Sereno to Duterte: Avoid historical sins of Marcos

MANILA, Philippines - Chief Justice Ma. Lourdes Sereno yesterday said that while President Duterte has the right to declare martial law, he should avoid “the gross historical sins” of the late dictator Ferdinand Marcos.

Speaking at the graduation rites of Ateneo de Manila University, Sereno explained to the graduates the president’s power to declare martial law and suspend the privilege of the writ of habeas corpus as enshrined in the 1987 Constitution.

“When properly implemented, this should not by itself unduly burden our country. This power was granted to allow the president to resolve the situation ‘in case of invasion or rebellion, when the public safety requires it’,” Sereno said in her 32-minute speech titled “The Atenean Facing Martial Law.”

“Suffice it to say that the martial law power is an immense power that can be used for good, to solve defined emergencies; but all earthly powers when abused can result in oppression,” she added.

Duterte on Tuesday night declared martial law in the entire island of Mindanao as Marawi City remained under siege by the Islamic State-inspired Maute group.

As to whether the present circumstances constitute rebellion, Sereno did not give an answer because the question might be brought before the Supreme Court.

The Philippines has a dark history of martial rule. The martial law of the Marcos dictatorial regime was marked by killings, disappearances, censure of information and plunder from 1972 to 1981. Sereno said it resulted in the downturn of the country’s economy from being one of the countries with a vibrant economy to being the “Sick Man of Asia.”

“The fears stoked by the terms ‘martial law’ and ‘suspension of the privilege of the writ of habeas corpus’ are therefore not surprising. But we must remember that these apprehensions were created by former president Marcos and the martial law that followed his 1972 declaration,” Sereno said.

“If President Duterte and the aforementioned government authorities avoid the gross historical sins of Mr. Marcos and his agents, then our country might reap the benefits of the legitimate use of the provisions on martial law in the 1987 Constitution.

“You see, the 1987 Constitution in clear and unmistakable language rejects and absolutely prohibits the particular kind of martial law that began in our country in September of 1972,” she added.

As to whether Duterte’s declaration of martial law would bring back human rights violations or make investors leave the country, the Chief Justice said “it depends.”