Rule of Law

The rule of law refers to the concept of maintaining all individuals, institutions, and entities accountable
to laws that are freely promulgated, equally enforced, independently adjudicated, and consistent with
International Human Rights Principles, as well as ensuring that government is not arbitrary. Arbitrariness
can pertain to despotism, absolutism, totalitarianism, and authoritarianism. The notion of unquestioning
adherence to authority, as opposed to individual freedom of thought and action, is known as
authoritarianism. The Marcos regime has been considered as an authoritarian regime, not just because of
President Marcos’ martial law but also his ways to maintain his authority in various aspects of the society.
President Ferdinand Marcos embraced the philosophy of Constitutional authoritarianism with a slew of
social engineering projects called the "bagong lipunan" or "new society."

The right to gather openly or privately to express, promote, seek, and defend common interests is
guaranteed in Article 20 of the Universal Declaration of Human Rights (UDHR), which is combined with
Article 19's freedom of expression. August 21, 1971, at Plaza Miranda, the Liberal Party was rallying
regarding the senator’s campaign. A lot of Filipinos participated however two grenades were thrown at
the stage while the political rally was going on. Eight people were killed including a 10-year-old vendor
while about 100 people were injured. The other grenade landed directly on stage, wounding all senatorial
candidates, with Sen. Jovito Salonga and Sen. John Osmea received the most serious injuries. The Liberal
Party was one of the opposing parties to Marcos’ regime. The Plaza Miranda bombing, according to Sen.
Benigno Aquino Jr., was a prelude to the complete implementation of Oplan Sagittarius, which he
described as a scenario for the establishment of the military government in the Philippines. Marcos, on
the other side, blamed the killings on the Communist Party of the Philippines (CPP). The following year,
July and August 1972, two other bombings happened at Joe’s Department Store. These events violated
Article 19 and 20 of the Universal Declaration of Human Rights with Article 2; which indicates that
everyone has the right to all of the Declaration's rights and freedoms, regardless of race, color, sex,
language, religion, political or other opinions, national or social origin, property, birth, or other position.

Martial law was declared in the state on September 21, 1972. He claimed it was the final line of defense
against the developing chaos produced by increasingly violent student protests, the new Communist Party
of the Philippines (CPP) alleged's threats of communist insurgency, and the Moro National Liberation
Front's Muslim separatist campaign (MNLF). Two days later, on September 23, 1972, at midnight,
Marcos’ enemies were arrested. About 10,000 were detained and this includes Sen. Benigno Aquino Jr.
and Sen. Jose Wright Diokno. The president also suspended the privilege of the writ of habeas corpus on
a lot of cases, confining citizens without a warrant of arrest. Many were tortured, electrocuted, wired in
private parts, assaulted, abused, beaten, and other torture or cruel punishments. During the martial law
era, congress, newspapers, radios, and televisions were only allowed if they favored the government.
Thus, it only shows the positive and accomplishments of the president or the government and not their
immoral and dishonorable acts. This violates Articles 3, 5, 9, 11, and 19 of the Universal Declaration of
Human Rights. According to the Amnesty National Report, 70,000 individuals were imprisoned and
34,000 mistreated between 1972 and 1981, with over 3,200 people killed.

“The Conjugal Dictatorship of Ferdinand and Imelda Marcos” is a publication written by Primitivo
Mijares; he was the chairman of the Media Advisory Council, Marcos’ top confidential pressman, and
with Marcos' support he became twice President of the National Press Club. He turned his back to the
President and published the book in 1976 in the United States of America. However, he didn’t get to
return to the Philippines and disappeared. He was never found but his kidnapped 15-year-old son in 1977,
Boyet Mijares, was found dead in the mountains of Antipolo with signs of severe torture. This case also
violated various articles in the UDHR and until now, no one was held accountable for their deaths and the
family chose to avoid talking about it.

These brutal events, cases, incidents, and stories are just a sneak peek of the people’s condition under
Marcos’ authoritarian regime. It violates numerous articles in the Universal Declaration of Human Rights
that do not follow the rule of law. The people’s human rights and freedom were taken away and taken
advantage of while the president and his companions were expanding their power. Martial Law ended in
January 1981 but he continued his authoritarian way and won the election in 1981. The concept of the
rule of law is that no one, even the most highly official, is above the law. Hence, Marcos’ authoritarian
regime does not comply with the “rule of law” principle of good governance.

References:

Celoza, A. (1997). Ferdinand Marcos and the Philippines: The Political Economy of Authoritarianism.
Praeger Publishers. https://books.google.com.bh/books?
hl=en&lr=&id=Sp3U1oCNKlgC&oi=fnd&pg=PP7&dq=ferdinand+marcos+presidency&ots=wQU2JqH
DUa&sig=9rSa_tRW-0Qmwccvs7vTcHrSHCg&redir_esc=y#v=onepage&q&f=false

Gamboa, J. (1997). BATAS MILITAR: Martial Law Under President Ferdinand E. Marcos Full
Documentary. Foundation for Worldwide People Power (FWWPP). https://www.youtube.com/watch?
v=be3wLiPUN9A

Britannica, T. Editors of Encyclopaedia (2017, November 2). Authoritarianism. Encyclopedia Britannica.

Hernandez, C. et al., (2021, September 17). Philippines: Martial Law.. Encyclopedia Britannica.
https://www.britannica.com/place/Philippines

Almonte, J. et al. (n.d). Declaration of Martial Law. Official Gazette of the Republic of the Philippines.
https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/
Transparency

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References:

Reyes, P. L. (2018). Claiming History: Memoirs of the Struggle against Ferdinand Marcos’s Martial Law
Regime in the Philippines. Sojourn: Journal of Social Issues in Southeast Asia, 33(2), 457–498.
https://www.jstor.org/stable/26538540

Arugay, A. (2012). Tracking Textbooks for Transparency: Improving Accountability in Education in the
Philippines. International Institute for Democracy and Electoral Assistance (International IDEA).
https://www.idea.int/sites/default/files/publications/chapters/democratic-accountability-in-service-
delivery-case-studies/tracking-textbooks-for-transparency-improving-accountability-in-philippine-
education.pdf

Britannica, T. Editors of Encyclopaedia (2021, September 7). Ferdinand Marcos. Encyclopedia

Ferdinand Marcos. (2021, January 26). New World Encyclopedia, . Retrieved 13:22, September 17, 2021
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UDHR. (1948). Universal Declaration of Human Rights. United Nations. https://www.un.org/en/about-

Benedicto, B. (2013). Queer Space in the Ruins of Dictatorship Architecture. Duke University Press.
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Resos, A. (2013). International Realities and Philippine Foreign Policy Under Ferdinand Marcos. Foreign
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Philippines.pdf

PCGG Report. (2017). Commission on Audit: Executive Summary. Republic of the Philippines
Department of Justice.
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Government-Sector/Department-of-Justice/PCGG_ES2017.pdf