Saturday, August 23, 2008 Nalzaro: Prelude to Martial Law? By Bobby Nalzaro Saksi
THE opposition expressed fears that President Arroyo would use the armed conflict in Mindanao as an excuse to declare Martial Law and to extend her hold on power beyond 2010.
Well, we cannot blame the opposition and others who speculate on this because a similar scheme was implemented by Ferdinand Marcos in the ‘70s.
Marcos and his clique, including now senator Juan Ponce Enrile, stage-managed bombings to justify the declaration of military rule.
But I think the opposition's fears are unfounded. While the President has power to declare Martial Law, it is no longer easy to use it. The 1987 Constitution provides safety nets that prevent any sitting president from abusing his/her power to place the entire nation or any part thereof under Martial Law.
Marcos did it under the 1973 Constitution when he abolished Congress. But now the ballgame is different. Section 18, Article 7 (Executive Department) of the 1987 Constitution states:
“The President shall be the Commander-in-Chief of the Armed Forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent and suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under Martial Law. Within forty-eight hours from the proclamation of Martial Law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or writing to the Congress.
“Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by Congress, if the invasion or rebellion shall persist and public safety requires it.
“Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of Martial Law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from the filing.
“A 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, nor automatically suspend the privilege of the writ.
“The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”
So President Arroyo can no longer do a Marcos. Morag layo ra na sa tinai sa manok ang gikahadlukan sa taga-oposisyon. Pamulitika lang gihapon.
