Philippines Sunday Express/1972/09/24/FM Declares Martial Law



President Marcos announced last night that he had placed the entire country under martial law to prevent violent overthrow of the government by a foreign-backed Communist insurgency.

The Chief Executive said he signed the martial law order (Proclamation No. 1081) last Sept. 21, 1972, and authorized its implementation by the military at 9 p.m. Friday.

"I am utilizing the proclamation of martial law," he said, "for one purpose alone: to save the Republic and reform society."

In imposing martial law, Mr. Marcos said he would likewise wield this emergency power to establish for the country a "new society" excised of the evils of corruption and ineptitude in government.

The President stressed the imposition of martial law does not mean a military takeover. The government of the Republic continues, he declared, adding that the officials and employes of the government will continue to discharge their functions as before within the limits of the situation.

(Please turn to Page 2)

(Continued from Page 1)

The President made the announcement at 7:30 last night in a nationwide radio-TV broadcast direct from his study room in Malacañang.

Under the proclamation:

1. Schools in all levels are suspended for one week starting tomorrow, Monday.

2. The carrying of firearms outside residences is prohibited.

3. Curfew is imposed from midnight to 4 a.m.

4. Media and all other forms of communication will be under government control.

5. Public utilities such as the Meralco, PLDT and the waterworks system, and transportation firms such as the Philippine National Railways, Philippine Airlines, Filipinas Orient Airways and Air Manila are placed under government control.

6. Travel abroad except those authorized by the government, is banned.

7. Rallies, demonstrations and strikes are banned.

The judiciary, the President said, will continue to function under the present organization and personnel except in the following cases:

1. Those involving the validity, legality or constitutionality of government rules, orders or acts by the President or his duly authorized representative.

2. Those involving crimes affecting national security.

3. Those involving the fundamental law.

4. Those involving public order.

5. Those involving usurpation of authority.

6. Those involving crimes by public officers.

Following are excerpts from the speech of the President explaining the background and circumstances of his martial law proclamation:

"As of 21 this month, I signed Proc. No. 1081 placing the entire Philippines under martial law. This proclamation was to be implemented upon my clearance and clearance was granted 9 o'clock in the evening of the 22nd, last night.

"Proclamation of martial law is not a military take-over. I, as duly elected President, used this power which may be implemented by military authorities but still is a power embodied in the Constitution to protect the Republic of the Philippines and democracy. A republican or democratic form of government is not helpless when imperilled by danger of violent rebellion, insurrection. It has inherent built-in powers provided for.

"Such danger confronts the Republic of the Philippines.

"This is not a military take-over. Civilian government still functions. The government which was established in 1946 continues. The officials and employees of the national and local governments continue to discharge their duties as before within the limits of the stiuation.

"I also issued General Orders No. 3 wherein I directed that in view of the proclamation of martial law and to make more effective its implementation... to end the present national emergency in the shortest possible time, I have ordered that all executive departments, bureaus, offices, agencies and instrumentalities of the government as well as owned or controlled corporations, as well as governments of provinces, cities, municipalities and barrios continue to function under the present officers and employees in accordance with existing laws, until otherwise ordered by me or my duly constituted representative.

"The judiciary shall continue to function under the present organization and personnel and try and decide all criminal and civil cases except the following:

"1. Those involving the validity, legality or constitutionality of decrees, orders or acts issued, promulgated or proclaimed by me or my duly authorized representative pursuant to Proclamation No. 1081.

"2. Those involving the validity, legality or constitutionality of any rules, orders, or acts issued, promulgated or performed by public servants pursuant to decrees, orders, rules or regulations issued pursuant to Proc. No. 1081.

"3. Crimes against national security and the law of nations.

"4. Crimes against fundamental law of the state.

"5. Crimes against public order.

"6. Crimes involving usurpation of authority or title, use of name, uniform and insignia.

"7. Crimes committed by public officers.

"All schools will in the meantime be closed for one week beginning this Monday for all levels.

"Government control of media and other means of dissemination of information as well as public utilities and I ask international and domestic carriers, international and domestic communications corporations and carriers to desist from transmitting any messages without the permission of my office through the Office of the Press Secretary.

"Carrying of firearms outside the residence, even if covered by license but without permission of the armed forces is punishable with death.

"Curfew will be imposed from 12 midnight to 4 o'clock in the morning.

"Departure of Filipinos for abroad was temporarily suspended except for official missions.

"Clearance will be given by the secretary of national defense.

"Rallies and demonstrations are prohibited.

"I have ordered the arrest of those directly involved in the conspiracy to overthrow the duly constituted government by violence.

"Beginning tomorrow I will issue all orders which would attain reforms in society, including the proclamation of land reform all over the Philippines, the reorganization of the government, new rules for the conduct of civil servants and those in the civil service, removal of corrupt and inefficient public officials and their replacements, including the judiciary and the breaking up of crime syndicates.

"All public officials and employees, whether of national or local governments must conduct themselves in a manner of the new and reform society. Any form of corruption, culpable negligence, will be dealt with immediately.

"The armed forces are cleaning their own ranks already.

"I am directing the organization of a military commission for the trial of military offenders immediately.

"The existence of a rebellion was recognized even by the Supreme Court in its decision. Since the Supreme Court promulgated this decision the situation has become graver and worsened. It has paralyzed the functions of government, the productive sectors have ground to a halt. Many schools closed up. Many businessmen, traders, industrialists, producers, manufacturers have stopped operations. In Greater Manila this anxiety reached the point where the citizenry had to stay home.

"Battles are going on between the government and the subversives, in Luzon- Zambales, Tarlac, Camarines Sur, Quezon: in the Visayas and Mindanao. If this continues even at the present rate, the economy will collapse in a short time.

"The crucial point in the increasing strength of the NPA was the Karagatan incident which proved that:

"1. The NPA's claim that they were well funded had basis.

"2. They now have sources of funds and equipment not only from inside but also outside the country.

"3. The communists and NPA are capable of landing armaments, military equipment and even personnel in many unguarded islands in the long seacoast of the Philippines.

"I am utilizing the proclamation of martial law for one purpose alone, to save the republic and reform society.

"We will eliminate the violent overthrow of the Republic but at the same time reform the social, economic and political institutions in the country.

"We must start with the elimination of anarchy and maintenance of peace and order in order not to lose the civil rights and freedom we cherish.

"This is not a precipitate decision. We weight all factors. There is no other solution. I have used the other alternatives, calling troops to quell disorders and suspending the privilege of habeas corpus but rebellion has not stopped, it has worsened since January 11.

"We are falling back on our last line of defense. The limit has been reached for we are against the wall. We must now defend the Republic with this stronger power granted by the Constitution. To those guilty of insurrection or rebellion, it may pose grave danger but to ordinary citizenry whose primary concern is merely to be left alone, this is the guarantee of the freedom that you seek. All I do, we in the government do, is for the Republic. Rest assured we will continue to do so. I have prayed God for guidance. Let us continue to pray to Him..."