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President Rodrigo Duterte’s threat of imposing martial law swings like a menacing pendulum.

At one instance he would manifest a desire to declare martial law. At another instance, he would profess that he would not declare martial law and calls any such declaration “stupidity”.

Then he announces that he wants the removal of the oversight powers of the Congress and the Supreme Court, which delimit and revoke a presidential declaration of martial law.

Now he says that no one can prevent him from declaring martial law if the drug problem becomes virulent and he would even transcend constitutional limitations.

No amount of virulence of the drug menace can be a constitutional anchor for the imposition of martial law because under the Constitution, the declaration can only be based on the existence of invasion or rebellion when public safety requires it.

Aside from heeding the restrictions of the Constitution, President Duterte must also respect the overwhelming consensus of the people, 74% of whom say in a recent nationwide survey that they are against the revival of martial law to solve the nation’s pressing problems.

 

EDCEL C. LAGMAN