Gavin Howe
The Philippines has a history of martial law declarations, with the most recent one occurring in September 1972 by then-President Ferdinand Marcos. This ushered in a 14-year period of one-man rule, during which the country experienced a wave of human rights violations, including extrajudicial killings, torture, enforced disappearances, and arbitrary arrests and detention. Following Marcos' ouster, the country transitioned to a new government, but the shadow of martial law continued to loom, with some arguing that conditions in the Philippines under Duterte's presidency are akin to martial law. While the current Constitution of the Philippines empowers the president to declare martial law in specific circumstances, such as invasion or rebellion, any such declaration would face greater scrutiny and restrictions compared to the past. This article explores the possibility of martial law being declared again in the Philippines, examining the legal framework, historical context, and potential implications for the country's future.
| Characteristics | Values |
|---|---|
| Can martial law be declared in the Philippines? | Yes, the president may declare martial law "in case of invasion or rebellion, when public safety requires it." |
| Who can declare it? | The president, as head of state and commander in chief of the armed forces. |
| What does it entail? | Suspension of civil law and civil rights, including the right to free speech and the right to not be arrested without due cause. Military laws and military justice may be applied to civilians, who can be subjected to military tribunals. Curfews are also common. |
| Historical examples | Ferdinand Marcos declared martial law in 1972, citing the need to protect the authority of the republic and guarantee the security of its citizens against communist insurgency and other threats. This period was marked by human rights abuses, including thousands of extrajudicial killings, tortures, disappearances, and arbitrary arrests. |
| Current possibility | The government now faces more restrictions and surveillance, making it harder to abuse martial law. However, some argue that the country is already under martial law without a formal announcement, pointing to failures in the institutions and a lack of checks and balances. |
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What You'll Learn
The President of the Philippines can declare martial law in case of invasion or rebellion
Throughout history, martial law has been declared in the Philippines on several occasions. In 1871, Governor-General Rafael de Izquierdo declared martial law in the provinces of Cavite and Pampanga as a measure against banditry. In 1900, military governor General Arthur MacArthur Jr. placed the country under martial law. In 1907, Lt. Gen. Masaharu Homma proclaimed martial law in all occupied areas after the capture of Manila.
The most well-known period of martial law in the Philippines was under President Ferdinand Marcos, who declared martial law in 1972. This marked the beginning of a 14-year period of one-man rule, during which the country experienced a wave of human rights violations, including thousands of extrajudicial killings, tortures, enforced disappearances, and arbitrary arrests and detentions.
Following the ousting of Marcos in 1986, the country experienced a period of political and economic instability, with the new government inheriting an enormous external debt, a severely depleted economy, and continued threats from insurgents.
Today, the declaration of martial law in the Philippines would be subject to more restrictions and surveillance than in previous years. The government would need to bypass a number of safeguards put in place to prevent abuses of power, and any declaration would be subject to approval by the senate and the court.
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Human rights violations during martial law
The Philippines has a history of martial law dating back to the late 19th century. The country has experienced several instances of martial law, most notably the nine-year period from 1972 to 1981 under President Ferdinand Marcos. This era witnessed a wave of human rights violations, including extrajudicial killings, torture, enforced disappearances, and arbitrary arrests and detention.
During the Marcos dictatorship, there were 3,257 known extrajudicial killings, 35,000 documented cases of torture, 737 people who 'disappeared', and 70,000 incarcerations. Of the 3,257 killed, 77% were 'salvaged', meaning they were tortured, mutilated, and dumped in public places. These abuses were often committed against political opponents, student activists, journalists, religious workers, farmers, and other critics of the government. The Civilian Home Defense Force, established by President Marcos to combat communist and Islamic insurgencies, was particularly accused of inflicting human rights violations on leftists, the NPA, Muslim insurgents, and rebels against the Marcos government.
The declaration of martial law also allowed the Marcos family to hide secret stashes of unexplained wealth, which courts later determined to be "of criminal origin." The period of martial law under the Marcos regime is remembered as a dark time in Philippine history, marked by grave human rights abuses and a lack of accountability.
More recently, in 2017, the Duterte administration declared martial law in the southern island of Mindanao following attacks by Islamist armed groups. This declaration raised concerns about the potential for escalating human rights violations, particularly in the context of Duterte's "war on drugs," which has resulted in the deaths of thousands. Human Rights Watch stated that placing Mindanao under martial law could lead to military abuses and increased human rights violations against civilians, including leftist activists, indigenous leaders, and environmental activists.
The Philippine Constitution, drafted in 1987 after the overthrow of Marcos, places restrictions on the proclamation and implementation of martial law. It empowers the president to impose martial law and suspend habeas corpus for up to 60 days in the event of "invasion or rebellion." However, Congress can revoke or extend this proclamation without the president's approval, and the Supreme Court may review cases contesting the factual basis for martial law.
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Public reaction to martial law
The public reaction to martial law in the Philippines has varied over time and across different demographic groups. Here is a summary of the public reactions:
Initial Reaction to Martial Law in 1972
When Ferdinand Marcos declared martial law in September 1972, the initial public reaction was mostly favourable, according to former Marcos PR strategist Primitivo Mijares. Marcos had carefully crafted a public relations environment that ensured the majority of Filipino citizens would at least initially accept martial law. However, there was opposition in the Muslim areas of the south, where a separatist rebellion led by the Moro National Liberation Front (MNLF) broke out in 1973.
Human Rights Violations and Growing Disillusionment
Under martial law, there were widespread human rights abuses, including torture, rape, electrocution, and extrajudicial killings. The regime also shut down media outlets and arrested journalists, silencing press freedom. These actions led to growing disillusionment with martial law and the consolidation of political and economic control by Marcos and his associates. The arrest of opposition politicians, activists, and journalists, as well as the closure of media companies critical of the government, had a chilling effect on free speech and dissent.
Exile of Marcos and Public Outcry
Martial law lasted until 1981, and Marcos remained in power until 1986. In 1983, the assassination of Benigno Aquino, widely believed to be carried out by the military, became a focal point of renewed opposition to Marcos' rule. In 1986, amid mounting pressure, Marcos called a snap presidential election, which was marred by vote-buying and violence. Marcos was declared the winner, but strong public outcry over the election results precipitated a revolt that ultimately drove him from power and into exile.
Long-Term Impact and Revisionist Narratives
The period of martial law left a lasting impact on the country, with over 70,000 filed cases of human rights abuses. Efforts have been made to seek justice, truth, and reparations for the victims. However, there has also been a disturbing emergence of revisionist narratives that attempt to play down the human rights violations and portray martial law in a positive light, especially in the lead-up to elections.
Indigenous Peoples' Opposition to Martial Law
The Lumads, or non-Muslim indigenous peoples of Mindanao, have consistently opposed the imposition of martial rule due to their past experiences during the Marcos dictatorship. Under martial law, they faced human rights violations, including the bombing of their schools, food blockades, the capture of their ancestral lands, and the killing of their leaders.
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Marcos' justification for declaring martial law
On 23 September 1972, Ferdinand Marcos declared martial law in the Philippines. This marked the beginning of a 14-year period of one-man rule, during which Marcos consolidated political and economic control, and committed numerous human rights abuses.
There are several justifications for Marcos' declaration of martial law, some of which were presented by the Marcos administration as official reasons, and some of which were dissenting perspectives put forward by analysts and members of the political opposition.
The first two justifications were explicitly stated in Proclamation 1081: to save the republic (from various plots) and to reform society (after the failure of American-style democracy). The third justification arose from the administration's propaganda, which portrayed Marcos as a hypermasculine or ultranationalist figure able to compel the obedience of supposedly "spoiled" Filipinos.
University of the Philippines public administration professor Alex Brillantes Jr. identifies three reasons expressed by the Marcos administration:
- Martial law was a response to various leftist and rightist plots against the Marcos administration.
- It was a consequence of political decay after American-style democracy failed to take root in Philippine society.
- It was a reflection of Filipino society's history of authoritarianism and supposed need for iron-fisted leadership.
Other critics ascribe an economic component to Marcos's motivations, suggesting that martial law was an acquiescence to the global market system, which required tight control of sociopolitical systems for efficient resource exploitation. It was also suggested that it was a product of infighting among the upper-class families of Philippine society, and a connivance between state powers and these families to keep the lower classes from gaining too much power.
Marcos himself initially claimed that he had declared martial law in response to violent acts that took place in 1971-72, such as the Plaza Miranda bombing and the alleged assassination attempt on Defense Secretary Enrile. However, it has been noted that the groundwork for its implementation was laid much earlier, with Marcos having assured the loyalty of state institutions, particularly the Armed Forces, and gained the support of the Nixon administration.
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The safeguards put in place to prevent martial law abuses
Under the current Constitution of 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". While the imposition of martial law typically involves curfews and the suspension of civil law and rights, there are now safeguards in place to prevent abuses and violations of human rights.
Firstly, there are now organisations that document and expose human rights violations, such as Amnesty International, Task Force Detainees of the Philippines, the International Commission of Jurists, the Lawyers Committee for International Human Rights, and the Foundation for Worldwide People Power. These organisations provide valuable information and evidence of any abuses that occur during states of martial law, helping to ensure accountability and justice.
Secondly, the Philippines has established a reparation system for victims of human rights abuses during the previous period of martial law. The Human Rights Victims’ Claims Board was created by the government to “receive, evaluate, process, and investigate” reparation claims, and funds for compensation came from the corrupt wealth accumulated by President Marcos.
Thirdly, there is now a greater emphasis on the rights to truth, justice, and guarantees of non-repetition. Political narratives that attempt to downplay or revise the history of human rights violations are being challenged. It is recognised that forgetting or failing to address past abuses will lead to further violations and impunity.
Lastly, there are now legal safeguards in place. For example, the Integrated Bar of the Philippines opposed "hamletting", which was a violation of the freedom of movement and liberty of abode. By challenging such practices, organisations can help to prevent similar abuses from occurring in the future.
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Frequently asked questions
Martial law is when military rule is imposed on a country or region, and civil law and rights are suspended. Typically, it involves curfews, the suspension of habeas corpus, and the application of military law or military justice to civilians.
On September 23, 1972, President Ferdinand Marcos announced that he had placed the Philippines under martial law. This marked the beginning of a 14-year period of one-man rule, during which there were widespread human rights abuses, including thousands of extrajudicial killings, tortures, enforced disappearances, and arbitrary arrests and detentions.
The Marcos administration gave several reasons for declaring martial law, including:
- The need to respond to various leftist and rightist plots against the government
- Political decay after American-style democracy failed to take root
- The reflection of Filipino society's history of authoritarianism and the need for strong leadership
Yes, under the current Constitution of the Philippines, the President may declare martial law "in case of invasion or rebellion, when public safety requires it." However, there are now more restrictions in place to prevent abuses of power, and any declaration would be subject to greater surveillance and scrutiny.
