Skip to main content

Martial Law Under the 1987 Constitution of the Philippines

September 21 paints a grim picture, especially for what's often called the martial law victims. I remember panicking back when I was 11 years old. It was possible that the late Fidel V. Ramos may declare martial law at any time. However, researching the 1987 Constitution of the Philippines can help. It can help Filipinos determine what needs to be revised to fit the current times. 

Article VII Section 18 says the following about martial law:

SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Basically, martial law under the current constitution is still permissible when there's a need for it. The problem with the Marcos Years wasn't the declaration of martial law. Instead, it was the misuse of martial law. Misuse of something necessary doesn't call for its disuse. It's like if a doctor or a police officer doesn't do their job--healthcare and law enforcement aren't abolished. Instead, it would mean removing said person and checking out if there are any systemic problems. That is finding out if something is wrong with the whole organization instead of just parts of it. 

Labels:

Popular posts from this blog

What's the Use of Complaining About Celebrities and Political Dynasties Running for Politics While DEFENDING Presidential and Rejecting Parliamentary?

2025 is just around the corner for the midterm elections . People keep emphasizing the need to "defend the 1987 Constitution of the Philippines" for any amendments whatsoever. If that were true then we really need to remove Article XVII entirely if the 1987 Constitution of the Philippines was meant to be set in stone (read here ). Several camps whether it's PDP-Laban supporters, Liberal Party of the Philippines supporters, Uniteam supporters, etc.--I can expect social media mudslinging at its finest . I keep talking about the need to amend or even replace the 1987 Constitution of the Philippines. However, they keep acting like it's the best constitution in the world, they cite Atty. Hilario G. Davide Jr. (and others like the Monsods) to idolatrous levels , and when I talk about the parliamentary system--I can expect the whole, "Boohoo! It will never work because we already tried it under Marcos! The proof was Cesar Virata!" However, I wrote a refute on that ...
Read more

The EDSA Revolution of 1986 Would've Never Happened if People were Stuck in Nostalgia

  It's something that I read crybaby comments online where people are saying, "Making EDSA a special working day is making us forget the glory of EDSA." Please, let me remind people that even 10 years later , neither the late Lee Kuan Yew's birthday nor his death anniversary has become a national holiday in Singapore! Singapore simply honored LKY's birthday by working on that day. I was laughing at the toxic Facebook page called We Are Millennials. What truly made me think that these people are stuck in nostalgia is that EDSA 1986 would never have been possible if the Filipinos were stuck in nostalgia . I remember talks about how the first Marcos administration was built on these two pillars. The first pillar was information control . The other pillar was toxic positivity. I remember back in 1995 when the social studies teacher talked about how he thought that Ferdinand E. Marcos Sr. was a "good president" due to the long holidays. However, the holidays ...
Read more

No to Cha Cha Because of EDSA?

Back when I was in elementary, we were told that EDSA 1986 was a good thing. I don't want to deny the well-documented human rights abuses of the first Marcos Administration . The repeated call to amend or reform the constitution has unfortunately been demonized as if it's always a bad thing. I guess that's a result of people with poor reading (and listening) comprehension for so long . If only people started to read in-between the details of Philippine history, if only people read through the book From Third World to First and not just quote the late Lee Kuan Yew about the Marcoses, they'll see that using EDSA to demonize charter change is really a bad move. Startling facts during the Marcos Years that may have been ignored by anti-charter change proponents What happened during EDSA was practically a revolutionary government . Above is a video of the late Benigno Simeon A. Aquino Jr. aka Ninoy. I confess that I do tend to admire Ninoy, especially with his Los Angeles sp...
Read more

[OPINION] Why Do Some Filipino Boomers Insist that the Marcos Years Were Under a "Parliamentary System"

  This is a screenshot I got on Facebook. The Tweet is courtesy of Raissa Espinosa-Robles, who I hear is a marites or a gossiper. I'm not denying that there are some truths in what she said. It's true that the Marcos Years have their well-documented human rights abuses. However, Mrs. Robles still continues to insist in the myth of a parliamentary system under Ferdinand E. Marcos Sr.'s regime. It's not just Mrs. Robles but also some Filipino boomers who keep saying, "Are you crazy? We had a parliamentary system under Marcos."  I could show them some evidence like Marcos' severe lack of legitimacy to disprove the parliamentary systme. I even wrote about the snap elections because Marcos was a president with powers (read here ). Under a parliamentary system, the president is purely ceremonial. The president is just a door opener and credentials receiver! Benigno Simeon A. Aquino Jr. and Salvador "Doy" Laurel both challenged the legitimacy of Marcos...
Read more

Hip Old Man Dances to Aborigine Dance "High Green Mountain"

Here's a video of an old man dancing to the Taiwanese folk song "High Green Mountain". This is one of my favorite versions. The song ends with an aboriginal chant--something that sounds like an Ifugao beat from Nueva Ecija. 
Read more