![]() ![]() Given Duterte’s tough rhetoric, fears of Martial Law were raised in the 2016 presidential campaign. Each one has their own style of plundering … you cannot do that under my term.” This echoes the rhetoric in the early 1970s by Ferdinand Marcos, when he characterized his Martial Law project as “Revolution from the Center.” Duterte’s admiration is explicit, as he once remarked, “Marcos was excellent. Even before he was a declared candidate for president, he talked of instituting a “revolutionary” government to ensure reforms. Since virtually all representatives are currently part of the Duterte administration’s “supermajority” there is no chance that Martial Law will be revoked, so no joint session will be convened.įrom the beginning of Duterte’s national prominence, part of his strongman image has included talk of Martial Law. ![]() Congress can revoke Martial Law by a majority vote, but the voting is by both houses jointly that is, the 24-member Senate (elected nationally) and the 297-member House of Representatives (elected by district and from party lists). The Memorandum from the Department of Defense about the implementation reiterated this constitutional provision and reminded the Armed Forces of the Philippines that in Mindanao “the rule of law and human rights should prevail.”ĭue to parliamentary arithmetic, one particular restriction introduced in 1987 is not relevant at this moment. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. Section 18 of Article VII of the 1987 Constitution is explicit that Martial Law does not supplant the rest of the government:Ī state of martial law does not suspend the operation of the constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function … The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.Any citizen can bring to the Supreme Court a case questioning the factual basis of the declaration.It is for 60 days (any extension requires Congressional approval).It’s worth reiterating here the current constitutional provisions on Martial Law, which-while allowing it in the case of invasion or rebellion-are meant to avoid the unfortunate experience of the past: Martial Law in the Philippines is now guided by the 1987 Constitution that was crafted after the 1986 overthrow of former president Ferdinand Marcos, who had declared Martial Law in 1972. President Duterte placed the entire island of Mindanao under Martial Law in response to the attacks of a local terror group. Donate now – Give through our secure online form.Leaders on the Frontlines Awards – Join us October 12, 2023.President’s Leadership Council – Equipping young people to address complex challenges across Asia and the Pacific.Lotus Circle – A vibrant community empowering women and girls across Asia and the Pacific. ![]() Publications – Reports, surveys, program overviews.InAsia blog and podcast – Insight and analysis on Asia and the Pacific.Program snapshots – Updates from Asia Foundation programs.News – Media coverage and news releases.Our Annual Report – Learn about our work.What we do – Good governance, women’s empowerment and gender equality, inclusive economic growth, environment and climate action, and regional and international relations. ![]() Where we work – Across Asia and the Pacific.Learn about our impact, approach, mission, vision, and values. About us – The Asia Foundation is a nonprofit international development organization committed to improving lives and expanding opportunities across Asia and the Pacific. ![]()
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