QUEZON CITY (MindaNews / 03 December) — Let me begin with a clear principle. I oppose any military junta, any civilian power grab, and any unconstitutional attempt to change our political system. The Philippines must never return to authoritarian shortcuts or extralegal transitions. The only acceptable path is a constitutional, civilian-led, democratic, and participatory process.
This is especially true for Mindanao, a region that has spent decades struggling against martial rule, militarization, and exclusion from national decision-making. Mindanao knows better than any other part of the country the dangers of unconstitutional power shifts and the long-term wounds they leave behind.
It is precisely because of this commitment to democracy, and to the protection of Mindanao’s hard-earned peace and autonomy gains, that I argue for a People’s Transition Council created strictly through constitutional amendment. The transition I propose is not a coup or a seizure of power. It is an orderly and lawful response to a crisis that our existing political institutions are no longer capable of resolving.
The country is entering a political moment that no one wished for but everyone anticipated. A historic corruption scandal has exposed deep structural decay in Philippine governance. As investigations unfold, the nation is slowly arriving at an unavoidable conclusion. Business as usual cannot continue. The normal rhythm of politics, including the 2028 presidential election, offers no realistic path forward. Only a constitutional, time-bound, people-centered transition can restore legitimacy and rebuild the Republic.
A People’s Transition Council, created through constitutional amendment and tasked with guiding a one-year shift to a reformed political order, is emerging as the most viable alternative. Above all, such a council offers Mindanao something it has never had: meaningful structural representation in shaping national reforms.
Crisis demands reform
This argument rests on five premises that lead to a single conclusion. The current political order cannot survive this scandal without systemic transformation.
The first premise is that evidence is likely to show that President Ferdinand Marcos Jr. was either the mastermind of the massive corruption scheme or allowed it to flourish in complicity with congressional leaders such as Senate President Chiz Escudero and House Speaker Martin Romualdez. Whether he directed the system or tolerated it for political advantage, the result is the same. A president who presided over such a scheme cannot credibly lead the reforms needed to dismantle it.
The second premise is that the investigations are on track to produce an unsatisfactory conclusion. All signs point to Zaldy Co and a handful of mid-level operators being presented as scapegoats. Filipinos have seen this pattern far too often. Sacrificing small actors while shielding the real architects would be another national humiliation.
The third premise is that criminal prosecution will not succeed. Even if cases are filed, they will take decades to resolve. Procedural delays, motions, appeals, and political interference will drag out proceedings until any decision becomes irrelevant.
The fourth premise is that the Duterte family will also be implicated. The Marcos and Duterte factions are politically and financially intertwined. When one falls, the other will be drawn into the scandal.
The fifth premise is decisive. Business as usual is no longer acceptable. The country cannot march toward a 2028 election that Sara Duterte is positioned to win through machinery, patronage, and fear. Such an outcome would entrench dynasties, protect those responsible for corruption, and plunge the country deeper into impunity.
Given these premises, the demand for both Marcos and Sara Duterte to resign will grow. Public outrage will converge with institutional paralysis, forcing the country toward transition. It may even be Marcos himself who calls for radical change to preserve what remains of his legacy.
If both Marcos and Duterte leave office through resignation or impeachment, Senate President Tito Sotto becomes acting president under the constitutional line of succession. Yet the Constitution gives an acting president only two months before elections must be called. Two months is far too short to enact the reforms required to prevent the old system from reasserting itself.
The Democratic Path
A constitutional amendment is therefore necessary. This amendment would extend the transition to six months and establish a People’s Transition Council to assist the acting president in designing and implementing reforms. The council would be a non-executive advisory and oversight body representing regions, sectors, and independent experts. It would ensure that the transition is guided by broad public participation rather than by Manila-based political clans or oligarchic interests.
The transition must culminate in a constitutional convention mandated to finish its work in six months. Delegates must be elected under rules that prohibit political dynasties up to the fourth degree of consanguinity and affinity. This would finally break the stranglehold of political families on constitutional reform. Experts should be appointed to strengthen technical capacity. Once the convention’s proposals are ratified, national elections would take place within three months. The entire process would last one year.
This transition only matters if it enables structural reforms that have been blocked for decades.
The first pillar is a strong Anti-Dynasty Law. Only one family member should be allowed to serve in government at any time. There must be no succession allowed, immediate and up to three terms. The prohibition must apply to elected and appointed positions at the national and local levels, including independent commissions, government owned and controlled corporations, the judiciary, regulatory agencies, and the diplomatic service. It must cover relatives up to the fourth degree of consanguinity and affinity. Succession must be prohibited, and a National Anti-Dynasty Commission must enforce these provisions.
The second pillar is party list reform. Only genuine representatives of marginalized and underrepresented communities should qualify. These include workers, peasants, fisherfolk, indigenous peoples, persons with disabilities, and similar sectors. Political clans, business fronts, and fake NGOs must be barred. The three-seat cap must be lifted so representation can be proportional.
The third pillar is transparency and conflict of interest reform. Officials must disclose beneficial ownership of corporations, offshore holdings, trusts, and assets held by relatives up to the fourth degree. Blind trusts must be required for significant holdings. All government contracts must be published online in real time. A lifetime ban must prevent officials and their immediate families from profiting from state contracts issued during their term.
The fourth pillar is the prohibition of corporate and oligarchic control of political parties. Parties must be publicly funded and barred from accepting corporate or large private donations. Internal processes must be democratic and transparent.
The transition also allows reconsideration of the structure of government. A unicameral parliamentary system deserves serious study. It reduces redundancy, minimizes pork-driven politics, strengthens accountability, and gives regions like Mindanao more proportional representation and influence.
Finally, the Bill of Rights must be expanded to include collective rights. These include the rights of indigenous peoples to territory and cultural integrity, the rights of marginalized communities to meaningful participation, and the rights of regions to equitable development.
This seems so challenging but believe me this is more doable and faster than criminal prosecution of corrupt officials and more preferable than a Sara Duterte presidency which is likely with business as usual.
Mindanao’s opportunity
Mindanao has always been structurally underrepresented in national governance. Whether during martial law, during Manila-dominated administrations, or during periods of national crisis, Mindanao’s voice has been marginalized. Even the Bangsamoro region, despite its autonomy, remains vulnerable to national decisions that often fail to account for Mindanao’s realities.
A People’s Transition Council offers Mindanao an unprecedented opportunity to shape national reforms from the very beginning. It guarantees representation for the Bangsamoro, the Lumad, the settler communities, and historically neglected areas such as Caraga, Soccsksargen, Northern Mindanao, and the Zamboanga Peninsula. It ensures that anti-dynasty measures, electoral reforms, institutional redesign, and development priorities are crafted with Mindanao’s experiences and interests in mind.
Mindanao has long endured the consequences of state neglect, conflict, inequitable development, and political marginalization. A constitutional transition with a People’s Transition Council gives the region the chance to participate fully and equally in defining the future of the nation.
A constitutional transition is not a retreat from democracy. It is democracy choosing renewal instead of collapse. For Mindanao, it is a long overdue opportunity to help shape a Republic that has too often marginalized it but can now finally recognize it as an equal partner in building our common future.
[MindaViews is the opinion section of MindaNews. Dean Antonio Gabriel La Viña is Associate Director of Manila Observatory where he heads the Klima Center. He is also a professor of law, philosophy, politics and governance in several universities. He has been a human rights lawyer for 35 years and a member of the Free Legal Assistance Group. He is currently the managing partner of La Viña Zarate and Associates, a development and social change progressive law firm that provides legal assistance to the youth student sector, Lumad and other Indigenous Peoples, desaparecidos and their families, political detainees, communities affected by climate and environmental justice, etc.
Dean Tony is a member of the Permanent Court of Arbitration in The Hague and Chair of the Jurisprudence and Legal Philosophy Department of the Philippine Judicial Academy. He is founding president of the Movement Against Disinformation and the founding chairs of the Mindanao Climate Justice Resource Facility and the Mindanao Center for Scholarships, Sports, and Spirituality (MCS³).]