and ASHZEL HACHERO
CHIEF Presidential Legal Counsel Salvador Panelo on Monday said President Duterte can impose martial law on the basis of curtailing the spread of the coronavirus disease (COVID-19) which presents imminent danger to the Filipinos and the country.
Panelo, in his TV program “Counterpoint,” said under the 1987 Constitution, martial law may be declared in case of invasion, rebellion, or when the public safety requires it.
He said in his opinion, there is an ongoing invasion in the form of the COVID-19 pandemic.
Justice Secretary Menardo Guevarra “invasion” in Article VII, Section 18 of the 1987 Constitution refers to invasion of foreign army and not of a virus.
“In the context of martial law, invasion refers to invasion of a country by a foreign armed forces.This is analogous to the other ground for declaring martial which is rebellion, an armed uprising against the government by its own citizens,” Guevarra said.
He added that both terms – -invasion and rebellion — refer to “armed actions by human beings, not by non-living things like viruses.”
Panelo said invasion does not have to be limited to the use of force to occupy a country, which he said was probably the basis when the provision of the use of martial law was included in the 1935 and 1972 Constitution.
“Alam ninyo po, ito magiging controversial na naman ang aking legal theory dito, sa akin pong pananaw, iyung invasion…alam ninyo po may bago ng international meaning ang invasion… na it can mean the entry of a disease and the transfer from one area to another (This will be controversial, my legal theory, in my view, invasion … you know there is a new international meaning for invasion … that it can mean the entry of a disease and the transfer from one area to another),” Panelo said.
“There is an actual invasion of the coronavirus disease which is pandemic. In threatens, in fact, the entire county, iyung lahat ng mga kababayan natin, so may aktwal na invasion (so there is an actual invasion) and public safety is endangered,” he added.
Panelo said he shared this opinion with President Duterte when they talked last week.
The President has warned of imposing martial law if communist rebels continue with their violent activities during the pandemic, like attacking policemen and soldiers involved in delivering assistance to communities hit by COVID-19 and grabbing relief aid.
