Martial rule within the framework of law

The die has been cast. The Rubicon has been crossed. There are no more ifs, ands, or buts. Martial Law has been declared in the Mindanao group of islands. The president is firm and decisive. The declaration may extend to the Visayas regions, and, if called for, the entire nation. The president is vested that power under Section 18 of the 1987 Constitution. The president is not only the head of state and the head of government but also the commander-in-chief of all armed forces of the Philippines. To those who are fearful that Martial Law may be abused by the military, we ask them to read the fundamental law. There are enough safeguards for human rights and the liberty and freedom of the citizens.

First of all, there is a rebellion being staged by lawless elements. The president is not powerless in the face of grave and imminent danger to the security of the state and the people. Public order, public safety and the welfare of the people all require an immediate and decisive action, otherwise, the rebel forces may gain more ground, terrorize more people, and inflict more damage and suffering on the innocent civilians and the peace-loving people in Mindanao. But, unlike the unlimited powers of President Ferdinand Marcos in 1972, the present Constitution provides so many safeguards and control over the manner in which Martial Law shall be implemented.

First, Martial Law shall not last more than sixty days. Within 48 hours, the president shall submit a written report to Congress. Both the House of Representatives and the Senate, voting jointly, may revoke the proclamation made by the president. If and when such revocation is done, the president cannot override such legislative revocation. On the other hand, if it is necessary, when public safety requires, and if such rebellion or invasion persists, then Congress may decide to extend the 60-day martial rule to a longer period that Congress itself may set. Congress is mandated by law to convene within 24 hours precisely for this purpose.

When a Filipino citizen files an action before the Supreme Court, questioning the sufficiency of the factual basis of such a declaration, the highest court of the land shall review the validity thereof. The Supreme Court ruling should come out not later than thirty days from the filing of the case.

Thus, the power of the president is being checked and balanced by both the legislative and the judiciary. There can be dictatorship in the style of the Marcos Martial Law. What matters most is that the civilian supremacy over the military remains. All the courts continue to operate. It is business as usual. Only the criminal elements should fear for the full force of the law. Let us then support the president in this crucial and critical challenge to defend the security of the state, and the safety and security of the people.