EXPLANATORY NOTES
QUESTION: Does the suspension of the Writ of Habeas Corpus or Martial Law suspend the right in Section 17 which provides that no person shall be held to answer for a criminal offense without due process of law?
ANSWER: The reply is in the negative. The suspension of the Writ of Habeas Corpus suspends the right of the courts to have the accused person brought to the court, but it does not give to the police or the Government the right to sentence one suspected of a crime in a summary manner without due process of law.
The imposition of Martial Law likewise does not abrogate any of the rights of an individual under the Constitution. It simply gives jurisdiction to a military court to decide juridical cases with due process of law although in a speedier manner, replacing the civil courts should they be unable to function due to or because of insurrection, rebellion or war.
The provision of Article 16 of the Bill of Rights has become worthless by the fact that up to now, the Supreme Court has many criminal cases where the death penalty has been imposed on the accused, awaiting decision for
more than eight years. To make this provision effective, and to really apply in our jurisdiction the dictum that ājustice delayed is justice denied,ā we propose the amendments contained in Section 16 of Article 1.
Article 2. The state shall promote the democratization of wealth, of power, and of man.
The democratization of wealth shall be attained in a system of ownership by practically all families of income producing assets, made possible by promoting peopleās savings with grants-in-aid and liberal credit policies.
The democratization of power shall be attained in a political system, based on participatory democracy, composed of five states under a federal government, applying the principles of subsidiarity, intermediate bodies and collective leadership.
The democratization of man himself shall be attained in a compassionate society based on Bayanikasan human values.
EXPLANATORY NOTES
QUESTION: Which should come first, the democratization of man himself, or of power, or of wealth?
ANSWER: The democratization of one of the above sectors will help in the democratization of the other two sectors. The vision proposed in this draft for a better tomorrow for our people will require State policies to implement the three democratizations simultaneously.
QUESTION: What organs will promote the three democratizations?
ANSWER: This Constitution enunciates policies to promote the three democratizations. This very Article tries to condense in one provision the major thrust to bring about the three democratizations. Needless to say, some of the provisions of the Constitution are not self-implementing and they require an action by the legislative or executive power, either of the Federal Government or of the states.
QUESTION: Do you mean to attain capitalism for all people, or say for 90% of them? Isnāt that Utopian?
ANSWER: There was a time when society, and even great philosophers considered slavery as a natural institution that could not be eradicated. In the enlightened society of today, no country defends slavery anymore, although servitude exists in many countries because of defective policies in institutions that perpetuate misery and poverty.
We can see that Communism, which is nothing else but State Capitalism, is gaining ground throughout the world. The only bulwark against State Capitalism is a system that is exactly opposite to it, and that is capitalism for all individuals, and by ideally that is meant 90% of the people. (To be continued)/PN
