MARTIAL LAW

By: Atty. Karissa Faye R. Tolentino

Some people associate “martial law” with human rights violations. This
made me realize how warped our understanding of martial law is.

Martial Law is actually a remedy to protect the state. Under our present
constitution, the president may place the Philippines or any part thereof under
martial law, when there is “invasion or rebellion, when the public safety requires
it.” (Art. VII, Section 18 of the Constitution)

Invasion means foreign military intrusion. On the other hand, rebellion is a

public and armed uprising against the government, the object of which is to
overthrow and supersede the existing government

It was easy for former President Marcos to place the Philippines under
martial law before because under the 1973 and 1935 Constitutions, the power to
proclaim martial law can be exercised in case of “imminent danger” of invasion or
rebellion. However, under the present Constitution, this power can only be
exercised in case of “actual” invasion or rebellion and only when public safety
demands it. Hence, the mere threat of rebellion, without an actual public and
armed uprising, cannot be a valid justification for declaring martial law.

Safeguards and Limitations under the present Constitution:

1. Duration: Not more than 60 days following which it shall be automatically

lifted unless extended by Congress.
2. Duty of the President to report to Congress: within 48 hours personally or
in writing.
3. Authority of Congress to revoke or extend the effectivity of proclamation:
by majority vote of all of its members voting jointly.
4. Once revoked by Congress, the President cannot set aside the revocation.
5. Martial law does not suspend the operation of the Constitution; no new
powers are given to the President; no extension of arbitrary authority is
recognized; no civil rights of individuals are suspended; and the relation of
the citizens to their State is unchanged.

It can be gleaned from the foregoing that our president cannot just declare
martial law whenever he wants to. There are specific requirements.