Impact of Martial Law and Narco List on Constitutional Rights in Philippines

Supreme Court of Philippines 1
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Supreme Court of Philippines
Contents
Question 1..............................................................................................................................
.3-5
Question 2..............................................................................................................................5-7
References................................................................................................................................8

Supreme Court of Philippines
Question 1
The term “Martial Law” refers to a situation in the country in which the military action is
required to overcome the situations of emergency and situations which are likely to result into
wars (Rajput, 2016). Hence, the purpose of “Martial Law” is to restore the law and order in the
nation. Such a law implies suspension of ordinary law and imposition of restrictions over the
rights of civilians. Such a law is not a codified law (Rajput, 2016) and thus it provides with wide
discretionary powers to the military & that in the absence of codification of “Military Law”
there is always an apprehension of arbitrary use of such discretion at the hands of military
men.
Impact of “Military Law” would be such that military men may arrest a person without
warrant merely over suspicion and detain him for an infinite period, they may even injure a
person or take away his life or destroy someone’s property. Anything done by the military
men would not be subject to the jurisdictions of the court, thus making them completely
immune from any sort of criminal or civil liability. The constitutional rights and privileges
may not vest in the citizens absolutely and the restrictions imposed may seem to be
unreasonable. Therefore the wide exercise of discretion at the hands of military men may
apprehend disregard to the constitutional rights and privileges to the citizens and that may
cause a fear in the minds of citizens with regards to their personal life and liberty. Every
public authority has its predetermined duties which have evolved over political developments
and thus those duties cannot be avoided or its gravity cannot be increased at the pretext of
martial law. A soldier is a citizen who is armed and is supposed to establish law and order in
a particular manner. He cannot be excused for unnecessarily causing death or injury to person
or property (Ballantine, H. 1915).