There’s a picture splashed lately on the front page of a national newspaper showing battle-ready soldiers posing before a troop carrier. The news was that the military was preparing itself for a possible disturbance during or after the PGMA’s Sona on July 27. Although Malacañang was trying to downplay this show of force as part of a military exercise, the impression was that “Oplan August Moon,” allegedly a destabilization plot by some disgruntled elements in the AFP, must have shaken the equanimity of the Pasig Office.
The bomb that exploded in the Ombudsman compound two weeks ago plus the discovery of improvised explosive devices in the vicinity of the Agriculture office must have convinced the military that something is really going on that threatens the peace and order in the capital city. Some people, however, look at these incidents with skepticism. Their suspicion is focused on the military itself which they believe to be trying to create a situation that justifies the declaration of a state of emergency, if not martial law. That suspicion of course includes Malacañang. With its mandate about to end, the Administration is said to be in a hysterical state as it tries to find ways to hold on to power. Resolution 1109 of Congress is one of its strategies, it is said. And if that fails, why, perhaps martial law will do.
That observation seems to be stretching too far one’s imagination. But who knows if there really is Oplan August Moon? With the President’s credibility going rock-bottom, what with endless talks of multi-million dollar corruption, and recently, the successful coup in Hondures – who knows if there really are some adventurers in the military who are planning to break away from the chain of command?
There are those who counter this thinking by saying that the President’s hold on the military is solid because there are dozens of retired AFP and PNP high officials who are presently occupying high positions in the government. Moreover, has she not raised recently the pay and benefits of the average foot soldier and official?
Despite these the possibility of radical elements joining forces with some militants in the AFP and fomenting violence cannot be discounted. And if this happens, and public safety is threatened, the President has no choice but to declare martial law.
Martial law! The very word sends a shiver down the Filipinos’ spines. They remember the almost 20 years of despotic regime when basic rights were trashed and salvaging was the rule of the game. Shall they go through the same horrifying experience again?
One thing is that the 1987 Constitution has built-in provisions designed to check possible abuses by authorities under martial law. For one thing, the period is limited to only sixty days, unless extended by Congress. For another, Congress has the authority to revoke any such declaration. Moreover, the Supreme Court has the right to review the factual basis of the proclamation and promulgate its decision within thirty days from date of filing. Still more safeguards: A state of martial law does not suspend the operation of the Constitution, nor sets aside the functioning of the civil courts or Congress, nor automatically suspends the privilege of writ of habeas corpus.
Martial law under the present Constitution, if declared, will therefore be vastly different from the Marcos martial law. In fact, its declaration would not suspend the operation of the Constitution, hence democratic processes such as elections would continue to be observed. Human rights would continue to be respected, although if justified, the writ of habeas corpus may be suspended.
All these are theoretical safeguards, of course. The big question is, who can prevent the President from setting aside these provisions and come up with his own Constitution, as Marcos did in 1972? As commander-in-chief of the Armed Forces the President controls the entire military organization, and he can call out its personnel to perform tasks according to his desire. With a Constitution tailored to the President’s whims and caprices and approved by the people in a rigged up plebiscite, where would all these safeguards be?
In the midst of all these speculations, the prayer of the people is that there would be no serious social disturbances this year and in the years to come, and that elections would be held as scheduled and democratic process would continue to be practiced and respected.
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Email:edioko_uv@yahoo.com