Panelo clarifies ‘invasion’ remark meant to spur ‘academic, theoretical discussion’

MANILA, Philippines — Chief presidential legal counsel Salvador Panelo on Tuesday clarified that his remarks on the coronavirus disease (COVID-19) pandemic as “invasion” and ground for declaration of martial law was only meant for “academic and theoretical discussion.”

“The remarks this representation made about martial law last Monday, May 4, 2020, during his program, Counterpoint, particularly with respect to its other ground – the existence of an invasion – were more of an academic and theoretical discussion, and were not meant to express the official position of the government on the matter,” Panelo said in a statement.

Presidential spokesperson Harry Roque said President Rodrigo Duterte does not share the same view as Panelo over the controversial remark.

“Those were intended for those trained in the law, as well as law students and legal scholars, to explore the ever-changing state of affairs vis-à-vis the dynamics of our Constitution, especially now as we battle a global pandemic,” Panelo further said.

Panelo said he was only posing a legal discourse on whether the Constitution “should restrict itself to conventional understanding.”

“It is akin to a teacher espousing a theory in order that students of the law may be titillated, encouraged and pressed to exercise their legal aptitude in analyzing textbook precepts and applying the same to real-life circumstances,” he further explained.

During his program over a state-run television network, Panelo said that the definition of “invasion” is no longer confined to other nations using armed forces to occupy a country and therefore can be grounds to declare martial law.

Department of Justice (DOJ) Secretary Menardo Guevarra pointed out that in the context of declaring martial law, “invasion” refers to “invasion of a country by foreign armed forces.” Roque agreed to Guevarra’s statement. Under the 1987 Constitution, the President may only proclaim martial law in case of invasion and rebellion when the public safety requires it.