Professional Documents
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I. Rationale
Martial law is referred as the imposition of a leader, which is usually the highest ranked
military officer, head of government like president, or military governor. This means that the
leader has the power to remove or terminate all the powers of legislative, executive and judicial
branches of the government. Declaration of Martial law can either temporary or permanent,
Under Section 18 of Article VII of the 1987 Constitution, the president has the power to
place the entire country, or any part of it, under martial law, when there is an invasion of the
Philippines, or when there is rebellion taking place. The Constitution also explicitly provides that
when martial law is resorted to, public safety must demand it, for a period not exceeding sixty
day.Martial law therefore, is to be invoked in those cases where the very existence of the State is
threatened. It is premised, upon the principle that the state has a right to defend itself and rests
on the proposition that every state possesses the power of self-preservation. Martial law has
been characterized as the public right of self-defense against a danger to the order or the
Moreover, the power of the president to declare martial law is hemmed about with
restrictions and limitations. There are conditions which must be met before it can be imposed.
The power given to the President only when those conditions of actual invasion or rebellion (not
merely imminent danger thereof) are met, and only when public safety requires it. The President
can only impose martial law for a period up to sixty days. Marital law can only extend beyond
review the sufficiency of factual basis of the proclamation of martial law. This means that the
Supreme Court has the power to determine that there was insufficient factual basis for martial
law and to strike it down. The Supreme Court can rule that there is no actual invasion or
rebellion or that public safety does not require martial law. Any citizen can file a case against the
Presidents declaration of martial law. To ensure that the question is resolved quickly, the
Constitution requires that the Supreme Court must promulgate its decision within thirty days
On May 23, 2017, President Rodrigo Duterte issued Proclamation No. 216 which placed
the entire island of Mindanao under martial law due to rampant lawlessness in Mindanao
particularly in MarawiCity,in accordance with Section 18, Article VII of the 1987 Constitution.
President Rodrigo Duterte declared martial law in the entire Mindanao Island amid the
ongoing clashes between government troops and Maute group terrorists in Marawi City. Martial
law was in place for a maximum of 60 days, as stipulated in the Constitution, on the grounds of
The Supreme Court ruled the Martial Law as valid for there were sufficient factual bases
for the proclamation of Martial Law on the basis that there were (1) actual rebellion, (2) public
safety requires it, and (3) probable cause for the President to believe that there is actual rebellion
or invasion. That, on July 22, 2017Duterte gets congressional approval to extend it until
December 31, 2017, therefore, President Rodrigo Duterte has the power to carry out martial law
until the end of the year 2017, aiming to solve the crisis in Marawi City where government
forces and the Maute terror group continue to fight and also the military wants to use the full
The declaration of martial law was necessary "in order to suppress lawless violence,
rebellion, for public safety and stop terrorist. Terrorism is now one of the most problematic
security issues affecting the safety and prosperity of our country and rampant in our community,
declaring martial law is necessary to flush out all insurgents who are terrorizing the community
and responsible for provoking harm, intimidation and coercion to the peaceful society. Pres.
Duterte said the growing influence of Islamic State was one of the nations top security concerns,
and martial law was necessary to stop it. Martial law allows the president to call out the armed
constitution.
Martial Law can eradicate criminality. There will be quick command and control of huge
population since all civil laws and civil rights are suspended, thus, its neutralize all criminal
offenders responsible for risking the safety and impunity against the society.Restoration of peace
especially in M may indanao is one of the main issues why Martial Law has been declared so
that level of criminal rates can significantly go down and safeguard the welfare of the society. As
President Dutertes allies said that the declaration of martial law in Mindanao should help
authorities solve other problems like criminality in the region, though the threat of the Maute
group was confined to only a small part of it. The Maute group be confined to Lanao, but there
are other problems with regard to security and peace and order in other provinces. Declaring
Martial law in the entire Mindanao is just one decision to solve the other problems in other
provinces.
However,the declaration of martial law is very prone to abuse of power and can lead to
human rights abuses for without civil laws to protect them;people have no protection against the
abuses of government.Critics fear martial law will give security forces cover to carry out human
rights abuses, citing the experience under Dictator Ferdinand Marcos a generation ago.
Further, the conflict in Marawi and the declaration of Martial Law have already caused
the economy slow down. The Peso weakened beyond the P50 against the US Dollar during the
days trading, but closed slightly higher barely breaking the P50 barrier.
III. Reaction
bring peace and security in the region. The attack in Marawi was a clear case of rebellion, and to
preserve public safety in Mindanao and ensure that clashes do not spill over to other parts of the
island and the Philippines, President Duterte was correct in placing Mindanao under martial
law.Personally, I believe that Martial Law, despite its negative political implications on its
constitutionality and proneness to abuse of power, would calm down the volatile situation in
Mindanao.
Further, the Supreme Court found that there were sufficient factual basis in Proclamation
1. The Maute Group and other lawless armed groups are openly attempting to remove from
the allegiance of the Government this part of Mindanao, starting with the City of Marawi
and deprive the Chief Executive of his powers and prerogatives to enforce the laws of the
land and maintain public with the clear intention to established an Islamic State knows as
expand their ranks and armed consolidation of their members throughout Marawi;
decimation of a segment of the city population who resist; brazen of DAEZH flags;
their report to the Chief Executive due to city-wide power outages; preventing the BJMP
from performing their functions; attack and occupation of several hospitals, medical
services; bridge and road blockades effectively depriving the government of its ability to
deliver basic services, hampering troop reinforcement for restoration of peace and order
and hindering the movement of both civilians and government personnel to and from the
city;
4. Network and alliance building activities among terrorist groups and lawless armed men to
attain their long standing goal of absolute control over the entirety of Mindanao.
It appears therefore that the declaration of ML in the part of the country has factual basis
Further, I believe that the extension of martial law is essential to the overall peace and
stability. The rebellion in Marawi continues to persist and we want to stop the spread of the evil
ideology of terrorism and free the people of Mindanao from the tyranny of lawlessness and
violent extremism. Lets give Duterte the chance to end the Marawi crisis and neutralize the
Maute group and restore peace and order there once and for all. The extension of martial law is
In order for martial law to be a positive experience, our institutions need to work together
to ensure that rights are protected and abuses are prevented. It is not enough to trust the President
the people. Under Section 18 of Article VII of the 1987 Constitution, the President must submit a
report in person or in written form to Congress within 48 hours of declaring martial law. It would
be necessary to establish a bicameral monitoring system that Congress could use to make sure
the limits laid down by the Constitution on the exercise of martial law powers are followed. The
work of that bicameral entity could also be the basis of a decision to terminate the state of martial
The Supreme Court must scrutinized the factual basis of the declaration and lay down
guidance on what exactly are the powers allowed under martial law.
In addition, the military and police must exercise self-restraint; otherwise, martial rule
will instead of defeating it contribute to the growth of rebellion as it did during the Marcos years.
V. Reference
Bernas , Joaquin (2009). The 1987 Constitution of the Republic of the Philippines : A
Commentary.
Britanico, Atty. Francesco. Martial Law under the 1987 Constitution | Lawyers in the Philippines
available:https://lawyerphilippines.org/2015/10/13/martial-law-under-the-1987-
constitution/
Available : https://ulongnuno.blogspot.com/2017/06/pros-and-cons-vs-martial-law-in-
marawi.html#.WY1cbrYRVLM
Relos, Gel S. Dutertes martial law in Mindanao: The pros and cons sides among Filipinos in
the-pros-and-cons-sides-among-filipinos-in-america/
Romero, Flerida Ruth (1986) .Record of the Constitutional Commission : Proceedings and
Debates
Quisumbing, Leo. Philippine Law Journal, Vol. 60, 1985: Constitutional Control of the Electoral