THE TITLE of this column article may sound like a Netflix series with a storyline about pandemic, cooperation and survival. Regrettably, it’s not. It has something to do with the fuss circulating in the public since Monday.
Chief Presidential Legal Counsel Salvador Panelo said the President can declare martial law on the basis of “invasion” of the novel coronavirus.
According to Panelo, the term “invasion” has changed throughout the years and can also mean “the entry of a disease and the transfer from one area to another.” It is a controversial legal theory.
The 1987 Philippine Constitution provides that the President, as commander-in-chief, may, in case of invasion or rebellion which the public safety requires, suspend the privilege of the writ of habeas corpus or place the country under martial law (Section 18, Art. VII).
There are two requisites for the declaration of martial law: invasion or rebellion and when public safety requires it. What does this mean?
In the context of the declaration of martial law, “invasion or rebellion” here means armed conflict or hostilities cause by human beings.
Panelo was on the same mind with the definition of “invasion.” However, he added that this definition has evolved. He said that internationally there is a new meaning for “invasion.” It can mean the entry of a disease and the transfer from one area to another.
I think the framers of the Constitution frowns on his idea that even Justice Secretary Menardo Guevarra explained the contrary. He said “invasion” refers to an invasion of a country by foreign armed forces.
We are talking here about “invasion” that has something to do with armed men who apply force to enter a country, occupy and control it. This is similar to the other ground “rebellion” which means armed uprising against the government by its own people.
“Martial law” is improperly used nowadays, causing alarm, panic and terror among the public. It makes them feel that any time the President can declare martial law and that the public might be locked in prison or on whatever kind of extrajudicial actions.
I’ll take this chance to discuss martial law itself to ease the mind of the public.
There are specific requirements, however, before a President can declare martial law. This has to be done with the concurrence of Congress.
The President must submit a report to Congress, whether in person or in writing, within 48 hours of the declaration. If Congress does not agree that martial law should be declared or the writ of habeas corpus suspended, it can, “voting jointly, by a vote of at least a majority of all its members in regular or special session”, revoke the proclamation or suspension.
This can only last for 60 days unless a majority of Congress, voting jointly, extends it.
The Constitution says: “A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.”
Of course, the Supreme Court has an important role on this. It may review the “sufficiency of the factual basis” of the proclamation or suspension if a citizen petitions it to. And it has 30 days to decide if the proclamation of suspension has basis.
It should be noted that the writ of habeas corpus may only be suspended for people charged for rebellion or for offense connected to the invasion while those arrested while the writ is suspended should be charged within three days or must be released.
The declaration of martial law is not even an option right now. Relax. Inhale. Exhale.
The situation at present is very challenging not only in the medical field but also in the legal profession. We should stop the paranoia and confusion among the public. Let us spread awareness as well facts of the current condition.
We are not at a crossroads. We are on the same ground – fighting the same fight. Let’s hope for the best. (ayindream.aplasca@gmail.com/PN)
