MARTIAL LAW ERA

Martial law in the refers to several intermittent periods in Philippine history wherein the Philippine head of state (such as the President) proclaims that an area is placed under the control of the Armed Forces of the Philippines. Martial law is declared either when there is near-violent civil unrest or in cases of major natural disasters, however most countries use a different legal construct like "state of emergency". Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunals (courtmartial). Proclamation 1081 was the declaration of Martial Law in the Philippines by President Ferdinand E. Marcos. It became effective throughout the entire country on 21 September 1972, and was announced to the public two days later. It was formally lifted on 17 January 1981, six months before the first presidential election in the Philippines in twelve years. He initially signed the Proclamation on 17 September 1972, but it was postdated to 21 September because of Marcos' superstitions andnumerological beliefs. Marcos formally announced the Proclamation in a live television and radio broadcast from Malacaang Palace a further two days later on the evening of 23 September 1972. The following year, President Marcos replaced the 1935 Constitution with a new one that changed the system of government from a presidential to a parliamentary one, with himself remaining in power as both head of state (with the title "President") and head of government (titled "Prime Minister"). President Marcos also manipulated elections and had his political coalitionthe Kilusang Bagong Lipunan (KBL; English: New Society Movement) control the unicameral legislature he created, known as the Batasang Pambansa. President Marcos formally lifted Martial Law on 17 January 1981, several weeks before the first pastoral visit of Pope John Paul II to the WORLD. CONSTITUTIONAL BASIS Constitutional Authoritarianism The 1973 Constitution On March 16, 1967, the Philippine Congress passed Resolution No. 2 calling for a Constitutional Convention to change the Constitution. Election of the delegates to the Convention were held on November 20, 1970 pursuant to Republic Act No. 6132, otherwise known as the 1970 Constitutional Convention Act. The Constitutional Convention formally began on June 1, 1971. Former President Carlos P. Garcia, a delegate from Bohol, was elected President. Unfortunately he died on June 14, 1971 and was succeeded by another former President, Diosadado Macapagal of Pampanga.

On November 30, 1972, the President issued Presidential Decree No.73 setting the date of the plebiscite on January 15, 1973 for the ratification or rejection of the proposed Constitution. On January 7, 1973, however, the President issued General Order No. 20 postponing indefinitely the plebiscite scheduled on January 15. Suprisingly, on January 17, 1973 the President issued Proclamation No. 1102 announcing that the proposed Constitution had been ratified by an overwhelming vote of the members of the Citizen Assemblies, organized by Marcos himself through Presidential Decree No. 86. Various legal petitions were filed with the Supreme Court assailing the validity of the ratification of the 1973 Constitution. On March 30, 1973, a divided Supreme Court ruled inJavellana vs. Executive Secretary (6 SCRA 1048) that there is no further obstacle to the new Constitution being considered in force and effect. The 1973 Constitution would have established in the Philippines a parliamentary government, with the President as a ceremonial head of state and a Prime Minister as the head of government. This was not implemented as a result of the referendum-plebiscite held on January 10-15, 1972 through the Citizen Assemblies whereby an overwhelming majority rejected the convening of a National Assembly. From 1972 until the convening of the Interim Batasang Pambansa in 1978, the President exercised absolute legislative powers. On October 16-17, 1976 majority of barangay voters (Citizen Assemblies) approved that martial law should be continued and ratified the amendments to the Constitution, proposed by President Marcos. The 1976 Amendments were: an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly, the President would also become the Prime Minister and he would continue to exercise legislative powers until martial law should have been lifted. The Sixth Amendment authorized the President to legislate: Whenever in the judgment of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land. The Batasang Bayan and the IBP - The Interim Batasang Pambansa was not immediately convened. Instead, President Marcos created the Batasang Bayan through Presidential Decree No. 995. The Batasang Bayan is a 132-member council that advised the President on important legislature measures. On April 7, 1978, the first national election under martial law was held. The election for 165- members of the Interim Batasang Pambansa resulted to the massive victory of the administration coalition party, the Kilusang Bagong Lipunan ng Nagkakaisang Nacionalista, Liberal, at iba pa or KBL. First Lady Imelda Marcos, KBL Chairman for NCR, won the highest

number of votes in Metro Manila. Only 15 opposition candidates in other parts of the country won. On June 12, 1978 the Interim Batasang Pambansa was convened with Ferdinand E. Marcos as President-Prime Minister and Querube Makalintal as Speaker. The 1980 and 1981 Amendments The 1973 Constitution was further amended in 1980 and 1981. In the 1980 Amendment, the retirement age of the members of the Judiciary was extended to 70 years. In the 1981 Amendments, the parliamentary system was modified: executive power was restored to the President; direct election of the President was restored; an Executive Committee composed of the Prime Minister and not more than fourteen members was created to assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe; and the Prime Minister was a mere head of the Cabinet. Further, the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transferee of private land for use by him as his residence. The 1984 Amendments The Constitution was further amended. It abolished the Executive Committee, restored the office of the Vice President, provided for the election of members of the Batasang Pambansa by province instead of by regions, provided that the agrarian reform program included the grant on distribution of alienable lands of the public domain to qualified tenants farmers and other landless citizens, and the state was tasked to take urban land reform and social housing programs. The 1973 Constitution, as amended legalized and further consolidated the extraordinary powers, including legislative and constituent powers and even judicial powers, of the President. According to a respected constitutionalist, Fr. Joaquin Bernas, constitutional authoritarianism as understood and practiced in the New Societyis authorized by the letter or at least by the spirit of a legitimately enacted Constitution.

General orders Shift on the policies Listed below are the general orders promulgated by President Marcos following the declaration of Martial Law. General Order No. 1 - The President proclaimed that he shall direct the entire government, including all its agencies and instrumentalities, and exercise all powers of his office including his role as the Commander-in-Chief of the Armed Forces of the Philippines. General Order No. 2 The President directed the Secretary of National Defense to arrest or cause the arrest and take into his custody the individuals named in the attached list and to hold them until otherwise so ordered by the President or by his duly designated representative, as well as to arrest or cause the arrest and take into his custody and to hold them otherwise ordered released by him or by his duly authorized representative such persons who may have committed crimes described in the Order.

General Order No.3 The President ordered that all executive departments, bureaus, offices, agencies and instrumentalities of the National Government, government owned or controlled corporations, as well all governments of all the provinces,cities, municipalities and barrios should continue to function under their present officers and employees, until otherwise ordered by the President or by his duly designated representatives. The President further ordered that the Judiciary should continue to function in accordance with its present organization and personnel, and should try to decide in accordance with existing laws all criminal and civil cases, except certain cases enumerated in the Order. General Order No. 4 The President ordered that a curfew be maintained and enforced throughout the Philippines from twelve oclock midnight until four oclock in the morning. General Order No. 5 All rallies, demonstrations and other forms of group actions including strikes and picketing in vital industries such as in companies engaged in manufacture or processing as well as in production or processing of essential commodities or products for exports, and in companies engaged in banking of any kind, as well as in hospitals and in schools and colleges are prohibited. General Order No. 6 No person shall keep, possess or carry outside of his residence any firearm unless such person is duly authorized to keep, possess or carry any such Philippines except to those who are being sent abroad in the service of the Philippines. PROGRAMS INSTITUTED BY MARCOS The specific areas of the new society envisioned by (President) Marcos for reform were identified during the early years of the martial law regime, namely:(1) Peace and order; (2) Land reform; (3) Education reforms; (4) labor reform; (5) Government reorganization; (6) Economic reform; and (7) Social services. (1) Peace and Order - Martial Law was proclaimed to restore law and order. Immediately, the military broke up more than 149 private armies, crime syndicates were dismantled, more than half a million loose firearms were confiscated, thousands of criminal and lawless elements were either captured and detained or killed in encounters with the combined military-police operatives. Guntoters have practically disappeared from the streets. As a result of a step-up drive against criminality, crime indices fell during the first year of martial law. The crime rate in Greater Manila Area, a notorious haven for criminality as described in the issue of Time Magazine on October 21, 1966, leveled off. In fact Manila had one of the lowest index crime On September 23, 1974 the Partido Komunista ng Pilipinas (PKP), the Marxist-Leninist communist group, surrendered en masse to the government and agreed to support the New Society from principle to deeds. The military arm of the PKP, the Bagong Hukbong Mapagpalaya ng Bayan (the Huks) turned in all weapons and ammunitions. President Marcos initial success in the drive against the communist movement and secessionism in Mindanao did not last long. In fact, the United States estimated in 1986 that

the NPA had 20,000 rebels, supported by a mass base of more than a million. They controlled at least a fifth of 41,400 barangays. (2) Land Reform One of the social ills that bred insurgency and rebellion in the countryside is the exploitation of the poor and landless peasant by their landlords. In response to the worsening insurgency problem, President Marcos issued Presidential Decree No. 2 on September 26, 1972 proclaiming the whole country as land reform area. The following month, on October 21, the President issued a handwritten decree (Presidential Decree No. 27) abolishing tenancy and emancipating the tenants from the bondage of the soil by transferring to them the ownership of the land they till. Land reform was one of the centerpiece programs of President Marcos under the New Society. In the end of April 1974, the government had issued more than 250,000 land transfer certificates covering an area of 360,000 hectares worked by 200,000 tenant-farmers. These accomplishments, however, covered only rice or corn lands fifty hectares and above in size. By the end of martial law in 1981, 532,153 tenant-farmers had become owners of rice and corn lands in forty-five (45) provinces. To ensure the success of the land reform program, loans were extended to the land beneficiaries and cooperatives were established nationwide. A total of about Php 300 Million in rural credit were extended under a specific project, Masagana 99. Under the Masagana 99, rice production dramatically increased from 4.4 million tons to 5.5 million tons in the first year of the program. By 1978, the Philippines became self-sufficient in rice. In fact, it even began exporting rice. (3) Educational Reforms According to President Marcos, true progress is not and should not be confined to the satisfaction of the material needs of man. It must extend to the development of his mind as well as the fulfillment of his spirit. It must fill him with knowledge and wisdom and it must enrich the quality of human life. Cognizant of the important role of education toward the goal of the New Society, President Marcos vowed that his administration shall educate our children, our men and women, and ourselves. In accordance with the educational reform program of the New Society, President Marcos issued the Education Development Decree of 1972 (Presidential Decree 6-A) which defines a more responsive role for the education system. The decree provided a Ten Year Education Development Program (1973-1982) which included: the establishment of science education system, accelerated manpower skills training to respond to regional industrial needs; a regional agricultural education programs; emphasis on work-oriented programs; a policy of bilingualism; the National College Entrance Examination which classifies students by profession or vocation; and a Study Now, Pay Later plan which is intended to help poor but deserving students. (4) Labor Reforms President Marcos declared on the first Labor Day under martial law that the struggle for development and growth, the establishment of a new society, the restructuring of our economic, social and political institutions all of these are for one purpose alone, the upliftment of the Filipino common man.

In accordance with the objectives of the New Society respecting labor, President Marcos issued numerous decrees to that effect: Presidential Decree No. 21, providing for the speedy and just settlements of labor disputes through the National Labor Relations Commission; Presidential Decree 99, establishing minimum wages for household helpers; Presidential Decree No. 143, repealing the Blue Sunday Law and providing a mandatory rest for every worker once a week; Presidential Decree No. 148, eliminating the discriminatory and anti-employment provisions of the Woman and Child Labor Law; and Presidential Decree No. 197, providing a more effective adequate apprenticeship program. (5) Government Clean-up and Reorganization- On September 24, 1972, the day after Martial law was announced, President Marcos issued Presidential Decree No.1 adopting the Integrated Reorganization Plan. The plan aimed to weed out corrupt officials of the government. As a result, 6,655 employees were dismissed or forced to retire from government service during the first year of martial law. The most affected agencies were the corrupt-ridden Bureau of Internal Revenue (BIR) and Bureau of Customs. From September 29 to October 5,1972 the President issued Letters of Instruction in relation to government re-organization and clean-up. The President divided the country into thirteen regions with Metropolitan Manila as the National Capital Region (6)Economic Development At present, one often hears from those who lived during the martial law period: Mabuti pa noong panahon ni Marcos (life is better during the time of Marcos). With rapid economic growth and lower prices of commodities during the early years of martial rule, no wonder several people these days are nostalgic of the good old days. The economic performance of the country during the martial law period was remarkable, from a near economic collapse in 1972 to a rapid economic growth from 1973 until the lifting of martial rule in 1981. In 1973, the Gross National Product grew at the rate of 9.3 percent. From 1973- 1979, the countrys GNP grew at an average of 6 per cent annually. The economic resiliency of the country was spurred by renewed optimism and business confidence in the government. Employment increased by about 5 percent annually from 1972-1977 while unemployment fell to an average of 4 percent from 1973 1980. The fall of unemployment rate was brought by the influx of foreign investments and the deployment of skilled and unskilled workers abroad, known then as OCWs (Overseas Contract Workers). The local shoe industry also boomed during this period. No wonder many local shoemakers were grateful to former First Lady Imelda Marcos, one of their avid patrons. There were approximately 700 shoe factories in the country employing 50,000 workers. In 1976 the country exported four million pairs of shoes worth $ 6 million dollars to the United States, Hong Kong, Canada and Australia. Filipinos living abroad were lured by the Department to visit the country to see for themselves the changes and improvements made under the New Society. Many were

attracted to return because of the privileges and benefits accorded to them under the Balikbayan program. Infrastructure To facilitate better transportation and delivery of goods and to encourage foreign investment, President Marcos embarked on a massive infrastructure project in history. On September 26, 1972, President Marcos issued Presidential Decree No. 3 appropriating funds for public works involving rehabilitation and capital development. The following sum were appropriated for rehabilitation of: (a) school buildings, Php 50 million; (b) highways, Php 331 million; (c) flood control and drainage, Php 14 million; (d) Php 75 million. On the other hand, the following sum were appropriated for capital development projects, such as: (a) school buildings, Php 90 million; (b) highways, Php 2,550,500,000; (c) national railways, Php 40,500,000; (d) water supply and sewerage, Php 504,000,000; (e) flood control and drainage, Php 500 million; (f) irrigation, Php 200 million; (g) airports, Php 500 million; (h) portworks and maritime navigation, Php 274 million; (i) telecommunications, Php 195 million; and (j) preliminary studies, Php 50 million. During the martial law period, the Pan Philippine Highway was constructed connecting Luzon, Visayas and Mindanao through land and sea transport. The San Juanico Bridge, one of the longest bridges in Asia was built linking Samar and Leyte. The massive infrastructure project of the martial law regime had a profound effect on the economy: it provided jobs and boosted domestic trade. (7)Social Services The Marcos administration extended social services available to the people, especially the poor and rural folks. The social welfare program aimed at making them self-reliant and productive. According to Mrs. Imelda R. Marcos, social services must lead the poor to a life of self-reliance and not to a lifetime of begging. Health and Nutrition - Before martial law, the Philippines health service was inadequate and unsatisfactory, the rapid population growth was unchecked, and housing was a serious problem. In response to the inadequate health service in the country, the martial law regime restructured the health-care delivery system. The government renovated 2,135 of the 3,172barangay health centers and made them more functional. A total of 1,707 additional rural health centers were established throughout the country. Fifty (50) mobile hospitals and eighty (80) community hospitals and health centers were made available. Further, four (4) regional hospitals and seventy-three (73) emergency hospitals were built by 1979. Family Planning With a population of 45 million increasing at an annual rate of 2.9 (the highest in Asia), President Marcos vigorously pursued its family-planning program nationwide despite the opposition of the Roman Catholic Church. The program offered a variety of birth-control methods in consonance with the policy to make available to the people the right to select the methods that suit them well. Housing and Human Settlements The human settlement program of the Marcos administration aimed to liberate human communities from blight, congestion, and hazard and

to promote their development and modernization. Many squatter families from Metro Manila were relocated to major resettlement sites in Carmona, Cavite and in Sapang Palay (San Jose del Monte, Bulacan). In the financing of private housing, government lending institutions contributed substantially through the extension of individual residential loans and participation in masshousing projects.From 1973-1979, the government financed a total of 58,623 houses with total disbursements of Php 1.5 billion. Bagong Lipunan Sites and Services (BLISS) communities were established in several areas in Metro Manila through the initiative of First Lady Imelda Marcos, whom President Marcos appointed as Governor of Metro Manila and Minister of Human Settlements. The BLISS project was inaugurated in 1979 to improve the living conditions of low-income workers by providing them the 11 basic needs. The first three BLISS projects were in Barangay Sta. Cruz, Paco; Barangay Sta. Rita, Makati and Barangay Tadlak in Los Baos, Laguna. The project revolutionized the governments housing policy from a single unit to a condominium -apartment concept in order to accommodate more families in a limited space.