Duterte could go beyond the 1987 Charter to protect Filipinos: SolGen    

January 19, 2017

President Rodrigo Duterte could go beyond what the 1987 Constitution provides to protect the Filipinos, the government’s top lawyer said on Thursday.

In a press briefing in Malacanang, Solicitor General Jose Calida defended Duterte's recent pronouncements on the possibility of declaring martial law and what he would do if Congress and the Supreme Court would take a different stance on his decision to place the country under martial law.

"If it is necessary, the fate of our country hangs on the balance and nobody moves, under the Constitution, the President is the one who executes the law," Calida said.

In a speech in Nueva Ecija, while he mentioned this is not the time to declare martial law, Duterte said if there would come a time Congress and the High Court would take a different stance on his declaration of martial law, his decision would prevail.

Under the Constitution, the Supreme Court has the sole power to interpret the laws of the land.

Calida agreed it is the High Tribunal, which is the final arbiter and interpreter of the law.

Asked if Duterte could go beyond what is written in the 1987 Constitution, he said, "just like what (former) Cory (Corazon Aquino) did. They did what is outside the Constitution when they toppled (former president Ferdinand) Marcos."

Marcos was ousted through a bloodless revolution in February 1986. Aquino was catapulted to power.

"There is a saying and motto that 'Salus Populi Est Suprema Lex' --- 'The welfare of the people is the supreme law.' In fact, during the 1986 EDSA Revolution, if you notice, there was no martial law declared but there was a change in government. It was an extra-Constitutional movement that changed the government," Calida said. Celerina Monte DMS