‘Allow martial law sans Congress, SC’

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Duterte proposal ‘appalling’ – Robredo

PRESIDENT Rodrigo Duterte wants the 1987 Constitution amended to allow the declaration of martial law without the approval of Congress and the Supreme Court, a statement swiftly condemned by the opposition.

Speaking before volunteer women in Pampanga on Thursday, Duterte said he wanted the declaration of martial law to be the sole prerogative of the President.

Under the 1987 Constitution, the Congress and the high court have the power to review the declaration of martial law.


“If I declare martial law and there’s an invasion now or a war, I cannot proceed on and on, especially if there’s chaos. I’ll have to go to Congress, I’ll have to go to the Supreme Court,” Duterte said in a mix of English and Filipino.

“What if the Supreme Court says something else, Congress says ‘yes,’ the other says ‘no’ or the other says ‘no’ and the other says ‘yes’? Where do I position myself? So I need to change that,” he added.

Duterte also argued that congressional and judicial review would defeat the purpose of declaring martial law.

“E kung magulo ang mundo? Kaya nga martial law na e. Para isang tao na lang ang mag-direkta [What if there is unrest in the world? That’s why we have martial law. So that only one person will give directives],” he said.
The President, however, added: “There is a safety measure there. I’ll just tell you later.”

‘Reckless reaction’ to Marcos regime

The 1987 Constitution states that the President may place the Philippines under martial law for no more than 60 days, and only in case of invasion or rebellion.

Section 18, Article VII of the Charter states that the President may likewise suspend the writ of habeas corpus within 48 hours from the proclamation of martial law.

The President is required to submit a report in person or in writing to Congress regarding the declaration of martial law or the suspension of the writ of habeas corpus. Congress, through a majority vote, can overturn the declaration. Congressional approval is also required to extend the declaration of martial law.

The Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or its extension, if a citizen petitions it to do so.

The President said the provisions on martial law in the Constitution were a “reckless reaction” to the Marcos regime. “We were just swayed by our anger,” he said.

He pointed out that Marcos used the 1935 Constitution as basis for declaring military rule.

“That Constitution was not a product of Marcos. He never took part in it. It was already the 1935 Constitution,
that’s Claro Recto, Quintin Paredes. The successors had no fault,” he added.

This was the third time Duterte publicly floated the idea of declaring martial law.

In August, Duterte asked Chief Justice Maria Lourdes Sereno if she would rather have the President declare martial law after her criticism of the government’s campaign against illegal drugs.

In October, Duterte said he was thinking of declaring military rule because of the illegal drug trade in the country, during a meeting with the Jewish community in Makati City.

‘Worst Christmas gift’

Reacting to the President’s statements, Vice President Maria Leonor “Leni” Robredo said Friday the call to remove constitutional restrictions in declaring Martial law was “appalling.”

“For President Duterte to challenge the democratic safeguards of the very Constitution he swore to uphold on June 30, 2016 is appalling. The threat of a return to Martial Law and one-man rule is the worst Christmas gift to the Filipino people,” Robredo, a lawyer like Duterte, said in a statement.

“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 added.

Sen. Grace Poe, whom Duterte defeated in the May presidential election, said: “Allowing the President’s declaration of martial law without the oversight of congress or the Supreme Court as to its validity is the wrong reason to amend the Constitution.”

For Sen. Leila de Lima, whom the President has accused of being involved in the proliferation of illegal drugs, the statements proved that Duterte was unfit to lead.

“We have to understand by now that all the President’s statements are fentanyl-induced. He can no longer be considered to be in a normal state of mind,” de Lima said, referring to the President’s choice pain-killer.

“The Cabinet should seriously consider declaring him unfit to perform the duties of the President and relay such opinion to Congress, in order to save this nation once and for all from the ramblings of a madman,” de Lima added.

‘We did not elect a dictator’

At the House of Representatives, opposition lawmakers blasted President Duterte for seeking a “constitutional dictatorship.”

“There’s a reason why popular leaders sometimes fail: they fall prey to the intoxication of power,” said Ifugao Rep Teodoro Baguilat.

Akbayan partylist Rep. Tom Villarin said: “We did not elect him (Duterte) to be a dictator nor to rule over us like a king.”

“Even Christendom welcomed the birth of Jesus who was born in a manger. Humility is the virtue of great leaders. I hope the President takes a lesson or two from our celebration of Christmas,” Villarin added.

Magdalo Rep. Gary Alejano said the public should not take the President’s pronouncements lightly, considering Duterte had admitted to murdering at least three people when he was mayor of Davao City.

“The people should be wary of such pronouncement of the President. It only shows his dictatorial tendencies.

Remember, Duterte was a virtual dictator of Davao City for over two decades where thousands died under questionable circumstances allegedly carried out by Davao Death Squad. He wants that kind of power in the national level,” Alejano, a former Marine captain, said.

House Deputy Minority Leader Jose Atienza of Buhay party-list said: “We cannot, once more, allow one man to also make the decision by himself. We learned from Mr. Marcos. We say, Never again!”

UN human rights chief a ‘joker, idiot’

In the same speech on Thursday, President Duterte called the United Nations human rights chief a “joker” and an “idiot” for saying that he should be investigated for murder.

Duterte said UN High Commissioner for Human Rights Zeid Ra’ad al-Hussein had no right to tell him what to do, saying that the Philippines, as a member of the international body, pays for the salary of UN employees.

“The United Nation human rights [chief]. He said Duterte is a murderer and he should be charged for murder. This guy is either a joker or medyo sira ang ulo [a bit insane],” the President said.

On Tuesday, al-Hussein said judicial authorities in the Philippines must demonstrate their commitment to the rule of law by launching an investigation into the murders involving Duterte.

On the same day, Philippine ambassador-designate to the United Nations Teodoro “Teddyboy” Locsin Jr. called for an end to the wave of killings of drug suspects and the withdrawal of a bill seeking to re-impose the death penalty.

But Foreign Secretary Perfecto Yasay Jr. slammed al-Hussein’s call, pointing out that the killings occurred during law enforcement operations.

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18 Comments

  1. “Duterte said he was thinking of declaring military rule because of the illegal drug trade in the country,…”

    I too am a lawyer, and I can tell you that Duterte is either a very dumb or very dishonest lawyer. Either way, he is extremely dangerous. The constitution states that martial law can only be declared in the case of invasion or rebellion. Yet Duterte says he would declare martial law because of the drug trade? It is clear why he wants the sole right to over-ride the rule of law by declaring martial law, without any legislative and judicial over-sight. While a case of invasion of a foreign power would be a very obvious situation he could not manipulate, in the case of rebellion he could define almost any situation, including opposition to his immoral drug war, to be a rebellion.

    When Duterte says that he wants the power to declare martial law alone “So that only one person will give directives”, he is openly declaring that he wants the power of a Tyrant. Three time already he has publicly commented on the possibility he will declare martial law. How many more times before the Filipino people wake up to the fact they have elected, and continue to support a Tyrant at heart.

    • Satan is the god of subtleties the reason why the whole world have been led astray. He is the lawless god who takes many forms. He can be a beautiful woman , an old man , or a handsome young man. Ditto lawlessness takes many forms and shapes—the obvious reason why many have fallen prey to its deceptive subtlety.

      Foreign invasion and the so-called rebellion constitute the many faces of lawlessness. Since these two belong to the office of the Devil , it can change form and take the shape of a drug menace , of course courtesy of the agency of the clever devil—so that the unsuspecting people and corresponding authorities will be at a loss on how to deal with it , of what kind of laws they are going to use to hold it off because rebellion has come in the guise of a drug monster.

      Bear in mind that foreign invasion and rebellion as well , and so with the drug menace have only one purpose why they exist—to destroy.
      If your nation is being beset by the illegal drug and it has grown into a huge monster so that it has thrown the whole nation into chaos , what will you do?

      If you were the president , will you still hold your integrity and refrain from declaring the martial rule because it does not appear , according to the books , as foreign invasion or rebellion?
      Will you let your whole nation to be eaten up by those destructive wild dogs because the drug monster does not appear as foreign invasion or rebellion?

      Also remember when chaos abound , all the lawless elements unrelated to drugs will willingly join the fray because that will be the high day for all shapes of lawlessness.
      Will the martial law be on hold because the lawless enemies happened to be wearing a different mask?

  2. “What if the Supreme Court says something else, Congress says ‘yes,’ the other says ‘no’ or the other says ‘no’ and the other says ‘yes’? Where do I position myself? So I need to change that,” he added.

    Duterte also argued that congressional and judicial review would defeat the purpose of declaring martial law.

    ****************

    The president is correct because martial law should be higher than the power of both the congress and the Supreme Court. Why treat as subordinate the last recourse of the government to stop lawlessness , if ever the threat of lawlessness surfaces.

    You see , martial law is the old standby hero in case things go offhand. You can likened the martial law to a superhero who is on the reserve , and always ready to fight the lawless enemies once they invade the country’s peace and stability.

    The main culprit why it has gotten notoriety is the people’s own ignorance. Ignorance is the closest kin of fright. People are afraid of things they do not really understand. It is very hard to get ignorant people to understand wisdom , because wisdom , unfortunately , is only for the wise and the comprehending—never for the common people.

    With the high court and the congress lording it over the principal hero of our nation , the martial law—the government is already defeated. So the main problem is the ineptitude of our so-called lawmakers.

    They have forgotten that even the rule of law is only transitory. It would sure lose its power when extreme lawlessness comes to power.

  3. Pag martial law nga naman, di na makakaporma ang mga anti-government forces..mga opposition.. di sila makakaporma sa gobyerno o kay Mayor pag martial law ang Pilipinas.

    Mga nagrereklamo at against are the same person who are against the late Pres. Marcos. They are the same activist, pro – communist.

  4. It does not take a genius to figure out that all the previous dictators in the world became adversaries of the United States. The Philippines is not an exception. Ferdinand Marcos was a friend of President Reagan. President Reagan was an instrumental in the overthrow of Marcos. That ouster happened when the majority of the Filipino people were suffering due to the abuses of Marcos, one of them the extra judicial killings of anyone against him. We are having a new US president who is not a coward. He wants to make America Great Again. It means he wants also a Free World of Democracy. Obviously, China and Russia are not democratic countries. Filipinos love Freedom. Filipinos know that Russia and China are enemies of Freedom. Let us see what will happen?

  5. The people of this world really do not comprehend Duterte’s mind. And because they lack the ability to read his lines—they call him a lunatic.
    I tell you beware because Christ himself condemned such act of disrespect to a leader. You will be answerable to the judgement seat of Christ.

    The President is using what is termed as UNCONVENTIONAL WISDOM. And don’t you know that it is also the same Wisdom used by Christ?

    This Wisdom is the wisdom of the wise as compared to Conventional Wisdom which is the common wisdom of the whole world , and is also the wisdom of Satan. Satan is the devil who taught men to think in the conventional way.
    This is the very reason why it is said in the gospel—the whole world is under the power of the evil one.
    The whole world is a conventional thinker.

    It is no wonder why many people really do not understand the President because of his employing the Unconventional way of thinking.
    Did you know that this Unconventional Wisdom is the key to unlocking the so-called “mystery of Christ” in the bible?

    If you do not have this key , you will never understand the words of the President and so with the words of Christ. And because of your own ignorance you will “eat his flesh with his blood ” , and in so doing , you will be utterly condemned by The Lord.

    In conclusion , everybody should strive to raise his awareness so that you will have the chance to feel and see the true beauty of the UNCONVENTIONAL which is the beauty of The Lord.

  6. Then make don vito duterte an emperor and his words are sacred that needs to be obeyed or DDS will hunt you

  7. Santi Kampilan on

    The Buerger’s Disease blackens your limbs as the disease progresses. This illness has crept up in Duterte’s brains and has darken his ability to make sense in his judgment.
    This is pathetic coming from the leader of this democratic nation whose leader wants to be the “sole authority”.

  8. Referring to Duterte as a lawyer is also appalling. Would a half-decent lawyer incriminate himself by admitting that he killed people?

  9. No one should be surprised by Duterte’s attempts to grab complete and total control. According to the polls, he has massive approval ratings, so he doesn’t care what the opposition thinks. From the outside, what is happening in the Philippines makes me ill. But, Duterte’s erratic nature can be explained by his self-admitted use of fentanyl. I could see that he was a drug user from the first time he insulted the USA and called our President Obama a son of a whore. On the other hand, we are told by Duterte’s spokesmen that we should not take what he says literally. Honestly, the world is more confused as ever to understand Duterte. Soon there will be two Presidents the same — we have a lunatic President about to be sworn-in here in the USA. But in our case, he is not popular — in fact, he lost the popular vote by almost 3 million.

    • Yes , you were right in saying that the whole world is confused. This world deserves that ignominy because it cannot get out of Satan’s craftiness. Biblically it has been testified—the whole world is under the power of the evil one.
      The whole world , under the power of the evil one is thereby declared lawless because of satan , the lawless one. So what can you expect out of this world who is living under the stewardship of the Devil?
      What comes out naturally from it is all evil!

  10. Another one of lunydute’s drug induced psychotic episodes. He thinks the lawmakers and justices are drug crazed like lunydute to make themselves irrelevant on martial law deliberations.

  11. Why not just allow the President to do whatever he likes without any legal entanglements? An Imperial President so to speak.

  12. Outstanding idea. But, as usual, trouble makers in the government fdo not want anything to do with this, as they are scared they will be hunted. Naturally, they will as they the one putting the country in Jeopardy. Civil unrest need to be stop. The country do not need this Party List in Congress. They need to be put where they belong. In Jail.

  13. In dealing with a war against criminals , one should understand that criminals should be the ones destroyed not the forces of the government. Bear in mind that all these forces of darkness do not have respect for human rights , and since they do not have regard for human rights—why accorded them the benefit of human treatment?

    Read and understand the International Bill of Human Rights , what does it say?
    All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

    Who do you think are the humans referred to in the declaration?
    Even the framers of this bill appear to be ignorant of what they had written—they are quick to defend those merciless criminals.
    Why give special treatment to these animals who do not love their neighbors?…who do not live in accord with the spirit of brotherhood?

    They are not humans but they are very much like unreasoning animals. They do not believe in God , they do not honor their countrymen , they do not obey the laws of the land , the only thing they know are themselves.
    Notwithstanding , you still want to extend the bill of human rights to heinous criminals!

    It is very clear that the bill of human rights was written for the welfare of good people not for the evil ones. This gives the government the power and duty to protect its law-abiding citizens using their own bill of rights. This bill should not be used by criminals to protect themselves against the onslaught of justice. Criminals have no portion in the bill of human rights , so why allow these bastards to use what is not theirs.

    Human rights of criminals is an illusion created by Satan. Evil cannot be exterminated if it is given the face of human rights. Evil is evil. It should be exterminated!
    The monkey at the back of the government’s drive against criminality is the issue of human rights. Despite the fact that , human rights of criminals is nowhere to be found in the draft , they still insist on it.

    Lawlessness against lawlessness should be the maxim. It is never a crime to annihilate these destructive wild dogs to preserve a nation. This might send an electric shock into your spines. These so-called human rights advocates are blind. You should have written a separate bill for criminals to set the record straight , and it should read like this : international bill of human rights for criminals.
    You should have done that in the first place if you want heinous criminals to benefit from your own act of benevolence.
    Do not offer and serve the bill of human rights of the good citizens of the world to the enemies of the people and the state.

    Now , without much ado , let us proceed to the central story : did you know that there are two versions of lawlessness ?
    The first version is the version according to man while the other version is according to God. The man’s version is committed within the confines of the law—since one is under the law he is obliged to obey the law , otherwise non-obeisance lead to lawlessness.
    This is the common version of lawlessness according to man—the transgression of the laws. If one transgresses the law—he is said to be lawless.

    Whereas , the lawlessness which is of God is done apart from the law , human laws do not apply to God for He is above all. He is not subservient to any law for He is God. God has nothing to do with any human laws—He abhor them!

    Humans are sinners because they are LAWLESS , whereas God is sinless because He is LAWLESS. Look at the two words in capitals. They look identical but in truth they are not. They appear the same but they are actually OPPOSITES. Observe the shift in meaning from man to God.
    God’s lawlessness springs from the fact that , the laws do not exist with Him that is why God is irreproachable because the laws do not apply to Him.

    You see , there is another meaning for lawlessness of which the whole world is ignorant of. It is the state of lawlessness wherein the laws are not applicable or simply do not exist with God. Lawlessness denotes the non-existence of laws as applied to God. Therefore , God is said to be lawless for the laws do not dwell with Him. And because He is lawless therefore He is sinless.
    It is said that the power of sin is the law—when there is no law , sin is not imputed.
    Is there anyone higher than God to put Him under the scrutiny of the law?

    Otherwise , do you want to be wild , thinking that God can be sued in court and can be imprisoned like evil men? if that is possible. You wicked men , clean up your filthy minds!
    The only thing that is common to these two faces of lawlessness is the spelling , but in meaning , they are two worlds apart.

    The man who does this kind never have to worry about committing sin because it is the Lord’s version , and it is The Lord who owns it. And therefore there is freedom from every guilt when a man does everything in the spirit of lawlessness which is according to God.

    The Bible is the book of the world , and everything which happen on earth is right there in the book—from the beginning to the ending , the bible should be your guide to make out decisions. What is happening now has already happened a long time ago. So you have a vast reservoir of ready-made solutions to the bugging problems of our society.

    In the olden times , evil was exterminated without the sanction of any human rights issue. The servants of The Lord cannot annihilate their enemies if the human rights of evil exist.
    It is only the Devil who is very much interested in the human rights of evil for he does not want his evil to be eliminated. So he vied for it for the sake of his devils.

    The Lord’s own kind of lawlessness put his servants beyond human reproach for The Lord Himself is beyond reproach. The lawlessness of The Lord pitted against the lawlessness of men is an antidote.

    This truth has been hidden and has been kept secret throughout the generations of the world. It is now being revealed to the whole world for everybody’s ramification.
    The lawlessness that is man’s and the lawlessness that is God’s , belong to the opposite ends of the earth ; they are hostile with each other.

    If God commanded you that you should kill all criminals without let up , will you not do it?
    If you deliberately withheld your tongue , and lingered long to answer—then you are not God’s servant but an enemy. Why entertain doubts and deliberate when The Lord is the one issuing the command?
    If you truly love God , obey and do without hesitation , otherwise you are a devil , for the devil always has doubts and hesitates because he is the father of doubts and uncertainty.

    This is what set David apart from the rest of the world. He love The Lord truly so that whatever He commanded him , he carried out to the letter.
    Read your bible , it is there written in all its glory—the exploits of David.
    You will read how he annihilated a whole nation of evildoers and enemies , including their beasts , razing down everything to the ground , according to the word of The Lord.
    Never has the Lord account it as unrighteousness. Will you condemn The Lord for what He had commanded David to do? Are you blind , do you think God is like you , sinners , that you should condemned Him?

    Who would dare declare God as a sinner when He completely destroy all sinners and criminals at the end of the world!
    He can do this kind of lawlessness because He is The Lord. The lawlessness of God is pure because it does not reside with the laws—it is pure because the laws are powerless to convict Him.
    The laws are made to serve sinners and criminals , not God.

    This is the righteousness apart from the law—you follow God not based on the law , rather you follow the will of God or what emanates right from His mouth.
    If you observe the law , you will be a transgressor for the law states : thou shall not kill.
    But if you obey what actually issues from the mouth of God—then that is righteousness , and you are thus declared righteous.

    This is the lawlessness according to God , and David knew this secret wisdom , and he used it to full advantage in destroying the lawless enemies.
    No wonder The Lord love him exceedingly.

    And the beauty of it all—we can apply this secret wisdom in our own time to annihilate those lawless enemies.
    What have you to say , protectors of lawlessness and evil in this world?

  14. Where else can anybody see all the government staff defying the head – ex. ERC, AMLC, judiciary, vp, commissioners … all.

    All the three branches of government have so completely failed, and these very same evils, with some external forces are now going all out to remove the one who cares, the one who seems like fighting the windmills…

    Either ml or a revolutionary government is the solution to a totally failed system.