by: Atty. Gregorio B. Austral, CPA
The Right Against Unreasonable Search and Seizure: A Search for the Proper Basis of Protection in the Absence of a Constitution
(Part I)
AUTHOR’S NOTE:
I am sharing to you a paper which I have written in my masteral degree subject in International Law and Policy at the San Sebastian College Recoletos-Manila Graduate School of Law. Due to space and layout limitations, the references are omitted. Complete citations are available in the original text of the paper.
I. INTRODUCTION
The dark years of the Marcos dictatorship in the Philippines ended peacefully in what is known today as EDSA Revolution. Hundreds of thousands of people gathered at the Epifanio de los Santos Avenue (EDSA), Metro Manila’s main thoroughfare, from February 22 to 25, 1986.
The revolution brought to power then President Corazon C. Aquino and Vice President Salvador H. Laurel who earlier won in the NAMFREL count in the snap election, but due to massive poll fraud and rampant cheating, the Batasang Pambansa proclaimed Marcos as the winner instead of Aquino and Laurel.
The people power movement climaxed in what could have been a situation for the Philippines having two presidents since on February 25, 1986, Aquino and Laurel took their oaths in Club Filipino as President and Vice President, respectively. Meanwhile, Marcos was inaugurated in the Ceremonial Hall of the Malacañan Palace and delivered his inaugural address in Maharlika Hall (now Kalayaan Hall) on that same day. However, Marcos was forced to depart with his family a few hours later for exile in Hawaii, because his administration was rocked by key military and political defections and the overwhelming popular support for Aquino, effectively ending Marcos’ two-decade-long dictatorial rule.
Aquino then established a revolutionary government to reinstate democracy that was halted by the former dictator when he declared Martial Law with the signing of the “Freedom Constitution” promulgated under Proclamation No. 3, series of 1986. Officially known as the Provisional Constitution of the Republic of the Philippines, this Constitution was promulgated on March 25, 1986 and consisted of seven (7) articles.
The Provisional Constitution justified the existence of Aquino’s revolutionary government as the direct mandate of the people manifested by their extraordinary action demanding the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire government system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to the government under a New Constitution in the shortest time possible.
II. THE INTERREGNUM
President Aquino rose to the presidency, not due to constitutional process; in fact, it was achieved in violation of the provisions of the 1973 Constitution as a Batasang Pambansa resolution had earlier declared Mr. Marcos as the winner in the 1986 presidential election.
The organization of Mrs. Aquino’s government which was met by little resistance, and her control of the state evidenced by the appointment of the Cabinet and other key officers of the administration, the departure of the Marcos Cabinet officials, revamp of the Judiciary and the Military signaled the point where the legal system then in effect had ceased to be obeyed by the Filipino. From this point in history which occurred sometime in February 1986 up to the day prior to the promulgation of the Freedom Constitution on March 25, 1986, the government in power was a revolutionary government bound by no constitution. There was no Bill of Rights during this period, and no one could validly question the orders of the government. This is what we call the interregnum in Philippine constitutional history. (to be continued)