REVIEW OF RELATED LETERATURE

Declaration of Martial Law

The imposition of martial law is an act of self-defense of the state; an act self-

preservation, based upon necessity. In the United states, the Supreme Court

had occasion to consider that martial law is founded on necessity and is inherent

in government unless the right and power exist, peace and good order security.

Government, itself may be destroyed and obliterated when the domination of

the mob becomes so powerful that it cannot be stayed by the civil authorities.

Consequently, while the constitution guarantee individual right and liberties in

such stereotyped phrase as "due process "and "equal protection of the laws"

yet, that in case of extreme conflict between such right and the preservation of

the State the former has to yield to the latter seems apparent from the above-

quoted provisions of the Philippine constitution (Desierto, 2012).

Military Functions during Martial Law

According to Altez (2017), during the declaration of martial law in

Mindanao and its extension by Congress, it is necessary to take a look at the

institution at the center of it all: the Armed Forces of the Philippines. In a liberal
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democracy such as ours, the military is under absolute civilian control. The

Commander in Chief of the AFP is the president, a civilian, appointed by the

sovereign people through a democratic election. This civilian control keeps the

military in check. However, a skilled and professionalized military must be

guarded by a civilian government to prevent the likelihood of society

transforming into a garrison state

Martial Law under Laurel’s Administration

On September 21, 1944, Japanese-installed President Jose P. Laurel

declared martial law through the country and suspended the writ of habeas

corpus by issuing Proclamation No. 29 titled “Proclaiming Martial Law

Throughout The Philippines,” after returning Allied forces bombed Davao three

days earlier. The declaration took effect a day later, at 9:00 AM of September

22, 1944. Under the Laurel martial rule, the country was divided into nine military

districts, seven of these corresponded to the administrative districts created

under Ordinance No. 31, dated August 26, 1944. The eighth district, meanwhile,

comprised the city of Manila, and the ninth, the city of Cavite and the provinces

of Bulacan, Rizal, Cavite, and Palawan. the Laurel military declaration did not

resort to issuing decrees or exercising a self-imposed law-making power but

allowed all existing laws to continue in force and effect unless the President

amended or repealed them (Figueroa, 2017).

Martial Law under Marcos’ Administration

Former President Ferdinand Marcos declared martial law on Sept. 21,

1972 and ruled the country until February 1986, when he was ousted by a

military-backed popular revolt. The Marcos regime was hounded by allegations

of corruption and torture. His heirs have denied the charges are on the verge of

a comeback on the national political scene. The Presidential Commission on

Good Government estimates $10 billion were stolen from public coffers during

the Marcos year. Only P170 billion has so far been recovered (Bigornia, 2018).

Marcos abolished the congress of the Philippines and over its legislative

power. Thus, Marcos became a one-man ruler, a dictator. Marcos described his

martial law government as “constitutional authoritarianism”. However, under the

Martial law, Marcos disregarded the constitution. For instance, he violated the

provision the guaranteed the Bill of Rights. Upon his orders, the military picked

up and detained thousands of Filipinos suspected of subversion. Marcos was a

suffering and a burden to innocent and civilian Filipinos at that time (Pacomios,

2000).
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Martial Law under President Duterte’s Administration

President Rodrigo Duterte on 10 p.m. Tuesday declared martial law in

the entire Mindanao Island amid the ongoing clashes between government

troops and Maute group terrorists in Marawi City, presidential spokesman

Ernesto Abella said. Abella, in a briefing in Moscow, said the President ordered

him to make the announcement. He said martial law in the area will be in effect

for 60 days, as stipulated in the Constitution. “This is on the grounds of

resistance and rebellion based on what is happening," he said. At least 1,100

people, mostly terrorists, were killed in the 5-month siege. Rehabilitation efforts

are ongoing. The terrorists were aiming to establish an ISIS stronghold in

Mindanao. Government and security experts believe that the threat ISIS poses

in the region remains, complicating efforts to bring the city back to normal.

Martial law in Mindanao will remain in effect until the end of 2018 after Congress

twice granted an extension. But there has been talk of possibly extending it

again after the series of bombings in the region (Mendoza, 2017).

Advantages of Martial Law

When the Martial Law was implemented, the whole country became

extremely disciplined. One notable change that the Filipinos would never forget
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was the strict observation of curfew. Just walk along the sidewalk past the

curfew time and the police would make some disciplinary actions. That is why

once the curfew time starts, the streets are as quite as a mouse and everybody

is stuck in their respective homes, safe and sound. With this strict policy, crime

rates totally went down the brink. In fact, during the time of Marcos, cases of

murders, theft and other similar offenses became so rare since the military was

visibly present and on guard all the time (Schulzke, 2010).

The Philippines was also actually placed in the map of the world. During

the first terms of Marcos, the economy was at its finest and Filipinos were living

a so-called contented life. Prior to the change in the way of administration, our

country was one of the most envied nations in Asia. Many companies invested

in the country’s business sector and the country was considered an ideal one.

Unemployment was substantially low and the peso-dollar rates were closely tied

to each other (Moore, 2015).

Disadvantages of Martial Law

In Marcos regime there were thousands of people killed in the long

protest, the Filipinos were also robbed their freedom and will they deserve

(Chavez, 2002)
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According to Moore the rules of the game for journalist practicing their

profession in the Philippines have changed dramatically since the declaration of

Martial Law. A once indomitable local press has been thoroughly cowed or co-

opted by the Marcos administration and a new style of “Laudatory Journalism

“has emerged under the careful scrutiny of the mass media council and the

department of public information (Fiestien, 2013).

Martial law in the Philippines decries the arrest of intellectuals,

journalists, and other critics of the government. Estimates of those imprisoned

range from eight to twelve thousand. In the three-month period after martial law

was declared, the Philippine Constabulary admitted that 8,261 had been

arrested. Because of censorship, it may never be known how many people were

really jailed. Nor is it known how many people are still in jail in the Philippines,

though it was estimated that in the first year of martial law, about 11,700 had

been jailed (Robles, 2016).

Economic Aspect in Martial Law

Since the Martial Law has been implemented it includes the curfew

where in no one allowed to go outside of their houses and the following days

the governments tighten the implementation of Martial Law and they mandated
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the residents to close their establishment to ensure that no one have no reason

to walk around in the streets (Altez, 2017).

In recent, Martial Law of Marcos administration according to Filemon

(2000) the Philippines economy growth is likely to be more sustainable due to

prudent economic management the debt burden has steadily declined. In fact,

in the recent European economic crisis the Philippine became lender to trouble

European countries theory IMF a complete reversal of its crisis wracked debtor

status in early 1980s.

However, Flores (2017) defined economy aspect of Martial Law could

the effect the domestic and foreign tourism industry in Mindanao if this situation

escalates and extends beyond 60 days and if Martial Law is declared in whole

of the Philippine in not contained anymore.

Social Aspect in Martial Law

According to Diola (2017) the declaration of Martial Law would lead to

community that they helped each other through following and abiding the law

that surpassed the hazard in the communal.

In addition, after the implementation of Martial Law it would be the harsh

one to the people who disobey the rule of law but it will lead to humane to those

who follow the law.

However, there are undesirable effects also as Galang (2017) said as I

noted that there is some complained about the curfew that there is no

transportation in late night that leads them in a difficult life especially to our

tricycle driver

Nevertheless, Almendras (2017) cited that the declaration of Martial Law

due to dispute between the government and the Maute Terrorist to have an

effect to the community of the Filipino. If the implementation well and resolve in

a short period of time, experts stated that this Marawi incident will not be threat

to our society.

Political Aspect in Martial Law

According to Bill of Rights section 1 no person shall be deprived of life,

liberty, or property without due process of law, nor shall any person be denied

the equal protection of the laws but since the implementation of Martial Law the

habeas corpus may be suspended wherein this writ allows persons who are

unlawfully imprisoned to gain freedom through a court proceeding.

Aside from that Teodoro (2017) stated apart from his obvious political

self-interest, and more certainly the military leadership may have become

genuinely concerned over socio-political trends in the Philippines. He may

sense growing public disgust with the epidemic crime and corruption which
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served to defy solution under the Philippines traditional system of government

dominated by competing business oligarchy.

On the other hand, according to Neely (2009) Marcos had force his share

of spoils under this system, he may have calculated that only drastic political

reform would reverse a steadily crumble the situation which threaten to increase

public support for radical political elements.

SYNTHESIS

Martial law is an act of self-defense of the state; an act self-preservation,

based upon necessity. Under the constitution, only a president of a certain

country had the power to declare this action. However, there are some grounds

to consider in declaring it.

In Philippines, there are three (3) Presidents who imposed martial

law. But, the most unforgettable one is the declaration from Marcos’

administration. It lasted for long period of time and many people witnessed the

cruelty and terrifying effect of Martial Law. Through the declaration, the

government took away the Filipino’s rights and suspended the due process of

law. He also abolished the congress of the Philippines and over its legislative

power and Marcos became a one-man ruler, a dictator.

However, after all the things that Marcos’ administration did in the

Philippines, the country was still able to be placed in the map of the world.

During the first terms of Marcos, the economy was at its finest and Filipinos

were living a so-called satisfying life. Unemployment was substantially low and

the peso-dollar rates were closely tied to each other. The cases of murders,

theft and other similar crimes became so occasional since the military forces

was visibly present.

Presently, Duterte also declared martial law in the entire Mindanao Island

amid the ongoing clashes between government troops and Maute group
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terrorists in Marawi City. This declaration is to ensure the security and safety of

the people and also to mobilize the situation in Marawi. Since Martial Law has

been implemented it includes the curfew where in no one allowed to go outside

of their houses and the following days the governments tighten the

implementation to guarantee the peace and order in Mindanao.

In addition, although many issues of the Martial Law in the past has been

remarkable. Somehow, the implementation of Martial Law in Mindanao is in safe

hands because it only relied on the constitution and people has already

knowledge to this declaration and also to their rights.