The Problem and Its Background: Manila Law
The Problem and Its Background: Manila Law
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
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
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.
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.
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.
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
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.
CHAPTER II
METHODOLOGY
Research Design
Sources of Data
Primary Data: Books
Secondary Data: Internet, Surveys
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.