1973 CONSTITUTION DRAFTED UNDER DURESS

 By Ba Ipe

The 1973 Constitution, which replaced the colonial 1935 Constitution, served as blueprint of the Marcos dictatorial regime. Dictator Ferdinand Marcos oversaw its enactment and series of amendments to serve as the constitutional basis of his dictatorship. This was the primary basis why Marcos euphemistically called his dictatorship as “constitutional authoritarianism.” Without the 1973 Constitution, his dictatorship would not flourish for 13 years.

But the 1973 Constitution was made in a tense and difficult political situation. When the constitutional convention that was drafting it was about to finish its work, Marcos declared martial law ostensibly “to save the Republic” from the outlawed Communist Party of the the Philippines and its military arm, the New People’s Army. His basis was long questioned by scholars because the communist movement was not strong and communist guerillas were few holding outmoded guns.

When Marcos declared martial law on September 21, 1972, the convention did not meet. Hence, it failed to finish the draft of the 1973 Constitution. What took place between September 23 and November 28, 1972 could not be ascertained with finality. Until now, it has been the object of conjectures. On November 29, 1972, Macapagal met Marcos in Malacanang, where the former gave the latter the copy of the draft constitution that was never completed nor signed by the more than 300 members of the convention. It could be said that the draft constitution which Diosdado Macapagal presented to Marcos was made under questionable circumstance.

Until now, it is not clear how the Convention completed its works. Its official records were reported to have been transferred and stored in the old building of the state-owned National Shipyards and Steel Corporation (NASSCO), which was later absorbed by the National Development Company (NDC), in the Manila district of Sta. Mesa. A fire of suspicious origin and circumstances gutted the building and the Convention records. Arturo Pacificador, who was identified as the man who had Evelio Javier killed in 1986, was the Marcos functionary who handled the official records and their transfer to the old NDC building that was gutted by fired.

But what was notable in the draft constitution, which Macapagal submitted to Marcos, was the presence, or presumably insertions, of what could be regarded as objectionable provisions. It could be said the 1973 Constitution was a charter completed under duress. Pimentel said certain provisions could have been inserted by Macapagal himself. In what could be regarded as an act of opportunism, Macapagal urged a number of delegates to sign the draft constitution to generate an overwhelming majority before he submitted it to Marcos. Pimentel said in his book that no less than Delegate Manuel Concordia admitted to him he got paid P20,000 “to invent” the minutes of the meeting to reflect the objectionable provisions.

Students of constitutional law complained it was difficult to study the 1935 Constitution because its minutes were largely in Spanish. The deliberations were in Spanish because English was not yet the official language of the legal system. During those days, Filipino political leaders were very proficient in Spanish, learning the language from the previous colonial power that ruled us. Translating those deliberations into English was not easy.

But students complained the 1973 Constitution did not have official records. It did not have minutes. Hence, they could not see the evolution of Philippine jurisprudence from the American colonial rule into the Marcos dictatorship. The wide gap is a difficulty to many students of law. Shall we blame Marcos and Macapagal for conspiring against the Filipino people. Yes, but it should be said that Marcos was the wily tactician, who had Macapagal at the palm of his hand. Macapagal was so naive to fall into Marcos’s trap and machinations. Please surmise...

'IN THE HEAT OF COMPETITION’

By Ba Ipe

This is the operative phrase in the world of sports. Players of opposing sports team could exchange hard words in the course of the game. Or they could push, elbow, and bodily position themselves to gain advantage. Or they could trade punches, kicks, and scuffles in some extreme cases. But in most instances, everything is forgiven and forgotten after the game. This is all in the spirit of sportsmanship.

An untoward incident happens in a game because it is “in the heat of competition,”sportsmen argue. When competition heightens, an intense interplay of emotions follows. There is an temporary insanity on either team. Hence, verbal and physical conflicts happen Athletes, who have the desirable level of emotional intelligence (EQ), would argue that it is just a game, which does not deserve the loss of civility, rationality, and sense of equanimity.

Athletes, especially the professional ones, normally discipline themselves and believe that physical contacts are just part of the game. They are trained to forgive and forget after the game, leaving all those feelings of animosity in the playing field. That is why opposing players, after the game, exchange handshakes in the spirit of sportsmanship.

But there are exceptions. Jose Offerman, who played for the Los Angeles Dodgers in the Major Baseball League (MLB) during his prime, faced a lawsuit. Playing in an independent baseballs league, Offerman experienced an emotional blackout when he attacked the pitcher and the catcher of the opposing team with his bat, hurting them.

Using a bat in an altercation is a big no-no among baseball players. They usually leave their bats and confront the players in the other team. They are disciplined to engage in a fight using their fists. Absolutely no bats. They are trained to guarantee a fair fight.

Offerman is now defending himself from the lawsuits. I am not sure what happened but the issue has been brought for court litigation, as the opposing players, who were struck by his bat when he went into a rampage, suffered head contusions and broken arms and loss of income as a result of the disability.

Will Jon Amores of Jose Rizal University suffer lawsuit as a result of his one-man amok against the opposing players of the College of Saint Benilde? Athletes are trained to think that many things happen in the heat of competition. Thery abhor court litigation because it is a messy process. Most likely, the opposing teams and school authorities will just talk it over. A suspension or fine will do. But Armas will have to mend his ways. School authorities will make sure that he would be aptly punished and he won't repeat the same mistake .

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