The proclamation of President Duterte declaring a state of martial law for the whole of Mindanao has created a firestorm of opinion as well it should. The people have the right and the obligation to ask questions on any major decision like this from their government.
On November 19, 1863, at the dedication of Soldier’s National Cemetery, a cemetery for Union soldiers killed at the Battle of Gettysburg during the American Civil War, then-President Abraham Lincoln took a few moments to give his remarks. He began by reiterating the basis for establishing the United States of America. He said—according to the most common accounts—“Our fathers brought forth on this continent, a new nation, conceived in Liberty and dedicated to the proposition that all men are created equal”.
He continued, “Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure”.
The preamble to the 1987 Philippine Constitution reads in part, “Establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law”.
The 1987 Constitution was written within view and smell of the smoldering ashes of a government that made its own “rule of law” in complete opposition to Lincoln’s “government of the people, by the people, for the people”. However, any “rule of law” is only as strong and valid as the people desire.
The rationale and justification of the proclamation is, and will continue to be, subject to great debate by the people. But perhaps a more important issue was expressed by someone on social media who wrote: “This is an opportune moment to show what’s martial law’s purpose, as per the Constitution, and put the horrors of the past to an end”.
All of us are going to have our own interpretation of “martial law’s purpose”, specifically in the current situation. Nevertheless, the framers of the 1987 Constitution put in a specific and exact framework in the hope that even under the most extreme circumstances, the rule of law would prevail. While recognizing instances when this extreme measure might be warranted, the authors tried their best to balance the need of the Executive to impose martial law while providing a check and control system to keep the situation from deteriorating to abuse.
Sen. Francis N. Pangilinan said this on Wednesday: “While martial law is an option available to the President and we respect this exercise of discretion, we in Congress will exercise our constitutional duty to look into the basis of the declaration and determine whether there is basis for its continued imposition. Central to all this is to ensure that the constitutionally guaranteed rights of our citizens are protected and that the exercise of the martial-law powers of the President are checked”.
That is exactly what we want to hear from all the members of the Legislature. Unfortunately—but not unexpectedly—the vile monster of partisan politics has already raised its destructive head. Are our memories so short and so distorted that we cannot recall that the most sinister abuse of martial law is to silence the opposition and gain absolute control of the “ruling party”?
This is the time for all sides of the political spectrum in the legislature to work together for one and only one purpose—to preserve and protect the Constitution and the rule of law. Anything less will lead to our destruction.
Image credits: Jimbo Albano