This coming September 21st, our nation will
commemorate the 40th anniversary of a peculiar yet defining moment
in our nation’s history – the declaration of martial law[1]
by the late strong man, President Ferdinand Marcos.
I only know this period from documentaries, history books
and some personal accounts by my parents.
Now that we are studying the law, it would be fitting to see this part
of history in its legal dimensions. Bernas, S.J. in his 2009 Edition of the
1987 Constitution of the Republic of the Philippines: A commentary lucidly
summarized the jurisprudential legacy of martial law:
1. Aquino, Jr. v.
Enrile[2].
The court essentially validated the proclamation of martial law on the basis of
continued rebellion and the said proclamation 1081 had merely placed the
fundamental law “in a state of anaesthesia, to the end that the much needed
surgery to save the nation’s life might be undertaken.
2.Aquino, Jr. v.
COMELEC[3].
This case involved a petition for prohibition seeking the nullification of presidential
decrees calling for a referendum on February 1975. The court held that the
President does have legislative powers by virtue of him being the administrator
of martial law and since he alone can convene the interim National Assembly
which he has not yet convened; he alone has the active legislative authority.
3. Aquino, Jr. v
Military Commission No. 2.[4]
The court held that under the exceptional demands of martial law, the
conferment of military tribunals with jurisdiction to try civilians is necessary
for the attainment of the objects of martial law.
4. Salidad v COMELEC.[5]
The court held that the President may, under the extraordinary conditions of
martial law and of the government under the transitory provisions, may propose
amendments to the constitution in the absence of a grant of such constituent power.
With the decision in Sanidad vs
Comelec, the main lineaments of pre-1987 Philippine marital law jurisprudence
were drawn: (1) the martial law proclamation of 1972 was validly made on the
basis of an existing rebellion; (2) the imposition of martial law carried with
it the suspension of the writ of habeas corpus; (3) the martial law
administrator could legislate on any matter related to the welfare of the
nation; (4) he could create military tribunals and confer on them jurisdiction
to try civilians for crimes related to the purpose of marital rule; (5) in the
absence of any other operative constituent body, the President could even
propose amendments to the constitution. All of the above, moreover, are confirmed
by the broad grant of power found in Article XVII, Section 3(2), of the 1973
Constitution[6] which,
as will be seen below, was itself ratified in a most unique manner. The Supreme
Court was to add later that under martial law, claims of denial of a speedy
trial were unavailing, and that the suspension of the privilege of the writ of
habeas corpus also suspends the right to bail.
Having this very basic understanding of the tone of jurisprudence which rose out of the marital law era would lead us to appreciate why vast changes on the martial law powers were instituted in the 1987 Constitution. The basis for declaring marital law has been severely restricted and opened for checks on both the legislature and the judiciary. In the long run, the 1987 constitution hopes that the exercise of an essentially police power called the martial law be used only on the most urgent and dire situation and not to serve as means to perpetuate absolute power at the expense of individual liberties.
Having this very basic understanding of the tone of jurisprudence which rose out of the marital law era would lead us to appreciate why vast changes on the martial law powers were instituted in the 1987 Constitution. The basis for declaring marital law has been severely restricted and opened for checks on both the legislature and the judiciary. In the long run, the 1987 constitution hopes that the exercise of an essentially police power called the martial law be used only on the most urgent and dire situation and not to serve as means to perpetuate absolute power at the expense of individual liberties.
[1] Proclamation
No. 1081
[2] 59
SCRA 183
[3] 62
SCRA 275
[4] 63
SCRA 546
[5] 62
SCRA 275
[6] All
proclamations, orders, decrees, instructions, and acts promulgated, issued, or
done by the incumbent President shall be part of the law of the land, and shall
remain valid, legal, binding, and effective even after the lifting of the
Martial Law or the ratification of this Constitution unless modified, revoked,
or superseded by subsequent proclamations, orders, decrees, instructions, or
unless expressly or implicitly modified or repealed by the regular National
Assembly.
4 comments:
Every rule has its flaws (its constant), as to what degree is the variable. Based on what I've heard, Philippines was still well-off during his rule. We might not know what triggered such rebellion thus declaring the country in the state of martial law. I still believe he was a good president who looked forward on what was good for his fellowmen. On the height of the the EDSA, i believe he was already so sick that time. The truth should have set us free. Have we really been free to date? Filipinos are going out of the country, so they might uplift their living (if only they have a choice, let's put ourselves to their shoes). Aren't they treated badly if not the lowest mammal ever existed abroad? Looking at the big picture, we could compare each country as the rich and the poor, the "datu" and the "alipin". So have we really realized the freemen we should ought to be?
He his part of history already and the best way that would make all these moments of history make sense is to learn from it. I do hope the Marcos era made us all realize how valuable freedom is and working democratic institutions are in building a "just and humane society". Up to this date, I guess we are still rebuilding the damaged image and damaged institutions but I am hopeful that the spirit of the Filipino will emerge back to its rightful place.
thanks for the positive answer.
Thank you also for give time to read and comment. I really appreciate it:D
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