SolGen: 1987 Constitution’s martial law provisions must be amended

Solicitor General Jose Calida on Thursday said the martial law provisions in the 1987 Constitution must be amended to be able to quickly address emergency situations that require a declaration of military rule. 

"Kasi iyong 1987 Constitution is a reflex action because of the Marcos experience. So it was not a normal situation when they drafted the Constitution. Probably now, there is no more need for those ... we have to make it work. Kasi if some constitutional provisions do not work under an emergency situation, then we have a problem," Calida said in an ambush interview following his briefing in Malacañang. 

"There might be some need but we have to retool it, to adjust it," he added. 

"Because it is an emergency situation, there should be haste. In other words, we do not have the luxury of time for 60 days to validate or not if there really is an emergency. Somebody has to act fast on it," Calida also said. 

Section 18, Article VII of the 1987 Constitution states that the President can declare martial law in case of an invasion or rebellion "when the public safety requires it." 

"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 under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress," it said. 

Then Congress can revoke or extend the proclamation or suspension. If Congress is not in session, it should convene within 24 hours after the President's declaration. 

Meanwhile, the Supreme Court can review the proclamation of martial law or the suspension of the privilege of the writ or the extension if a citizen files a petition against the call. Its decision must be released within 30 days from the filing. 

Despite calling for amendments, Calida said that changes must still continue to protect the Filipinos.

"Safeguards to everybody. The medicine must be sufficient to cure the disease. If there's 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," he said. 

He added that anyone should also be allowed to question the President's declaration of martial law, if ever.  

"We are in a democracy. There may be people who won't agree with you. They are free to dissent," he said.  

Calida also said that he would like to bring back some provisions of the 1935 Constitution. 

"There are good provisions in the 1935 Constitution. It was a simple Constitution. Hindi kagaya ngayon na parang ni-legislate na lahat inside the Constitution," he said. 

When to declare martial law 

During his briefing, Calida presented different scenarios when a president can declare martial law outside the provisions of the Constitution. 

"We are talking here of certain conditions which cannot be predicted. However, it must be very extreme. In other words, for example, you are aware of the plot to oust the President. What if they will bomb Malacañang? They will bomb --- put bombs in our malls, you know, to create trouble. And there will be again, you know, the drug lords will hire assassins to kill him. And some parties might be in cahoots with this plot," he said. 

"In other words, there is already a breakdown of law and order. And nobody is acting or they are afraid to act. Somebody has to act and it should be the President," he added. 

He also cited another scenario during the ambush interview. 

"Pwede naman under the state of lawlessness. But if it becomes worse, for instance, if there are already foreign elements trying to destabilize our country, to assassinate him, to assassinate government officials. In those extreme circumstances as I said, somebody has to act," Calida said. — RSJ, GMA News