Apr. 2, 1973

1973 Marcos Diary Black Book_Page_064.jpg

 

 

…Dr. de Vega has just written me that the Supreme Court has resolved the pending suit in the New Constitution and as of this moment is distributing its decision in favor of our position – 6-4.

The four dissenting Justices are:

1. Chief Justice Roberto Concepcion

2. Justice Calixto Zaldivar

3. Justice Enrique Fernando

4. Justice Claudio Teehankee


Saturday, October 7, 1972

I was concerned for Justice Barrera’s safety. When he saw me, he also showed much concern—for me. He asked excitedly in rapid succession, “Were you released?” Did they release you?”

“I was never taken in, Justice,” I assured him.

“No, no, no, you were taken in, but did they release you immediately afterwards?”

He showed genuine pleasure upon having been convinced that I had not really been arrested. And I said, “How about you, Justice, what’s your story? I was equally concerned about you. I thought you had gone to Hong Kong.”

“No.” He smiled. “It seemed actually I was in the list but it was Secretary Enrile himself who withheld my name saying that I am already quite an old man and there is nothing to be gained in putting me behind prison.”

“As a matter of fact,” he continued, “I had even prepared everything already, including my mosquito net, because I really thought I was going in.”

I proceeded afterwards to the meeting of the Committee on External Affairs.

“By the way, my name is not Ramon,” I said repeatedly because there was so much joking about the Con-con delegate Ramon Espiritu who, according to the papers, has been arrested.

Ramon Espiritu is one of the members of the Communist politburo in the Philippines who were arrested in 1956 and put behind bars for more than 15 years. I do not know him and I have never met him. I wonder why people like Ramon Espiritu, and even more so, Luis Taruc and Alfredo Saulo, who have already been punished so much in the past and who, apparently, are now living within the pale of the law, are to be detained again.

Nene Pimentel rode with me in the car. He told me that he was with Ernie Rondon a week ago when Rondon was taken in. They were apparently having lunch at Rondon’s house when an officer came in and showed him a xerox copy of an order from Enrile to have him arrested.

Pimentel had appeared at the Supreme Court yesterday.

“It was quite beautiful the way the thing had proceeded.” He was almost ecstatic. He had told the judges point-blank that if the Supreme Court did not do its duty now, they may find themselves in the same predicament as Chief Justice Taney in Ex Parte Merryman during the U.S. civil war. Taney had pitifully bewailed the illegality of Lincoln’s suspension of the writ of habeas corpus and his (Taney’s) own inability to release those arrested.

He said that the conditions did not warrant the declaration of martial law. To begin with, the bombings could not be used as an excuse. For example, Pimentel warmed up, who were caught after the grenade bombing of Plaza Miranda a year ago? There were some convicts among them, but there was absolutely no proof that the NPAs have really done it.

Again, who bombed Joe’s store at Carriedo? A PC trooper, not NPAs. Who was suspected of bombing the Con-Con? Two men dressed in PC uniforms were seen running away; in fact, it was probably because he was yelling and telling everyone that he saw two soldiers coming out of the toilet (which was the epicenter of the bombing) that Pepito Nolledo was later arrested.

Nene told the Supreme Court that it was their historic duty to do something to avert disaster. He apologized for speaking that way, but he was before a court of justice and if he could not speak there, he would not be able to speak anywhere else.

Nene said that he had discerned from the interrogations that Chief Justice Concepcion and Justices Fernando and Teehankee and possibly Fred Ruiz Castro were probably sympathetic.

It’s too bad, I said, that JBL Reyes is no longer in the Supreme Court.

According to him, the responses to the interrogation of the solicitor general, Titong Mendoza by Chief Justice Roberto Concepcion, showed that Titong himself was quite skeptical about the government’s actions.

The CEPO meeting I attended afterwards was held at the Army & Navy Club. When Tavi Tavanlar came in, he informed us that there was a think tank that was helping President Marcos formulate economic policies. Among the regular members that he had seen in these meetings of the group were Armand Fabella, Gerry Sicat, Ting Paterno, Bong Tanco and a few other guys. Tavanlar suggested that CEPO should formulate certain economic policies for presentation to this think tank.

What? Actively collaborate with the man primarily responsible for the loss of our freedoms—and the arbitrary arrests and even tortures? What a preposterous idea!


Sept. 24, 1972, Sunday

Marcos Diaries 1972_142 Marcos Diaries 1972_143 Marcos Diaries 1972_144

 

(1)

1:25 AM Sept. 25th

Sept. 24, 1972

Sunday

Malacañan Palace

Manila

Diokno, Chino Roces, Max Soliven etc. have filed a petition for a writ of habeas corpus before the Supreme Court.

I asked Justices Claudo Teehangkee, Antonio Barredo, Felix Macasiar and Felix Antonio to see us. They insisted that the government should submit to the Supreme Court for the Court to review the constitutionality of the proclamation of martial law, Proclamation No. 1081.

So I told them in the presence of Secs. Ponce Enrile and Vicente Abad Santos as well as Sol. Gen. Estelito Mendoza that if necessary I would formally declare the establishment of a revolutionary government so that I can formally disregard the actions of the Supreme Court.

They insisted that we retain a color of constitutionality for everything that we do.

But I feel that they are still image-building and do not understand that a new day has dawned. While they claim to be for a reformed society, they are not too motivated but are too bound by technical legalism.

I have amended both Gen. Orders Nos. 1 and 3 to assume all powers of government including legislative and judicial and clearly excluded cases involving the constitutionality of my acts from the jurisdiction

 

(2)

Sept. 24th (Con’t)

Malacañan Palace

Manila

of the Supreme Court.

I met the cabinet to emphasize the program to reform our society.

And I signed the decree (No. 1) to promulgate the law on the Reorganization of the Government.

Tomorrow I will sign the decrees promulgating the new Civil Service Rules, the Rehabilitation and Reconstruction Law, the Land Reform Funding and dismiss some judges, the CIR judges, Public Service Commission.

We have impressed everybody with our fairness by the arrest of Cong. Roque Ablan, Rafael Aquino and Gov. Luis Bocalan.

I have ordered profiteers to be arrested.

And the ROTC boys have cleaned up the streets of graffiti.

Only KBS and the The Daily Express are operational.

 

(3)

Sept. 24th (Con’t)

Malacañan Palace

Manila

I just talked to Earl Mayo, the biographer and advisor of Nixon, and his first advice is to immediately meet the press as soon as possible and explain that this is not a dictatorship.

Sec. C.P. Romulo, whom I talked to again by long distance, has done a good job of holding press interviews and issuing press releases.