8/17/2020 Mercury Reader

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Martial Law Museum

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Beginnings of Martial Law

Martial law refers to the replacement of civil rule by military rule. This may be
characterized by curfews, the dispensation of military tribunal rulings on
civilians, and the suspension of the privilege of the writ of habeas corpus. The
writ of habeas corpus, which in Latin refers to “having the body”, is a citizen’s
protection against unlawful imprisonment. This is suspended in times of crisis to
expedite justice.

In the Philippine Constitution, the President may exercise his role as

Commander-in-Chief of all Philippine armed forces and act accordingly to
protect the safety of the Filipino people. In cases of lawless violence, invasion,
and rebellion, he may suspend the privilege of the writ of habeas corpus or
declare martial law in any part of the nation. To declare martial law is thus a legal
course of action the Chief Executive may take. Such a power is granted unto the
President for cases where it becomes truly necessary, when the people’s lives are
being threatened and these powers facilitate the process of securing their safety.

However, given the immense power that martial law can give the President, the
Constitution ensures the implementation of appropriate checks and balances.
Power is normally spread across various institutions so that functions can be
discharged efficiently and authority is not concentrated in a single entity. In the
wrong hands, the declaration of martial law and the suspension of the writ of
habeas corpus open up the real possibility of the abuse of civil rights. The balance
of power is thus only disrupted under the gravest of circumstances, only as a last
resort.
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The legislative and judicial branches of government play a central role in

protecting against such abuses. By limiting the terms under which martial law
may be called for, implemented, and extended, they are mandated to prevent the
President from using his powers for anything other than the good of the Filipino
people.

In today’s 1987 Constitution, established years after Martial Law was lifted, a
President is bound by the following provisions in declaring Martial Law.

As Commander-in-Chief, he may call out the armed forces of the Philippines in

cases of lawless violence, invasion, and rebellion. In case of invasion and
rebellion, martial law may be declared in the country or a part of it, and the writ
of habeas corpus may be suspended.

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Both martial law and the suspension of the writ of habeas corpus may not exceed
a period of sixty days. The writ suspension is not automatic under martial law.
Moreover, the suspension only applies to those specifically charged with
rebellion or invasion, and even with the suspension, the person arrested must be
judicially charged within three days or else released.

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Within forty-eight hours of the declaration, the President must submit a report
to Congress. Congress must then vote jointly and decide by majority vote of all
its members whether or not to revoke the President’s decision.

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Upon the President’s initiative, Congress may also similarly extend the period of
60 days when necessary. The period of extension is determined by Congress.

Subject to filing by a citizen, the Supreme Court is also mandated to review

whether there is sufficient factual basis to declare martial law. Within 30 days of
filing, a decision must be promulgated.

All these measures ensure that the immense power of martial law cannot be
abused by the President. With all these checks and balances, martial law can only
be declared when there is sufficient factual basis to declare it, as competently
reviewed by the Supreme Court. Moreover, additional specifics are laid out to
protect citizens from abuse under the suspension of the writ of habeas corpus.
Many of these additions reflect lessons directly learned from the period of
Martial Law under Marcos.

References

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