I vehemently reject the unconstitutional theory of Duterte's lawyer, Panelo, that to "save" the county from "destabilization", Duterte is empowered by the Constitution to declare a "revolutionary government", if necessary.
I challenge Panelo to point to me the express or implied provisions of the Constitution, if any, that support his self-serving theory.
The Constitution is specific as to the conditions and limitations of the
* "call out" power,
* "martial law" powers,
* "suspension of the privilege of the writ of habeas corpus" power,
* "war" powers, and
* "administrative" powers
of the Executive. (Art. VII, Constitution ).
Duterte, as the "Executive" and "Head of State", is merely a "salaried/paid public servant" of the sovereign Filipino people.
He is not "The Sovereign".
He is not a King/Monarch who "owns" the Philippines as a kingdom.
"Sovereignty" and "all governmental authority" reside in the Filipino people.
This is a basic constitutional doctrine.
It is expressly stated in the Constitution as a solemn state policy. (Art. II, Constitution ).
When a tyrant openly embraces and promotes "dictatorship (revolutionary government)" as a platform of governance, the sovereign people have the constitutional, inherent, natural and divine right to remove and eliminate such an enemy of the democratic republic.
When the Executive/Head of State intentionally breaches his "social contract" with his sovereign constituents to defend the Constitution, to enforce the laws of the land and to preserve Democracy, he is deemed to have moto proprio "disqualified himself" from his public office.
When the Head of State ceases to be the "center of unity" and has consciously morphed into the "center of national polarization and destruction", he ipso facto loses the constitutional authority to govern.
The sovereign people may forthwith oust from power such a tyrant as a matter of constitutional, natural, inherent and divine right in order to preserve the unity and integrity of the state and the "general welfare" of the sovereign people.
- Atty. Manuel Laserna Jr.