The Philippines is still under Martial Law

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Presidential Decrees has the force of law, unless otherwise repealed and that includes Presidential Decree (PD) no.1081 that placed the entire Philippines under Martial Law on September 23, 1972. Though formally lifted there may still be, technically and as a matter of law (“de jure”), a Martial Law. The subsequent Presidents after Mr. Marcos may  issue directives and decrees (now termed as Executive Orders or EO’s) on the basis of PD 1081 with the force similar to  those that was proposed, deliberated and passed by the both houses of congress and the senate. In effect, the Philippines may actually have two lawmaking bodies, the Legislative Branch and the Executive Branch. A situation that this venue and anyone may find inconsistent with the spirit of the 1987 Philippine Constitution, specifically on matters like check and balance. Although not all executive orders issued by Presidents subsequent to Mr. Marcos pertains to creation of new laws or amendments thereto, the window for abuse is far and wide.

Should the constitution have its way, lawmaking is the task entrusted to the legislative branch while its execution is the responsibility of the President of the Republic as the head of the executive branch. Of course there will be instances and circumstances that the President may exercise legislative power, but still upon express authorization of congress, such as in time of emergency, war and the like.

Apart from the gaping window of opportunity to commit abuse through the wield of legislative powers by the executive branch, it is inconceivable that martial rule may still be impose and enforce in this generation of our children and grandchildren.through the remnants of presidential decrees and directives issued during the Martial law period. Necessarily, those issuance should be discriminated and scrutinized for its relevance and consistency with the current political state as mirrored by the Philippine Charter in the light of the fact, that it was after all motivated, formulated and imposed under an authoritarian and dictatorial rule. The greatest fear is the extreme probability that It may have been previously enacted particularly to suit small group of individuals; to cater for selfish whim and greed, so much so, that it might and can be use again in any way by similarly motivated powers would be. 

An end to political hypocrisy through collective repeal is in order.






  
(“Presidential Decrees were issuances by the Chief Executive that had the force of law. They were an innovation made by President Ferdinand E. Marcos with the proclamation of Martial Law on September 23, 1972. They essentially served to arrogate unto the Chief Executive the lawmaking powers that previously pertained to the Congress of the Philippines, and were retained even after the formal lifting of Martial Law in 1981. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C. Aquino (see Article IV) recognized the validity of existing Presidential Decrees unless otherwise repealed. However, even though she assumed lawmaking powers, she preferred to use more traditional executive issuances, which, however, bore the force of law for the duration of her exercising legislative powers”.- The Official Gazette.)



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