PRESIDENT Rodrigo Duterte said he wants the Constitution amended to make it less difficult for any president to declare Martial Law.
Speaking in front of volunteer women in Angeles City on Thursday, Duterte said he wants the declaration of Martial Law to be the sole prerogative of the president.
This, he said, would bypass the “inefficiency” of having Congress and the Supreme Court agree to the declaration.
“If I declare Martial Law amid an invasion or war, I cannot proceed on and on, especially if there is unrest. I would need to go to Congress and to the Supreme Court?
“Well, what happens if the Supreme Court says one thing and Congress says another—one says yes and the other says no? Where would you put me? That’s why I really need to change it,” Duterte said.
Under the 1987 Constitution, Congress and the Supreme Court, both co-equal branches of government, have the power to review the declaration of Martial Law.
Duterte also criticized the Constitution’s three-term limit for local officials, saying that the provisions on Martial Law in the current Constitution were a “reckless reaction” to the Marcos regime.
“That’s a bad law. It should really be changed — ask any governor or mayor,” the President said.
Duterte had been toying with the idea of declaring Martial Law. In August, Duterte asked Chief Justice Maria Lourdes Sereno if the chief magistrate would rather have the President declare Martial Law after the chief justice commented on Duterte’s relentless campaign against illegal drugs.
In October, Duterte once again floated the idea of declaring Martial Law because of the illegal drug trade during a meeting with the Jewish community at the Beit Yaacov Synagogue in Makati City.
Despite Duterte’s pronouncements, he did not explain what sort of change he wants or how he plans to do it.
Article VII, Section 18 of the 1987 Constitution requires the President to submit a report to Congress within 48 hours after declaring Martial Law. Congress can revoke the President’s proclamation through a joint-vote by at least a majority of all its members. The President cannot set aside this revocation.
But earlier this month, Duterte said he had no plans of declaring Martial Law after all.
Instead, he said he would rather give local officials blanket authority.
“Martial Law for what? Killing people? I would rather empower every mayor,” he said.
Vice President Leni Robredo scored Duterte’s threat of a return to Martial Law, saying that it is the “worst Christmas gift to the Filipino people.”
“To refer to specific provisions in the 1987 Constitution prohibiting such as a reckless reaction to the Marcos regime is an insult to the experience of the Filipino nation that endured great suffering and hardship under the Martial Law regime,” Robredo said.
“Moreover, for President Duterte to challenge the democratic safeguards of the very Constitution he swore to uphold on June 30, 2016 is appalling,” she added.
She urged the public to fight any move that would curtail their freedoms.
Chief Presidential Legal Counsel Salvador Panelo said Robredo’s fears were misplaced.
“She may have misunderstood the context. I know where she is coming from, and I can understand the fears of victims of Martial Law but we have to consider the character of this man. He will not tolerate any violation of any law,” he said.
“What the President meant is that no president, not him but all presidents succeeding him would not be hostage to the provisions of the Constitution,” Panelo said.
“Duterte is different from Marcos in the sense that Marcos is a good man, too good to his cronies and friends. But not this man,” Panelo said, referring to Duterte. “This man will fire his close friend if he does anything wrong in relation to performance of his duty as Cabinet member.”
He also said that Robredo, as a lawyer, should know that the Constitution gives the President the power to safeguard public safety.
“Under the Constitution, the primordial duty of the President as head of the government is to protect and serve the people. That is the context by which the President made these statements. It doesn’t mean that he will declare Martial Law. He repeatedly said he will not,” Panelo said.
Panelo also agreed that a three-year term was too short for good officials.
“I’m not afraid of extending the term. Why? Because there’s a recall. If the people committed a mistake, the people can recall you even in your very first year. There is nothing wrong with the President’s statements,” he added.
“The tolerance of people has certain limits that if we are abused, we’re gonna hang you. We still can decide. No President can decide for us,” he said.