Who is afraid of martial law?

Not because of COVID-19 but because of the NPA attacks against the government forces, the president has given a stern, if succinct, warning: Because of the continuing attacks by the NPA against our soldiers who are protecting the people and bringing food and medicines to the communities, I may declare martial law.

Unlike the 1935Constitution, when President Marcos issued Proclamation 1081 placing the whole republic under martial law, our present fundamental law has substantially limited the presidential powers. Marcos had absolute and almost limitless flexibility and prerogatives. But today, Congress has strong and active participation in martial law proclamation. We should read Article VII, Section 18 of the 1987 Constitution, which has been in effect since 1987 or 33 years. This was ordained by the commission appointed by then President Corazon Aquino, and overwhelmingly ratified by the Filipino people. Two of the commissioners who framed were our own CJ Hilario Davide Jr and the late Regalado Maambong.

Under Section 18, the president is the commander-in-chief of the armed forces and, whenever it becomes necessary, he may call out such armed forces to prevent and suppress lawless violence, invasion or rebellion, when the public safety requires it, he may for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus, or place the Philippines, or any part thereof under martial law. Within 48 hours from the proclamation of martial law, or the suspension of the privilege of the writ of habeas corpus, the president shall submit a report in persons or in writing to Congress. Thus, martial law today is not solely in the hands of the president. The people, through Congress, participate in said draconian measure.

Under the same provision, Congress voting jointly, by a vote of majority, may decide to revoke the proclamation, and such revocation cannot be ignored by the president. In other words, the people are sovereign, acting through their representatives. Congress also, in the same manner may decide to extend the period of proclamation if the invasion or rebellion shall persist and public safety requires it. Not only that, any citizen, whether Juan, Pedro, or Maria, from Batanes to Tawitawi, or even those abroad may bring a case to the Supreme Court to question the facts that were used to justify the proclamation.

It is specified that the proclamation of martial law shall not suspend the Philippine Constitution. The jurisdictions of our judiciary cannot be supplanted by the creation of military tribunals. This is very different from the 1935 Constitution used by Marcos to create military tribunals, including the one that tried and convicted Ninoy Aquino. More importantly, those arrested should be charged within three days, not like us who were detained in 1972 for many weeks, even months, and years to others, without ant charge. Here, the hands of President Duterte are tied. Congress, the courts and the people have control over him.

I was one of the victims of the 1972 martial law. But today, I have no objection regarding its imposition as the ultimate means to save the nation, not just from COVID-19, the NPA, and from all the “badlungons” and “pasaways”. I am not afraid. I don’t know about Trillanes and the NPAs, though.