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Tuesday, October 25, 2005
Sienes: Martial Law declaration subject to Congress nod
By Cris G. Sienes
Different Strokes
DUE to the exposed draft on the proposed emergency rule for President Gloria Macapagal-Arroyo, many sectors, particularly those that oppose the President and her administration, are jittery. They fear the possibility of the country being placed under martial law again.
Such fear is probably unfounded. There is a whale of a difference between the declaration of martial law now and during the time of the late President Ferdinand E. Marcos.
Even if Arroyo were to declare martial law now, such a declaration would still be subject to the approval or revocation of Congress. Even the Supreme Court may review such a declaration upon the petition of any citizen.
Once Congress revoke such declaration or proclamation, that's the end of it. The President cannot ignore such action of Congress.
Anyway, for the guidance of those who fear the possibility of the country being placed under martial law again, here is what the present Constitution provides on the declaration or proclamation of martial law:
"The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he (she) may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he (she) may, for a period not exceeding sixty days, suspend the privilege of the write 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 writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The 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, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and the public safety requires it.
"The 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 writ or the extension thereof, and must promulgate its decision within thirty days from its 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 privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."
So there you are. The above provision of the Constitution on the declaration or proclamation of martial law should dispel apprehensions on the possible declaration of martial law in the country again. With Malacañang and the Senate engaged in a vitriolic cold war, we doubt if any declaration of martial law at this time would get the nod of Congress. The odds are a hundred to one that Congress would not approve any declaration of martial law at this time.
Likewise, there is no invasion or rebellion. What we have at present are simply fractious street rallies and protests in the streets of Metro Manila. While it's true that the street rallies and protests always end up with rallyists and riot policemen clubbing one another, are these enough grounds for the proclamation of martial law? We do not believe so.
Anyway, if martial law is to be declared because of the violence engendered by the street rallies and protests it should only be in Metro Manila. We have no violent street rallies here or elsewhere in the country outside of Metro Manila.
Point to ponder: "Nothing will mix and amalgamate more easily than an old priest and an old soldier. In reality, they are the same kind of man. One has devoted himself to his country upon earth, the other to his country in heaven; there is no other difference." (Victor Hugo: Les Miserables)
For Bisaya stories from Davao. Click here. (October 25, 2005 issue)
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