Martial law derogates democracy with widespread repression and curtailment of civil liberties instead of “saving democracy”.

It is a tool to arrogate power and impose military rule for contrived excuses.

In order to foreclose the abuses of a martial law regime, the 1987 Constitution mandates the following limitations and safeguards on the imposition of martial law and the suspension of the privilege of the writ of habeas corpus:

1. The requisite factual basis for declaration of martial law and the suspension of the privilege of the writ of habeas corpusis limited to “invasion or rebellion, when public safety requires it”. The alternative ground of “imminent danger” of rebellion or invasion as found in the 1935 and 1973 Constitutions has been obliterated in the 1987 Constitution. 

2. The effectivity of martial law is limited to “a period not exceeding sixty days”, unless extended by initiative of the President with the concurrence of the majority of all the Members of the House of Representatives and the Senate voting jointly, but with the same intent to delimit any extension.

3. “Within forty-eight hours from the proclamation of martial law or the suspension of privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress”.

4. “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”.

5. The congressional “revocation shall not be set aside by the President.”

6. “The Congress, if not in Session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need for a call.”

7. “The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.” 

8. “A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.”

9. “The suspension of the privilege of the writ of habeas corpusshall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.” 

10. “During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

The declaration of the Marcos martial law is commemorated not to celebrate a national tragedy but to remind Filipinos not to forget the atrocities and plunder it spawned, and also to resist its resurgence.

It is inordinately shameful that while the 47^th anniversary of Marcos’ martial rule is marked, martial law in the entire of Mindanao has been extended repeatedly, even as the country continues to experience the repression of press freedom and the persecution of human rights defenders, among other victims, reminiscent of the martial law years.

The imposition of Marcos’ marital law is also commemorated to counter revisionist attempts to deodorize the odious regime and highlight pseudo Marcos achievements even as the sins of the Marcoses are sanitized and hidden under the ugly rug of historical perfidy.

Many believe that today there is an undeclared martial law in the entire country where the rule of law is flaunted, due process transgressed, human rights violated and authoritarianism persists. 

Filipinos must never forget the tragedy of martial law and must not forgive the perpetrators and beneficiaries of martial law. National amnesia must be purged as an abhorrent malaise.

EDCEL C. LAGMAN