Professional Documents
Culture Documents
Post Martial Law
Post Martial Law
Submitted to
Prof.
Graduate Studies
Mindanao State University
In Partial Fulfilment
Of the Requirements for the Course
PA 201 Intro to
First Semester A.Y 2023-2024
By
AMER, JOHANA M.
SARANGANI, WAFFAH U.
PANGCAT, ALLYSHA M.
January 2024
The Return to democracy in the Philippines after the period of martial law marked a significant
turning point in the country's history. The regime of President Ferdinand Marcos, who declared
martial law in 1972, gave way to a new era characterized by the restoration of civil liberties, the
reestablishment of democratic institutions, and a commitment to upholding human rights.
The return to democracy in the Philippines following the period of martial law marked a
profound shift in the country's trajectory. The restoration of democratic institutions, the
drafting of a new constitution, and the commitment to upholding human rights and the rule of
law underscored the resilience and commitment of the Filipino people to building a society
founded on principles of freedom, justice, and equality.
GOVERNMENT REFORMS
Following the end of martial law in the Philippines and the restoration of democracy, the
government embarked on a series of reforms aimed at addressing the legacy of authoritarian
rule, strengthening democratic institutions, and promoting social and economic progress. These
reforms touched on various aspects of governance, including political, legal, and social spheres,
and were crucial in shaping the country's transition to a functioning democracy.
1. Political Reforms:
- Constitutional Reconstruction: A key political reform post-martial law was the drafting of a
new constitution. It redefined the structure of government, delineated the duties and
responsibilities of various branches, and outlined the mechanisms for checks and balances.
- Elections and Political Participation:. The restoration of political freedoms and the protection
of the rights of political parties and opposition groups were crucial in fostering a vibrant and
inclusive political environment.
- Democratization of Local Government: Reforms aimed to strengthen local governance and
empower local communities through decentralization.
2. Legal Reforms:
- Judicial Independence: Efforts were made to enhance the professionalism and integrity of the
judiciary, reinforcing the role of the courts as guardians of the rule of law.
Human Rights Protections
Legal Framework for Reconciliation
These government reforms, undertaken in the aftermath of martial law, set the stage for the
Philippines' transition to a more democratic, inclusive, and rights-respecting society. While
challenges persisted and the journey toward full democratic consolidation continues, the
reforms initiated in the post-martial law era laid a critical foundation for upholding democratic
values, protecting human rights, and promoting sustainable development.
Addressing corruption became a priority for the government, with measures aimed at
promoting transparency, accountability, and ethical conduct in public service. Key initiatives
included the following:
1. Institutional Reforms: The establishment of anti-corruption agencies such as the Office
of the Ombudsman and the strengthening of oversight bodies, including the
Commission on Audit,
2. Anti-Corruption Legislation: The enactment of anti-corruption laws and the
implementation of measures to enhance the legal framework for combating corruption
were critical in addressing the impunity associated with corrupt practices.
3. Public Sector Transparency: to promote transparency and openness in government
operations.
4. Civil Society Engagement: Civil society organizations played a vital role in advocating for
anti-corruption reforms, monitoring government performance, and raising awareness
about the detrimental impacts of corruption on society.
During the post-martial law period in the Philippines, insurgency and conflict remained
significant issues, with several insurgent groups challenging the authority of the government
and contributing to instability in various regions of the country.
Communist Insurgency: led by the Communist Party of the Philippines (CPP) and its
armed wing, the New People's Army (NPA), persisted during the post-martial law era.
The insurgency was rooted in socioeconomic grievances, ideological conflict, and
historical injustices, particularly relating to land reform and rural poverty. The CPP-NPA
sought to overthrow the government and establish a socialist state, leading to
prolonged armed conflict in various rural areas.
Muslim Separatist Insurgency: In addition to the communist insurgency, the southern
region of Mindanao experienced conflict stemming from the separatist aspirations of
the Moro people, particularly through the Moro National Liberation Front (MNLF) and
later the Moro Islamic Liberation Front (MILF). The conflict was driven by historical
grievances, cultural identity, and the pursuit of self-determination for the Muslim-
majority areas in Mindanao.
Other Insurgent Groups: In addition to the communist and Muslim separatist
insurgencies, other armed groups, such as the Abu Sayyat Group, also posed security
challenges in specific areas. These groups were associated with terrorism, kidnapping,
and other criminal activities, undermining stability and contributing to violence and
insecurity in affected regions.
The issues of insurgency and conflict during the post-martial law era demonstrated the
enduring complexity of security challenges and the imperative of pursuing inclusive and holistic
approaches to address the root causes of conflict and build lasting peace in the Philippines.
1. Integration of the police force: The Philippine National Police was integrated and
placed under the control of the Armed Forces of the Philippines (AFP) as part of the martial law
policy
2. Changes in court procedures: Simpler procedures were introduced to reduce the length
of trials and alleviate the burden on the judicial system
3. Military tribunals and commissions: These were established to help administer law
and maintain order during martial law
4. Regional prisons: These were established to remove offenders from society and
rehabilitate them
5. Restrictions on the use of force: The military and police were instructed to use
minimum force in dealing with civilians, although there were instances of human rights abuses
reported during this period.
PRESIDENTIAL SYSTEM
The Philippines follows a presidential system of government, where the president serves as
both the head of state and head of government. The president is elected by the people and
holds executive powers. In the post martial law era, the Philippines has made efforts to
strengthen democracy and promote transparency and accountability in government. Political
parties play a significant role in the presidential system. The election held every 6 years to
choose the president, senators, representatives and other local official. The President in the
presidential system is entrusted with significant executive powers, such as appointing cabinet
members, making policy decisions, and representing the country in international affairs.
SEPARATION OF POWERS
The government is divided by into 3 branches: The Executive, Legislative, and Judicial branch.
Each branch has its own powers and functions to ensure a system of checks and balances.
a.) Executive branch this branch head by the President of the Philippines. Responsible for
implementing and enforcing laws includes the Vice President and Cabinet member which
consist of various departments heads appointed by the president.
After the end of martial law in the Philippines, the executive branch played a crucial role in
restoring democracy and ensuring a smooth transition to a post-martial law era. The
executive branch led by President Corazon Aquino focused on several key aspects.
Overall, the executive branch played a vital role in transitioning the Philippines from a period of
martial law to a democratic system, focusing on restoring democracy, promoting reconciliation,
and addressing the economic, social, and political challenges that emerged during the martial
law years.
b.) Legislative branch The congress divided by 2 chambers: The Senate and House of
representatives . Senate consists of 124 senators while the House of representatives has 300
congressmen elected from specific districts. Both chambers participate in the law making
process. But the senate has specific powers, such as confirming presidential appointments,
serving as in impeachment court for public officials.
After the martial law in the Philippines, the legislative branch was re-established with the 1987
Constitution. The legislative branch's role was to craft laws, and its members were elected by
the people. The Senate and the House of Representatives make up the bicameral legislature.
The Senate is composed of 24 senators, while the House of Representatives is composed of not
more than 250 members, 20% of whom must be party-list representatives
The legislative branch is responsible for providing a check on the executive branch's power,
ensuring that the government operates within the bounds of the law and the Constitution. The
re-establishment of the legislative branch after martial law was a significant step towards
restoring the traditional system of checks and balances in the Philippine government
The legislative branch's role in the Philippines after martial law was to ensure that the
government operates within the bounds of the law and the Constitution, and to provide a check
on the executive branch's power.
After martial law in the Philippines, the bicameral legislature played a crucial role in restoring
democracy and ensuring a smooth transition to a post-martial law era. The bicameral
legislature, consisting of the Senate and the House of Representatives, was responsible for:
In summary, the bicameral legislature in the Philippines after martial law played a vital role in
restoring democracy, passing the new Constitution, appointing transitional leaders, reinforcing
the separation of powers, addressing economic challenges, and promoting human rights and
social justice.
c.) Judicial branch Responsible for interpreting and applying the laws. It is led by the supreme
court of the Philippines, which is composed of a Chief Justice, 14 Associate Justices. Below the
supreme court, there are various lower court, such as the Courts of Appeals and Regional trial
courts, which handed different levels and types of cases.
The role of the judicial branch in the Philippines after the martial law was to provide a system of
checks and balances to prevent any abuse of power. Here are some examples of the role of the
judicial branch in the Philippines after the martial law:
1. Supreme Court Review of Martial Law: The 1987 Constitution established that
martial law could only be declared when there is sufficient factual basis to declare it, as
competently reviewed by the Supreme Court. This provision ensures that the President
cannot use martial law for anything other than the good of the country.
2. Separation of Powers: The three-branch system of government in the
Philippines ensures the implementation of appropriate checks and balances. Power is
normally spread across various institutions so that functions can be discharged
efficiently. The legislative and judicial branches of government play a central role in
protecting against abuse of power
3. Judicial Review: The Supreme Court of the Philippines has the power of judicial
review, which allows it to declare laws and executive actions unconstitutional. This
power ensures that the government operates within the bounds of the constitution and
that the rights of citizens are protected
Overall, the role of the judicial branch in the Philippines after the martial law was to
provide a system of checks and balances to prevent any abuse of power. The Supreme
Court played a central role in ensuring that the government operates within the bounds
of the constitution and that the rights of citizens are protected.
MULTI-PARTY SYSTEM
After the martial law period in the Philippines, the country transitioned from a two-party
system to a multi-party system. Prior to martial law, two parties, namely the Liberal Party and
the Nacionalista Party, dominated the Philippine party system. However, after martial law, the
political landscape became more diverse with the emergence of multiple political parties.
The post-martial law multi-party system in the Philippines is characterized by the presence of
several political parties competing for leadership. This system allows for a broader
representation of different political ideologies and interests within the government. It provides
opportunities for smaller parties to participate in the political process and contribute to policy-
making.
It is worth noting that factionalism is a recurring aspect of Philippine party politics, which has
endured through time. The post-authoritarian multi-party system in the Philippines is marked
by multi-factionalism, where different factions within political parties compete for power and
influence.
After the end of martial law in the Philippines, the country transitioned to a multi-party system
of political governance. Here are some key points regarding the multi-party system in the post-
martial law period:
ELECTION
After martial law in the Philippines, elections were reintroduced as a means for the people to
choose their leaders and participate in the democratic process. Elections in the post-martial law
period allowed for the selection of various government officials, including the President, Vice
President, Senators, Congress representatives, and local officials.
The election process in the Philippines after martial law follows democratic principles, where
eligible citizens have the right to vote and choose their preferred candidates. Political parties
and independent candidates participate in these elections, campaigning to garner support from
the electorate. The election period is marked by political rallies, debates, and the dissemination
of campaign materials to inform voters about the candidates' platforms and qualifications.
The post-martial law elections in the Philippines aim to provide the citizens with the
opportunity to express their political preferences and select leaders who will govern the
country based on their mandate. It is an essential aspect of the democratic system in the
Philippines, allowing for the peaceful transition of power and the expression of the people's
will.
The Philippines has held regular elections to choose its political leaders and representatives and
here are some regarding elections in the Philippines after martial law :
1. Presidential Elections
2. Legislative Elections
3. Local Elections
4. Automated Elections
5. Election Commissions
6. Overseas Voting
The Philippines Constitution that was established after the period of martial law is known as the
1987 Constitution. It is also referred to as the post-martial law Constitution. The 1987
Constitution was enacted to replace the previous 1973 Constitution, which was implemented
during the martial law era under the regime of President Ferdinand Marcos.
1987 CONSTITUTION
The 1987 Constitution of the Philippines was enacted after the period of martial law. It serves
as the fundamental law of the country, outlining the structure of government, the rights and
responsibilities of citizens, and the principles that guide the nation.
The 1987 Constitution was a product of the People Power Revolution in 1986, which led to the
ousting of President Ferdinand Marcos and the restoration of democracy in the Philippines. It
was drafted to address the abuses and excesses of the previous authoritarian regime and to
establish a more democratic and inclusive system of governance.
The 1987 Constitution was a response to the abuses and human rights violations committed
during the martial law period. Its primary objective was to restore democratic governance,
protect civil liberties, and establish a system of checks and balances in the government. The
Constitution aimed to prevent the concentration of power and ensure the accountability of
public officials. This include in 1987 constitution:
1. Bill of Rights
2. Separation of Powers
3. Democratic Principles
4. Presidential System
1.) Military and Police Reforms: Reforms were implemented in the military and police forces to
ensure civilian control, professionalism, and adherence to human rights standards. These
reforms aimed to prevent the abuse of power and protect the rights of the Filipino people.
2.) Presidential System: The Philippines follows a presidential system of government, where
the president serves as both the head of state and head of government. The president is
elected by the people and holds executive powers. In the post martial law era, the Philippines
has made efforts to strengthen democracy and promote transparency and accountability in
government. Political parties play a significant role in the presidential system. The election held
every 6 years to choose the president, senators, representatives and other local official. The
President in the presidential system is entrusted with significant executive powers, such as
appointing cabinet members, making policy decisions, and representing the country in
international affairs.
3.) Separation of powers: The government is divided by into 3 branches: The Executive,
Legislative, and Judicial branch. Each branch has it’s own powers and functions to ensure a
system of checks and balances.
a.) Executive branch This branch head by the President of the Philippines. Responsible for
implementing and enforcing laws includes the Vice President and Cabinet member which
consist of various departments heads appointed by the president.
b.) Legislative branch The congress divided by 2 chambers: The Senate and House of
representatives . Senate consists of 124 senators while the House of representatives has 300
congressmen elected from specific districts. Both chambers participate in the law making
process. But the senate has specific powers, such as confirming presidential appointments,
serving as in impeachment court for public officials.
c.) Judicial branch Responsible for interpreting and applying the laws. It is led by the supreme
court of the Philippines, which is composed of a Chief Justice, 14 Associate Justices. Below the
supreme court, there are various lower court, such as the Courts of Appeals and Regional trial
courts, which handed different levels and types of cases.
4.) Bicameral Legislature: The legislative branch consists of a bicameral Congress. It is
composed of the Senate and the House of Representatives. The Senate has 24 members, while
the House of Representatives has a varying number of members based on population size.