Ateneo de Zamboanga University

School of Liberal Arts

Philosophy Department
1st
Semester, S.Y. 20172018
Accounting and Business Ethics

ETHICAL EVALUATION ON MARTIAL LAW

IN MINDANAO IN THE CONTEXT OF JOHN

RAWLSS THEORY OF JUSTICE

Submitted by:

Alvia, Mia Marion

Caces, John Gualbert

Gonzales, Marie Angeli

Pajes, Aya Monika

Sisican, Paul Conrad

Philo 106 (D)

October 6, 2017
 TABLE OF CONTENTS
I. Abstract

II. Introduction

A. Conceptual Framework

B. Statement of the Problem

C. Background of the Study

D. Scope and Limitations

III. Review of Related Literature

A. Reasons of the Implementation of Martial Law in 1972 & 2017

B. Effects of Martial Law in 1972 & 2017

C. How do the ones who experienced Martial Law before react to the Martial Law

Now?

D. How do Millennials view Martial Law Today?

IV. Final Analysis

V. Bibliography/Sources
 ABSTRACT

Martial Law has been implemented once again here in the Philippines, specifically in

Mindanao. This research aims to provide a definition of what Martial Law is and to provide

reasons as to why Martial Law was implemented before in the Philippines and now in Mindanao.

This research would also provide a comparison and contrast in terms of the effects between the

two martial laws implemented in 1972 and 2017. The study would also provide an analysis to

know the genuine reason, benefits and ethical standing of having such implementation. This

study involves in-depth stories and opinions of the ones who have experienced martial law first-

hand followed by the millennials. We conducted this ethical evaluation to raise awareness and

impart knowledge for the people. Lastly, this research would provide a basis as to what kind of

perspective should the Filipinos have regarding Martial Law here in Mindanao.

There is no crueller tyranny than that which is perpetuated under the shield of law and in

the name of Justice.

B. Statement of the Problem

Is the proclamation of the martial law the ethical solution for the current threats

surrounding the island of Mindanao?

What are the long-term effects of martial law to our country?

What if martial law was never part of Philippine history? How would the Philippines

react to the Martial Law in Mindanao today?

C. Background of the Study

Martial Law has always been under a great debate, others say that the event is one of the

best events that ever occurred in our country while the opposing group claim that the Martial

Law has been hell on earth accompanies by countless cases of abuse from the Armed Forces.

The bulk of our citizenry and even our leaders are missing the point. Never again! They say to

martial law. Never again will Philippine democracy be hijacked by dictatorship or a strongman -

regime. Never again will the people suffer from the forces of uncontrollable tyranny of the men-

at-arms and the person who carries the title President.

Martial law in the Philippines or Batas Militar sa Pilipinas refers to several intermittent

periods in Philippine history wherein the Philippine head of state (such as the President)

proclaims that an area is placed under the control of the Armed Forces of the Philippines. This

law is declared as an extraordinary measure used by heads of state to defend or to protect the

people from extreme danger due to lawlessness, violence, anarchy, rebellion, or invasion near-

violent civil unrest or in cases of major natural disasters. Typically, the imposition of martial law

accompanies curfews, the suspension of civil law, civil rights, habeas corpus, and the application

or extension of military law or military justice to civilians. Civilians defying martial law may be

subjected to military tribunals (court-martial). As President of the Republic, President Marcos

had the authority to impose martial law under Article VII (Section 10, Paragraph 2) of the 1935

Constitution. However, his critics pointed out that when the declaration was made, the country

was not invaded or threatened with invasion, anarchy, insurrection or rebellion. While there were

demonstrations and strikes, it was not enough for the President to take extreme measure.

During the first term of President Marcos, he improved agricultural productivity; he was

successful in his infrastructure program and had established an effective way of collecting taxes.

The economy was running smoothly, however, in his second term, peace and order had become

the primary problem with the founding of NPA and the MNLF. Due to lawlessness and threats to

national security, he declared martial law in 1972. The martial law allowed him to stay long in

office and control other branches of the government like Congress and Supreme Court. But

lifting martial law did not solve the peace and order problem of the country.

It has been 45 years since Ferdinand E. Marcos issued Proclamation 1081. Forty five

years since the initial fear of martial law turned into rage, the rage turning into courage to

collectively take a stand. Forty five years from New Society to Gloria Macapagal-Arroyos

Strong Republic. Forty five years. Four and a Half Decades. Nearly 16,000 days.

The island of Mindanao has been under the martial law for the past four months and it

has been a pressing issue because of what happened 45 years ago. In relation to that, this paper

contains mainly of stories from Mindanaoans who are (greatly) affected From Marcos regime

and Dutertes administration. This paper focuses on the differences in the implementations of

martial law between mentioned administrations. But who remembers the thousands of

Mindanaoans who disappeared, were arrested, detained, tortured, killed? Who remembers that

the most number of human rights violations under Martial Law was in Mindanao? It has not been

easy because it is never easy for most to talk or write about martial law in Mindanao without
tears running down ones cheeks. However, those are all in the past and what Mindanao faces

today may be different. Those who survived those years owe it to todays and tomorrows

generations to let them know what and how it was like the, to let them appreciate more the value

of freedom, of love, of service, of death. Today, martial law has been declared once again by

President Rodrigo Duterte but it is limited to the island of Mindanao. As basis, the President

referred to acts of invasion and rebellion in the region, which had its early underpinnings when

the Maute Group allegedly violently attacked a military outpost in Lanao del Sur in February

2016, and the mass jailbreak in Marawi City in August 2016. The proclamation then focused on

the May 23 incidents, where the same terrorist group took over a hospital in Marawi City,

established checkpoints within the city, burned government and private facilities and flew the

Islamic State of Iraq and Syria flag in several areas.

Everyone is scared to fully face Martial Law; to come to grips with what happened, and

why it happened. Our present is reflected in our past. Maybe we shove Martial Law to the back

of our collective unconscious because we do not want to remember. Maybe it will show us things

about ourselves we do not want to face. But, it is here right now, Mindanao is experiencing it

again today.

D. Scope and Limitations

This research is focused on the implementation of Martial Law here in Mindanao in line

with the Martial Law that had transpired in the year 1972. The duration of the information for the

research is limited to which the martial law is in place.

 REVIEW OF RELATED LITERATURE

A. Reasons of the Implementation of Martial Law in 1972 & 2017

Marcos based his declaration of martial law on Section 10, Paragraph 2, of the 1935

Constitution, which provided that: The President shall be the commander in chief of all Armed

Forces of the Philippines, and, whenever it becomes necessary, he may call out such Armed

Forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion or imminent

danger thereof, when the public safety requires it, he may suspend the privilege of the writ of

habeas corpus, or place the Philippines or any part thereof under martial law.

Duterte declared martial law in Mindanao following the attack of the Islamic State-

affiliated Maute terrorist group in Marawi City. Marcos, on the other hand, declared martial law

in the Philippines due to the communist rebellion.

In making the comparison, President Duterte was undoubtedly thinking about the

strictness and discipline the armed services exercised in Sept 1972; hes expecting the same

standard the PNP and the AFP would observe during martial rule in Mindanao. There are,

however, key differences with the martial law President Marcos declared on September 21, 1972.

For one, President Marcos declared martial law over the entire Philippines via

Proclamation No. 1081, series of 1972. Such proclamation falls under the 1935 Constitution

which stated that the President, as the Commander-in-Chief of all armed forces of the

Philippines, may suspend the privileges of the writ of habeas corpus or place any part of the

Philippines under martial law, to prevent or suppress lawless violence, invasion, insurrection, or

rebellion, or imminent danger thereof, when the public safety requires it.

In contrast, President Duterte issued his declaration of martial law over Mindanao

(Proclamation No. 216, series of 2017) under the 1987 Constitution, which limits the Presidents
powers to put any part of the Philippines under martial law and suspend the privilege of the writ

of habeas corpus, only during cases of invasion or rebellion, when the public safety requires it.

With regards to the theory of justice, justice is a term used in a variety of perspectives.

It is sometimes taken in the meanings of fairness and reasonableness. It could be a parameter

which tells us about the validity of a law. Proper fulfillment of the duties and rights is also

considered as justice. As far as the concept of justice is concerned, it is not easy to reach at a

single and unified end. Justice is a concept which is speculative, not conclusive. Every civilized

society makes laws in order to achieve maximum good for each member of the society. A sense

of satisfaction develops among the people when they obey laws. That level of satisfaction could

be named as psychological and social justice. Locke is of the same view that when people

respect the basic rights of others and provide security to each other then we can expect maximum

good in the society. The good is basically meant to provide basic rights to the people. As

Salmond says,

Justice demands that freedom, equality, and other basic rights be accorded and secured

to human beings to the greatest extent consistent with the common good (Bodenheimer, 1962,

p. 4)

With that in mind, it can be inferred that both regimes intended to fix the social justice

of the country by bringing awareness to the public about the alarming events that were occurring

in the country during their times. Although it may be true that Marcos regime, in the eyes of the

Filipino people, actually caused more destruction than peace and order.
B. Effects of Martial Law in 1972 & 2017

MARCOS (1972)

The Martial Law of the Marcos regime will always be part of the Philippine history

because it has really impacted the country negatively in the past. Even until now, the effect of

that event still lingers the mind of the Filipinos that they developed a negative perception when

hearing such term.

The Martial Law years still bring a lot of painful memories to many Filipinos. While it is

true that Marcos did a lot of good things for the country, the list of human rights violations and

crimes is just as long. For many, this is what overshadows his achievements. During the martial

law, the military had abused their power and used it to stand more powerful than the civilians.

Reported stories of abuses, illegal detention of people, theft of personal belongings, unusual

disappearance of people and such surfaced the whole Philippines during that time for almost 10

years (duration of Martial Law) primarily because the military decided to use their power for

their own satisfaction.

What happened during the Martial Law is in opposition to St. Thomas Aquinas principle

of preservation of life. The quality of life during that time was not improved but instead

diminished because the people were following the rules during that time out of fear. Fear was the

dominant emotion during those times because the military men projected that they should be

feared because they were the ones who were in power during those times. The quality of life

during those times was not really preserved because the military did whatever they want to the

people as opposed to what they should had done for the people. Thus, the implementation of the

Martial Law in Marcos time had not improved the quality of life of the people, thus life had not

been preserved.
 The principle of John Rawls is in support to the ideas of St. Aquinas. Rawlss idea of

Justice that social and economic inequalities are to be arranged so that they are both reasonably

expected to be to everyones advantage, was not exemplified during that time because the

power of the military were used for their own advantage and not for the welfare of the people as

a whole. They had used their position to perpetuate abuses that embarked the whole history of

the Philippines. Justice was not served during those times as justice was only defined in terms of

being able to satisfy the needs of the military.

DUTERTE (2017)

The implementation of Martial Law of Dutertes administration has acquired several

negative comments and reactions from the public, especially from the people in Luzon, who

were drastically affected by the past martial law in Marcos regime. However, having collected

all of the facts from what the Mindanaoans have experienced so far, the reaction of the people

from Luzon can somehow be considered as an overreaction of what really is currently happening

in Mindanao.

The positive effect of the implementation of Dutertes Martial Law in Mindanao is

basically heightened security and additional safety and protection from the rebels (Maute

Group). Since they are causing chaos in the city of Marawi, the implementation of martial law is

of somehow an aid to the current situation of the place. According to the principle of St. Thomas

Aquinas, life should always be preserved. The purpose of Martial Law now is for the

preservation of life of the people in Marawi and in Mindanao as a whole since there is an easy

access of transportation from one place to another because the Philippines is an archipelago.

Since there is a heightened security in the whole Mindanao, there would be a lesser chance of the

group to commit chaos in the whole Mindanao. In addition to his principle, killing someone can
be justified if that someone will be killed for the greater safety of the people. Thus, the

implementation of martial law in Mindanao will allow the military to take action against the

rebel group for the additional safety of the people. The sending of army in Marawi to combat the

lawless group is not in contrast to the preservation of life of Aquinas since what they are doing is

killing the rebels who will cause more grave harm to the innocent people in Marawi and to

Mindanao as a whole. According to John Rawlss Difference Principle, social and economic

inequalities are to be arranged so that they are both reasonably expected to be to everyones

advantage. With the military having higher position than the civilians, they have the power to

create abuses to the people but they have not committed such act in the current time. This is in

compliance to John Rawlss Difference Principle in such a way that the higher position

possessed by the military is for the advantage of the people in Mindanao. They have not used

their military power to perpetuate the abuses that had been done during the time of Marcos. The

power of the military is for the security and welfare of the Mindanaoans, so that they would be

able to serve their purpose in this time of chaos.

In contrast, the negative effect of the implementation of such law is that Duterte opened

an avenue where his administration can cause abuse to the people in addition to the extra judicial

killings because of his war on drugs. This kind of effect will be in contrast to the ideals of St.

Aquinas and John Rawls. However, there were still no stories where the military used their

position and power to kill innocent people or abuse their since the president still has the overall

control over the military, and besides the purpose of the martial law is for the protection of the

people and not the contrary.

C. How do the ones who experienced Martial Law before react to the Martial Law Now?

Marcos Martial Law has been a traumatic experience for the ones who have experienced

it first-hand; the ones who were at the end of all the abuses, the ones who would stay up late at

night hoping that they will not be the ones abused by the authority, the ones who lost family

members in the middle of the night and not knowing what had happened to them. It has been

quite a dark moment in Philippine history. Given the current situation today, martial law has

been implemented once again in the island of Mindanao due to the on-going struggle in Marawi;

the older generation have already stated their opinions and reactions regarding this matter. The

reactions given were quite mixed some approved and some did not. Those who did not approve

of the martial law have quite similar reactions with each other, they are opposed to martial law

today because they are traumatized with what had happened before and they are haunted by the

memories of the abuses that they have gone through during the period. On the other hand, those

who approve of martial law in Mindanao, they feel safer with the heightened security

surrounding them as well as the more disciplined soldiers around their cities. Both sides have

different opinions and they both have grounds for those opinions and reactions, be it fear from

the enforcer who might be the successor from before or the situation that they are currently

experiencing.

Given that, the opposing parties, they believe that martial law will bring more harm than

good because the authorities will abuse the power given to them during this period. They believe

that with martial law there will be a higher fatality rate among the cities under martial law. They

would want to uphold the right of life, to preserve the life that they have. They dont want to feel

the abuse that they felt during the martial law period under Marcos. The main reason for
opposing is because of the abuse that they have experienced under tyrant and they dont want to

relive those moments again as well as the future generation to experience it again.

With their view in mind, the principle of Thomas Aquinas comes into question. The

principle of preservation of life is when we have the natural tendency to preserve our being. As

Thomas Aquinas stated life is a gift from God to be loved, nurtured and lived in proper charity

and the ones who opposes that believes in this principle. The principle of preservation of life by

Thomas Aquinas is applied in this concept because they believe that life is important, the abuses

that may happen will violate human rights and the right of life and they would want to have a

lower fatality rate than the martial law during the time of Marcos.

The ones who agree with the declaration and extension of martial law are the ones who

believe that martial law will help in the peace and order of the different cities under martial law

during this time. They believe that the martial law of today has a great impact in terms of safety

and security because they have felt it. They feel safer than before because they no longer feel

threatened by any external forces. They main reason for them agreeing is that they are currently

experiencing the fruits of martial law in terms of heightened security and a more disciplined

armed forces. With the current experience, they have willingly given martial law the benefit of

the doubt.

The view that they currently hold, the principle of utilitarianism is present. The principle

of utilitarianism is defined as an ethical theory which states that the best action is the one that

maximizes utility. "Utility" is defined in various ways, usually in terms of the well-being of

sentient entities. This is when the action elicits happiness from the majority of the group. The

principle of utilitarianism is applied in this view because they believe that they are safer with the
current situation that they are in; due to the safety that they feel they are happier with the current

situation given to them.

With John Rawls theory of justice regarding the second principle of inequality and abuse

of power, the current situation of martial law is justifiable in terms of the theory of justice. As

defined by John Rawls second principle, social and economic inequalities are to be are arranged

so that they are both (a) reasonably expected to be everyones advantage, and (b) attached to

positions and offices open to all. In terms of this principle, the martial law of Duterte is in line in

the theory of justice because even if the military has authority they do not abuse the power given

to them during martial law. Also, there is no significant inequality between the government and

the people. The main reason for this martial law is for the protection, safety, peace and order of

the island of Mindanao and this is the Presidents job in keeping the peace and order of the whole

country, in this case the island of Mindanao, and its constituents.

D. How do Millennials view Martial Law Today?

There seems to be an ongoing campaign to revise the truths about the Marcos martial law

45 years after its declaration. There are even those who are justifying the human rights

violations during that era. Even though the martial law regime of Ferdinand Marcos had been

won and survived, the victims as well as the relatives of the deceased victimsstill have not

forgotten the dark chapter of their lives and that they still continue to seek justice to all affected.

Martial law has been declared once againin the island of Mindanao and on September 21

2017, young people showed up, gathered togetheracross the country to protest, stand up and

fight for human rights and freedom for their generation. Every generation has faced its giants.

Today's Filipino millennials, under the Duterte administration, see the country in trying times

again, facing giants that are not much different from Marcos' time brutal treatment, merciless

killings and murders, abuse of human rights, and suppression of the truth through fake

information. The declaration of martial law in Mindanao has been viewed with mixed reactions

from the millennials as martial law is a sensitive topic to most Filipinos and it was once a period

in history where thousands of people were gravely affected when it was imposed in 1972.

In the advent of technology, they have been voicing out their beliefs and opinions from

different technology platforms such ason Twitter, Facebook, Articles and whatnot. When

martial law was declared by President Duterte and such declaration was extended until the end

of the year, people especially millenials had different views and are then divided mostly

between from the island of Luzon and people from the island of Mindanao.Anti-martial law

activists questioned the motive of the president in declaring martial law. Some also have

defended arguing that it is for the care, benefit and protection of the country from international

terrorism.
 By ethics of care, it is the normative ethical theory that looks at actions and whether or

not those activities are right or wrong. Most people in Mindanao think that declaring martial law

is the right thing to do. They think of it as caring for the soul and for the well-being. They do

not want the history to repeat itself where tortures and killings are rampant. And on the part of

Duterte, he takes it upon himself. His bold and decisive decision is his responsibility and

obligation, whereas obligation refers to situations where action or reaction is due. He affirms the

importance of caring motivation, emotion and the body in moral deliberation as well as

reasoning from facts. President Dutertes care for Mindanao is prevailing since he came from

Mindanao and he is a Mindanaoan by heart. He acknowledged the need to care and accepted the

responsibility that is why he extended the duration of martial law. On the other hand, with John

Rawls Theory of Justice second principle, social and economic inequalities are to be arranged

so that they are both reasonably expected to be everyones advantage, and attached to positions

and offices open to all. What happened before was in contrast to the principle of John Rawls

since there were reports of stories of abuses that had happened during those times. These facts

of martial law were obtained by the millennials as second-hand information as opposed to the

persons were present during those times, experiencing the martial law themselves. The ground

of their reactions and comments were based from textbooks, stories from their relatives who

were living/experienced martial law under Marcos regime.

When millennials hear the word Martial law first thing that comes into their mind is

abuse, torture, killings and because of these impressions, millennials have been quick to

react about to martial law. Due to the platform of different social media, the millennials have an

avenue to post their comments, reactions, opinions regarding different topics especially martial

law.
 FINAL ANALYSIS

As of the moment, martial law has not been lifted. The island of Mindanao is still under

heightened security, Marawi is still in the last stages of its war, and the people are still in the

process of accepting martial law that is happening today. Martial law has always been a

controversial topic not only to the ones who experienced it but also to the millennials. The

reasons may be shallow or well thought of. The effects may be good or bad. The opinions of the

people may be agreeable or not. John Rawls theory of justice is a principle that supports martial

law of today, particularly the two principles of justice.

The first principle states each person has an equal right to a fully adequate scheme of

basic liberties which is compatible with a similar scheme of liberties for all. This principle

generates specific rights and duties, such as basic rights, right to life, right to safety and so much

more. In relation to martial law the first principle is applied by giving the people a safer place to

live, giving them the right to justice, retaining their basic rights and the assurance that no

unlawful abuses will follow suit. The second principle states that social and economic

inequalities are to be arranged so that they are both (a) reasonably expected to be everyones

advantage, and (b) attached to positions and offices open to all. This is the principle that talks

about the inequalities in society but they try to help the least advantaged benefit from it. With the

current situation it can be justified by the second principle as the inequalities that are present help

the citizens like how the military have the greater power and initiative to protect the people in

their city, they also dont abuse the power that is given to them so that they will benefit from it.

John Rawlss Theory of Justice supports the implementation of Martial Law since the law

is in compliance to the two principles being laid down by the said philosopher. Thus, the readers

should not hastily perceive that the Martial Law in Mindanao is the same as of Marcos.
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