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  1. Home
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  3. January
  4. 17
  5. Martial law in the Philippines

Events on January 17 in history

Martial law in the Philippines
1981Jan, 17

President of the Philippines Ferdinand Marcos lifts martial law eight years and five months after declaring it.

The President of the Philippines (Filipino: pangulo ng Pilipinas, often referred to as presidente ng Pilipinas) serves as the nation's supreme leader, uniquely holding the dual roles of both the head of state and the head of government. This powerful position underscores the Philippines' political system as a unitary presidential republic, where executive authority is vested solely in the President. As the chief executive, the President leads the entire executive branch of the Philippine government, ensuring the effective implementation of laws and policies across the archipelago. Furthermore, the President is constitutionally designated as the Commander-in-Chief of the Armed Forces of the Philippines (AFP), commanding all branches of the military to defend the nation's sovereignty and protect its people.

The President's mandate is derived directly from the Filipino people through popular vote, making it one of only two nationally elected executive offices in the country, the other being the Vice President of the Philippines. This direct election mechanism reflects the democratic principles enshrined in the Philippine Constitution, granting the President a strong popular mandate. However, the nation's history also recounts instances where the Vice President assumed the presidency without having been directly elected to that specific office. Four Vice Presidents have ascended to the highest office by virtue of a sitting president's intra-term death or resignation, including Sergio Osmeña, Elpidio Quirino, Carlos P. Garcia, and Gloria Macapagal Arroyo. This constitutional provision ensures seamless continuity of governance even in unforeseen circumstances.

Filipinos commonly refer to their President using the local terms "pangulo" or "presidente," both widely understood across the country. The presidential term is strictly limited to a single six-year period, a provision designed to prevent the concentration of power and promote democratic rotation. Under this stringent constitutional rule, no individual who has served more than four years of a presidential term is permitted to run for or serve again in the office, reinforcing the principle of accountability and fresh leadership. On June 30, 2016, Rodrigo Duterte was officially sworn in as the 16th President of the Philippines, commencing his single term in office.

FAQ: The Philippine Presidency

What are the primary roles of the President of the Philippines?
The President of the Philippines serves as both the head of state and the head of government. This includes leading the executive branch of government and acting as the Commander-in-Chief of the Armed Forces of the Philippines.
How is the President of the Philippines elected?
The President is directly elected by the Filipino people through a national popular vote, making it one of the two nationally elected executive positions, alongside the Vice President.
Are there term limits for the Philippine President?
Yes, the President of the Philippines is limited to a single six-year term. An individual who has served more than four years of a presidential term is constitutionally prohibited from running for or serving in the office again.
Who was the 16th President of the Philippines?
Rodrigo Duterte was sworn in as the 16th President of the Philippines on June 30, 2016.

Martial law in the Philippines (Filipino: Batas Militar sa Pilipinas) refers to the various historical instances in which the Philippine head of state has invoked emergency powers to place all or part of the country under direct military control. This extraordinary measure represents a significant departure from normal civilian governance, temporarily shifting authority from civilian institutions to the military. While most prominently associated with the administration of Ferdinand Marcos, martial law has been declared on other occasions throughout Philippine history.

Historical Context of Martial Law

Beyond the well-known Marcos era, martial law was also implemented during the Philippines' colonial periods, notably under Spanish and American rule, during the tumultuous Second World War under Japanese occupation, and more recently on the island of Mindanao during the administrations of Gloria Macapagal Arroyo and Rodrigo Duterte. The term "Martial Law Era" is, however, typically used to specifically denote the period of Ferdinand Marcos's rule from the declaration of Proclamation No. 1081 on September 21, 1972, until its official lifting on January 17, 1981, although the suppressive apparatus remained largely in place until the EDSA People Power Revolution of 1986. During this time, the Armed Forces of the Philippines and its predecessor bodies served as the head of state's primary tool for implementing political power, often reversing the normal practice of civilian control over the military.

Constitutional Framework and Implications

Under the current 1987 Philippine Constitution, which was ratified after the Marcos dictatorship, the power to declare Martial Law is strictly defined and limited. The President, in their capacity as head of state and Commander-in-Chief of the armed forces, may declare Martial Law or suspend the privilege of the writ of habeas corpus only "in case of invasion or rebellion, when the public safety requires it." This provision reflects a deliberate effort to prevent the abuses of power seen during the Marcos regime. Unlike many other countries that might utilize a different legal construct such as a "state of emergency" for similar situations, the Philippines retains the specific legal concept of "Martial Law."

Typically, the imposition of martial law is accompanied by a range of strict measures, including curfews, the suspension of civil law, certain civil rights, and the privilege of the writ of habeas corpus. It also involves the application or extension of military law or military justice to civilians, meaning that civilians defying martial law may be subjected to military tribunals (court-martial). However, a crucial distinction exists when comparing the Marcos era with the present constitutional framework. While the privilege of the writ of habeas corpus was suspended during Marcos's martial law, leading to arbitrary arrests and indefinite detentions without charges, the 1987 Constitution introduced significant safeguards. Under the current constitution, Congress can revoke the proclamation of martial law, and the Supreme Court can review the factual basis of such a declaration, ensuring checks and balances against potential overreach.

FAQ: Martial Law in the Philippines

What is Martial Law in the Philippines?
Martial Law refers to instances where the Philippine head of state places all or part of the country under military control, temporarily superseding civilian authority.
When was Martial Law most notably declared in the Philippines?
The most prominent declaration of Martial Law occurred during the administration of Ferdinand Marcos, from 1972 to 1981, often referred to as the "Martial Law Era."
What are the constitutional grounds for declaring Martial Law in the Philippines under the 1987 Constitution?
Under the current 1987 Philippine Constitution, the President may declare Martial Law only "in case of invasion or rebellion, when the public safety requires it."
What rights are typically affected during Martial Law?
During Martial Law, measures like curfews, suspension of civil law and some civil rights, and the privilege of the writ of habeas corpus may be implemented. Civilians may also be subjected to military tribunals for certain offenses.
Are there checks and balances on the President's power to declare Martial Law under the 1987 Constitution?
Yes, the 1987 Constitution includes significant safeguards: Congress can revoke the proclamation, and the Supreme Court can review its factual basis, providing crucial checks on executive power.

References

  • President of the Philippines
  • Ferdinand Marcos
  • Martial law in the Philippines

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