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PROCLAIMING A STATE OF MARTIAL LAW IN THE PHILIPPINES - PROCLAMATION NO. 1081

The Lawphil Project - Arellano Law Foundation
PROCLAMATION No. 1081 September 21, 1972
PROCLAIMING A STATE OF MARTIAL LAW IN THE PHILIPPINES



PROCLAMATION No. 1081         September 21, 1972

PROCLAIMING A STATE OF MARTIAL LAW IN THE PHILIPPINES

WHEREAS, on the basis of carefully evaluated and verified information, it is definitely established that lawless elements who are moved by a common or similar ideological conviction, design, strategy and goal and enjoying the active moral and material support of a foreign power and being guided and directed by intensely devoted, well trained, determined and ruthless groups of men and seeking refuge under the protection of our constitutional liberties to promote and attain their ends, have entered into a conspiracy and have in fact joined and banded their resources and forces together for the prime purpose of, and in fact they have been and are actually staging, undertaking and waging an armed insurrection and rebellion against the Government of the Republic of the Philippines in order to forcibly seize political and state power in this country, overthrow the duly constituted government, and supplant our existing political, social, economic and legal order with an entirely new one whose form of government, whose system of , laws, whose conception of God and religion, whose notion of individual rights and family relations, and whose political, social, economic, legal and moral precepts are based on the Marxist-Leninist-Maoist teachings and beliefs ;

WHEREAS, these lawless elements, acting in concert through seemingly innocent and harmless, although actually destructive, front organizations which have been infiltrated or deliberately formed by them, have continuously and systematically strengthened and broadened their memberships through sustained and careful recruiting and enlistment of new adherents from among our peasantry, laborers, professionals, intellectuals, students, and mass media personnel, and through such sustained are careful recruitment and enlistment have succeeded in spreading and expanding, their control and influence over almost every segment and level of our society throughout the land in their ceaseless effort to erode I and weaken the political, social, economic, legal and moral foundations of our existing government, and to influence, manipulate and move peasant, labor, student and terroristic organizations under their influence or control to commit, as in fact they have committed and still are committing, acts of violence, depredations, sabotage and injuries against our duly constituted authorities, against the members of our law enforcement agencies, and worst of all, against the peaceful members of our society;

WHEREAS, in the fanatical pursuit of their conspiracy and widespread acts of violence, depredations, sabotage and injuries against our people, and in order to provide the essential instrument to direct and carry out their criminal design and unlawful activities, and to achieve their ultimate sinister objectives, these lawless elements have in fact organized, established and are now maintaining a Central Committee, composed of young and dedicated, radial students and intellectuals, which is charged with guiding and directing the armed struggle and propaganda assaults against our duly constituted government, and this Central Committee is now imposing its will and asserting its sham authority on certain segments of our population, especially in the rural areas, through varied means of subterfuge, deceit, coercion, threats, intimidations, machinations, treachery, violence and other modes of terror, and has been and is illegally exacting financial and other forms of tributes from our people to raise funds and material resources to support its insurrectionary and propaganda activities against our duly constituted government and against our peace-loving people ;

WHEREAS, in order to carry out, as in fact they have carried out, their premeditated plan to stage, undertake and wage a full scale armed insurrection and rebellion in this country, these lawless elements have organized, established and are now maintaining a well trained, well armed and highly indoctrinated and greatly expanded insurrectionary force, popularly known as the "New People's Army", which has since vigorously pursued and still is vigorously pursuing a relentless and ruthless armed struggle against our duly constituted government and whose unmitigated forays, raids, ambuscades, assaults, and reign of terror and acts of lawlessness in the rural areas and in our urban centers brought about the treacherous and cold-blooded assassination of innocent civilians, military personnel of the government and local public officials in many parts of the country, notably in the Cagayan Valley, in Central Luzon, in the Southern Tagalog Region, in the Bicol Area, in the Visayas and in Mindanao, and whose daring and wanton guerrilla activities have generated and sown fear and panic among our people; have created a climate of chaos and disorder, produced a state of political, social, psychological and economic instability in our land, and have inflicted great suffering and irreparable injury to persons and property in our society";

WHEREAS, these lawless elements, their cadres, fellow-travellers, friends, sympathizers and supporters have for many year up to the present time been mounting sustained, massive and destructive propaganda assaults against our duly constituted government, its instrumentalities, agencies and officials, and also against our social, political, economic and religious institutions, through the publications, broadcasts and disseminations of deliberate slanted and overly exaggerated news stories and news commentaries as well as false, vile foul and scurrilous statements utterances, writings and pictures through the press-radio-television media and through leaflets, college campus newspapers and some newspapers published and still being published by these lawless elements, notably the "Ang Bayan", Pulang Bandila" and the "Ang Komunista", all of which are clearly well-conceived, intended and calculated to malign and discredit our duly constituted government, its instrumentalities, agencies, and officials before our people making it appear to the people that our government has become so weak and so impotent to perform and discharge its functions and responsibilities in our society and to our people, and thus undermine and destroy the faith and loyalty and allegiance of our people in and alienate their support for their duly constituted government, its instrumentalities, agencies and officials, and thereby gradually erode and weaken as in fact they have so eroded and weakened the will of our people to sustain and defend our government and our democratic way of life ;

WHEREAS, these lawless elements having taken up arms against our duly constituted government and against our people, and having committed and are still committing acts of armed insurrection and rebellion consisting of armed raids, forays, sorties, ambushes, wanton acts of muliders, spoilage, plunder, looting, arsons, destruction of public and private buildings, and attacks against innocent and defenseless civilian lives and property, all of which activities have seriously endangered and continue to endanger public order and safety and the security of the nation, and acting with cunning and manifest precision and deliberation and without regard to the health, safety and well-being of the people, are now implementing their plan to cause widespread, massive and systematic destruction and paralization of vital public utilities and services, particularly water systems, sources of electrical power, communication and transportation facilities, to the great detriment, suffering, injury and prejudice of our people and the nation and to generate a deep psychological fear and panic among our people;

WHEREAS, the Supreme Court in the cases brought before it, docketed as G.R. Nos. L-33964, L-33965, L-33973, L-33982, L-34004, L-34013, L-34039, L-34265, and L-34339, as a con- sequence of the suspension of the privilege of the writ of habeas corpus by me as President of the Philippines in my Proclamation No.889, dated August 21, 1971, as amended, has found that in truth and in fact there exists an actual insurrection and rebellion in the country by a sizeable group of men who have publicly risen in arms to overthrow the government. Here is what the Supreme Court said in its decision promulgated on December 11, 1971:

" x x x our jurisprudence attests abundantly to the Communist activities in the Philippines, especially in Manila, from the late twenties to the early thirties, then aimed principally at incitement to sedition or rebellion, as the immediate objective. Upon the establishment of the Commonwealth of the Philippines, the movement seemed to have waned notably; but, the outbreak of World War II in the Pacific and the miseries, the devastation and havoc, and the proliferation of unlicensed firearms concomitant with the military occupation of the Philippines and its subsequent liberation, brought about, in the late forties. a resurgence of the Communist threat, with such vigor as to be able to organize and operate in Central Luzon an army -called HUKBALAHAP, during the occupation, and renamed Hukbong Mapagpalaya ng Bayan (HMB) after liberation- which clashed several times with the armed forces of the Republic. This prompted then President Quirino to issue Proclamation No.210, dated October 22, 1950, sus- pending the privilege of the writ of habeas Corpus, the validity of which was upheld in Montenegro v. Castañeda. Days before the promulgation of said Proclamation, or on October 18, 1950, members of the Communist Politburo in the Philippines were apprehended in Manila. Subsequently accused and convicted of the crime of rebellion, they served their respective sentences.

"The fifties saw a comparative lull in Communist acti- vities, insofar as peace and order were concerned. Still, on June 20, 1957, Republic Act No.1700, otherwise known as the Anti-Subversion Act, was approved, upon the grounds stated in the very preamble of said statute -that

" x x x the Communist Party of the Philippines, although purportedly apolitical party, is in fact an organized conspiracy to overthrow the Government of the Republic of the Philippines, not only by force and violence but also by deceit, subversion and other illegal means, for the purpose of establishing in the Philippines a totalitarian regime subject to alien domination and control ;

" x x x the continued existence and activities of the Communist Party of the Philippines constitutes a clear, present and grave danger to the security of the Philippines; and

" x x x in the fact of the organized, systematic and persistent subversion, national in scope but international in direction, posed by the Communist ...Party of the Philippines and its activities, there is urgent need for special legislation to cope with this continuing menace to the freedom and security of the country x x x." :

"In the language of th,e Report on Central Luzon, submitted, on September 4, 1971, by the Senate Ad Hoc Committee of Seven-copy of which Report was filed in these cases by the petitioners herein-

"The years following 1963 saw the successive emergence in the country of several mass organizations, notably the Lapiang Manggagawa (now the Socialist Party of the Philippines) among the workers; the Malayang Samahan ng Mga Magsasaka (MASAKA) among the peasantry; the Kabataang Makabayan (KM) among the youth/students; and the Movement for the Advancement of Nationalism (MAN) among the intellectuals/professionals, the PKP has exerted all-out effort to infiltrate, influence and utilize these organizations in promoting its radical brand of nationalism."

"Meanwhile, the Communist leaders in the Philippines had been split into two (2) groups, one of which -com- posed mainly of young radicals, constituting the Maoist faction -reorganized the Communist Party of the Philip- pines early in 1969 and established a New People's Army. This faction adheres to the Maoist concept of the 'Protracted People's War' or 'War of National Liberation.' Its 'Programme for a People's Democratic Revolution' states, inter alia:

"The Communist Party of the Philippines is determined to implement its general programme for a people's democratic revolution. All Filipino communists are ready to sacrifice their lives for the worthy cause of achieving the new type of democracy, of building a new Philippines that is genuinely and completely independent, democratic, united, just and prosperous . . .

"The Central task of any revolutionary movement is to seize political power. The Communist Party of the Philippines assumes this task at a time that both the international and national situations are favorable to taking the road of armed revolutionů'

"In the year 1969, the NPA had-according to the records of the Department of National Defense-conducted raids, resorted to kidnappings and taken part in other violent incidents numbering over 230, in which it inflicted 404 casualties, and, in turn, suffered 243 losses. In 1970, its record of violent incidents was about the same, but the NPA casualties more than doubled.

"At any rate, two (2) facts are undeniable: (a) all Communists, whether they belong to the traditional group or to the Maoist faction, believe that force and violence are indispensable to the attainment of their main and ultimate objective, and act in accordance with such belief, although they disagree on the means to be used at a given time and in a particular place; and (b) there is a New People's Army, other, of course, than the armed forces of the Republic and antagonistic thereto. Such New People's Army is per se proof of the existence of a rebellion, especially considering that its establishment was announced publicly by the reorganized CPP. Such announcement is in the nature of a public challenge to the duly constituted authorities and may be likened to a declaration of war, sufficient to establish a war status or a condition of belligerency, even before the actual commencement of hostilities.

"We entertain, therefore, no doubts about the existence of a sizeable group of men who have publicly risen in arms to overthrow the government and have thus been and still are engaged in rebellion against the Government of the Philippines."

WHEREAS, these lawless elements have to a considerable extent succeeded in impeding our duly constituted authorities from performing their functions and discharging their duties and responsibilities in accordance with our laws and our Constitution to the great damage, prejudice and detriment of the people and the nation;

WHEREAS, it is evident that there is throughout the land a state of anarchy and lawlessness, chaos and disorder, turmoil and destruction of a magnitude equivalent to an actual war between the forces of our duly constituted government and the New People's Army and their satellite organizations because of the unmitigated forays, raids, ambuscades, assaults, violence, murders, assassinations, acts of terror, deceits, coercions, threats, intimidations, treachery, machinations, arsons, plunders and depredations committed and being committed by the aforesaid lawless elements who have pledged to the whole nation that they will not stop their dastardly effort and scheme until and unless they have fully attained their primary and ultimate purpose of forcibly seizing political and state power in this country by overthrowing our present duly constituted government, by destroying our democratic way of life and our established secular and religious institutions and beliefs, and by supplanting our existing political, social, economic, legal and moral order with an entirely new one whose form of govern- ment, whose notion of individual rights and family relations, and whose political, social, economic and moral precepts are based on the Marxist-Leninist-Maoist teachings and beliefs ;

WHEREAS, the Supreme Court in its said decision concluded that the unlawful activities of the aforesaid lawless elements actually pose a clear, present and grave danger to public safety and the security of the nation and in support of that conclusion found that:

" x x x the Executive had information and reports-subsequently confirmed, in many respects, by the above-mentioned Report of the Senate Ad Hoc Committee of Seven -to the effect that the Communist Party of the Philippines does not merely adhere to Lenin's idea of a swift armed uprising; that it has, also, adopted Ho Chi Minh's terrorist tactics and resorted to the assassination of uncooperative local officials ; that, in line with this policy, the insurgents have killed 5 mayors, 20 barrio captains and 3 chiefs of police; that there were fourteen (14) meaningful bombing incidents in the Greater Manila area in 1970; that the Constitutional Convention Hall was bombed on June 12, 1971; that, soon after the Plaza Miranda incident, the N A W ASA main pipe at the Quezon City San Juan boundary, was bombed; that this was followed closely by the bombing of the Manila City Hall, the COMELEC Building, the Congress Building and the MERALCO substation at Cubao, Quezon City; and that the respective residences of Senator Jose J. Roy and Congressman Eduardo Cojuangco were, likewise, bombed, as were the MERALCO main office premises, along Ortigas Avenue, and the Doctor's Pharmaceuticals, Inc. Building, in Caloocan City.

" x x x the reorganized Communist Party of the Philippines has, moreover, adopted Mao's concept of protracted people's war, aimed at the paralyzation of the will to resist of the government, of the political, economic and intellectual leadership, and of the people themselves; that conformably to such concept, the Party has placed special emphasis upon a most extensive and intensive program of subversion by the I establishment of front organizations in urban centers, the organization of armed city partisans and the infiltration in student groups, labor unions, and farmer and professional groups; that the CPP has managed to infiltrate or establish and control nine (9) major labor organizations; that it has exploited the youth movement and succeeded in making Communist fronts of eleven (11) major student or youth organizations;. that there are, accordingly, about thirty ( 30) mass organizations actively advancing the CPP interests, among which are the Malayang Samahan ng Magsasaka (MASAKA) , the Kabataang Makabayan (KM) , the Movement for the Advancement of Nationalism (MAN) , the Samahang Demokra- tiko ng Kabataan (SDK) , the Samahang Molave (SM) , and the Malayang Pagkakaisa ng Kabataang Pilipino (MPKP) ; that, as of August, 1971, the KM had two hundred forty-five (245) operational chapters throughtout the Philippines, of which seventy-three (73) were in the Greater Manila Area, sixty (60) in Northern Luzon, forty nine (49) in Central Luzon, forty-two (42) in the Visayas and twenty-one (21) in Mindanao and Sulu; that in 1970, the Party had recorded two hundred fifty-eight (258) major demonstrations, of which about thirty-three (33) ended in violence, resulting in fifteen (15) killed and over five hundred (500) injured; that most of these actions were organized, coordinated or led by the aforementioned front organizations; that the violent demonstration were generally instigated by a small, but well-trained group of armed agitators; that the number of demonstrators heretofore staged in 1971 has already exceeded those of 1970: and that twenty-four (24) of these demonstrations were violent and resulted in the death of fifteen (15) persons and the injury of many more.

"Subsequent events xxx have also proven xxx the threat to public safety posed by the New People's Army. Indeed, it appears that, since August 21, 1971, it had in Northern Luzon six (6) encounters and staged one (1) raid, in consequences OJ which seven (7) soldiers lost their lives and two (2) other: were wounded, whereas the insurgents suffered five (5) casualties; that on August 26, 1971, a well-armed group of NPA trained by defector Lt. Victor Corpus, attacked the very command post of TF LAWIN in Isabela, destroying two (2) helicopters and one (1) plane, and wounding one (1) soldier that the, NPA had in Central Luzon a total of four (4) encounters, with two (2) killed and three .(3) wounded on the side of the Government, one (1) BSDU killed and three (3 KM-SDK leaders, an unidentified dissident, and Commander Panchito, leader of the dissident group were killed; that on August 26, 1971, there was an encounter in the barrio of San Pedro, Iriga City, Camarines Sur, between the PC and the NPA, in which a PC and two (2) KM members were killed, that the current disturbances in Cotabato and the Lanao provinces have been rendered more complex by the involvement of the CPP /NPA, for, in mid-1971, a KM group, headed by Jovencio Esparagoza, contacted the Higa-onan tribes, in their settlement in Magsaysay, Misamis Oriental, and offered them books, pamphlets and brochures of Mao Tse Tung, as well as conducted teach-ins in the reservation; that Esparagoza

was reportedly killed on September 22, 1971, in an operation of the PC in said reservation; and that there are now two (2) NPA cadres in Mindanao.

"It should, also, be noted that adherents of the CPP and its front organizations are, according to intelligence findings, l definitely capable of preparing powerful explosives out of locally available materials; that the bomb used in the Constitutional Convention Hall was a 'Claymore' mine, a powerful explosive device used by the U.S. Army, believed to have been one of many pilfered from the Subic Naval Base a few days before; that the President had received intelligence information to the effect that there was a July-August Plan involving a wave of assassinations, kidnappings, terrorism and mass destruction of property and that an extraordinary occurrence would signal the beginning of said event; that the rather serious condition of peace and order in Mindanao, particularly in Cotabato and Lanao, demanded the presence therein of forces sufficient to cope with the situation; that a sizeable part of our armed forces discharges other functions; and that the expansion of the CPP activities from Central Luzon to other parts of the country, particularly Manila and its suburbs, the Cagayan Valley , Ifugao, Zambales, Laguna, Quezon and the Bicol Region, required that the rest of our armed forces be spread thin over a wide area."

WHEREAS, in the unwavering prosecution of their revolutionary war against the Filipino people and their duly constituted government, the aforesaid lawless elements have, in the months of May, June and July, 1972, succeeded in bringing and introducing into the country at Digoyo Point, Palanan, Isabela and at other undetermined points along the Pacific coastline of Luzon, a substantial quantity of war material consisting of M-1.4 rifles estimated to be some 3,500 pieces, several dozens of 40 mm rocket launchers which are said to be Chicom copies of a Russian prototype rocket launcher, large quantities of 80 mm rockets and ammunitions, and other combat paraphernalia, of which wa'r ma- terial some had been discovered and captured by government military forces, and the bringing and introduction of such quantity and type of war material into the country is a mute but eloquent proof of the sinister plan of the aforesaid lawless elements to hasten the escalation of their present revolutionary war against the Filipino people and their legitimate government ;

WHEREAS, in the execution of their overall revolutionary plan, the aforesaid lawless elements have prepared and released to their various field commanders and Party workers a document captioned "REGIONAL PROGRAM OF AC'TION 1972", a copy of which was captured by elements of the 116th and 119th Philippine Constabulary Companies on June 18, 1972 at Barrio Taringsing, Cordon, Isabela, the text of which reads as follows:

"REGIONAL PROGRAM OF ACTION 1972

"The following Regional Program of Action for 1972 is pre- pared to be carried out as part of the overall plan of the party to foment discontent and precipitate the tide of nationwide mass revolution. The fascist Marcos and his reactionary members of Congress is expected to prepare themselves for the 1973 hence:

"January -June:

"1. Intensify recruitment of new party members especially from the workers-farmers class. Cadres are being trained in order to organize the different regional bureaus. These bureaus must concentrate on mass action and organization to promote advancement of the mass revolutionary movement. Reference is made to the "Borador ng Programa sa Pagkilos at Ulat ng Panlipunang Pagsisiyasat" as approved by the Central Committee.

"2. Recruit and train armed city partisans and urban guerrillas and organize them into units under Party cadres and activists of mass organizations. These units must undergo specialized training on explosives and demolition and other forms of sabotage.

"3. Intensify recruitment and training of new members for the New Peoples Army in preparation for limited offensive in selected areas in the regions.

"4. Support a more aggressive program of agitation and propaganda against the reactionary armed forces and against the Con Con.

"July -August:

"During this period the party expects the puppet Marcos government to allow increase in bus rates thus aggravating further the plight of students, workers and the farmers.

"1. All Regional Party Committees must plan for a general strike movement. The Regional Operational Commands must plan for armed support if the fascist armed forces of Marcos will try to intimidate the oppressed Filipino masses.

"2. Conduct sabotage against schools, colleges and universities hiking tuition fees.

"3. Conduct sabotage and agitation against puppet judges and courts hearing cases against top party leaders.

"4. Create regional chaos and disorder to dramatize the inability of the fascist Marcos government to keep and maintain peace and order thru:

"a) Robbery and hold-up of banks controlled by American imperialists and those belonging to the enemies of the people.

"b) Attack military camps, US bases and towns.

"c) More violent strikes and demonstrations.

"September-October :

"Increase intensity of violence, disorder and confusion:

"1. Intensify sabotage and bombing of government buildings and embassies and other utilities:

"a) Congress

"b) Supreme Court

"c) Con Con

"d) City Hall

"e) US Embassy

"f) Facilities of US Bases

"g) Provincial Capitols

"h) Power Plants

"i) PLDT

"j) Radio Stations

"2. Sporadic attacks on camps, towns and cities.

"3. Assassinate high government officials of Congress, Judiciary, Con Con and private individuals sympathetic to puppet Marcos.

"4. Establish provincial revolutionary government in towns and cities with the support of the masses.

"5. With the sympathetic support of our allies, establish provisional provincial revolutionary governments.

"CENTRAL COMMITTEE
COMMUNIST PARTY OF THE
PHILIPPINES'.

WHEREAS, in line with their "REGIONAL PROGRAM OF ACTION 1972", the aforesaid lawless elements have of late been conducting intensified acts of violence and terrorisms during the current year in the Greater Manila area such as the bombing of the Arca building at Taft Avenue, Pasay City, on March 15; of the Filipinas Orient Airways board room at Domestic Road, Pasay City on April 23; of the Vietnamese Embassy on May 30; of the Court of Industrial Relations on June 23; of the Philippine Trust Company branch office in Cubao, Quezon City on June 24; of the Philamlife building at United Nations Avenue, Manila, on July 3; of the'Tabacalera Cigar & Cigarette Factory Compound at Marquez de Comilas, Manila on July 27; of the PLDT exchange office at East Avenue, Quezon City, and of the Philippine Sugar Institute building at North Avenue, Diliman, Quezon City, both on August 15; of the Department of Social Welfare building at San Rafael Street, Sampaloc, Manila, on August 17; of a water main on Aurora Boulevard and Madison Avenue, Quezon City on August 19; of the Philamlife building again on August 30; this time causing severe destruction on the Far East Bank and Trust Company building nearby; of the armored car and building of the Philippine Banking Corporation as well as the buildings of the Investment Development Inc, and the Daily Star Publications when an-other explosion took place on Railroad Street, Port Area, Manila also on August 30; of Joe's Department Store on Carriedo Street, Quiapo, Manila, on September 5, causing death to one woman and injuries to some 38 individuals; and of the City Hall of Manila on September 8; of the watermains in San Juan, Rizal on Sept, 12, of the San Miguel building on Makati, Rizal on Sept, 14; and of the Quezon City Hall on September 18, 1972, as well as the at- tempted bombing of the Congress Building on July 18, when an unexploded bomb was found in the Senate Publication Division and the attempted bombing of the Department of Foreign Affairs on August 30,

WHEREAS, in line with the same "REGIONAL PROGRAM OF ACTION 1972", the aforesaid lawless elements have also fielded in the Greater Manila area several of their "sparrow Units" or "Simbad Units" to undertake liquidation missions against ranking government officials, military personnel and prominent citizens and to further heighten the destructions and depredations already inflicted by them upon our innocent people, all of which are being deliberately done to sow terror, fear and chaos amongst our population and to make the government look so helpless and incapable of protecting the lives and property of our people;

WHEREAS, in addition to the above-described social disorder, there is also the equally serious disorder in Mindanao and Sulu resulting from the unsettled conflict between certain elements of the Christian and Muslim population of Mindanao and Sulu, between the Christian "Ilagas" and the Muslim "Barracudas", and between our government troops, and certain lawless organizations such as the Mindanao Independence Movement;

WHEREAS, the Mindanao Independence Movement with the active material and financial assistance of foreign political and economic interests, is engaged in an open and unconcealed attempt to establish by violence and force a separate and independent political state out of the islands of Mindanao and Sulu which are historically, politically and by law parts of the territories and within the jurisdiction and sovereignty of the Republic of the Philippines;

WHEREAS, because of the aforesaid disorder resulting from armed clashes, killings, massacres, arsons, rapes, pillages, destruction of whole villages and towns and the inevitable cessation of agricultural and industrial operations, all of which have been brought about by the violence inflicted by the Christians, the Muslims, the "Ilagas", the "Barracudas", and the Mindanao Independence Movement against each other and against our government troops, a great many parts of the islands of Mindanao and Sulu are virtually now in a state of actual war;

WHEREAS, the violent disorder in Mindanao and Sulu has todate resulted in the killing of over 1,000 civilians and about 2,000 armed Muslims and Christians, not to mention the more than five hundred thousand of injured, displaced and homeless persons as well as the great number of casualties among our government troops, and the paralyzation of the economy of Mindanao and Sulu;

WHEREAS, because of the foregoing acts of armed insurrection, wanton destruction of human lives and property, unabated and unrestrained propaganda attacks against the government and its institutions, instrumentalities, agencies and officials, and the rapidly expanding ranks of the aforesaid lawless elements, and be- cause of the spreading lawlessness and anarchy throughout the land, all of which have prevented the government to exercise its authority, extend to its citizenry the protection of its laws and in general exercise its sovereignty over all of its territories, caused serious demoralization among our people and have made the public apprehensive and fearful, and finally because public order and safety and the security of this nation demand that immediate, swift, decisive and effective action be taken to protect and insure the peace, order and security of the country and its population and to maintain the authority of the government ;

WHEREAS, in cases of invasion, insurrection or rebellion or imminent danger thereof, I, as President of the Philippines, have, under the Constitution, three courses of action open to me, namely: (a) call out the armed forces to suppress the present lawless violence; (b) suspend the privilege of the writ of habeas corpus to make the arrest and apprehension of these lawless elements easier and more effective; or (c) place the Philippines or any part thereof under martial law;

WHEREAS, I have already utilized the first two courses of action, first, by calling upon the armed forces to suppress the aforesaid lawless violence, committing to that specific job almost 50% of the entire armed forces of the country and creating several task forces for that purpose such as Task Force Saranay, Task Force Palanan, Task Force Isarog, Task Force Pagkakaisa and Task Force Lancaf, and, second, by suspending the privilege of the writ of habeas corpus on August 21, 1971 up to January 11, 1972, but inspite of all that, both courses of action were found inadequate and ineffective to contain, much less solve, the present rebellion and lawlessness in the country as shown by the fact that :

1. That radical left has increased the number and area of operation of its front organizations and has intensified the recruitment and training of new adherents in the urban and rural areas especially from among the youth;

2. The Kabataang Makabayan (KM) , the most militant and outspoken front organization of the radical left, has in- creased the number of its chapters from 200 as of the end of 1970 to 317 as of July 31, 1972 and its membership from 10,000 as of the end of 1970 to 15,000 as of the end of July , 1972, showing very clearly the rapid growth of the Communist movement in this country;

3. The Samahang Demokratiko Ng Kabataan (SDK), another militant and outspoken front organization of the radical left, has also increased the number of its chapters from an insignificant number at the end of 1970 to 159 as of the end of July, 1972 and has now a membership of some 1,495 highly indoctrinated, intensely committed and almost fanatically devoted individuals;

4. The New People's Army, the most active and the most violent and ruthless military arm of the radical left, has increased its total strength from an estimated 6,500 (composed of 560 regulars, 1,500 combat support and 4,400 service support) as of January 1, 1972 to about 7,900 (composed of 1,028 regulars, 1,800 combat support and 5,025 service support) as of July 31, 1972, showing a marked increase in its regular troops of over 100% in such a short period of six months;

5. The establishment of sanctuaries for the insurgents in Isabela, in Zambales, in Camarines Sur, and in some parts of Mindanao, a development heretofore unknown in our campaign against subversion and insurgency in this country;

6. The disappearance and dropping out of school of some 3,000 high school and college students and who are report- ed to have joined with the insurgents for training in the handling of firearms and explosives ;

7. The bringing and introduction into the country of substantial war material consisting of military hardware and sup- plies through the MV Karagatan at Digoyo Point, Palanan, lsabela, and the fact that many of these military hardware and supplies are now in the hands of the insurgents and are being used against our government troops;

8. The infiltration and control of the media by persons who are sympathetic to the insurgents and the consequent intensification of their propaganda assault against the government and the military establishment of the government;

9. The formation of the grass-root level of "political power organs", heretofore unknown in the history of the Communist movement in this country, composed of Barrio Organizing Committees (BOCs) to mobilize the barrio people for active involvement in the revolution; the Barrio Revolutionary Committees (BRCs) to act as "local government" in barrios considered as CPP /NP A bailiwicks; the Workers Organizing Committees (WOCs) to organize workers from all sectors; the School Organizing Committees (SOCs) to conduct agitation and propaganda activities and help in the expansion of front groups among the studentry; and the Community Organizing Committees (COCs) which operate in the urban areas in the same manner as the BOCs.

WHEREAS, the rebellion and armed action undertaken by these lawless elements of the communist and other armed aggrupations organized to overthrow the Republic of the Philippines by armed violence and force have assumed the magnitude of an actual state of war against our people and the Republic of the Philippines;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by Article VII, Section 10, Paragraph ('2) of the Constitution, do hereby place the entire Philippines as defined in Article I, Section 1 of the Constitution under martial law and, in my capacity as their commander-in-chief, do hereby command the armed forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and decrees, orders and regulations promulgated by me personally or upon my direction.

In addition, I do hereby order that all persons presently detained, as well as all others who may hereafter be similarly detained for the crimes of insurrection or rebellion, and all other crimes and offenses committed in furtherance or on the occasion thereof, or incident thereto, or in connection therewith, for crimes against national security and the law of nations, crimes against public order, crimes involving usurpation of authority, rank, title and improper use of names, uniforms and insignia, crimes committed by public officers, and for such other crimes as will be enumerated in Orders that I shall subsequently promulgate, as well as crimes as a consequence of any violation of any decree, order or regulation promulgated by me personally or promulgated upon my direction shall be kept under detention until otherwise ordered re- leased by me or by my duly designated representative.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 21st day of September, in the year of Our Lord, nineteen hundred and seventy two.

 


(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines


By the President:
(Sgd.) ROBERTO V. REYES
Acting Executive Secretary


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