How Laws Are Repealed In The Philippines

The process of removing or amending a law in the Philippines is a complex one. It involves a range of procedures and can be influenced by various factors, including the country's history, political landscape, and legal framework. The Philippines has a history of martial law, with the head of state or commander-in-chief of the armed forces having the power to declare it in specific circumstances. The country's legal system also recognises customs as a supplementary source of law, as long as they do not contradict existing laws, public order, or policy. Additionally, the Philippines has a constitution that outlines the powers of the president and other governing bodies. Understanding the dynamics between these entities and their impact on legislation is crucial when considering the removal of a law in the Philippines.

Martial law

In the Philippines, the president, as head of state and commander in chief of the armed forces, may declare martial law "in case of invasion or rebellion, when public safety requires it". This is according to the current Constitution of the Philippines. Typically, the imposition of martial law is accompanied by curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunals or court-martial.

The Philippine head of state has placed all or part of the country under military control during various historical instances. This includes the administration of Ferdinand Marcos, the country's colonial period, the second world war, and more recently, on the island of Mindanao during the administrations of Gloria Macapagal Arroyo and Rodrigo Duterte. The term "martial law era" is typically used to describe the Marcos martial law period specifically.

On September 23, 1972, President Ferdinand Marcos announced that he had placed the Philippines under martial law, stating that he had done so in response to the "'communist threat' posed by the newly founded Communist Party of the Philippines (CPP) and the sectarian "rebellion" of the Muslim Independence Movement (MIM). Marcos signed Proclamation No. 1081 on September 21, 1972, marking the beginning of a 14-year period of one-man rule that effectively lasted until Marcos was exiled from the country on February 25, 1986. This period in Philippine history is remembered for the Marcos administration's record of human rights abuses, particularly targeting political opponents, student activists, journalists, religious workers, farmers, and others who fought against the Marcos dictatorship.

After Marcos was ousted, government investigators discovered that the declaration of martial law had also allowed the Marcos family to hide secret stashes of unexplained wealth that various courts later determined to be "of criminal origin".

Presidential decrees

The validity of these decrees has been a matter of debate. In 1986, President Corazon C. Aquino, in the Freedom Constitution, recognised the validity of existing Presidential Decrees unless they were specifically repealed. This suggests that these decrees can be removed or repealed, but the process by which this occurs is not explicitly outlined.

It is worth noting that, historically, the Philippines has experienced various instances of Martial Law, during which the normal practice of civilian control of the military is reversed, and the head of state assumes extensive powers, including the ability to implement policies and decrees with limited checks and balances.

In conclusion, while the specific process for removing or amending a Presidential Decree in the Philippines is not entirely clear, it appears that these decrees can be repealed or modified, either by subsequent decrees or through legislative action. The recognition of their validity by President Aquino in 1986 also suggests a level of flexibility and the potential for legal challenges or revisions.

Foreign nationals' political activities

Foreign nationals are prohibited by Philippine law from engaging in partisan political activities in the country. The Bureau of Immigration (BI) has reminded foreign nationals residing or visiting the Philippines to refrain from engaging in any political activity in the country. BI Commissioner Jaime Morente stressed that foreign nationals are not vested with the same political rights and privileges as Filipino citizens. Foreigners are prohibited from engaging in internal political affairs in the Philippines. The order prohibits them from "joining, supporting, contributing or involving themselves in any manner in any rally, assembly or gathering".

In recent years, several foreign nationals have been deported for participating in protests and mass actions against the government. In 2013, Dutch citizen Thomas van Beersum was deported after being photographed taunting a crying policeman while joining a protest. In 2018, Zimbabwean Tawanda Chandiwana, American Adam Thomas Shaw, and Malawian Miracle Osman were ordered to leave the Philippines for involvement in leftist activities. Also in 2018, Australian nun Patricia Fox violated the conditions of her stay by participating in partisan political activities, resulting in her visa being denied for renewal.

Foreign nationals found engaging in a protest or mass demonstration could be considered in violation of their immigration status. Those found guilty of committing acts that constitute overthrowing the government, unlawful destruction of property, or violation of the conditions of their stay will be deported. After deportation, such foreigners will be blacklisted, forbidding them to re-enter the Philippines.

Military control

Martial law in the Philippines refers to the historical instances when the country's head of state placed all or part of the country under military control. The most prominent example of this was during the administration of Ferdinand Marcos, but martial law was also enforced during the Philippines' colonial period, the second world war, and more recently on the island of Mindanao during the terms of Gloria Macapagal Arroyo and Rodrigo Duterte.

Under the current Constitution of the Philippines, the president, as head of state and commander in chief of the armed forces, has the power to declare martial law "in case of invasion or rebellion, when public safety requires it." The imposition of martial law typically involves curfews, the suspension of civil law and rights, and the extension of military law or military justice to civilians. Civilians who defy martial law may be subjected to military tribunals or court-martials.

The Marcos administration cited several incidents as justification for imposing martial law, including the 1971 Plaza Miranda bombing and the acquisition of arms by the New People's Army. During this period, arrests and detention were widespread, often targeting those who dissented against government policies. Marcos was directly involved in these arrests, as people could be detained on the basis of a personal order under a presidential commitment order (PCO) or preventive detention action (PDA).

To maintain the Philippines under military rule, Marcos conducted several referendums, the first of which took place in July 1973. While the imposition of martial law initially faced international criticism, it gradually shifted towards more authoritarian forms, with the continued prohibition of dissent and the tightening of governmental controls.

Presidential commitment orders

In the Philippines, the president, as head of state and commander-in-chief of the armed forces, has the power to declare martial law and issue orders of arrest or commitment orders, known as Presidential Commitment Orders (PCO). This can occur "in case of invasion or rebellion, when public safety requires it".

During the administration of Ferdinand Marcos, the Philippines experienced a prominent period of martial law. Marcos was directly involved in numerous arrests and detentions, abusing his powers under PCOs. This resulted in widespread arrests and detentions of individuals such as church workers, human rights activists, legal aid lawyers, labour leaders, and journalists.

The current Constitution of the Philippines grants the president significant authority during a state of martial law, enabling them to suspend civil law and civil rights, including habeas corpus. Civilians who defy martial law may be subjected to military tribunals.

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