Martial law in the Philippines

Martial law monument in Mehan Garden

Martial law in the Philippines (Filipino: Batas Militar sa Pilipinas) refers to the various historical instances in which the Philippine head of state placed all or part of the country under military control[1]—most prominently[2]: 111  during the administration of Ferdinand Marcos,[3][4] but also during the Philippines' colonial period, during the second world war, and more recently on the island of Mindanao during the administrations of Gloria Macapagal Arroyo and Rodrigo Duterte.[5] The alternative term "martial law era" as applied to the Philippines is typically used to describe the Marcos martial law period specifically.[2]

Martial law has historically been implemented through the Armed Forces of the Philippines and its predecessor bodies,[1][6] serving as the head of state's primary tool for implementing political power[1] in a reversal of the normal practice of civilian control of the military.[6][7]

Under the current Constitution of the Philippines, the president, as head of state and commander in chief of the armed forces, may declare martial law "in case of invasion or rebellion, when the public safety requires it."[8] Most countries use a different legal construct like "state of emergency".[citation needed]

Typically, its imposition accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians.[citation needed] Civilians defying martial law may be subjected to military tribunals (court-martial).[citation needed]

  1. ^ a b c De Castro, Renato Cruz (2005). "The Dilemma Between Democratic Control versus Military Reforms: The Case of the AFP Modernisation. Program, 1991–2004" (PDF). Journal of Security Sector Management.
  2. ^ a b Miranda, Felipe B. (2001). "The Political Economy of National Plunder:The Philippines Under Martial Law". Memory, truth telling, and the pursuit of justice: a Conference on the Legacies of the Marcos Dictatorship. [Quezon City]: Published and exclusively distributed by the Office of Research and Publications, Ateneo de Manila University. ISBN 971-550-373-X. OCLC 48517053.
  3. ^ "Martial Law in the New Constitution". Martial Law Museum. Ateneo de Manila University. Retrieved December 13, 2021.
  4. ^ Rood, Steven (May 31, 2017). "Unpacking Martial Law in Mindanao". The Asia Foundation. Retrieved December 13, 2021.
  5. ^ Navera, Gene Segarra (2018). "Metaphorizing Martial Law: Constitutional Authoritarianism in Marcos's Rhetoric (1972–1985)". Philippine Studies: Historical and Ethnographic Viewpoints. 66 (4): 417–452. doi:10.1353/phs.2018.0033. ISSN 2244-1638. S2CID 149591046.
  6. ^ a b "II: Political Change and Military Transmition in the Philippines, 1966 – 1989: From the Barracks to the Corridors of Power". Official Gazette of the Republic of the Philippines. October 3, 1990. Archived from the original on July 19, 2023. Retrieved July 30, 2021.
  7. ^ Cruz, Rodel A. (2013). "Security Sector Reform: Way Forward for Democracy and Development" (PDF). National Security Review. December. National Defense College of the Philippines. Archived (PDF) from the original on May 1, 2020. Retrieved September 5, 2021.
  8. ^ "Martial Law in Mindanao: The Press Steps Up". Center for Media Freedom and Responsibility. June 16, 2017. Retrieved December 13, 2021.

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