MARTIAL LAW AND CRIMINAL JUSTICE IN THE PHILLIPPINES (FROM INNOVATIONS IN CRIMINAL JUSTICE IN ASIA AND THE PACIFIC, 1979, BY WILLIAM CLIFFORD AND S D GOKHALE SEE NCJ-60211)

• NCJ Number: 60221
• Author(s): P P SOLIS
• Date Published: 1979
• Length: 25 pages
• Corporate Author: Australian Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

THE PHILLIPINES HAVE RESPONDED TO THE PROBLEMS PRESENTED BY THEIR FEUDALISTIC HISTORY, AND THE FOOD, HOUSING, AND LABOR PROBLEMS THAT FOLLOWED WORLD WAR II BY INSTITUTING MARTIAL LAW.

Abstract

THE PHILIPPINES EMERGED AS A SOVEREIGN STATE AFTER WORLD WAR II, BUT FACED THE PROBLEMS OF THE PHYSICAL DESTRUCTION OF THE COUNTRY; FOOD, HOUSING, AND LABOR PROBLEMS; AND THE EXISTENCE OF A FEUDAL AGRICULTURAL SYSTEM WHICH PERMITTED PRIVATE ARMIES AND LIQUIDATION SQUADS. TO SAVE THE REPUBLIC AND REFORM THE SOCIETY, THE PRESIDENT PROCLAIMED MARTIAL LAW IN 1972. UNDER MARTIAL LAW THE PRESIDENT EXERCISES BOTH EXECUTIVE AND LEGISLATIVE POWERS, AND REMAINS THE COMMANDER-IN-CHIEF OF ALL MILITARY FORCES. THIS MARTIAL LAW HAS SHOWN NO MEASURABLE DECREASE IN VIOLENT CRIME, ALTHOUGH THERE HAS BEEN MINIMIZATION OF VIOLENT CRIME. FIREARMS HAVE BEEN CONFISCATED, WITH POSSESSION BEING PUNISHABLE BY DEATH. MARTIAL LAW ALSO INCLUDES THE ENFORCEMENT OF CURFEWS, THE CLEANING OF YARDS (SCHOOLS, ALL COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS, TRANSPORTATION AREAS, PUBLIC AND PRIVATE BUILDINGS, AND HOSPITALS), THE PROHIBITION OF DISPLAYS OF WEALTH, THE LIMITATION OF FESTIVAL TIME TO ONE DAY TO AVOID UNREST AMONG THE POOR, AND THE PROHIBITION OF RUMORS AND THE USE OF SIRENS. POLICE FORCES ARE INTEGRATED AND NO LONGER UNDER THE CONTROL OF MUNICIPAL ELECTED OFFICIALS. POLICE OFFICIALS WHO WANT TO UNDERMINE THE FAITH OF THE PEOPLE OR OVERTHROW THE GOVERNMENT ARE DEALT WITH THROUGH AN IMMEDIATE DISPOSITION OF THEIR CASES. CHANGES IN COURT PROCEDURES INCLUDE REDUCTION OF PRELIMINARY INVESTIGATIONS TO SIMPLER PROCEDURES. DETAILS OF THE SUMMARY PROCEDURES ARE GIVEN. MILITARY TRIBUNALS AND COMMISSIONS AND PROVOST COURTS HELP IN THE ADMINISTRATION OF LAW. REGIONAL PRISONS ARE ESTABLISHED TO REMOVE THE OFFENDER FROM SOCIETY AND TO REHABILITATE HIM. THE CHANGES INSTITUTED UNDER MARTIAL LAW ARE DESIGNED TO REMAIN EVEN AFTER RATIFICATION OF A CONSTITUTION SHOULD THIS TAKE PLACE. SEVERAL REFERENCES ARE PROVIDED. (RFC)