THE PROPOSED DUTERTE REVOLUTIONARY GOVERNMENT IS UNCONSTITUTIONAL

By Bayawanon

Inclusio unius est exclusio alterius says a latin legal maxim, this saying means in English that "what is included is deemed excluded', this legal saying is well entrenched and well respected in the world of STATUTORY CONSTRUCTION.

The 1987 Philippine Constitution does not have any provision which provides for a revolutionary government, so why does the president insist on this matter when the constitution does not provide for it? Clearly, if the constitution does not talk about this REVOLUTIONARY GOVERNMENT, it must follow that it is unconstitutional for INCLUSIO UNIUS EST EXCLUSIO ALTERIUS, " what is not included is deemed excluded".

There were, however, two instances in Philippine History that there were Philippine Revolutionary Governments namely: 1.) The Aguinaldo Regime (1898-1901) and 2.) The Corazon Aquino Regime (1986-1992). These governments existed only after a successful revolution happened against the preceding governments it followed.

In the case of the Philippine Revolutionary Government under the Aguinaldo presidency, the same was historically, properly installed after the revolutionaries with the help of the Americans outlasted the once dreaded Spanish conquistadores.

The Philippine Revolutionary Government under the stewardship of President Corazon Aquino was successfully, properly installed to power after a bloodless people power revolution against the despotic leadership of the former strongman Ferdinand Marcos, who fathered the ill-fated Martial Law.

In the case of the present national leadership, the Duterte government, it was properly installed by the people by way of the 2016 Presidential elections where the current president was elected by the Filipino people, hence the present regime cannot make use of the revolutionary government to operate in the islands because the same did not come into being via a revolution

Because of the foregoing arguments, the proposed revolutionary government suggested by no less than the Honorable President Rodrigo Roa Duterte is not in line with the constitution and is even repugnant to the history of our storied country, the Philippines, and must be downplayed by the people as NOTHING BUT A FORM OF RUMOR MONGERING.OR WORST FEAR MONGERING.

In conjunction to this, I hope that the president should stop making any statements that would spread fear to the people such as this, for his bounden duty is to protect and serve the populace of his country and not to destabilize the same nor spread fear against its people.