Amarila, Jan-Rhada I.

PHIS01G
ADT 122 01/09/2024

PT #1 - Write your stand about the declaration of Martial Law in the Philippines during
the time of Ferdinand Marcos in 1972. Does it violate the constitution and John Locke's
concept of Social Contract during that time?

The declaration of Martial Law in the Philippines by former President Ferdinand

Marcos in 1972 remains a significant and horrifying period in the nation's history. When
Marcos was aired on the country's televisions at 7:15 in the evening on September 23,
1972, to proclaim that he had placed the "entire Philippines under Martial Law" under
Proclamation No. 1081, he used legalistic language that was false. This has helped him
disguise the true character of his actions to the people. And up until this day, all of it was
a self-coup. The dictator's proclamation, which suspended the writ of habeas corpus
and granted Marcos extensive and abusive powers, was officially justified as a response
to the perceived threat of communism and civil unrest.

From a constitutional stance, the imposition of Martial Law in 1972 clearly

violated the Philippine Constitution, particularly about the suspension of the writ of
habeas corpus. The Constitution, even during times of crisis, contains regulations that
protect individual's rights and freedoms. The suspension of habeas corpus, which
safeguards against unlawful and indefinite detention, is a drastic move that should only
be employed when there is an actual invasion or rebellion, as outlined in the
Constitution.

John Locke's concept of the social contract is constructed upon the idea that
individuals sacrifice some of their natural rights or freedom to a government in
exchange for the protection of their remaining rights and the common good. If a
government exceeds its bounds and violates the rights and duties it is meant to protect,
the social contract is breached. And that is what happened. Martial Law was a time filled
with abuse of power, human rights violations, and the suppression of political dissent
that made the Filipinos fight at the EDSA People Power Revolution. These actions were
a clear infringement of the social contract, as they went against the principles of
protecting individual liberties and promoting the common good.

More than that, during this period, the Filipinos experienced widespread
censorship and political repression. Those who stood up against the dictator were lost.
The volume of 3,240 salvage, 34,000 torture victims, 70,000 political incarceration, and
75,730 human rights violations completely shows how the Martial Law declaration was a
means for Marcos to consolidate power and extend his rule beyond constitutional limits.
The government's actions during this time were disagreeing with the principles of
democracy and the protection of individual rights.

In hindsight, the declaration of Martial Law in the Philippines in 1972 is one of the
dark periods of Philippine history. The massive failure of the past encapsulates the
screams, cries, fights, and shouts of every individual who had their lives ended due to
the imbalance between national security and the protection of individual rights. It serves
as a cautionary tale about the importance of upholding constitutional principles and
adhering to the social contract. We, the people from the present, must ensure that
measures taken in times of crisis do not lead to the deterioration of democratic values
by being critical with the leaders that we elect.