Prelude to Martial Law
WE DO not dream that our country will experience another Martial Law. The real victims of Martial Law do not even want to think of it. Martial Law is the law administered by military forces that is invoked by a government in an emergency when the civilian law enforcement agencies are unable to maintain public order and safety.
Dictator Ferdinand E. Marcos made us taste Martial Law. It was a living hell for the victims. It was paradise for his cronies (relatives and friends appointed to positions of power). The first step to the declaration of Martial Law is the suspension of the “writ of habeas corpus.” The “writ of habeas corpus” is an order issued by a court of competent jurisdiction directed to the person detaining another.
That person is commanded to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. The “writ” is the order from the court requiring a person detaining another to show cause for the detention. If Juan de la Cruz is my enemy, I cannot keep him. The court will intervene.
The “privilege of the writ” is the further order from the court to release an individual if it finds his detention without legal cause or authority. Juan de la Cruz is not my piece of furniture. I cannot keep him in my room. His family, through the court, can demand for his release.
The “privilege of the writ of habeas corpus” may be suspended by President Digong in case only of invasion or rebellion, when public safety requires it. The person under detention by the government may not obtain his liberty by its use. The suspension of the “writ of habeas corpus” may call for a little drama for its justification.
Is our country in danger of invasion? Are we being invaded? Some script writers may say, “Yes, the Chinese are already in our small islands and rocks. China has made the Fiery Cross a military garrison hosting 200 Chinese soldiers (or more). It can also host fighter jets and surveillance aircraft. There is the 10,000foot-long runway. China, at any time, can impose restrictions on freedom of overflight in the area. Clearly, this is invasion. Is there a rebellion brewing in the country? Rebellion is an organized attempt to overthrow a lawful government by force of arms. The New People’s Army has been always here armed to the teeth and it is always espousing an idea that our government is not fair. The political leaders are just waiting for the twist of fate and the opportunity. They want to have the rule of the proletariats (the working class).
All these are par for the course in a healthy democracy, as some pundits have observed. To maintain a healthy system of checks and balances, a valid and external opposition is necessary. With Robredo out of the cabinet, she can play this role to the hilt according to some analysts. I am, however, not that optimistic about her effectivity as an opposition figure if she remains under the strings of the Liberal Party and allied political operators who have been discredited for their role in the past administration.
What is worrisome is that Duterte’s sharp drawing of political lines with the removal of Robredo in the cabinet occurs in the wake of the massive protests over the recent dictator’s burial. What many fear is that the move was a counter-offense of the Marcoses against the yellows in a war of families and I think we know which side the President is on. The Vice Presidency is again up for grabs and the battle is now in the Supreme Court where decisions can be skewed on matters beyond legal principles.
If that is the case, then we are in for sordid but interesting times. Let us hope that when the political dust settles in these skirmishes of our elite, they will eliminate each other out so that the nation will finally rid itself of these oligarchs and their champions from all sides of the political fence.