Thursday, November 16, 1972

Moy Buhain, that good colonel, was again at the house at about 9:00 o’clock.

He informed me that according to some rumors, the President might yet want an election next year.

I said I would not rule that out. It is indeed possible that next year the President’s popularity might zoom up again and then he would prefer to be elected prime minister rather than continue with martial law. This one year of martial law may be a leeway for him to improve society as well as his chances of staying in power. So while the indications are that martial law may take a while, it might also happen that it may be cut short by the President himself if and when he feels secure enough in his position.

Moy was somewhat apprehensive about the duration of martial law. He was unhappy over the fact that there is no specific time mentioned for the transitory government.

At the session hall, a heated exchange had taken place between Vic Pimentel and Pacificador. These two delegates started challenging each other. Some delegates stood up to prevent them from getting to each other; but I heard some other voices saying, “Bayaan mo sila. Mabuti nga!

Some delegates might just have wanted Pimentel and Pacificador to really come to blows with each other. For some reason, these two do not seem to be well liked in the Convention.

“Look at him strutting around like a peacock,” Sed Ordoñez, Pacificador’s former professor, whispered to me in contempt.

“Wrong, Sedfrey. A peacock is a beautiful bird.”

I had a brief chat with Munding Cea. He said that he cannot in conscience really lead the team of floor leaders. He said this is “lutong macao.” He said we were really instituting a dictatorship in the Constitution.

I am getting to respect Munding more and more for his decency and his respect for democratic processes.

I asked him how I could hest proceed with my plan of inserting my amendments. He said the best thing is not to speak now but to wait until the plenary session. I told him that I do not expect any discussion, much less do I entertain any thought of success. I simply want to have my thoughts inserted in the journal.

We talked about our colleagues who were in the army stockades. He said that not one of the delegates really deserves to be in prison.

The most ideological of them, I suggested, Boni Gillego, who alone among the delegates openly claims he is a Marxist, is really a social democrat. And he is patriotic, I said, and is concerned with fighting injustice, particularly the great and distressing gap in access to goods and services among our people. He mouths some Marxist terms but wouldn’t harm any one.

Munding nodded his head in agreement. “That happens to be his belief,” he said. “But he is not a violent man.”

I also chatted with Gary Teves and Aying Yñiguez. Gary said that Dr. Aruego, like me, is also doing a lot of writing now. He said it would be good for me to talk to Aruego about how the 1935 Constitutional Convention finally framed the Constitution.

Gary complained about the way the form of government has been distorted by the Steering Council. We had fought and won on the matter of changing the form of government to a parliamentary one but now, the government in the new draft is called a parliamentary one but in essence it is no longer parliamentary. It is really a very strong presidential government, with all the powers vested in the prime minister. The prime minister is now much stronger than the parliament.

“Gary, this is really a prime ministerial government,” I commented.

We noticed that Cefi Padua, Bobbit Sanchez and Joe Feria all stood up to question this on the floor. Tony de Guzman was answering all the questions almost mechanically and with great self-assurance. He was transparently showing his belief that the queries were really of no consequence; they were simply rituals to undergo.

Our idea, Gary said, was precisely because of the complexities of government, there is a great need to spread the loci of decision-making to a much wider group of people.

“Now, we have decision-making concentrated in one man. It would have been much more honest if we just made a Constitution for the duration of the martial law. He should have all these powers under the transitory provision.”

“I agree that there is need for a strong executive to hold the country together and lead it to paths of social progress, Gary,” I responded, “but it is also a fundamental principle in a democracy that all great decisions must be shared decisions.”

Gary is right. It would have been somewhat more justifiable if all of these provisions were put under the article on transitory provision—meaning, effective only during the state of emergency.

Aying Yñiguez had batted strongly for a parliamentary form of government but now he was saying he cannot defend it. “I will approve it, I will sign it, but I cannot defend it,” he admitted. “In fact, this is theoretically indefensible,” he added.

“Aying, why should a respectable guy like you, who is close to Marcos, not go to him and tell him: ‘Here in the transitory provision, we give you all the powers that you need. The rest of the Constitution shall, however, be rational with the great principle of checks and balances institutionalized.'”

He replied that this cannot be done anymore because there is really a cordon sanitaire around the President. Not even his father, Congressman Yñiguez, could penetrate this ring to see the President.

I asked him how the Americans look at this. He said that the Americans now approve of this—until such time as Marcos should blunder. He added that the government is really now embarking on a policy that would suit the needs of Americans.

Aying affirmed that the military is as strong as ever. He sensed, however, there is now a division in the ranks of the military between the old and the young. The old composing the leadership in the military, of course, fully support President Marcos. But this cannot be said of young military officers. And the President is aware of this.


Thursday, November 9, 1972

In the morning, Col. Moy Buhain (aide-de-camp to Speaker Villareal of the House of Representatives whom I had periodically served as economic adviser) dropped by to talk to me about the latest draft of the Steering Council. Obviously, he had already seen Speaker Villareal since our last talk. We were speculating on what will happen to the leaders of the country in the new political setup.

I told him that my understanding is that the President has a timetable to have the new Constitution approved by the middle of January so that Congress may no longer have to convene.

“What about Vice President Lopez? Right now he is in limbo. And what about (Senate President) Puyat? The other senators? And the speaker?”

“Theirs are problems as yet unresolved,” I replied. “Under the scenario under preparation, however, all of them would be members of the National Assembly. And there is a good chance, from my reckoning, that the President might want to have Speaker Villareal be the Speaker of the new Assembly,” I added.

Insofar as Lopez is concerned, it may be that after a while, the President would give up his post as president under the new Constitution. Already he has removed what few powers the president has left in our draft Constitution. Why did he have them transferred to the prime minister, as Atoy Barbero was telling me yesterday, so that all the powers are now vested in the prime minister? One possible answer is that he might then offer the presidency to Vice President Lopez, we conjectured. After all, under the Marcos Constitution, the president will now be elected by the Assembly and no longer directly by the Filipino people.

I went to the session hall in the afternoon. Some 40 delegates were scattered all over the session hall, chattering and flitting like birds lost in the wilderness.

No one seemed to know what was happening. The delegates were just whiling away their time. The reason? The Steering Council has decided that it was not ready to meet the 166-man body until Monday, four days from now.

Now, everything is the Steering Council! The Steering Council of 34 people decides everything while the rest of the 316 delegates are left guessing on what is happening, whiling away their time in speculations and small talks.

Greg Tingson, the famous evangelist, came to me, apparently bothered. He said, “Caesar, you and I profess Christian precepts. How shall we defend our actuations in this Convention?”

I was visibly troubled. Should we or should we not be in the provisional Assembly to be able to do what we could for the people at a time when we are needed most?

“It is apparent to me that this government has cast the die. There is no turning back. Should we not support it, abhorrent though it may be? Because if it fails, I foresee a revolution.” I was rationalizing; indeed, I was trying to convince myself.

“This is true,” Greg agreed readily. “For the sake of the country now, it should not fail.”

“But how can I join a dictatorial regime? I believe in human rights. I just cannot. I have pledged to fight all dictators in the world.” I was getting excited.

But if Marcos or Enrile should be out of power, Greg thought, the military would take over. We would then have a military government. Might not a transitional constitutional dictatorship be preferable to a military junta?

Between the devil and the deep blue sea? Is this now the situation of the country? Our fate is sealed?

The evil wrought on the country by the Steering Council is incalculable. However, be it said, its members are quite frank about what is happening; they keep on saying defensively that we cannot really express our own sentiments because the President wants this or that provision and that his will must be done.

It is quite true that, so far, some of the reforms of the President are laudable. I agree with Greg Tingson that these reforms may not have been done without martial law. But are these really worth the deprivation of our human rights? I do not think so.

It does not matter, of course, whether we want it or not. Martial law has been proclaimed and it looks like the state of emergency is here to stay.

My fundamental grievance against Marcos has to do with the violations of the human rights of dissenters and the creation of a climate of fear all over the land. Froilan Bacungan defended the action of the President last Sunday, telling me that if we can forget our personal interests and think only in terms of society and the country, then the deprivation of our freedom is well worth it.

In other words, instead of being bitter, Ninoy Aquino should just think of his incarceration as the sacrifice he is making for his country? And this should go for all others in the stockades, including ourselves, if we were arrested? Does this really make sense?

But the other problem that really bothers me is the fact that the President has practically staged a coup in the Convention. He has literally dictated some provisions of the new Constitution. This is indecent, immoral. And was it necessary? We have already given him—under duress—all that he wanted in terms of political power. Was it still necessary for him to impose his will on the other provisions? Unbelievable as it may seem, we now believe that it is, indeed, true that he has gone over the whole draft of the Constitution, provision by provision, and made corrections in them in his own handwriting.

Mene mene tekel upharsin. I can see the handwriting on the wall, similar to the one that appeared during Belshazzar’s feast.

I feel like crying, uttering a cry of anguish, like Othello, as he proposed to strangle his sweet wife: “But the pity of it, Iago. Oh, Iago, the pity of it!”

As some delegates were saying, it was indiscreet to have these notes of the President on the Constitution seen by several delegates. But did he even have to do it?

Even Lolo Baradi, a former ambassador and a loyal Marcos man, could not stomach what was happening.

“On All Saints’ Day, during the Cabinet meeting, the President made a slip on TV,” he told me. “He had asked Sec. Abad Santos, ‘what about the constitutional provisions on the judiciary? Are they already prepared?’ ‘Yes, sir,’ was the answer of the secretary. ‘We are preparing them.'”

The President was also reported by Lolo Baradi to have said: “I have some boys who are working with the Convention.”

Ikeng Corpuz has also seen the TV show and he and Lolo Baradi were laughing at these slips by the President. Obviously, Marcos did not realize that the TV was on when he uttered the incriminating remarks.

Moy Buhain had said this morning that he also saw this TV faux pas of the President. Or was this intentional? Come to think of it. Could it be that he had really wanted everyone to know that he was actively interfering in the writing of the Constitution? And thus intimidate every prospective oppositionist?

Ikeng Corpuz came to me and sat beside me. “You should now try to get your economic amendments in… I have read the provisions in the draft Constitution and I can not distinguish heads or tails in the article on the national economy,” he sighed.

Ikeng Corpuz is a good man but he really glosses over many things. He was obviously trying to compliment my understanding of the economic situation by supporting the provisions on economic policy that I have written. At the same time, he is also trying to impress me that he does understand their full import. But his actuations in the Convention have not been very consistent. Nevertheless, we have a certain attachment to each other.

Inggo Guevarra was in despair when he saw me. “There is nothing at all about industrial development in the new Constitution,” he wailed.

I had a dramatic meeting at the elevator with the delegate in real limbo—former Ambassador Eduardo Quintero, who had exposed Marcos’ payola in the Convention and had paid for his honesty by being framed by Marcos. Marcos had ordered dollar notes “planted” in his home. I’m sure history would proclaim him as one of the heroes of the Convention.

He saw me first and greeted me. He was with his daughter, who was obviously pleased to see me. I think they were happy over the fact that I had visited Quintero twice at the hospital.

About five army troopers were immediately behind Quintero, which suggested that Quintero is still under guard or some kind of house arrest. He looks somewhat stronger than the last time I saw him at the hospital. However, like Inggo Guevarra, he, too, may have arrived too late to vote. The voting had already closed sometime last week.

In the evening I attended the party given by Ting Jaime at the Club Filipino on behalf of the Philippine Chamber of Industries for Jess Tanchanco (our long-time Philippine Chamber of Industries first vice president) who has been appointed administrator of the National Grains Authority.

Several past presidents of the Philippine Chamber of Industries were there.

Don Fernando Sison, secretary of finance in the Macapagal administration, greeted me by saying that I looked pale and too thin last week at the meeting at the Hilton. (Ever since I heard that I would be arrested, my ulcerative colitis has worsened.)

In the course of our talk, we heard from Don Fernando that, perhaps, a general amnesty for political prisoners was forthcoming on the 15th of November. I thought that this would be a wise move on the part of Marcos. It would somehow heal the bitter division in the country caused by the incarceration of so many political prisoners.

Marianing del Rosario opined that many of Marcos’ reforms seem to be getting the support of the people. He does not like a dictatorship, Marianing said, but he might even support him in his drive for reforms. He thought Marcos would succeed with his “democratic revolution.”

“And if he fails?” I asked.

“If he fails, that is the end of all of us.”

Even Don Fernando said that if Marcos did well—and if he were to run for election later—he would support him.

Don Fernando mentioned that the President, during the Cabinet meeting, which was televised, had asked the Cabinet members whether the Constitution was already finished. He and Marianing were saying that the President did not hide anymore his interference with the framing of the Constitution.

“I take off my hat to the President,” Marianing said. “He is a brilliant man—for weal or for woe. During that Cabinet meeting, he showed such complete grasp of everything happening in the country. This was clearly shown in his discussion of the problems of each department.”

Don Fernando started telling me his inner thoughts.

He reminded me that at the meeting of PCI’s past presidents last week at the Hilton, the first advice that he gave was for us to adapt ourselves to the situation. Now he is especially advising me to take this stance.

“You have to survive.” He was very fatherly.

He added that this is a matter of survival for all of us, hence we have no choice except to adapt. “Bear in mind,” he said, “that martial law is here to stay with us for some time. I read the transitory provision and it shows clearly that martial law will be with us for many years.”

I suggested that this might turn out to be something like the situation in Spain.

“Yes, insofar as the duration is concerned. It will really take many years. Franco has been there since 1935 but with a very big difference. Franco is still a dedicated man and a poor man. He is a dictator but his major concern is the welfare of his people.”

He stressed that we must adapt and survive knowing that insofar as history is concerned, dictatorships do not really last forever.

“Where is Hitler now?” he asked rhetorically. “Where is Mussolini now? Or Genghis Khan?”

When I asked him how he would have voted on the transitory provision if he were a delegate, Don Fernando replied forthrightly that he would have voted “Yes.” He said he likes to think this is the kind of situation that President Laurel was in during the Japanese Occupation. It is a question of the fundamentals by which one lives, he said. He considers Laurel a hero, not a collaborator; many others were collaborators. He added that he had read the explanation of Pepe Calderon on why he voted “Yes” and it was very good.

He also informed us that many delegates in the Convention, from the time we were discussing the form of government we should adopt, were receiving ₱1,000 each per attendance to make sure that the provision on parliamentary form of government would win.

Really? I never knew this!

Don Fernando said there was so much publicity about people being dismissed from the government for malversing the calamity funds—but these are the small fry. Some people have been dismissed for malversing ₱10 million but the government has malversed nearly half a billion.

“How do you account for the funds? The President has not made any accounting. That is the reason why before martial law Senator Tolentino and others were asking that Malacañang make an accounting.”

“So you see,” he continued, “it is easy enough for the delegates to be paid. There are enough funds.”

He advised me to continue with my journal (this political diary) and have a copy entrusted to someone in case anything happens to me. He said this would not be useful now but it should be extremely useful in the future.