BATAS MILITAR
- Harvey John Aguillon
- Jul 31, 2017
- 3 min read
Martial law is an extreme and rare measure used to control society during war or periods of civil unrest or chaos. According to the Supreme Court, the term martial law carries no precise meaning. However, most declarations of martial law have some common features. Generally, the institution of martial law contemplates some use of martial force. To a very extent, depending on the martial law order, government military personnel have the authority to make and enforce civil and criminal laws. Certain civil liberties may be suspended, such as the right to be free from unreasonable SEARCHES AND SEIZURES, FREEDOM OF ASSOCIATION, and FREEDOM OF MOVEMENT. And the writ of HABEAS CORPUS may be suspended.
Martial law on the national level maybe declared by the Congress or the President. Under Article I, Section 8, Clause 15, of the Constitution. Congress has the power to provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel invasions. Article II, Section 2, Clause 1, of the Constitution declares that the President shall be Commander in Chief of the Army and Navy of the Philippines. However, The Supreme Court has interpreted both to allow the declaration of martial law by the President or Congress. (http://legal-dictionary.thefreedictionary.com/Martial+Law, 2017)
On September 21, 1972, President Ferdinand E. Marcos placed the Philippines under Martial Law. The declaration issued under Proclamation 1081 suspended the civil rights and imposed military authority in the country. Marcos defended the declaration stressing the need for extra powers to quell the rising wave of violence allegedly caused by communists. The emergency rule was also intended to eradicate the roots of rebellion and promote a rapid trend for national development.
In my opinion, Martial Law then was very necessary due to widespread rebellion and complete anarchy in the Philippines. President Ferdinand Marcos had to do it together with the congress supposed that martial law is the solution to this improbable actions by the communist individuals and locals. It was clearly a timely and appropriate proclamation. I’m not saying this just because I’m a pro-Marcos but it is the truth that individuals nowadays are blind to seek to the very reality of proclaiming martial law. Sure you can’t deny that there were disadvantages but there were more advantages during that time. It’s not only President Ferdinand Marcos’s conclusion but also the Congress of the Philippines approved the so called Proclamation 1081 which was the suspension of the civil rights and imposed military authority in the country. If I was in the situation of the Late President, I would definitely have done this with no hesitancy and regret. My only question is, why people now only know the disadvantages of the martial law then and the result of this disadvantages has let history judged the Late President Ferdinand Emmanuel Edralin Marcos.
People can define what love is yet can’t even tell what does Martial Law means. How can they go day by day living in the realm of made up stories about what happened during the Martial Law without knowing what really happened in the first place? People reacts aggressively towards Martial Law yet when you ask them what is Martial Law they go speechless, they don’t even have any little knowledge about it. They can write up long sweet messages for their love ones but can’t even write an essay about Martial Law. They go crazy finding the reason behind their break ups but can’t find any time to read or seek for the truth behind Martial Law insane stories. How can people call other people when they are the stupid themselves? Too stupid to believe hearsays or stories from people who haven’t really experienced Martial Law. Too easy for them to point their fingers yet totally clueless about what happened. Too easy for them to react on things yet doesn’t have any background about it. Just as a blind person, they only see the pitch black colour of everything when in fact there’s this light reaching out to them. Too blinded with the hearsays and stories that were never proven. Why would you fear Martial Law when its sole duty is to keep us people safe from harm? Who would prefer living on a place where crimes are just there lurking and ready to approach you? There’s no leader who wants to let his people swim on danger. In fact, Duterte’s extra judicial killing is way worse than Marcos’ Martial Law. And, compare how Cory Aquino handled the country and how Ferdinand Marcos’ ruled the country, Cory is nothing but one of the parasites of this sick country. It was Cory dragged us down right after Marcos brought us up, always remember that.
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