Ateneo de Davao University

Jacinto, Davao City

Martial Law Retrospect in relation with Duterte's Recent Declaration

in fulfillment of the requirements of

Introduction to Political Analysis and Research

Submitted by

Enriquez, Thea Dara Mae O.

AB Political Science 3A

Submitted to

Diaz, Christine

October 19, 2020

 Introduction

Martial law has been declared all over Mindanao by President Rodrigo Duterte due to the
ongoing clashes between the government troops and ISIS-inspired Maute terrorists in Marawi,
Lanao del sur which started way back May 23, 2017. The said implementation was to ensure the
safety of the civilians and neighboring cities and provinces surrounding Marawi. On July 7,
2017, the death toll from the clashes already reached more than 400, 303 from Islamist militants,
44 from civilians, and 75 from government troops (Morallo, 2017). The Maute terrorists also
torched several facilities in the city including St. Mary's Church, the city jail, Ninoy Aquino
School, and Dansalan College (Mendoza, 2017). A lot of civilians were affected, some were
even held hostages and buildings and houses set ablaze. As a result, mass evacuation sparked in
the whole city. These scenarios generated a lot of reactions from Filipinos, both negative and
positive, from the clash, up to the implementation of martial law. This was no surprise as the
issue of martial law in the Philippines remains a hot-button topic after former President
Ferdinand Marcos imposed it in the whole country from 1972-1981.

Globally, some people say that Martial law may affect the economic growth of a country.
But, according to Dominguez (2017) The President is determined to protect the lives of innocent
civilians and he will apply everything within his legal means to stop these extremist terrorist
groups from further threatening the people of Mindanao and undermining government efforts to
lift people up from poverty and transform southern Philippines into a major growth center and
investment destination. People start to wonder if it will be a major let down if this war is still at
stake. In the national scene, control of movement, searches and arrest of detained people and
suspension of writ of habeas corpus is observed. It shows that martial law affects people's
perception whether they are harassed or not. The said implementation enables the armed forces
to be more than the law itself. It us up to the people which side they are on between the
government or the activists (Lorenzana,2017). Locally, as stated by the Group Karapatan (2017)
it will never result to anything but gross violations of people's rights. The implementation itself
will raise the horrendous abuses by the armed forces. It will make them invincible to bother due
to the effectivity of not having Writ of Habeas Corpus in the affected areas of this fight between
the Maute Group.Several people in this given parts of the country may be deprived of their right
as a human being.

This research aims to find out whether the implementation of martial law in Mindanao
improved the lives of the residents economically, socially and in terms of security. Furthermore,
this study will help the future researchers to become more knowledgeable about the 2017
declaration of martial law by President Rodrigo Duterte. Moreover, the people in the community
could also deepen their understanding regarding martial law and will be able to see how its
implementation has affected the lives of the Mindanaoans.

Problematic Situation

The general problem of martial law itself is the fact that it violates the rights of people in
different platforms economically, socially and politically. As legally defined, Martial Law is a
system of complete control by a country's military over all activities, including civilian, in a
theoretical or actual war zone, or during a period of emergency caused by a disaster such as an
earthquake or flood, with the military commander having dictatorial powers (Legal Dictionary,
n.d.). Marcos announced military law in September 1972, guaranteeing that the nation was
confronted with insurgencies from both the left and the right. In the economical aspect, he
assembled and formed a gathering of finance managers and utilized official pronouncements and
letters of guidance in order to furnish them with imposing business models known in the realm of
the economy. He also began to direct assets to himself and his partners which was then classified
as the "sidekick private enterprise." By the time Marcos fled the Philippines, syndication rose
dramatically and defilement had seriously disabled and punctured the economy. This propensity
was not all that self-evident. Marcos' endeavors to make a new Philippines were upheld broadly
by the business network, making the inflow of global capital expanded drastically. Martial law is
considered as an automatic general concern in our country due to the history that we, the
Filipinos, have experienced. Not only did thousands of people die, martial law signified the death
of these people’s voices and pleas as well. Thus, the problematic situation in this analysis is
the implementation Martial law itself, declared by a different leader, President Rodrigo R.
Duterte, which could possibly degrade a citizen’s economic, social and political right.

Review of Related Literature

Martial Law: A Retrospection

When Ferdinand Marcos became the President of the Philippines in 1956, the country
was considered as one of the great models of Third world economic and political success,
Marcos was also acknowledged as one of the most brilliant lawyers in Asia that time (Overholt,
1986).

Proclamation no. 1081 or Marcos’ Martial Law left distraction and confusion among
Filipinos. Human rights were neglected and people were abused. The military were the ones who
managed and controlled the laws; official’s right to rule was deceased due to the power Marcos
took over traditional election was not made that is why he was the president of the Philippines
for more than 20 years (The Philippines During Martial Law, 2017).

Martial law has been imposing positive and negative effects to Philippines that led to
debatable situations which are still evident until now. These effects not only refer to the people
of the Philippines but also on its economic status and national policies itself.

According to Finance Secretary Carlos G. Dominguez III, there is no threat inflicted on

the economy of the country and that the military still controls the government installations and
major infrastructures. Also, Martial Law declared by President Rodrigo Duterte ensured that
business transactions would not be affected and business facilities are protected from the threat
of terrorism (as cited in De Vera, 2017). The National Economic and Development Authority
(NEDA) released the statement, that the economy will not be affected despite temporary
disruptions brought by pending policies, programs, and projects. (National Economic and
Development Authority, n.d).
 According to Human Rights Watch (2017), President Rodrigo Duterte’s declaration of
Martial Law in Mindanao suspended the writ of habeas corpus and empowered the Philippine
military to supersede civilian authorities in enforcing the law.

During the Marcos’ regime, torture has been one of the ways to punish those who resist
in abiding the rules. The most common physical tortures were; electric shocks, Russian roulette,
beating, pistol-whipping, strangulation, cigar and flat iron burns and pepper torture. Where
Filipinos were treated like animals by their fellow countrymen.

Torture is used to extract confessions from people suspected to be involved in treason,

insurrection and rebellion, or to make the victim implicate somebody. To do this to a small sector
of our society is meant to scare the community at large. The desired effect of this kind of ordeal
inflicted on political detainees was beyond physical. Unlike the wounds that are temporary and
may heal in a matter of days, being subjected to such an extreme kind of pain traumatized the
victims. These victims aimed to break the spirit. But the spirit of freedom despite torture, soared
among many of these freedom fighters who carried on fighting until victory was achieved in
1986.

To this day, the thousands of victims of the military rule imposed on the Philippines on
21 September 1972 still carry the marks of the torture these people suffered in the hands of the
military.

Proclamation No. 216

Martial Law has been a mark for Filipinos due to the past regime of the late president
Ferdinand Marcos. The said policy left injuries unaided because of the manslaughter committed
by the Armed Forces to protect the current administration by that time. The two-decade long
imposition cultivates the minds of the people to bring back their rights and never go back to that
certain position again. The recent implementation of Martial Law, by the Duterte Administration,
in Mindanao made the people speculate whether it will be used for his self-interest or not. It
made them aware of the last time this law has been passed and used it for power. Even if both
times have the same reason, the society still hopes that they will have different results.

Many people think that the currently imposed martial law is like imposing a military
government in the country. According to Gloria (1947), military government is exercised in time
of war in or outside the boundaries of a state, while martial law is simply public exigency
wherein growing pending war may still appear in the time of peace.

Martial law is a military government movement involving the suspension of ordinary

law. The government uses its power to enforce their rule over the public. Recently in Mindanao,
Martial law has been implemented due to the occurrence of rebellion. President Rodrigo Duterte
on May 23 set the whole Mindanao under military law following the assault of the Islamic State-
enlivened Maute gathering. The fight between government powers and the radical’s proceeds
with more than 400 dead and thousands dislodged (Tupas, 2017).
 Up to this day, Mindanao is still under the decree of Martial law. Undoubtedly, the
implementation of the rule has its effects to the country. Because of the brief time of this incident
and the desire for early resolution, there are undiscussed economic impacts that will be important
as the conflict stretches and drags out. Remote and residential tourism in Mindanao are now
influenced as foreign tourism warnings have been issued. Domestic travel to Mindanao from
different regions has been shortened. Airlines as of now have crossed out and diminished flights
to Mindanao territories, as have all traveler vessels by boat or bus (Almendras, 2017). Martial
law doesn’t only affect the country but also the people residing in the Philippines. Some of them
protested to put an end to the rule including those unaffected of the law and outside of Mindanao.
Larger part of Filipinos communicated support for the military law announcement of President
Rodrigo Duterte, a second Quarter Social Weather Stations review uncovered. The review,
discharged on Tuesday and led among 1,200 respondents from June 23 to 26, indicated 57
percent said "it is just that he announced it in the whole Mindanao" (Corrales, 2017). Drawing a
conclusion from the statement released, Filipinos in Mindanao who experienced terrorism are
cooperating with the Martial law to ensure their security.

This study aims to decipher whether the Implementation of Martial Law in Mindanao
was effective in making the lives of Mindanaoans safe, given its history. The literature started by
presenting the history of Martial Law and how political leaders implemented it here in the
Philippines. It further described how the implementation through different time drawn a positive
and negative effects to people specifically in all aspects of the Philippines. In conclusion, it
stated the importance of studying and understanding the functions of martial law in the society
and how it would affect the whole country.

As a whole, this study will serve as a support in providing the readers further
understanding and knowledge about the research topic, it will also give the researchers various
ideas that would guide them in crafting the research paper.
 Theoretical Framework

My concept map basically divides the central idea, which is Martial Law Retrospect in
relation with Duterte's current declaration, into three sub part. The first sub-part discusses about
what martial law is in general. In accordance with various articles that I have read in the web
about martial law, in broader terms, military law, or simply martial law, is a law controlled by
the military instead of a regular citizen government. Military law might be proclaimed in a crisis
or reaction to an emergency, or to control an involved area. The presentation of military law is
an uncommon and pivotal choice for a regular citizen government to make and for a valid
justification. At the point when military law is proclaimed, regular citizen control of a few or all
parts of government activities is surrendered to the military. This implies, on account of chosen
governments, the agents picked by the democratic populace are no longer in power. Regular
citizens have along these lines surrendered control of the nation in return for the likely rebuilding
of request with the likelihood that control may not be recovered later on. At the point when
military law is proclaimed, common freedoms, for example, the option to free development, free
discourse or insurance from nonsensical quests, can be suspended. The equity framework that
ordinarily handles issues of criminal and common law is supplanted with a military equity
framework, for example, a military council. Regular people might be captured for abusing
curfews or for offenses that, in ordinary occasions, would not be viewed as sufficiently genuine
to warrant confinement. Laws identifying with habeas corpus that are intended to forestall
unlawful confinement may likewise be suspended, permitting the military to keep people
inconclusively without the chance of plan of action. Thus, these being said, martial law is
basically called as an authoritarianism regime in disguise. In the Philippine setting, Forty-five
years ago, during the Martial Law of Marcos, it was believed that people experienced various
maltreatment and unjust practices and prejudice. Though others would testify that the said
Martial Law created a positive impact to the Philippine Economy by that time, the harm and
negative effects outweigh its advantages. With these experiences, people nowadays have
different perspectives and stand over the recent implementation of Martial Law in Mindanao by
President Rodrigo Duterte, whether it is a wise decision in resolving the peace and order here in
Mindanao or not. But firstly, let us focus on Proclamation No. 216 wherein Marcos’ Martial Law
left distraction and confusion among Filipinos. Human rights were neglected and people were
abused. The military were the ones who managed and controlled the laws; official’s right to rule
was deceased due to the power Marcos took over traditional election was not made that is why
he was the president of the Philippines for more than 20 years. During the Marcos’ regime,
torture has been one of the ways to punish those who resist in abiding the rules. The most
common physical tortures were; electric shocks, Russian roulette, beating, pistol-whipping,
strangulation, cigar and flat iron burns and pepper torture. Where Filipinos were treated like
animals by their fellow countrymen. Torture is used to extract confessions from people suspected
to be involved in treason, insurrection and rebellion, or to make the victim implicate somebody.
To do this to a small sector of our society is meant to scare the community at large. The desired
effect of this kind of ordeal inflicted on political detainees was beyond physical. Unlike the
wounds that are temporary and may heal in a matter of days, being subjected to such an extreme
kind of pain traumatized the victims. These victims aimed to break the spirit. But the spirit of
freedom despite torture, soared among many of these freedom fighters who carried on fighting
until victory was achieved in 1986. Thus, it is said that military government is exercised in time
of war in or outside the boundaries of a state, while martial law is simply public exigency
wherein growing pending war may still appear in the time of peace. This is one of the factors as
to why martial law is called “authoritarianism in disguise” and because it is considered
authoritarianism in actuality, human rights were violated in the ultimate level. Due to the
people’s personal experiences of martial law, the said policy left injuries unaided because of the
manslaughter committed by the Armed Forces to protect the current administration by that time.
The two-decade long imposition cultivates the minds of the people to bring back their rights and
never go back to that certain position again. Martial law has been imposing positive and
negative effects to Philippines that led to debatable situations which are still evident until now.
These effects not only refer to the people of the Philippines but also on its economic status and
national policies itself. According to Finance Secretary Carlos G. Dominguez III, there is no
threat inflicted on the economy of the country and that the military still controls the government
installations and major infrastructures. Also, Martial Law declared by President Rodrigo Duterte
ensured that business transactions would not be affected and business facilities are protected
from the threat of terrorism (as cited in De Vera, 2017). The National Economic and
Development Authority (NEDA) released the statement, that the economy will not be affected
despite temporary disruptions brought by pending policies, programs, and projects. However, the
people were still skeptical about the said implementation. The recent implementation of Martial
Law, by the Duterte Administration, in Mindanao made the people speculate whether it will be
used for his self-interest or not. It made them aware of the last time this law has been passed and
used it for power. Even if both times have the same reason, the society still hopes that they will
have different results. Martial law is a military government movement involving the suspension
of ordinary law. The government uses its power to enforce their rule over the public. A few years
ago in Mindanao, Martial law has been implemented due to the occurrence of rebellion.
President Rodrigo Duterte on May 23, 2017 set the whole Mindanao under military law
following the assault of the Islamic State-enlivened Maute gathering. The fight between
government powers and the radical’s proceeds with more than 400 dead and thousands
dislodged. Until before December 2019, Mindanao was still under the decree of Martial law.
Undoubtedly, the implementation of the rule had its effects to the country. Because of the brief
time of this incident and the desire for early resolution, there were undiscussed economic
impacts that will be important as the conflict stretches and drags out. Remote and residential
tourism in Mindanao are now influenced as foreign tourism warnings have been issued.
Domestic travel to Mindanao from different regions has been shortened. Airlines as of now have
crossed out and diminished flights to Mindanao territories, as have all traveler vessels by boat or
bus. Martial law did not only affect the country but also the people residing in the Philippines.
Some of them protested to put an end to the rule including those unaffected of the law and
outside of Mindanao. Larger part of Filipinos communicated support for the military law
announcement of President Rodrigo Duterte, a second Quarter Social Weather Stations review
uncovered. The review, discharged on Tuesday and led among 1,200 respondents from June 23
to 26, indicated 57 percent said "it is just that he announced it in the whole Mindanao". Drawing
a conclusion from the statement released, Filipinos in Mindanao who experienced terrorism
cooperated with the Martial law to ensure their security. Military law was lifted in the southern
Philippines island of Mindanao last January and it became an indication of what a military agent
called an "improved security air" in the district. The move, on a fundamental level, closes 31
months of elevated military presence on the island, put into sway in May 2017, when
neighborhood Maute rebels auxiliary with the Islamic State clutched the city of Marawi.

Money related authorities have welcomed the completion of military law, which comes
after the city council of Davao City pushed for its end a year back, referring to elevated costs of
cooperating. Also, the activists acknowledged that as long as the military keeps up a critical
presence in Mindanao, they will keep on securing adventures, not just from the New People’s
Army rebels, yet from farmers and indigenous networks who call the land home. However, many
remain dubious that the formal lifting of military law will change much on the island, which
remains torn by limited conflict between rebel social occasions and the Philippine military. Last
December, a Mindanao official said the Armed Forces of the Philippines and Philippine National
Police would keep up or increase their quality on the island. Savants consider state powers liable
for a wide region of normal opportunities encroachment under the norm of President Rodrigo
Duterte, both under the watchful eye of and during military law. The Philippine military says it
will continue with exercises zeroing in on both Islamic State–associated dread based oppressor
get-togethers and local communist extremist units. While the lifting of military law may offer
assurance to monetary masters, events all through the country, and in Mindanao's continuous
history, earnestly suggest that the military's main goal in Mindanao will continue catching legal
activists who vocally scold government exercises. The theoretical lens used in this study is a
qualitative lens due to the fact that the said topic involves an event. A qualitative research
involves an interpretative, naturalistic approach to its subject matter. Thus, the study will occur
in their natural setting trying to interpret and understand every phenomenon and classifying them
according to themes and trends. This study would also utilize the phenomenological research
approach. Phenomenology refers to a person’s lived experiences towards a phenomenon and how
they give meaning to those experiences. I will attempt to decode the respondents’ insights and
understanding about the currently imposed Martial Law to provide implications in this analysis.

Analysis

Analyzing the experiences of people in Mindanao during the 2017 declaration of Martial
Law by President Rodrigo R. Duterte, brought about various advantages and disadvantages. The
Marawi siege brought about a driven danger scene in the Philippines. (Gunaratna) Marial Law in
Mindanao also has seen the rise of new, philosophically determined gatherings ready to battle to
the demise to set up an Islamic state in the whole bounds of the country. This was opposed to
Moro jihadist bunches who have battled for the autonomy of the Bangasmoro. Second,
Mindanao’s economy was greatly affected due to the prohibition of travel and leisure within its
area. The whole country itself has been anxious and wanting to promote the lifting of military
law in order for Mindanao to be open for the travel industry and speculation. In 2017, a gathering
of business pioneers pushed for the said implementation to be lifted in the wake of,
unfortunately, slow monetary development on the island. Tanya Rabat-Tan, territorial head of
Davao's travel industry division, said in January that the lifting of the declaration of martial law
would be drawing in more guests to Mindanao, which indeed happened. Third, martial law in
Mindanao brought about the existence of counterinsurgency tasks which have prompted the
sudden captures of regular citizens and the murdering of handfuls rivals of Duterte and of the
neighborhood government and business, based on what I have read about the consequences of
martial law in Mindanao. Both the government and military authorities have unreservedly
blamed several conspicuous reformists and pundits of the president for being NPA-partnered
socialists. This practice in martial law was known as the famous "red-labeling" which adds up to
a permit to murder citizens. Gunaratna stresses on the emphasis that battling the NPA just serves
to divert the military from getting rid of more intense dangers that would come ahead of the
Philippines. As quoted, "The legislature can't battle on endless fronts," he said. "It needs to zero
in on the IS danger. It's a decent an ideal opportunity to begin a hearty harmony measure with the
NPA leaders and work out a consent to coordinate them back into society." Collectively, for the
cons of the declaration of martial law in Mindanao, Mindanao's turmoil has since quite a while
ago frustrated the Philippine pioneers. The implementation of military law accompanied a great
guarantee of reestablishing security to the island. Unfortunately, it finished with little agreement
over what had really been accomplished. This wasn't quite expected for the 2017
implementation. For the mistreated individuals of Mindanao, which is, for additional
information, stays one of the world's deadliest spots for environmental activists and journalists,
the lifting of military law was met with annoyance and an impression that not a lot would change
in actual. The military's brutally censured function in their performed protection from local
resistance stays set up. As for the people who were killed in the duration of military law, there
has additionally been no movement to intercede with the individuals and the casualties of the
horde captures and killings stay uncertain up to this date.

On the other hand, the 2017 martial law implementation brought about voices of the
youth. The youth of this generation are very vocal of their sentiments in current events and
happenings in our country. Martial law 2017 enhanced their way of critical thinking, opinion
making and reasoning. In an interview conducted last 2017, Ateneo de Davao University
students gave their sentiments with regards to the Martial law declaration. I’ve organized them in
three themes.

Theme 1. Scared but has the feeling of security

The students believed that the implementation of Martial law gave them ample freedom
such as curfews in which it is safer for everyone, specifically the minors. Thus, they also
believed that Martial law is not just for the safety of the people of Mindanao but also for good of
Mindanao itself and to the country. These were stated by Participant No.2 from Digos, “…I am
sure that a lot of youth are given limited freedom too which I think is safer.” and “…I realized it
was for the better and it makes me feel safer, specially the condition of my family, which is being
away Davao City.”, stated by Participant No.5.

Theme 2. More secured

On the interview with the participants, almost all of them were scared at first when
President Rodrigo Duterte implemented Martial law in Mindanao, afraid of the thought that
Martial law during the Marcos Regime may repeat but later on, they realized that because of the
tighter security, the felt safer and more secure. Participant No.5 from Tacurong stated, “…It
scared me at first but then I realized it was for the better and now it makes me more safe.” and
the statement stated by Participant No.3 from South Cotabato, “…I can’t deny the fact that I get
scared every time I hear the word ‘Martial Law’ but now at the same time I feel safe.”

Theme 3. No major effect

For most of the respondents, they said that Martial Law did not greatly affect their
individual lives instead, most of them did not felt it. Thus, they also said that there is nothing to
be afraid of with Martial Law today because it for the safety of the civilians in the country and
most specially in Mindano. Just like the statements of Participant No.1 from North Cotabato, “…
I actually did not feel Martial Law at all.”, Participant No.3 from Zamboanga del Norte, “…it
did not affect me at all because it is for our own security.” and the statement of Participant No.2
from Panabo, “Honestly, for Martial Law, it did not affect me that much since I do not go
around Davao all the time, but like I said earlier that people don’t really have anything to worry
towards it if he or she did not do any crime that time.”

Synthesis
 Collectively, the said recent declaration of Martial law in Mindanao by President Rodrigo
R. Duterte brought grave effects to the region and the country as a whole. Economically, the
country has been affected as travel and leisure in Mindanao was prohibited thus, denying the
entry of profit. The opposition of the Bangsamoro also happened in the process.
Counterinsurgency rose in the form of “red-tagging” which has been a great issue due to the fact
that opposers of the president are automatically red-tagged and made susceptible to being
murdered. Environmental activists and journalists were harmed in the whole duration as well. On
the other hand, millennials were given the chance to speak up and talk about the security that
they felt in the implementation of the said law. The topic implied a lot of things about how the
millennials view certain social issues like the Martial Law. It could also be seen that history
became a big part of their lives as it affected how they perceive or view these kinds of issues. In
a more specific reference, the historical and controversial Proclamation no. 1081 or the Martial
Law during the Marcos’ Regime affected the perception of the millennials about the Martial Law
implemented last 2017. This is also the case for all the citizens of the Philippines especially those
who do not live in the Mindanao region. Backlashes were thrown against the president for
implementing such a thing which killed tons of innocent people decades ago.
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