WHAT MARTIAL LAW?

By Philip M. Lustre Jr. 

SINCE yesterday, I have been receiving the purported “leaked memo” from the PAF re martial law. Since I did not open it, I did not know its contents. I was not even sure how I would describe the leaked memo (why “leaked, I truly don’t know, but that was how they added mystique to a simple piece of paper).

I told several netizen-friends, who shared on separate occasions the memo to me, that I, in no uncertain terms, refused to dignify that piece of paper. Why should I? The 1987 Constitution is clear on the grounds for martial law. The incumbent president can only declare martial law on two major grounds: lawlessness and amed invasion or rebellion. Neither of the two conditions exists. Moreover, the Constitution does no mention any epidemic or pandemic as ground for martial law. Why martial law declaration?

Those pictures showing Filipino people going out despite the lockdown were fake news. They were taken before the pandemic. My lady friend Nangni clearly pointed out in a vigorous exchanges of PMs that it was near to impossible for those people to mill around those public markets. Bolstering their fake nature, Nangni pointed out the sheer number of soldiers and police officers who have put checkpoints and other barricades to minimize mobility of the people they have sworn to serve.

Granting that those picture were authentic, it could be argued too that the people were not resorting to lawless violence. These people were buying foodstuffs to feed their hungry families. What’s wrong with feeding their families? They should be admired instead for their determination to feed their families in these trying times.

Moreover, I don’t want to engage in some sterile discussions. The lockdown is about to end by the end of April. Somehow, we have to resume our normal activity. We have to break those barricades and checkpoints to show a semblance of normalcy. The overwhelming show of police and military power would have to end.

Hence, the stupid use of military and police solution to an essentially a major health issue would have to end or minimize. The police and military institutions would have to take a backseat. It could be surmised the discussions on martial law declaration were their way to confer some relevance in a post-lockdown era.

Below is the constitutional provision on grounds for martial law declaration.

ARTICLE 7, SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he 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 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 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 public safety requires it.