‘It was an academic and theoretical discussion’: Panelo defends the comment on martial law on the coronavirus

MANILA – After widespread criticism on social media, chief presidential legal adviser Salvador Panelo defended his comment Tuesday that the COVID-19 pandemic could be the subject of a declaration of martial law in the country.

Panelo said his comment was “more of an academic and theoretical discussion, and was not intended to express the government’s official position on the matter.”

“Those destined for those trained in law, as well as law students and legal academics, to explore the ever-changing state of affairs regarding the dynamics of our Constitution, especially now that we are fighting a global pandemic.” he said in a statement.

Panelo also said that Philippine laws “are replete with provisions that have been the subject of numerous debates over their interpretation only to reveal later, based on our jurisprudential history, that opinions that went against the grain really reflected the true spirit of the law”.

In fact, only the Supreme Court has the constitutional task of finally interpreting our laws, and our obligation as lawyers is simply to present our respective theories before it. And since there are as many opinions as there are lawyers, theories abound, and it is up to all legal minds to analyze it carefully, ”he said.

The National Union of Peoples’ Lawyers (NUPL) called Panelo’s comment “incredible.”

“Legally unsustainable, constitutionally absurd and objectively absurd, yet an extremely dangerous fable,” the group said.

During his comment program on a state television network, Panelo said that the COVID-19 pandemic threatened the entire country and claimed that a “real invasion” was taking place.

“It can mean international invasion … it can mean the entry of a disease and the transfer from one area to another,” he said.

“Ano bang meron ngayon (What do we have now?) There is a real invasion of coronavirus disease which is a pandemic,” he said.

While the Constitution requires a rebellion or an invasion as the basis for declaring martial law, Panelo said the letter also states that public safety could require extraordinary measure.

The coronavirus pandemic falls under the classification of a public safety threat, he said.

“In fact, it threatens the entire yung lahat ng kababayan natin country, so it may be a true invasion,” he said.