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MINDANAO, Philippines UNDER STATE OF MARTIAL LAW

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Mindanao is a region in the Philippines that has faced armed threats from various fronts — bandit groups, communist rebels, and even drug syndicates for a long time. Last Tuesday, May 23rd, President Rodrigo Duterte declared martial law over Mindanao following the attack of the “Maute Group” in Marawi City.

What is Martial Law?

It is a direct military control enforced to rule over civilians as a temporary response of the government to invasion or any major disasters.

It is imposed when [Ref: Article 7 Section 18, 1987 Constitution]

  • Rebellion arises that threatens the stability of the government and requires safety of the civilians.
  • To suppress lawless violence, invasion, and political opposition.
  • Major natural disaster occurs (in some cases we use other legal terms called state of emergency).
  • After coup d’etat (the sudden, violent overthrow of an existing government by a small group).

What is Martial Law under 1987 Constitution?

The constitution imposed safeguards on Martial Law, including the requirement for congress to approve its imposition and extension. The Supreme Court can also rule on its legality.

Both congress and the Supreme Court are fully operational. The congress will affirm the proclamation and reviewed by the Supreme Court after 48 hours and it possible to be revoked if the majority opposed. The law takes effect not exceeding 60 days unless the congress approves it.

The Defense department however emphasized that the constitution is still in effect on the island. The 1987 Constitution allows the president to declare martial law, but this declaration does not suspend the constitution nor close down courts.

What will happen under the current Martial Law?

Martial law allows the president to “call out the armed forces to prevent or suppress lawless violence, invasion or rebellion”, according to the constitution. The security forces would be able to arrest suspected militants and hold them for three days without charge.

What are the typical impositions of martial law?

1. Curfews

2. Suspension of Writ of habeas corpus (the great and efficacious writ in all manner of illegal confinement)

3. Application of military law to civilians.

We emphasize, however, that Martial Law does not suspend the Constitution but authorizes the Armed Forces of the Philippines to take over law enforcement operations from the Philippine National Police, and conduct arrests and searches in accordance with the rule of law and human rights.

Stressing that the public can rest assure that the Constitution is very clear on the fact that the declaration of Martial Law in Mindanao will not result to any diminution of the people’s rights and that civil and judicial authorities will continue to function except in places where the continuation of such functions has been rendered difficult.

Lian

(Marketing Department, HELP Clark Campus)