Cecily Zamora
On September 21, 1972, President Ferdinand Marcos of the Philippines declared martial law, citing threats from communist and Islamic insurgencies as justification for his actions. This proclamation allowed Marcos to assume extensive powers, effectively sidelining the constitution, the judiciary, and the press. Marcos' declaration of martial law was met with opposition from various sectors of Philippine society, including impoverished peasants, academics, economists, and politicians. The period under martial law in the Philippines was marked by human rights violations, including arbitrary arrests, torture, enforced disappearances, and killings. Civil society organizations such as Amnesty International and the United Nations Working Group on Enforced or Involuntary Disappearances have documented these crimes under international law and human rights violations. Today, the Philippines' constitution includes safeguards to prevent the repeat of a martial law regime, and the Supreme Court is empowered to review all official acts to determine if there has been a grave abuse of discretion.
| Characteristics | Values |
|---|---|
| Who can declare martial law | The president, as head of state and commander in chief of the armed forces |
| When can martial law be declared | In case of invasion or rebellion, when public safety requires it |
| Accompanying measures | Curfews, 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 (court-martial) |
| Powers assumed by Ferdinand Marcos | Legislative and executive powers, ability to remove any judge or judicial official, power to legislate by personal decree |
| Number of decrees issued by Marcos | Over 900 |
| Human rights violations | Extensive human rights violations including arbitrary arrests, detention, enforced disappearances, torture, and killings |
| Actions taken by Marcos against critics | Closed media outlets, arrested outspoken journalists and academics, arbitrarily dismissed government employees |
| Marcos' justification for declaring martial law | To counter threats from communist and Islamic insurgencies, to create a "New Society" under "constitutional authoritarianism" |
| Duration of martial law | 1972-1981 |
| Public reaction to martial law | Initially mostly favourable, with improvements in crime rates and urban cleanliness, but later disillusionment set in due to political repression, human rights violations, and economic issues |
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What You'll Learn
The Marcos regime
On the evening of 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) or the Moro National Liberation Front (MNLF). Marcos's declaration of martial law was met with opposition from various sectors of Philippine society, including impoverished peasants, academics, economists, and members of the old-guard political elite.
One of Marcos's first actions under martial law was to arrest opposition politicians in Congress and the Constitutional Convention. Marcos also dissolved Congress, suspended the writ of habeas corpus, and assumed legislative and executive powers for himself as president. In January 1973, Marcos proclaimed the ratification of a new constitution based on the parliamentary system, with himself as both president and prime minister.
The regime was also marked by widespread corruption and the consolidation of political and economic control by Marcos, his family, and close associates. Despite growth in the country's gross national product, workers' real incomes dropped, few farmers benefited from land reform, and the sugar industry suffered. In addition, the declaration of martial law allowed the Marcos family to hide secret stashes of unexplained wealth, which various courts later determined to be "of criminal origin".
In 1985, under mounting pressure, Marcos called a snap presidential election for February 1986. Marcos was declared the winner, but a public outcry over the election results precipitated a revolt that drove him from power. Corazon C. Aquino, the widow of opposition leader Benigno S. Aquino, Jr., assumed the presidency. Aquino abolished the 1973 constitution and began ruling by decree, eventually drafting a new constitution that was ratified in February 1987.
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Human rights violations
In the Philippines, martial law has historically been implemented through the Armed Forces, allowing the head of state to consolidate power. Under the current constitution, the president may declare martial law "in case of invasion or rebellion, when public safety requires it." Typically, the imposition of martial law involves curfews, the suspension of civil law, civil rights, and habeas corpus, and the application of military law to civilians.
The Philippines experienced a period of martial law from 1972 to 1981 under President Ferdinand Marcos. This period saw a series of human rights violations and crimes under international law. Amnesty International documented extensive human rights violations, including a pattern of widespread arbitrary arrests and detention, enforced disappearances, killings, and torture of people critical of the government or perceived as political opponents. Other civil society organizations, such as the Task Force Detainees of the Philippines and the International Commission of Jurists, have corroborated these findings.
During the Marcos regime, tens of thousands of people were arbitrarily arrested and detained, with many subjected to torture and ill-treatment. According to Amnesty International, 70,000 people were imprisoned, 34,000 were tortured, and over 3,200 people were killed during this period. The regime targeted opposition politicians, outspoken journalists, academics, and student demonstrators. Many of those arrested were held without trial and subjected to inhumane conditions and coercive interrogation techniques.
The imposition of martial law by the Marcos regime also led to the suppression of civil liberties and the consolidation of political and economic control by Marcos and his associates. Marcos dissolved Congress, suspended the writ of habeas corpus, and assumed legislative and executive powers for himself as president. He also implemented a series of macroeconomic interventions that had detrimental effects on the local economy, causing social unrest.
The human rights violations committed during martial law in the Philippines have had lasting impacts on the country. Despite the documentation of these crimes, the Marcos family has never apologized, and efforts to revise history and play down the severity of the violations have emerged. However, more than 11,000 victims have received reparations from the government, and the fight for truth, justice, and reparations continues.
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Military rule
In the Philippines, martial law has historically been implemented through the Armed Forces of the Philippines, serving as the head of state's primary tool for implementing political power. 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". This typically involves curfews, the suspension of civil law and rights, habeas corpus, and the application or extension of military law or military justice to civilians.
On 21 September 1972, President Ferdinand Marcos declared martial law, citing threats from communist and Islamic insurgencies, as well as violent student demonstrations, as justification. Marcos aimed to create a "New Society" under a system of "constitutional authoritarianism", which he believed would bring stability and economic reform to the country. This proclamation allowed Marcos to assume extensive powers, effectively sidelining the constitution, the judiciary, and the press. He dissolved Congress, suspended the writ of habeas corpus, and assumed legislative and executive powers for himself as president.
The imposition of martial law under Marcos led to widespread political repression, including the arbitrary arrest and detention of thousands of dissenters, such as political leaders, journalists, academics, and economists. Civil courts were superseded by military courts, and prisoners of the military were subject to torture and harassment. They were often held without trial and without being charged with a crime. The military's role expanded significantly during this time, with increased funding and personnel aimed at countering insurgency threats.
To maintain support for his Military rule, Marcos ordered several referendums to be held, the first of which took place in July 1973. This referendum was ratified by 90.77% of voters, although it was marred with controversy. In January 1973, Marcos proclaimed the ratification of a new constitution based on the parliamentary system, with himself as both president and prime minister. Despite initial public support for Marcos' order due to improvements in crime rates and urban cleanliness, general disillusionment with martial law grew during the 1970s as human rights violations and economic issues became more prevalent.
In 1985, under mounting pressure, Marcos called a snap presidential election for February 1986. Corazon C. Aquino, Benigno's widow, became the candidate of a coalition of opposition parties. Despite Marcos being declared the winner, a strong public outcry over the election results precipitated a revolt that drove him from power. Aquino assumed the presidency and abolished the 1973 constitution, ruling by decree until a new constitution was ratified in February 1987.
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Presidential powers
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". This typically involves curfews, the suspension of civil law and rights, and the application of military law or military justice to civilians. Civilians who defy martial law may be subjected to military tribunals.
President Ferdinand Marcos declared martial law in the Philippines on September 21, 1972, through Proclamation No. 1081, citing threats from communist and Islamic insurgencies as justification. Marcos aimed to create a "New Society" under a system of "constitutional authoritarianism", which he believed would bring stability and economic reform to the country. This proclamation allowed Marcos to assume extensive powers, effectively sidelining the constitution, the judiciary, and the press. He gave himself the power to govern the nation and direct all operations, including limitations on the judiciary, restrictions on the press, and special personal constitutional authority to create new governmental institutions.
Marcos's declaration of martial law led to widespread political repression, including the arbitrary arrest of thousands of dissenters, such as political leaders and journalists. He also dissolved Congress and assumed legislative and executive powers for himself as president. Marcos's consolidation of power enabled him to continue making laws and retain virtually all of his executive powers even after he formally lifted martial law in 1981.
The 1987 Constitution now includes safeguards to prevent a repeat of Marcos's regime. For instance, martial law is limited in duration and effects, and the Supreme Court is empowered to review all official acts to determine if there has been a grave abuse of discretion.
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Public opinion
When President Ferdinand Marcos declared martial law in September 1972, the public initially supported the order. This support was driven by concerns over rising disorder, violent student demonstrations, and the perceived threats of communist and Islamic insurgencies. The public also observed improvements in crime rates and urban cleanliness, which bolstered support for the initial imposition of martial law.
However, as time passed, public sentiment shifted as the long-term consequences of martial law became apparent. The regime's actions led to severe human rights violations, including the arbitrary arrest, detention, enforced disappearance, torture, and killing of thousands of people. This repression targeted political opponents, journalists, academics, and critics of the government. The regime also closed media outlets, arrested journalists, and imposed censorship, restricting the flow of information to the public.
The economic situation also contributed to the changing public opinion. Despite some positive indicators, such as growth in the country's gross national product, workers' real incomes dropped, and farmers struggled to benefit from land reform. This economic decline, coupled with political repression, led to growing disillusionment with martial law and the consolidation of power by Marcos and his associates.
By the time martial law was lifted in 1981, public sentiment had soured significantly against Marcos. This discontent culminated in his ousting during the 1986 People Power Revolution, following the assassination of his political rival, Benigno Aquino Jr. The period of martial law remains a pivotal and controversial chapter in Philippine history, with ongoing efforts to seek justice, reparations, and guarantees of non-repetition for human rights violations.
In more recent times, there has been concern over a disturbing revisionist narrative that attempts to play down the human rights violations committed during the Martial Law regime of the 1970s. This has prompted calls for all political candidates to prioritise human rights in their campaigns, especially given the rise in impunity for human rights violations during President Rodrigo Duterte's administration.
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Frequently asked questions
Martial law is when the military temporarily takes control of the government and is able to make and enforce laws.
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".
President Ferdinand Marcos declared martial law in September 1972, citing threats from communist and Islamic insurgencies as justification. This proclamation allowed him to assume extensive powers, effectively sidelining the constitution, the judiciary, and the press. Marcos dissolved Congress, suspended the writ of habeas corpus, and gave himself the power to legislate by personal decree. He also ordered the closure of media outlets and the arrest of outspoken journalists, academics, and opposition politicians.
