Democracy and Martial Law in the Philippines: A Misconception that Leads to Misinformed Citizenry

Abstract

The most precious among all the rights and freedom accorded to a human is the right not to be restraint by anyone, including the State. When there are restrictions to a person, the presumption always ends up in violation of these rights accorded under the fundamental law and the law of the United Nations. The objective of the study is to inquire into the true intention of democracy and martial rule if they are inconsistent or one of them is really a tool to keep one’s rights and freedom, or there is only one that should exist, and they may not be both exist in one system, meaning the existence of one is nigh and in contrast with the other. Specifically, it aims to discuss the following: What is the meaning of Democracy and Martial law? What are the effects of Martial Law in a Democratic system of government? Why do people fear Martial Law? What are the instances of the declaration of Martial Law? Is Martial Law a means or tool or a system of government? The study will present the legal bases of Democracy and Martial Law through the available data, primarily government documents. The scope of the research concentrates on the laws and policies affecting the government and the people to compare and analyze through the records and jurisprudence. A case study is appropriate for this study because researchers have used the case study research method for many years across a variety of disciplines. Social scientists, in particular, have made wide use of this qualitative research method to examine contemporary real-life situations and provide the basis for the application of ideas and extension of methods. The study pointed to the fact that the people must be informed of the effects and benefits of martial law through government agencies and the media. The local government must also do martial law education for their constituents and by utilizing the barangays. The Dept. of National Defense, The Dept. of Interior and Local Government and the Commission on Human Rights must come out with a clear handbook or guidelines about the effects of martial law on the people. The Dept. of Education and the Commission on Higher Education must devise a curriculum or subject that tackles and discusses martial law effects.