionary government is not the function of the president. On the other hand, it is his solemn duty under the Constitution to protect our government and country from any act that would topple or put down our government,” he added.
He said if this happens, there would likely be “a show of force” between Duterte’s government and the government led by Robredo.
This, Macalintal added, would put to a test the loyalty of the Armed Forces of the Philippines (AFP) as to which government it will support.
The president’s threat of suspending the privilege of the writ of habeas corpus and declaring a revolutionary government, according to Macalintal, are two inconsistent acts, as suspending such privilege means adhering to the provisions of a Constitution that will not be recognised by his envisioned government.
Robredo called out the president for his “irresponsible” statement.
“Just because you’re throwing a fit, you can’t just scare the public in an unconstitutional way. I think he made an irresponsible response,” she said.
On Thursday, Duterte warned Senate Minority Leader Franklin Drilon and other members of the opposition not to push him to the wall or he would declare a “revolutionary” government, suspend the privilege of the writ of habeas corpus and arrest all of them. Duterte made the statement after Drilon asked his administration to exercise “extreme caution” in reviewing contracts the government has entered into with private firms and foreign countries.
“I have enough problems with criminality, drugs, rebellion and all. But if you push me to the wall, I will declare the suspension of the writ of habeas corpus and I will arrest all of you,” Duterte said in his speech during the annual convention of the Prosecutors’ League of the Philippines in Puerto Princesa City, Palawan, on Thursday night.
“So don’t push me. You, along with rebels, criminals, including drug offenders want to make me suffer]? I will declare a revolutionary war until the end of my term.
Then I don’t care. Come what may hell or other way. I’m willing to be hanged, I’m willing to die,” he added.
According to the president, there was nothing wrong with his recent directive to review all the contracts, saying the objective was to determine if there were deals that were detrimental to the country’s interests.
“I ordered the review of the contracts and here comes Drilon saying that I should be careful. Be careful of what?” Duterte added.
“Why should I be very careful in reviewing contracts that are not to the interests of the people? And the onerous and burdensome provisions there that people have to honour, so you think that I will allow it just because we cannot impair the obligation of our contracts?” he said.
Sen. Panfilo Lacson yesterday said he believes that Duterte is smart enough to know that he cannot declare a revolutionary government and suspend the writ of habeas corpus.
“He will not do it because he is too smart and intelligent to know he cannot do it,” Lacson said in a text message.
Senate President Vicente Sotto 3rd said Duterte issued the statement out of frustration.
“I’m sure he will have a better outlook once his programmes against criminality becomes more successful. Suspension of the writ has proper constitutional safeguards while a revolutionary war is a metaphor,” Sotto said.
Senators Francis Pangilinan and Risa Hontiveros also rejected the president’s threat.
“Instead of threatening his critics with arrest he should arrest the big-time druglords and his (Bureau of) Customs appointees who have repeatedly brought in tonnes of shabu worth billions (of pesos). With the arrest of these bigtime druglords he would have proven his drug war is for real and his critics will be silenced,” Pangilinan said.
“In the middle of China’s massive, illegal and deep incursion into our territories and our very own workplaces, President Duterte would rather pick on his own people than confront the country’s real invader,” Hontiveros quipped.
“Instead of standing up to China’s aggression, President Duterte threaten his own people with warrantless arrests and war.
What should be suspended are not the people’s civil liberties but the onerous contracts entered into by President Duterte with the Chinese government,” Hontiveros added.
Senatorial candidates and members of the House of Representatives also criticised the president.
Bayan Muna Rep. Carlos Isagani Zarate said there was no reason to suspend the writ of habeas corpus or declare a revolutionary government.
“You cannot suspend the writ just because the president got piqued,” Zarate said.
Makabayan senatorial candidate Neri Colmenares agreed, saying there there was no constitutional basis for such a suspension of the writ.
Macalintal: legal viewpoint
