Calida backs amendments to martial law provisions

MANILA, Philippines -- Solicitor General Jose Calida agrees with President Rodrigo Duterte that the 1987 Constitution’s provisions on Martial Law need amendment to allow the president to act promptly during emergency situations.

Calida said the constitution, which subjects a Martial Law declaration to a review by Congress -- and, in case of a petition, the Supreme Court -- was a reaction to the regime of former President Ferdinand Marcos, who placed the country under military rule in 1972.

“The 1987 Constitution is a reflex action because of the Marcos experience. So it was not a normal situation when they drafted the Constitution,” Calida, the government's top lawyer, said.

“Probably now, there is no need for those. We need to make it work. Because if some constitutional provisions do not work under an emergency situation, then we have a problem,” Calida told reporters in Malacañang on Thursday.

“If it becomes worse, if there are already foreign elements trying to destabilize our country, to assassinate him, to assassinate government officials. In those extreme circumstances, somebody has to act,” he added.

The lack of a declaration of Martial Law does not stop security forces from carrying out their jobs.

Under the 1987 Constitution, the president may declare martial law in case of an invasion or rebellion "when the public safety requires it." 

The chief executive may place the country or parts of it under martial law for not more than 60 days. The president is required to submit a report to Congress within two days of the proclamation of martial law.

Congress will then decide whether to revoke the martial law declaration. The president can also ask Congress to vote to extend the declaration "if the invasion or rebellion shall persist and public safety requires it."

The Supreme Court can also review the martial law proclamation if a citizen questions its basis. The high court shall come up with a decision on the petition within 30 days from the filing.

The same restrictions apply to the declaration of a suspension of the privilege of the writ of habeas corpus. A writ of habeas corpus compels the government to produce someone it has detained before the court and justify the detention.

“Because it is an emergency situation, there should be haste, we do not have the luxury of time for 60 days to validate whether or not there is really an emergency, somebody has to act fast on it,” Calida said.

“Well, we are talking here of emergency aren’t we? We are talking here of the possible destruction of our youth and our country. Now, you dilly-dally for 60 days? You are unmindful of the emergency if you do that,” he added.

The Constitution does not require a waiting time of 60 days before a declaration of martial law takes effect.

Calida said he could not speak for lawmakers who would be convened as a constituent assembly to introduce amendments to the constitution.

He believes though that there should be safeguards to ensure that the martial law powers would not be abused.
 
“The medicine must be sufficient to cure the disease. If there is already an extreme disease, you cannot have the luxury of time in waiting for many actions to be done in a period of time for so long,” the solicitor general said.

Calida also he is also in favor of bringing back some provisions of the 1935 charter, which he described as a “simple constitution.” 

"There are good provisions in the 1935 Constitution. It was a simple constitution. Unlike now, everything seems to be legislated inside the Constitution,” he said.

Duterte: If Congress, SC disagree, who will decide?

Duterte has expressed qualms over the Martial Law provisions of the 1987 Constitution, saying it encourages a president to be a despot.

He said a president may choose to interpret the law on his own if the findings of Congress and the Supreme Court on the Martial Law declaration contradict each other.

“If the Supreme Court says it has no basis… but Congress says go ahead because national security is at stake the two would clash. Now, who decides? It will be me,” he said in a speech in Cabanatuan City last Wednesday.

“It will encourage me to become a despot because you can now interpret a law itself,” he added.

Duterte’s recent statements about Martial Law have stoked fears that he would use the drug problem and security threats in Mindanao to place the country under military rule.

While the president has said that there is no compelling reason to declare martial law, he said he would do so if the drug menace becomes “very virulent.”

The president reiterated that he has no plans to place the country under military rule in a speech delivered before police officials yesterday.

“I’ll do everything to preserve my country, huwag na yang (not through) martial Law, Martial Law...I will do everything. I will not allow my country to go to the dogs. I’ll do everything to preserve the Filipino people. That is my job,” Duterte said.