Press Release
December 13, 2017

EXPLANATION OF VOTE OF SEN. FRANCIS PANGILINAN ON MARTIAL LAW EXTENSION IN MINDANAO

Mr. President, Mr. Speaker, all of us here public officers and employees, including members of the armed forces, before embarking on a life of public service, took a solemn oath "to uphold and defend the Constitution, to bear true faith and allegiance to it."

Taimtim tayong nanumpa, "na matapat nating ipagkakaloob sa abot ng ating kakayahan, na itaguyod at ipagtanggol ang Saligang Batas, na magkakaroon ng totoong pananampalataya at katapatan dito."

Pinag-isa tayo ng Saligang-Batas sa ating pagiging lingkod-bayan. Gaano kasagrado ang ating sinumpaang mga tungkulin sa bayan?

Our troops who have protected and defended us know this sacred duty. They know this when they leave their homes to fight in battle. Many have paid with their limbs and lives for this adherence to the Constitution.

Ano ang sinasabi ng Saligang Batas tungkol sa martial law?

Art VII Section 18 of the Constitution states: "Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, IF the invasion or rebellion shall PERSIST and public safety requires it."

Walang na hong aktwal na rebelyon. Hindi kailangan para sa kaligtasan ng bayan.

The threat that terrorists and rebels pose is NOT a basis for an extension of military rule in Mindanao.

The same provision of the Constitution gives the President a limited "period not exceeding sixty days [to] suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law."

Again, as provided by the same Constitution we all swore to uphold, we in Congress gave the President a six-month extension while the battle was ongoing.

Now here we are again, to discuss the President's request to extend it by one year, and on what grounds?

We submit the grounds that exist to merit such extension.

Walang aktwal na rebelyon. Hindi kailangan para sa kaligtasan ng bayan.

The Constitution which we all public officers and employees swore to uphold and defend gives actual rebellion or invasion as the only justification for the declaration of martial law.

The extreme power of martial law for period of one year in any part of the country WITHOUT ACTUAL REBELLION BUT MERELY A THREAT was never intended by the framers of the 1987 Constitution.

In fact, our framers amended the section on martial law and removed the provision "or imminent danger thereof," in the 1935 and the 1973 Constitution.

MARTIAL LAW IS AN EXTREME MEASURE AND SHOULD NEVER BE RESORTED TO EXCEPT IN EXTREME CIRCUMSTANCES.

Bilang mga lingkod-bayan, hindi lang natin isasantabi ang ating sagradong tungkulin na itaguyod at ipagtanggol ang Saligang-Batas, mukhang lalabagin pa natin at palalawakin pa.

For us to go after terrorists and those who disregard our laws, we must do so consistent with the rule of law and the Constitution. Otherwise, we find ourselves in danger of becoming the lawbreakers or disregarding the rule of law. And I quote: "We become in danger of becoming the monsters we seek to defeat."

We understand that martial law in Mindanao is popular in many areas on the ground but its declaration whether popular or not must be based on the Constitution.

It was earlier expressed that the imposition of martial law is an exercise of political will by the executive. We have no problem with the exercise of political will for as long as this does not supplant the sovereign will of the people as expressed in the Constitution.

Our oath is not merely words. Our oath is a sacred act of commitment of office in duty that binds us public servants to our nation and our people.

Taimtim tayong nanumpa, "na matapat nating ipagkakaloob sa abot ng ating kakayahan, na itaguyod at ipagtanggol ang Saligang Batas, na magkakaroon ng totoong pananampalataya at katapatan dito."

It is with regret that I say that the grant of martial law extension without actual rebellion for a wholesale period of one year is not only contrary to the Constitution it is an abdication of our sacred duty and the surrendering of our power as Congress to act as a check and balance on the executive branch.

In closing Mr. Speaker, Mr. President, this representation was a student activist in the early 80s who stood up against martial law and authoritarian rule. I must admit I never thought the day would come again that martial law would be imposed on our nation.

We did not fight martial law in my youth for us today to impose it on our people and our nation. The struggle to uphold our Constitution, the rule of law, and our democracy continues. Maraming salamat.

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