Apr. 2, 1973

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…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


Jan. 27, 1973 Saturday 11:50 pm (on board the 777 to sleep here for an early start at 7:30 am tomorrow with Dr. and Mrs. Sharon for Talaga)

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…Chief Justice Concepcion is sick in the hospital and may not be able to attend the dinner on Monday.

It is apparent that the other justices are in favor of dismissing the petition questioning the validity of the ratification of the New Constitution.

But they want to be assured of their continuance in office under the new constitution with new appointments…

But everybody else has accepted the new constitution and as we put it in the dinner conference we held tonight, how do the justices expect us to “unscramble the eggs already scrambled”?

We have to handle them with finesse as the Supreme Court might become the rallying point of the opponents of reform.


Jan. 24, 1973 Wednesday 12:15 pm

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Had as usual only 6 hours sleep and seem to be tense because of the possible constitutional crisis that may come out of an adverse Supreme Court decision on the petition against the ratification of the new constitution.

So I worked up to 12:00 am on the presentation of the problems we are facing and the absolute necessity of referring the matter to the citizens assemblies as well as the possible approaches and solutions.

Then worked on the orders implementing the New Constitution.

As I tentatively meet the members of the Supreme Court on Saturday or Monday evening. The Chief Justice called up Sol. Gen. Estelito Mendoza Monday morning Jan. 22nd, to tell him that the court was at the disposal of the President for dinner…


October 11, 1972

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12:00 PM

Oct. 11, 1972

Wednesday

Malacañan Palace

Manila

The Cotobato (North) leaders, Moslem Tururays and Christian alike, have pledged to keep the peace and support me in the proclamation of martial law and the reformation.

But since fighting has broken out in the Magsanoy, Ampatuan, Pikit area I have called them to Manila — (all the provincial and municipal officials). I personally asked Cong. Salipada Pendatun to come over the telephone when I told talked to him after my opening appeal wherein I told the leaders that Mindanao is Moslem land and we, the Christians, are there because of their tolerance and their invitation; that the Christians should therefore help their brother Moslems and other minorities who are less prepared for an exacting modern world; that the policies I have established favor the Moslem areas; most of the money we have borrowed from abroad go to Mindanao, the seaports and airports being developed are in Mindanao; the “Investments below the typhoon belt policy” means investments will pour in for Mindanao and Sulu, and the oil exploration program will favor Mindanao and Sulu, the number of schools being constructed now in these islands are double that of the Luzon and Visayas areas.

So I concluded “I am ready to wipe out all past records and start out with the slate

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Oct. 11th (Con’t)

Malacañan Palace

Manila

clean provided that there will be no repetition of the past offenses.” And pointed out to how I had personally gone to Buldon to stop the Armed Forces of the Philippines from decimating that Moslem town under Mayor Aratuc (his son Tonatic had been sent by the father who was taken ill campaigning for the people’s support of martial law) with artillery fire notwithstanding the seven casualties suffered by the government troops.

We ended up with Cong. Salipada Pendatun reiterating support for my program and agreeing to head a mission to contact Ex-Gov. Udtog Matalam whose MIM forces have started the fighting to come to see me in Manila. But we have to stop the operations of the AFP against his band in the meantime.

And Datu Akilan Ampatuan will contact the two Sanki brohers, Abdullah and Balacat and son A   to also come and see me. So too with the old man Datu Kadanding who have apparently joined Datu Udtog Matalam.

The Disumimba band which threatens Dinaig is composed of outlaws and will have to be destroyed.

3

Oct. 11th (Con’t)

Malacañan Palace

Manila

Met Congs. Armi Gustilo of Negros and Eduardo Cojuangco of Tarlac. They report 105 armed men have gone up the mountains in Negros and their transit point to Panay where they have contact with some other subversives is through Guimaras through a certain Jayme.

We will mount a special intelligence and search and destroy operations.

They also showed a telegram of Sugar Administrator Jose Unson for all sugar people on planters and millers to pass their sugar through the Producers Cooperative controlled by Ex Sec. Alfredo Montelibano by a voting trust agreement who is apparently trying to corner the sugar market.

I have called all planters and millers next Wednesday at 10:30 AM so I can organize a government sugar commission to handle exports and domestic sales.

I met with Justice Fred Ruiz Castro. He has told the Chief Justice of my request that there be no direct confrontation between me and the Supreme Court. Justice Castro called attention to the fact that in all the cases they have studied, the U.S. Supreme Court decided the cases after martial law was over. I believe they will do this.

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Oct. 11th (Con’t)

Malacañan Palace

Manila

I have asked the Justices to help in preparing a list of CFI and CAR judges whose resignations should be accepted.

And reforms in the judiciary –or for that matter the whole society.

But I believe we still should look into how the Lopez interests (Meralco) have been paying the children and relatives of the justices.

And the payrolls are in the Meralco offices  of the comptroller, the treasurer and personal secretaries of Mr. Eugenio Lopez.

The last article of Richard Critchfeld in the Washington Star is most laudatory: It is about the book (my book) calling it the best analysis of why I imposed martial law “It is a brilliantly-reasoned manifesto calling for a government-led 1. non-violent revolution to fundamentally remake Philippine society xxx The book provides the political theory and the blue-print of what Marcos is doing now xxx”

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Oct. 11th (Con’t)

Malacañan Palace

Manila

“It is perhaps one of the most extraordinary theoretical documents ever produced by a contemporary non-communist head of state.”

xxx

“Marcos book, taken together with all he has been saying and doing since he declared martial law, puts the present crisis into an altogether different perspective. Far from being a short-term emergency or a routine power play, it is a far greater and more dangerous enterprise.”

“Marcos is pitting himself, the Army, the technocrats and other modernizing forces against the entrenched oligarchy, the communists, the radical left and the Philippine criminal underworld in a prolonged struggle to decide whether this country can afford to remain an open society.”


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!