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Opinion

EDITORIAL - Not the same martial law

The Freeman

If push comes to shove and President Rodrigo Duterte declares martial law for the purpose of containing the COVID-19 threat, people should be aware that it won’t be the same kind of martial law declared by the late dictator Ferdinand Marcos.

People must understand that martial law per se isn’t bad. In fact it is an instrument of government provided for in many constitutions in different countries, if not all of them. That means it is internationally recognized as an instrument that any government can use to enforce the law when the normal means have failed or become insufficient.

Need more proof? The fact that former president Corazon Aquino, who assumed the leadership of the country after the fall of the Marcos dictatorship, did not object to the inclusion of martial law in the new constitution only proves that even those who experienced the full brunt of Marcos martial law still recognized that martial law is still a valid instrument of government.

We also say any martial law declared today won’t be the same martial law as before because those who drafted the new Constitution were careful to put new provisions in place. Under the new provisions, the declaration of martial law can no longer suspend the Constitution. Another provision was that people arrested under martial law can also no longer be detained indefinitely without charges.

We understand that it is easy for others to become paranoid at the mere mention of martial law, considering that a good number of those who experienced the Marcos brand of martial law have become persons of influence today.

Many of them can see no good in any kind of martial law. They will always see it as evil, no matter for what reason it is proclaimed and no matter what changes have been made to the law since the Marcos years.

And while it is true and unfortunate that they suffered during that dark period in our history, the fact remains that the circumstance then and the situation now are very different.

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MARTIAL LAW

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