WHAT WORRIED PEOPLE WANT MARTIAL LAW TO BE

1 IT MUST HAVE ‘FACTUAL BASIS.’ Only if there is invasion or rebellion AND when public safety requires it. The president determines that condition but Congress has the duty to review the decision and see if basis” for the declaration exists. Congress may revoke or extend it. The Supreme Court, on petition of a complainant, is also required to make such a judicial review.

2 IT IS LIMITED TO THE LOCALITY WHERE THE REBELLION EXISTS. Where martial law can be localized, it shall be limited in scope to minimize the disruption of economic and social life.

3 IT MUST FOLLOW THE OTHER CONDITIONS PROVIDED BY THE CONSTITUTION, including the continued operation of the judicial and legislative branches and jurisdiction of civil courts over civilians where such courts still function.

4 BEING AN EMERGENCY AND TEMPORARY MEASURE, IT SHALL BE LIFTED AS SOON AS THE EMERGENCY CEASES. The Constitution sets 60 days but it may be shortened. Then president Gloria Arroyo declared martial law in Maguindanao on Dec. 5, 2009 and lifted it seven days later, on Dec. 12. The president can send out troops to suppress lawless violence where it erupts even without declaring martial law.

5 THE LEADERSHIP SHOULD BE READY WITH MECHANISM FOR ABUSES UNDER MARTIAL LAW, which can still happen despite the Constitution’s safeguards. The problem is when it does not or cannot control the abuses. The police embarrassed the administration with its abuses in the “drug war.” Would the military, trained to do battle and not deal with civilians, do better?