Martial Law

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Martial Law

By | October 2012
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Martial Law is one of the powers given to the Chief Executive the purpose of which is to enforce or restore order in the country or any part of it during times of invasion or rebellion, and subject to numerous limitations. But it must be stressed out that the concept of Martial Law in the present Constitution (1987 Constitution) was not as strict as compared to the previous Constitutions (1973 and 1935). And this explains why former President Ferdinand Marcos easily abused the powers incidental to it. When Marcos declared Proclamation 1081, that is, placing the whole Philippines under Martial Law, the arresting of individuals without warrant issued by the court and the detention of those arrested without the need of delivering them to proper authorities within the period provide for by the law were legalized, and these alone led to numerous abuses of people’s right to liberty. Also, the executive and the legislative powers, which are ordinarily exercised by two different and independent branches, were fused and were exercised solely and at the pleasure of Marcos, hence, enabling him to introduce laws which he alone drafted and initiated and required no other thing but his signature to make it effective and executory. These changes literally allowed him to control the whole country by strings. And we all know when people are controlled, things against their will are done. I dream that one time, our future leader would declare Martial Law and give new meaning to it, so that people would understand that Martial Law is a Constitutional guarantee for the protection of rights and the enjoyment of liberties just like all other rights guaranteed therein. SUMMARIZATION

The Philippines was under martial law again from 1972 to 1981 under the authoritarian rule of Ferdinand Marcos. Martial law was declared to suppress increasing civil strife and the threat of communist takeover following a series of bombings in Manila. The declaration of martial law was initially...