Philippine President Rodrigo Duterte warned that martial law would be “harsh” and like a dictatorship, after imposing military rule in the south of the country to combat Islamist militants. / AFP PHOTO / TED ALJIBE
(Eagle News) — When President Rodrigo Duterte declared martial law in Maguindanao that would last for a period of 60 days, various sectors reacted on the subject that had touched a raw nerve for many former activists.
Lawyer Christian Monsod, one of the framers of the 1987 Constitution, expressed apprehension on Duterte’s martial law declaration.
Presidential Spokesperson Ernesto Abella announced the martial law declaration in Mindanao earlier, while the Philippine delegation was still in Moscow. The martial law declaration was made 10 p.m. on Tuesday, May 23.
Martial Law for 60 days only
“In order to suppress lawless violence and rebellion and for public safety, it is necessary to declare Martial Law in the entire island of Mindanao, including Sulu, Jolo and Tawi-Tawi for a period of 60 days,” Abella said.
“The government is in full control of the situation and is fully aware that the Maute/Isis and similar groups have the capability, though limited, to disturb the peace; these have shown no hesitation in causing havoc, taking innocent lives and destroying property,” he said.
Safeguards under the Philippine Constitution
But what does exactly the Philippine Constitution say about the declaration of martial law by a Philippine President under the 1987 Constitution.
Under Article 7, Section 18 of the Philippine Constitution, “the President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.”
“In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”
“Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.”
“The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President.
“Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
“The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
“The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
“A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.
“The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
“During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”
