First Martial Law in the Philippines

Martial law – or a state in which a particular region (or the whole country) is under the control of the military or armed forces – is most often associated with former President Ferdinand Marcos. But few people know that the deceased strongman was not the first to explain it. Within forty-eight hours of the imposition of martial law or the suspension of habeas corpus privilege, the President shall submit a report to Congress in person or in writing. The Congress may revoke such proclamation or suspension by a majority of at least a majority of all its members in ordinary or extraordinary session, the removal of which may not be revoked by the President. At the initiative of the President, Congress may, likewise, extend such proclamation or suspension for a period to be determined by Congress if the invasion or rebellion continues and if public safety so requires. There has been some controversy as to whether the ambush on Enrile, which was used as one of the justifications[50] for declaring martial law, was staged. However, Enrile himself denied that this was staged in his memoirs and defended the imposition of martial law:[83] Amnesty International continues to demand truth, justice and reparation for all victims of martial law, including the government`s continued efforts to prosecute all those responsible for atrocities committed during martial law. The Lumads, or the non-Muslim indigenous peoples of Mindanao, have spoken out vehemently against the imposition of a war regime based on previous experiences with martial law during the Marcos dictatorship. After 3 months since the imposition of the war regime, many human rights violations have been recorded by independent human rights organizations. These violations, caused by the Armed Forces of the Philippines and the Philippine National Police, included the bombing of Lumad schools, the food blockade against Lumad communities that forced the Lumads to starve and move away from their ancestral lands, the conquest of ancestral lands of the indigenous Lumad, the killing of suspected Lumads who are believed to be part of the NPA despite the lack of concrete investigation.

the censorship of various media outlets in Lumad communities and the murder of many Lumad leaders, which dealt a blow to Lumad morality. President Rodrigo Duterte himself has expressed his approval of the bombing of Lumad schools in a public speech. [103] [104] On January 2, 1942, after the capture of Manila, the commander-in-chief of the imperial forces, Lieutenant General Masaharu Homma, declared martial law in all occupied territories. Under martial law, the regime was able to reduce violent urban crime, collect unregistered firearms, and suppress communist uprisings in some areas. At the same time, a number of important new concessions were made to foreign investors, including a ban on strikes by organized workers and a land reform program. In January 1973, Marcos announced the ratification of a new constitution based on the parliamentary system, with himself as president and prime minister. However, it did not convene the transitional legislation requested in that document. Amid escalating conflicts in Mindanao and recent clashes in Marawi City linked to the Maute group, interim President Rodrigo Duterte placed Mindanao and surrounding islands under martial law at 22:00 (UTC+8) on May 23, 2017. [99] This was announced at a briefing in Moscow, where President Duterte was on an official visit, and will be in effect for 60 days. Presidential spokesman Ernesto Abella said the declaration was possible given the «existence of the rebellion,» while Foreign Minister Alan Peter Cayetano said the decision was made with «the safety, lives and property of the people of Mindanao in mind.» [100] Implementation is carried out in accordance with the 1987 Constitution, which provides for a maximum of 60 days of war without congressional approval for the extension, maintenance of governmental functions, and protection of individual liberties.

However, President Duterte insisted that this would be no different from martial law under President Marcos. [101] Typically, the imposition of martial law is accompanied by curfews, suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or justice to civilians. However, during Marco`s war, only the habeas corpus arrest warrant was suspended. Civilian and military courts are practically the same thing. Civilians who oppose martial law may be subject to military courts (court martial). Although Marcos out of 17. In January 1981,[71] human rights violations continued and continued until the end of Marcos` term as president after the 1986 EDSA revolution. A report[72] by the International Commission of Jurists (ICJ) on his mission to the Philippines from December 31, 1983 to January 14, 1984 documented various human rights violations such as murder or «recovery,» arbitrary arrests, and widespread detention for political crimes and torture. [72] These abuses had acquired a form of legal color because many of the crimes for which political prisoners had been imprisoned had been legalized by Marcos in the form of presidential decrees after he took over legislative power to legislate. For the purposes of this Proclamation, the President of the Republic of the Philippines hereby assumes all governmental powers essential or related to the establishment and maintenance of martial law throughout the Philippines and shall exercise such powers and perform such functions to that extent in person or by delegation to the existing and organized civil authorities. or new agencies or instruments that it may create from time to time, depending on the needs of the situation,» he added.