Categories: Politics & Government

Philippine Law: The Martial Law Power Of The President

 

     President Rodrigo Duterte has time and time again has expressly hinted the possibility of using his martial power if the situation in the Philippines deteriorates.

His latest pronouncement was few days ago in Mindanao (southern part of the Philippines), when he met with the local officials therein in relation with the current security concerns in that area i.e. terrorist group like the Abu Sayyap and the communist rebellion.

The President has categorically stated that he may place Mindanao in the state of martial law. Placing Mindanao or any part of the Philippines under martial law is a serious matter. It implies that the law and order or the peace and order situation has bogged down or really spin out of control.

Can the President declare or impose martial law? Many Filipinos are asking this very same question. Yes, the President can do so under the 1987 Philippine Constitution.

The Philippine President has all the executive power and included in this power is his military power being the Commander-in-Chief of all the armed forces of the Philippines.

Such power is based upon Section 1 and Section 18, Article VII Executive Department of the 1987 Philippine Constitution, which respectively provides, to quote:

“Section 1. The executive power shall be vested in the President of the Philippines.” and “Section 18. The President shall be the Commander-in-Chief of all the armed forces of the Philippines and whenever it becomes necessary, he may call such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of rebellion or invasion, when the public safety requires it, he may for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

Therefore, it is very clear that the President has the constitutional and legal power to impose or declare martial law.

Whether it is advisable or politically correct at this stage to place Mindanao under the State of Martial will involve a careful examination of all the existing circumstances.

 

Related Post

Image source: http://markpogi0121.blogspot.co.nz/2012_09_01_archive.html

 

 

 

 

 

 

 

     

     




  • Arnold Cruz

    View Comments

    • I hope he will not declare it. We who had experienced it still had the nightmares of what happened during that time. The millennials do not know it, only from the books, or if their parents told them about it.

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