#PrayForMarawi: Things To Know About The Declaration of Martial Law in Mindanao
On May 23, armed terrorist group Maute was reported to have attacked the province of Marawi in Lanao del Sur, Mindanao. This event has prompted President Duterte to declare Martial Law in Mindanao for 60 days, despite Lanao del Sur being the only affected area in the region. Other nearby provinces have been on full alert in case of any similar attacks.
This declaration made by Duterte while he was in Moscow, Russia, was said to last for up to 60 days and would not be any different from what happened back in the proclamation of Martial Law in 1972. In a Facebook live interview with Duterte, he mentioned “it would not be any different from what the President Marcos did. I’d be harsh.” But what exactly do you need to know about Martial Law?
Brief introduction on ‘Martial Law’
The legal definition of Martial Law means that it is “a system of complete control by a country’s military over all activities, including civilians.” Duterte is the second president of the Philippines to declare a ‘localized’ Martial Law, which means that it is only restricted in a particular place, and not in the whole country. Former President Gloria Macapagal Arroyo previously declared Martial Law in 2009 during the Maguindanao massacre.
Martial Law in 1972
The first declaration of Martial Law, which is also the most notorious in Philippine history, was made by former President Ferdinand Marcos in 1972. During this period, civil rights were suspended and military authority prevailed in the Philippines. In this era, numerous human rights abuses have become rampant and violence and torture reigned upon the country.
Martial Law declaration under the 1987 constitution
At present, the Philippines is now following the 1987 Constitution, wherein Martial Law has a process to be followed prior to its declaration. These are the following basis, as per Article VII, Section 18 of the 1987 Constitution:
- President shall be Commander-in-Chief of all armed forces of the Philippines;
- In case of invasion or rebellion, when the public safety requires it, he may suspend the privilege of writ of habeas corpus (safeguard against warrantless arrests and illegal detentions) or place the country or any part under Martial Law;
- Within 48 hours from the proclamation, President should submit in writing/in person of the report to the Congress. At least a majority of all Congress members should vote whether to revoke or suspend the said declaration;
- Upon request by the President, the Congress may also be the one to extend such declaration beyond the mandated 60 days;
- Supreme Court (judiciary) may review the ‘sufficiency of factual basis’ or the suspension of privilege of writ.
What are the things Martial Law CANNOT do?
- Suspend the operation of the Constitution;
- Replace the functions of civil and legislative courts;
- Authorize conferment of jurisdiction on military courts
- Automatic suspension of the privilege of writ of habeas corpus. (This suspension only applies to persons judicially charged for rebellion or in connection to invasion.)
What will happen in case of Martial Law?
Since this means that the military will be in direct control, there will be consequences that may happen in return:
- Human rights abuse- in relation to the suspension of writ of habeas corpus
- Authoritarianism- individual freedom will be restricted;
- Abuse of Power
At press time, Duterte will be back in the Philippines from his trip to Russia, cutting his trip short to help in this ongoing tension in Marawi as AFP’s commander-in-chief. In relation to the terrorist attack in Marawi, AFP Public Affairs Marine Col. Edgard Arevalo has announced that the government forces are in full control, and have stabilized the situation in the area. The AFP also advised the public not to post anything on social media that may cause panic or confusion among people, especially the movements being made by the government so as not to interfere with the ongoing operations.
Source: Gov.ph, Rappler, ABS-CBN
