35. ML IN MODERN TIME

ML IN MODERN TIMES

Dr. Troy Alexander G. Miano

23 May 2017

Whenever we hear the term “Martial Law”, almost everybody refers to Proclamation No. 1081 issued by President Ferdinand Marcos on September 21, 1972 which lasted up to January 17, 1981. I was born in that era and was labelled as “Martial Law Baby”. Browsing our history books, there are six instances when martial law was declared in the Islands contrary to the common knowledge that it was only Marcos who declared martial rule.

At 10:00 p.m. today, President Rodrigo Duterte placed Mindanao and its nearby islands under the martial law amid the escalation of conflicts in Mindanao and recent clashes in Marawi City related to the Maute Group. This was announced during a briefing held in Moscow (Russia), where the President was on an official visit, and will be in effect for 60 days. Presidential Spokesperson Ernesto Abella said the declaration was possible given the "existence of rebellion," while Foreign Secretary Alan Peter Cayetano explained that the step was taken with of "the safety, the lives and property of people of Mindanao" in mind. Implementation is to be pursuant to the 1987 Constitution, which provides for a maximum 60 day-state of martial law without Congress approval for extension, the continuation of government functions, and the safeguard of individual freedoms. However, President Duterte insisted that it will not be any different from martial law under President Marcos.

Spanish Governor-General (1893-1896) Ramón Blanco, 1st Marquis of Peña Plata (1833-1906) declared a “state of war” on August 30, 1896 in the eight provinces of Manila, Bulacan, Cavite, Pampanga, Tarlac, Laguna, Batangas, and Nueva Ecija and placed them under martial law when the revolt lead by Andres Bonifacio spread in these areas during the Philippine Revolution. These probinsyas would later be represented in the eight rays of the Sun in the Philippine flag. Despite such declaration, which provided a 48-hour period in giving amnesty to rebels except their leaders, Blanco adopted a cool, conciliatory stance, seeking to improve Spain’s image in the face of world opinion.

During the short administration of President (1899-1901) Emilio Aguinaldo (1869-1964) he proclaimed a dictatorial government on May 23, 1898 (Aguinaldo says it was effective on May 24) and has assumed the position of dictator. This was done with the recommendation of Apolinario Mabini, who just has been designated as Aguinaldo's adviser and saw the opportunity to reorganize local government. On June 12, at Aguinaldo's ancestral home in Cavite, Philippine independence was proclaimed and The Act of Declaration of Philippine Independence was read. On June 18, Aguinaldo issued a decree formally establishing his dictatorial government. On June 23 another decree signed by Aguinaldo was issued, replacing the Dictatorial Government with a Revolutionary Government, with himself as President.

President  (1943-1945) José P. Laurel (1891-1959) of the wartime  Second Philippine Republic placed the Philippines under martial law in 1944 through Proclamation No. 29, dated September 21 amidst continued pressure from the Japanese for him to mobilize Filipinos to fight together with Japan. Martial law came into effect on September 22, 1944. Proclamation No. 30 was issued the next day, declaring the existence of a state of war between the Philippines and the US and Great Britain. This took effect on September 23, 1944. The president, however, did not have it ratified by the National Assembly to make it legally binding.

Martial Law in modern times included Proclamation No. 1959 signed on December 4, 2009 by President Gloria Macapagal Arroyo officially placed Maguindanao province in Mindanao under a state of martial law, thereby suspending the privilege of the writ of habeas corpus. Executive Secretary Eduardo Ermita said the step was taken in order to avert the escalation of "lawless" violence in the province and pave the way for the swift arrest of the suspects in the massacre. Following the declaration, authorities carried out a raid on a warehouse owned by Andal Ampatuan, Jr. The raid resulted in the confiscation of more than 330,000 rounds of 5.56×45mm NATO ammunition, a Humvee, and an improvised armored vehicle. Twenty militiamen were arrested on the premises. Captain James Nicolas of Special Forces was able to retrieve more high powered firearms and ammo after the incident. The state of martial law in Maguindanao was lifted on December 13, 2009.

Typically, the imposition of martial law accompanies curfews, the 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). Our family had a first-hand experience of Martial Rule. My parents were young activists before they met in the metropolis. My Mom, while teaching at the La Salette College, was a street parliamentarian in Santiago, Isabela together with 1971 Constitutional Convention Delegate Heherson T. Alvarez (who would later become senator). My Dad was a radio commentator in Calbayog City, Samar, together with his brother Felimon Jr. and his cousin Ricardo P. Avelino, a grandson of Senate President Jose D. Avelino. He was “invited” but was imprisoned instead at Camp Vicente Lim in the capital-town of Catbalogan hours after the implementation of martial rule in 1972. He was later released from istaked and went to Manila where she met my Mom. As I grew up in this era, I could recall my parents joining a noise barrage on January 17, 1981 right near our rented apartment in Kamias, Quezon City only to realize years later that Proclamation No. 2045 was signed that day ending eight years and four months of martial law in the Philippines. I also remember my dad would hide under the bed our subscription of the Malaya, a daily broadsheet newspaper founded by Jose Burgos, Jr. in 1981 and known for being one of the publications that fought the presidency of Marcos. We were afraid that neighbours would tip us to soldiers and the Philippine Constabulary-Integrated National Police (PC-INP) that we were regular subscribers and readers of the Malaya.

While the Duterte’s declaration does not currently affect citizens and government units in Luzon or the Visayas, he suggested that he might extend martial law to the entire country if needed to "protect the people." Being a martial law baby, I should at all cost denounce Martial Law but times have changed, sometimes our president needs to impose this unpopular rule to suppress lawlessness and disorderliness in the metropolis and the countryside. God Bless the Philippines!