Chapter I

Introduction
The Problem and its Background
Marcos attended school in Manila and studied law in the late
1930s at the University of the Philippines, near that city. Tried for the
assassination in 1933 of a political opponent of his politician father,
Marcos was found guilty in November 1939. But he argued his case on
appeal to the Philippine Supreme Court and won acquittal a year later.
He became a trial lawyer in Manila. During World War II he was an
officer with the Philippine armed forces. Marcoss later claims of having
been a leader in the Filipino guerrilla resistance movement were a
central factor in his political success, but U.S. government archives
revealed that he actually played little or no part in anti-Japanese
activities during 194245. From 1946 to 1947 Marcos was a technical
assistant to Manuel Roxas, the first president of the independent
Philippine republic. In 1965 Marcos, who was a prominent member of
the Liberal Party founded by Roxas, broke with it after failing to get his
partys nomination for president. He then ran as the Nationalist
Party candidate for president against the Liberal president, Diosdado
Macapagal. The campaign was expensive and bitter. Marcos won and
was inaugurated as president on December 30, 1965. In 1969 he was
reelected, becoming the first Philippine president to serve a second
term. During his first term he had made progress in agriculture, industry,
and education. Yet his administration was troubled by increasing student
demonstrations and violent urban guerrilla activities. On September 21,
1972, Marcos imposed martial law on the Philippines. Holding that
communist and subversive forces had precipitated the crisis, he acted
swiftly; opposition politicians were jailed, and the armed forces became
an arm of the regime. Opposed by political leadersnotably Benigno
Aquino, Jr., who was jailed and held in detention for almost eight years
Marcos was also criticized by church leaders and others. In the
provinces Maoist communists (New Peoples Army) and Muslim

separatists (notably of the Moro National Liberation Front) undertook

guerrilla activities intended to bring down the central government. Under
martial law the president assumed extraordinary powers, including the
ability to suspend the writ of habeas corpus. Marcos announced the end
of martial law in January 1981, but he continued to rule in an
authoritarian fashion under various constitutional formats. Despite of all
the things that President Marcos made for his country, he is still
criticized by some of the citizens here in the Philippines. As President
Rodrigo Duterte rule the Philippines now, the Martial Law is a big issue
again because of some similarities that the both president have. And this
is the reason why the researchers are conducting a research in the said
problem. The researchers are aiming to know the effects of the Martial
Law in the present time.
Review of Related Literature and Studies
This portion of the paper aims to review existing literature related
to the proposed topic and will be further subdivided into three sections.The
first portion provides the definition of The Martial Law.This section
discusses how some authors have defined Martial Law.The second portion
looks into some country that experience Martial Law.The final portion is a
case study of Martial Law in the Philippines.
I.Martial Law: Definition
Martial law is the imposition of the highest-ranking military officer
as the military governor or as the head of the government, thus
removing all power from the previous executive, legislative, and
judicial branches of government.It is usually imposed temporarily
when the government or civilian authorities fail to function effectively
(e.g., maintain order and security, or provide essential services).
Martial law can be used by governments to enforce their rule over the
public. Such incidents may occur after a coup d'tat (such as
Thailand in 2006 and 2014); when threatened by popular protest
(China, Tiananmen Square protests of 1989); to suppress political
opposition (Poland in 1981); or to stabilize insurrections or perceived

insurrections (Canada, The October Crisis of 1970). Martial law may

be declared in cases of major natural disasters; however, most
countries use a different legal construct, such as a state of
emergency. Martial law has also been imposed during conflicts, and
in cases of occupations, where the absence of any other civil
government provides for an unstable population. Examples of this
form of military rule include post World War II reconstruction in
Germany and Japan as well as the southern reconstruction following
the U.S. Civil War. 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 tribunal (court-martial).
II.Countries That Experience Martial Law
Brunei
Canada
Egypt
Iran
Ireland
Israel
Mauritius
Pakistan
Poland
South Korea
Switzerland
Taiwan
Thailand
Turkey
SFR Yugoslavia
United States

III.Case Study: Martial Law in the Philippines

Proclamation of Martial Law: On September 21, 1972,

President Ferdinand E. Marcos placed the Philippines under Martial
Law. The declaration issued under Proclamation 1081 suspended the
civil rights and imposed military authority in the country. Marcos
defended the declaration stressing the need for extra powers to quell
the rising wave of violence allegedly caused by communists. The
emergency rule was also intended to eradicate the roots of rebellion
and promote a rapid trend for national development. The autocrat
assured the country of the legality of Martial Law emphasizing the
need for control over civil disobedience that displays lawlessness.
Marcos explained citing the provisions from the Philippine
Constitution that Martial Law is a strategic approach to legally defend
the Constitution and protect the welfare of the Filipino people from the
dangerous threats posed by Muslim rebel groups and Christian
vigilantes that places national security at risk during the time. Marcos
explained that martial law was not a military takeover but was then
the only option to resolve the countrys dilemma on rebellion that
stages national chaos threatening the peace and order of the country.
The emergency rule, according to Marcoss plan, was to lead the
country into what he calls a New Society.
Marcos used several events to justify martial law. Threat to
the countrys security was intensifying following the re-establishment
of the Communist Party of the Philippines (CPP) in 1968. Supporters
of CPPs military arm, the New Peoples Army, also grew in numbers
in Tarlac and other parts of the country. The alleged attempt to the life
of then Minister of Defense Juan Ponce Enrile gave Marcos a window
to declare Martial Law. Marcos announced the emergency rule the
day after the shooting incident. Marcos also declared insurgency in
the south caused by the clash between Muslims and Christians,
which Marcos considered as a threat to national security. The
Muslims were defending their ancestral land against the control of
Christians who migrated in the area. The minority group organized
the Moro National Liberation Front (MNLF) in Malaysia and pushed
for the autonomy of Mindanao from the national government.

Juan Ponce EnrileThe move was initially supported by most

Filipinos and was viewed by some critics as a change that solved the
massive corruption in the country. Martial law ceased the clash
between the executive and legislative branches of the government
and a bureaucracy characterized by special interest. Marcos started
to implement reforms on social and political values that hindered
effective modernization. To match the accomplishments of its Asian
neighbors, Marcos imposed the need for self-sacrifice for the
attainment of national welfare. His reforms targeted his rivals within
the elite depriving them of their power and patronage but did not
affect their supporters (US Library of Congress, Martial Law and the
Aftermath).
Thirty-thousand opposition figures including Senator Benigno Aquino,
journalists, student and labor activists were detained at military
compounds under the Presidents command (Proclamation 1081 and
Martial Law). The army and the Philippine Constabulary seized
weapons and disbanded private armies controlled by prominent
politicians and other influential figures (Proclamation 1081 and Martial
Law). Marcos took control of the legislature and closed the Philippine
Congress (Proclamation 1081 and Martial Law). Numerous media
outfits were either closed down or operated under tight control
(Proclamation 1081 and Martial Law). Marcos also allegedly funnelled
millions of the countrys money by placing some of his trusted
supporters in strategic economic positions to channel resources to
him. Experts call this the crony capitalism.
Former Senator Benigno "Ninoy" Aquino, Jr.The deterioration
of the political and economic condition in the Philippines triggered the
decline of support on Marcos plans. More and more Filipinos took
arms to dislodge the regime. Urban poor communities in the countrys
capital were organized by the Philippine Ecumenical Council for
Community and were soon conducting protest masses and prayer
rallies. These efforts including the exposure of numerous human

rights violations pushed Marcos to hold an election in 1978 and 1981

in an aim to stabilize the countrys chaotic condition. Marcos, in both
events, won the election; however, his extended term as President of
the Republic of the Philippines elicited an extensive opposition
against his regime. Social unrest reached its height after former
Senator Benigno Aquino was murdered. The incident sent thousands
of Filipinos to the streets calling for Marcos removal from post.
Turning again to his electoral strategy, Marcos held a snap election in
1986 but what he hoped will satisfy the masses only increased their
determination to end his rule that seated Corazon Aquino, widow of
Benigno Aquino, as President of the Philippines ousting Marcos from
Malacaang Palace and ending the twenty-one years of tyrant rule.

Theoretical Framework
The rule of law means being subjects to constitutional principles and
restraints that preclude the arbitrary exercise of power. That requires our
public offers to act within the limits of their authority as pescribed by law. It
is a cornerstone of our constitutional system of government.
Atty. Francesco Britanico (2015, Lawyers in the Philippines) defines
"Martial law, is to place a certain country and any part of it under the power
of the President's military power.We have retained it in every iteration of our
Constitution. But it is in many ways a power so inconsistent with our system
of separate and balanced branches of government as to make its
persistence striking. Because although the rule of law limits the normal
exercise of governmental power through a code of written law, under a
regime of martial law the scope of that powers exercise is not fixed and is
not written down. It is limited only by necessity."
Under the constitution of the Philippines,the President can impose martial
law on the ground of invasion or rebellion, when public safety requires it.
Martial law, therefore, is to be invoked in those cases where the very
existence of the State is threatened. It is premised, upon the principle that
the state has a right to defend itself and rests on the proposition that

every state possesses the power of self-preservation. Martial law has

been characterized as the public right of self-defense against a danger to
the order or the existence of the state.
Consider this with the words of the scholar Karl Jaspers, We too easily
forget the fundamental reality of force, although it is present to us daily,
even though covertly. Force is inescapable there is no human existence
without the reality of force. The reality of force is something we should
never forget when speaking of martial law.

It is no mere parade when military power is called on and when martial law
is invoked. When the President exercises his powers under martial law,
when he calls on the men with the rifles and on the tanks, those rifles have
bullets inside them and those tanks have explosive shells. Violence and
physical restraint are part and parcel of the power that can be called upon.

This is a blunt aspect of martial law which merits clear-eyed

acknowledgement. Force may be called on and used to uphold the troubled
civil order. For as the very old martial law case of Luther vs. Borden,
decided in 1849, found :

unquestionably, a State may use its military power to put down an

armed insurrection, too strong to be controlled by the civil authority. The
power is essential to the existence of every government, essential to the
preservation of order and free institutions, and is as necessary to the
States of this Union as to any other government. The State itself must
determine what degree of force the crisis demands. And if the government
deemed the armed opposition so formidable, and so ramified throughout
the State, as to require the use of its military force and the declaration of
martial law, we see no ground upon which this court can question its
authority. It was a state of war; and the established government resorted to
the rights and usages of war to maintain itself, and to overcome the
unlawful opposition. And in that state of things the officers engaged in its
military service might lawfully arrest anyone, who, from the information
before them, they had reasonable grounds to believe was engaged in the

insurrection; and might order a house to be forcibly entered and searched,

when there were reasonable grounds for supposing he might be there
concealed. Without the power to do this, martial law and the military array
of the government would be mere parade, and rather encourage attack
than repell it."
Necessity, the only principle which restrains force is the same that which
authorizes it. Because in martial law, th government contemplate the use of
force to meet the needs of the moment. This force can be regulatory or
destructive, covert or extreme, especially in the actual operation.
Because it deals with control for the sake of the public welfare, martial law
has been recognized as an exercise of the inherent police power of the
State, that power which promotes the public welfare by restraining and
regulating the use of liberty and property, and which is normally exercised
by the Legislative branch.
In the name of necessity, under martial law the Executive can exercise
powers normally vested in the other branches of government. This shouts
of its truly extraordinary nature. It is in this that martial rule is marked apart
from the ordinary power of the President, as Commander-in-Chief, to call
out and command the armed forces.

These lay out the academic principles by which martial law has been
defined. But they are somewhat abstract. There are other ways to come to
grips with what martial law is, and one of the best is by examining the
process through which the legal concept came about. And, also, the way it
actually operates in practice. These two aspects of martial law : First, how it
came to be which is to say its historical existence and Second, how it is
actually employed and conducted, can enlighten us on what is meant, here
in the Philippines, when we speak of martial law.
In the constitution of the Philippines, Martial Law is actually an American
inheritance , the power to impose martial law has long been recognized in
the American system of government and there are decided cases, old
decided cases, where the American courts rulings on both the imposition
and the conduct of martial law reverberate in Philippine law until today.

There is the celebrated 1866 case of Ex parte Milligan, arising from

President Abraham Lincolns declaration and exercise of martial law during
the American Civil War. Ex parte Milligan gave us some of our guiding
principles with regard to martial rules relationship to civil authority.

Martial law does not supersede civil authority, but is called upon to aid the
latter in the execution of its civil functions. Ex. parte Milligan tells us that,

"...If, in foreign invasion or civil war, the courts are actually closed, and it is
impossible to administer criminal justice according to law, then, on the
theatre of active military operations, where war really prevails, there is a
necessity to furnish a substitute for the civil authority, thus overthrown, to
preserve the safety of the army and society, and as no power is left but the
military, it is allowed to govern by martial rule until the laws can have their
free course. As necessity creates the rule, so it limits its duration, for, if this
government is continued after the courts are reinstated, it is a gross
usurpation of power."

The Jones Law provisions on martial law were transposed wholesale into
the 1935 Constitution of the Philippines, and the power to impose martial
law earlier possessed by the American Governor General was vested on
the President of the Philippines. With, however, an important omission.

The grant of authority to declare martial law has a restricted requirement

that, whenever he would exercise this authority, he would at once notify the
President of the United States, together with the attending facts and
circumstances, in order to have the power to proclaim martial law.
President Ferdinand Marcos of the Philippines in September 1972,
declared Martial Law seeing the country was suffering from grinding
poverty, widespread corruption, a stalled political and judicial system, and
internal violence. There are three alternative explanations for the martial
law decisions are: (1) The official, constitutional explanation is the threat of
violent rebellion. (2) Another view sees martial law as Marcos' way of

circumventing congressional and bureaucratic obstruction to achieve

reforms and eliminate corruption--whether for altruistic or selfish reasons.
(3) The "imperialist lackey" view focusses on Marcos' relations to United
States and multinational business interests.

Conceptual Framework

CAUSES:

AFFECTED ARE:

1. Communist threat
2. High Crime Rates
3. Corruption within the
government

1. Economy of the
Philippines
2. Filipinos

MARTIAL LAW

Statement Of the Problem

The following are the problems which the researchers aimed to
answer and solve at the end of the research. Also, these questions served
as the center of the course of the research.
1. What is the profile of the respondents in terms of:

1.1
1.2

age, and
gender?

2. What are the positive and negative effects of Martial Law during
the present time?
3. What are the factors that affect a respondents answer?
4. Is there a difference in the answers among the respondents in
terms of their profiles?
Hypothesis
Hypothetically, we see that many people up until now are still afraid and
still opposed martial law but as we can observe there are a few people who
agrees and believes that there can be a good outcome in pursuing martial
law once again.
The fear of the citizen can still be dissolved. The main reason of this
great fear of the nation about martial law is that they're afraid that they may
once again lose their freedom to do all the things that they would want to
do, they are afraid to be tied on a leash and to never get to speak up about
their gripes and complains.
Nevertheless, the people who are still afraid about what may be the
outcome of martial law should educate theirselves so that they may have a
further understanding towards it.

Significance of the Study

We, the researchers believe that conducting survey and
gathering informations will help us to know what was the real effect of
martial law in every individuals that witness and suffer from it. It will help
us to know why people agree or disagree about this law. It can also
help us to understand their opinion about martial law.

By this research, we can conclude that martial law has a big

impact to our society. It changed everything after former president
Marcos ruled us. It will serve as a copy or record of opinion of people
nowadays. Like us, we are only a senior high school that was born
around 1997-2000 so that we dont have enough idea about this law.
We only base on book, internet, and articles. But this research will help
us especially teenage student to know more about our society before.
In addition, this research could be our first step in knowing the opinions,
feelings, and how was law affect their lives. And we, the researchers
will gain more knowledge about this topic.

Scope and Limitations

This survey and research are done inside the New Era University. We
gathered informations from students from different courses and staff of
the school.
Definition of Terms
The following terms may help you to further understand this research.
Acquittal - Law. judicial deliverance from a criminal charge on a verdict
or finding of not guilty.
Assassination - to destroy or harm treacherously and viciously.
Authoritarian - exercising complete or almost complete control over the
will of another or of others
Autocrat - n absolute ruler, especially a monarch who holds and
exercises the powers of government as by inherent right, not subject to
restrictions.
Bureaucracy - government by many bureaus, administrators, and petty
officials.
Establishment - the act or an instance of establishing.

Habeas Corpus - a writ requiring a person to be brought before a judge

or court, especially for investigation of a restraint of the person's liberty,
used as a protection against illegal imprisonment.
Inaugurated - to introduce into public use by some formal ceremony:.
Insurgency - insurrection against an existing government, usually one's
own, by a group not recognized as having the status of a belligerent.
Insurrections - an act or instance of rising in revolt, rebellion, or
resistance against civil authority or an established government.
Intensifying - to make intense or more intense.

Judicial - pertaining to judgment in courts of justice or to the

administration of justice.
Legislative - having the function of making laws.
Martial law - the law temporarily imposed upon an area by state or
national military forces when civil authority has broken down or during
wartime military operations.
Patronage - the financial support or business provided to a store, hotel,
or the like, by customers, clients, or paying guests.
Prominent - standing out beyond the adjacent surface or line.
Quell - to suppress; put an end to; extinguish.
Regime - a mode or system of rule or government.
Subversive - a person who adopts subversive principles or policies.
Supersede- take the place of (a person or thing previously in authority
or use); supplant.
Swiftly - moving or capable of moving with great speed or velocity
Tyrant rule - a sovereign or other ruler who uses power oppressively or
unjustly.
Vested- secured in the possession of or assigned to a person.

CHAPTER II
METHODOLOGY

Research Design

What is the definition of Martial Law?

What are the effects of Martial Law?
What was it like during Martial Law?
What would be the greatest achievement Marcos accomplished during
his tenure?
In your experience, was the declaration of Martial Law necessary?
Did the Philippines improved during Martial Law?

Population and Sampling

The researchers believes that the 150 persons who experienced the
Martial Law in the Philippines can represent a whole can be as simple as
all the population who experienced the Martial Law in the Philippines.

Sources of Data
Primary Data: Books
Secondary Data: Internet, Surveys

Data Gathering Procedure

We conducted an interview inside the NEU College Building and the
people we know.And our interviewee responded this.
*What is martial law
-according to Jeweline Gregorio Caingat,a medtech student,seventeen
years old. She said that martial law is a "war". It is a war.
"For me military first before people", said Heartee Jamille a B.A com.
"Although there is president that there is above all, the president should
consider the military first because it is important to the president,his
military people.Military first to protect the people,country and the nation.
We interviewed two security guard of New Era University College.
Here's what the first security guard said. His name is Noel Torres,
"Martial law is a law of military. Military will rule this country or military
have it's power over us". Noel Torres was a grade three-student when
martial law was implemented so he said that he knew what was martial
law is. The second security said that it gives power to discipline us
people and martial law implement curfew.
*What is the effect of martial law?
Curfew Hours. Much better to have this policy because it maintains
discipline within a certain area. Nowadays, many teenage or youth went
home late for parents, it is terrifying,so they want curfew for the
discipline of the people.But the bad effect of it is that the they can kill
innocent people.
They said that the it has positive and bad effects. The positive effect is
that the decreasing of crime or decreasing people doing crime.
The negative effect is that the people can be out numbered. The people
can be put to anxiety,shame,worries and brought to tears when once
the're love ones had killed or die. And some said that it has a big effect
to our country. It can be peaceful. If there is no martial law all crimes

are there. So if it will be implemented, then if the crime had gone to our
country, our country will be peaceful and have a solid a stable society.
*Is the philippine grow when it influenced by martial law?
Some say yes, some said no.
They said yes because when it comes to money. Our money increases
the value.And almost all of our infrastructures and structures was build
by the leading of Marcos because He is a idealistic and futuristic man.
So philippines grow.Some said no because Marcos was impeached.
There is hidden crime that Marcos did.
*Are you pro or anti?
Many said that theyre pros and antis, but there are some interviewees
are in between.
Data Analysis
Data analysis
Martial law is a war.Martial has it's big effect to us people and to our
dearest country.Martial has it's bad effect and positive effect.Some
people want martial law.They are favor enough to it but Some People
can't even decide if they are favor to martial.Because they didn't
experience it and they've got influence of the thoughts of other people
about it.So they are in between or fifty fifty.They balance the thoughts
and effect of it.And some people don't want martial law, mostly the
people who've got affected by the martial by itself.Specially if the're
family got affected to the darkest part of their martial law's life.But some
who've experience martial law are favored.