Chief Presidential Legal Counsel Juan Ponce Enrile believes that the 1987 Constitution should be set aside including its provisions on the basis for the declaration of martial law.
According to Mav Gonzales' report on "24 Oras", the declaration of martial law should be allowed even if the danger was only imminent as provided for under the 1935 and 1973 constitutions.
Enrile pointed out the phrase “imminent danger” was one of the grounds for a president to declare martial law based on the 1935 and 1973 Constitution. This phrase was excluded in the 1987 Constitution. Meanwhile, the 1935 Constitution was established while the Philippines was under the rule of the Americans.
Enrile said the power of the President was “absolute” during that time and could not be questioned by the Supreme Court. “Dahil sa tingin ng mga framers natin noon kasi galing lang tayo sa dictatorship na na-overthrown, huwag na sana maulit 'yung situation where one person without being checked by anybody declare total power and 'yun ang reason for that—to prevent repetition of autocracy being imposed,” Azcuna said.
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