MARTIAL LAW

Group 4:
Darapa, Yusairah
Nedira
Wee
 MARTIAL LAW DECLARED

Whenever necessary or when the public safety is

required to prevent/suppress the following:

• LAWLESS VIOLENCE

• INVASION

• REBELLION

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 MARTIAL LAW DECLARED

Where the President shall be the Commander-in-

Chief of all armed forces of the Philippines in which
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.

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 EFFECT OF DECLARATION OF
MARTIAL LAW
• Suspension of the privilege of Writ of Habeas
Corpus

Writ of Habeas Corpus

– “to produce the body”
– a court order demanding that a public official
(such as a warden) deliver an imprisoned
individual to the court and show a valid reason
for that person's detention

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 EFFECT OF DECLARATION OF
MARTIAL LAW
• Suspension of the privilege of Writ of Habeas
Corpus
1. within 48 hours from the declaration of
martial law of suspension of writ of habeas
corpus, the President shall submit a report in
person or in writing to the Congress.

2. The Congress, voting jointly, by a vote of

at least a majority of all its Members in regular or
special session, may revoke such proclamation
or suspension, which revocation shall not be set
aside by the President.
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 EFFECT OF DECLARATION OF
MARTIAL LAW
• Suspension of the privilege of Writ of Habeas
Corpus
3. Upon the initiative of the President, the
Congress may, in the same manner, extend
such proclamation or suspension for a period
to be determined by the Congress, if the
invasion or rebellion shall persist and public
safety requires it.

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 EFFECT OF DECLARATION OF
MARTIAL LAW
• Suspension of the privilege of Writ of Habeas
Corpus
4. The Supreme Court may review, in an
appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the privilege of the writ or the
extension thereof, and must promulgate its
decision thereon within thirty days from its
filing.

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 EFFECT OF DECLARATION OF
MARTIAL LAW
• Does not suspend the operation of Constitution
• Does not supplant/replace the functioning of civil
courts or legislative assemblies
• Does not authorize the conferment of jurisdiction
on military courts and agencies over civilians
where civil courts are able to function
• Does not automatically suspend the privilege of
the writ
“Suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with
invasion.”
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 EFFECT OF DECLARATION OF
MARTIAL LAW
• During the suspension of the privilege of the writ,
any person thus arrested or detained shall be
judicially charged within three days, otherwise he
shall be released.

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 Philippines under Declaration of Martial Law
Enacted By Date Date Lifted Territorial Extent Legal Basis
Commenced
Gov. Gen. 8/30/1986 12/10/1989 Provinces of Manila, Official
Ramon Blanco Bulacan, Cavite, Proclamation
Pampanga, Tarlac,
Laguna, Batangas, and
Nueva Ecija
For. Pres. Emilio 5/24/1898 6/23/1898 Nationwide Revolutionary
Aguinaldo Decree
For. Pres. Jose P. 9/23/1944 8/17/1945 Nationwide Proclamation
Laurel No. 29
For. Pres. 9/23/1972 1/17/1981 Nationwide Proclamation
Ferdinand E. No. 1081
Marcos, Sr.
For. Pres. Gloria 12/5/2009 12/13/2009 Province of Maguindanao Proclamation
Macapagal No. 1959
Arroyo
For. Pres. 5/23/2017 12/31/2019 Entire Mindanao Proc. No. 216
Rodrigo R.
Duterte

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Political Background in 1972 before FEM
declares Martial Law
• The rising disorder caused by increasingly violent
student demonstrations – Various Rallies

• the alleged threats of communist insurgency by the

new Communist Party of the Philippines (CPP)

• the Muslim separatist movement of the Moro National

Liberation Front (MNLF)

• Ambush of Juan Ponce Enrile on 9/22/1972

• Other terror bombing incidents/crimes

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During the Martial Law as declared by
FEM – The New Social Order
• Proclamation No. 1081 on 9/23/1972
• Martial Law Features (PLEDGES)
-reduce violent urban crimes, collect
unregistered firearms, and suppress
communist insurgency.
• Foreign Relations during the Marcos Era
-a series of important new concessions
were provided to foreign investors
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Martial Law Features (PLEDGES)

P – Peace and Order

L – Land Reform
E – Economic Development
D – Development of Moral Values
G – Government Reforms
E – Educational Reforms
S – Social Services

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Peace and Order
• The suspension of Writ of Habeas Corpus
• The arrest of anti-Marcos individuals
• Strict media censorship
• Rallies and demonstrations, public
meetings and assemblies, and labor
strikes are prohibited
• Curfew Time
• Travel Ban
• The surrender of firearms and other
explosives
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Reference
• The 1987 Philippine Constitution
• The 1987 Philippine Constitution
• https://www.findlaw.com/criminal/criminal-procedure/writ-of-habeas-cor
pus.html
• https://www.britannica.com/place/Philippines/Martial-law
• https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/
• https://en.wikipedia.org/wiki/Martial_law_in_the_Philippines

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