Martial Law and its Benefits to the Philippines: Yea or Nay?

Ma. Katrina C. Sapida

St. Paul University Dumaguete

English for Academic and Professional Purposes

12 – Our Lady of Miraculous Medal

Mr. Sami Gregg Managbanag

October 19, 2021

Topic Outline:

I. Introduction

A. Background of the Topic

B. Position in the Argument – Yea

C. Thesis Statement

II. Counter Argument

A. Summary of the counterclaims of the opposing position

1. Extrajudicial killings

2. Military Takeover

B. Supporting statements

C. Refutations to the counterclaims

D. Evidence to support refutations

III. My Argument

A. It ensures security and stability of the population

1. Personal opinion

2. Supporting statements

B. It is an effective measure against terrorism

1. Personal opinion

2. Supporting statements

IV. Conclusion

A. Restatement of the argument

B. Plan of action
 Martial Law and its Benefits to the Philippines: Yea or Nay?

When martial law is imposed in a nation to eliminate civil unrest, it is usually viewed as

negative by the onlookers, and the positive side of things overlooked. The infamous declaration

of the Martial Law was commenced by the late president Ferdinand Marcos in 1972. This was an

effective response against the mobilization of the Chinese-backed New People’s Army in the

North. This was an unpopular decision despite its overlooked advantages and is hated by the

masses to this day. Regardless of its aggressive nature, the declaration of martial law is an

effective measure against a major threat to the national security of the country and must be

implemented immediately by the Executive Branch of the Philippine Government, should the

need arise. It ensures security and stability in the nation and is an effective counter-terrorism

force to national threats.

Among other things, most people despise the martial law declaration because of the

rampant extrajudicial killings and the taking over of the government by the military assets. It was

evident that there were mass killings and brutal torturing of seemingly random people who were

suspected of supporting the communist movement or criticizing the government during the 1972

Martial Law period. Such instances were historically true; however, those crimes were arbitrary

and were beyond the martial law procedures. It was a time of nationwide civil unrest and a start

of the communist rebellion and revolution, such as the New People’s Army, the Kabataan

Makabayan, the Hukbalahap (later renamed the Hukbong Mapagpalaya ng Bayan), and the

Partido Komunista ng Pilipinas (funded by the Chinese Communist Party with weaponry and

financial support and the main source of the Filipino communist influence) which prompted

Former President Marcos to declare the martial law in the first place. In another time setting, the

2017 Martial Law for example, which was imposed on Mindanao by Pres. Duterte due to the
mobilization of the ISIS-led terrorist group in the area which triggered the Siege of Marawi that

lasted five months. Extrajudicial killings are minimal this time compared to the thousands

victimized under the Marcos regime. The point is, the extrajudicial killings are irrelevant and

unnecessary to the implementation of the martial law, rather they were “byproducts” of the

declaration purely decided by the president, outside of the boundaries of the martial law. Of

course, their only intention is to save their country with whatever means necessary to defeat a

national threat.

In my opinion, the declaration of the martial law is a step in the right direction because it

ensures security and stability of the population and the nation as well. With the temporary

military takeover of the government, instructions are more direct and national security will be at

the peak of stability, if done right. According to Proclamation No. 216 of the Executive Branch

of the Philippine Government, only the President (who is also the Commander-in-chief of the

Armed Forces of the Philippines) is entitled to the declaration of martial law for an initial period

of 60 days. If extension of the martial law period is needed to fully liquidate a national threat,

then it will happen upon the approval of the Congress this time.

Moreover, the martial law is an effective counter-terrorism force imposed by the

government. Through this, nationwide investigations can be undertaken, acquiring intelligence

that may be of benefit to the elimination of terrorism in the country. This needs to be done

carefully however in order to avoid extrajudicial killings, arbitrary arrests, and mistaking

innocent people for being a part of a terrorist organization. A systematic approach must be

formulated to avoid said issues and to police the country without having to use force or violence,

unless provoked to do so. The 2017 Martial Law in Mindanao would be an excellent example. It

lasted for two years, and it was declared as a result of the Islamic State terrorists who stormed
the city of Marawi. They were eliminated in 2017 but the martial law was extended nonetheless

to ensure that no terrorist organization will regroup and restart the rebellion again.

To conclude, martial law must be declared once a national threat is recognized to avoid

having the country under the enemy’s hands and to liquidate all threats effectively at a short

period of time. At the same time, it restores order and stability in the country under temporary

military takeover. Most people despise the martial law declaration because of the fact that they

feel threatened by the police and military to either be killed, arrested, or tortured, but they fail to

realize that it was for the betterment of the country. Furthermore, disappearances, tortures,

deaths, and arbitrary arrests are not part of the martial law, rather they are solely done by the

president him/herself. To fully avoid such issues, the martial law proclamation must be amended

to the satisfaction of the people, at the same time ensure their safety and protection during the

martial law period. Afterall, the writ of habeas corpus is not automatically suspended during the

martial law period, it depends on whether or not it is needed according to what type of threat the

country is facing. When the time comes, it must be done right this time, lessening arbitrary

arrests and mistaking innocent people as threats to the national security, and proper police

investigation must be done to avoid these issues from happening. As a result, martial law can be

a silent operation, ensuring safety and security of the people, at the same time ending national

threats at once with maximum effectivity.

References

Cigaral, I. N. (2020). Martial Law in Mindanao Ends after 953 Days. Philstar Global.

https://www.philstar.com/headlines/2020/01/01/1981218/martial-law-mindanao-ends-

after-953-days

Declaration of Martial Law. The Official Gazette.

https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/

Gatdula, J. (2018). Perhaps Martial Law Wasn’t as Bad as You Thought? BusinessWorld,

Editorial Picks. https://www.bworldonline.com/perhaps-martial-law-wasnt-as-bad-as-

you-thought/

Martial Law. Corporate Finance Institute.

https://corporatefinanceinstitute.com/resources/knowledge/other/martial-law/

Martial Law 101: The Beginnings of Martial Law. Martial Law Museum.

https://martiallawmuseum.ph/magaral/martial-law-101/

Nicolas & De Vega (Unknown Date). FAQs on Martial Law in the Philippines. Nicolas & De

Vega Law Offices. https://ndvlaw.com/faqs-on-martial-law-in-the-philippines/

Proclamation No. 216 (2017). Declaring a State of Martial Law and Suspending the Privilege of

the Writ of Habeas Corpus in the Whole of Mindanao. The Official Gazette.

https://www.officialgazette.gov.ph/2017/05/23/proclamation-no-216-s-2017/

Proclamation No. 1081 (1972). Proclaiming a State of Martial Law in the Philippines. The

Official Gazette. https://www.officialgazette.gov.ph/1972/09/21/proclamation-no-1081/

Sarmiento, B. (2019). Martial Law in Mindanao takes deadly toll on land, environmental

defenders. Mongabay: News and Inspiration from Nature’s Frontline.

https://news.mongabay.com/2019/10/martial-law-in-mindanao-takes-deadly-toll-on-land-

environmental-defenders/