PRESIDENT Rodrigo Duterte said Wednesday he may place the entire country under martial law if threat of terrorism for Islamic State-affiliated groups spill out from Mindanao, where he has suspended the writ of habeas corpus.
“If I think that the ISIS has already taken a foothold also in Luzon, and terrorism is not really far behind, I might declare martial law throughout the country to protect the people,” Duterte said after his official trip to Russia was cut short on Wednesday.
“The government may consider [expanding] the covered areas of martial law in the event that members of the Maute group and other ISIS-affiliated terrorists seek sanctuary or expand their terroristic activities in the Visayas and Mindanao,” he said.
“[While] we are still in the state of emergency, sporadic skirmishes with the Maute group continues, showing the group’s capability to sow terror and unleash harassment and inflict destruction not only in Lanao del Sur but also in other parts of Mindanao and even in the Visayas.”
He said he might also suspend the writ of habeas corpus in the Visayas, as he ordered the Navy to block terrorists from crossing the waters separating the Visayas and Mindanao.
“Remember that this is not [aimed at] law-abiding citizens. We are the least of your worries,” he said.
Duterte said that the series of terrorist acts committed by the Maute group “resulted in the loss of lives of our citizens including policemen and soldiers.”
The President also said civilians may take up arms if their lives are in danger.
“But if you confront government…my orders are… to enforce the law. And anyone caught possessing a gun and confronting us with violence, my orders are shoot to kill,” Duterte said.
“I will not hesitate to do it. My human rights is different. It is an institutional theory, which we will reserve and observe.”
Duterte said abuses will not be tolerated under martial law.
“The courts are open. But anyone now holding a gun, confronting government with violence, my orders are spare no one. Let us solve the problem of Mindanao once and for all,” he said.
On Tuesday night, Duterte declared martial law in Mindanao, home to about 20 million people, after gunmen who had declared allegiance to the Islamic State group rampaged through Marawi City.
At least three security force personnel died on Tuesday as they battled the militants in Marawi, a mainly Muslim city of about 200,000 people, with authorities reporting that gunmen burned a Catholic Church and other buildings.
“Our fellow Filipinos, do not be too scared,” Duterte said from Moscow, where he had just begun an official visit that he abruptly ended to fly home and deal with the crisis.
Duterte vowed to be ruthless in quelling the terrorism threat in Mindanao.
Presidential Spokesman Ernesto Abella announced Duterte’s decision at a press briefing in Moscow.
“The President has called me and asked me to announce that as of 10 p.m. Manila time, he has already declared martial law for the entire island of Mindanao,” he said.
“Deputy Executive Secretary Menardo Guevarra has clarified that this is possible given the existence of a rebellion in Mindanao based on Article VII, Section 18 of the Constitution. This is good for 60 days,” he added.
As a result of this measure, curfew will be in effect in Lanao del Sur, Lanao del Norte, Maguindanao, Sultan Kudarat, Zamboanga City, Basilan, Tawi-Tawi and Jolo, Sulu.
The President is set to submit to Congress a written notice of his decision to declare martial law with both chambers, voting jointly if they will be revoke Duterte’s 60-day suspension.
The President named Armed Forces of the Philippines chief Gen. Eduardo Año as the chief implementor of martial law in the country, with his term as AFP chief extended for another six months. Civilian authority, meanwhile, will come from Defense Secretary Delfin Lorenzana during martial law.
Duterte said that the open defiance and violence happening in Marawi City must not continue.
“Government must put an end to this. I cannot gamble with ISIS because they are everywhere. And, you know what is happening or you must be very aware of what happened in the Middle East,” Duterte said.
In an interview, Lorenzana said that Duterte has thought of declaring martial law as early as November to combat ISIS. Some members of the Cabinet advised the President against doing so, however.
Duterte said that martial law in Mindanao will be “harsh” and will not be different from the time of President Ferdinand Marcos.
“Let me just tell everybody that I have declared martial law for Mindanao. How long? Well, if it will take a year to do it, we’ll do it. If it’s over within a month, I will be happy. But martial law is martial law. So those of you who have experienced martial law it will not be any different from what President Marcos did. I’ll be harsh,” Duterte said.
“I have to do it to preserve the Republic of the Philippines.”
Duterte also suggested that the measure, which is to last for 60 days, may be extended even further.
Under the Constitution, the President may only declare martial law in cases of invasion or rebellion and when the public safety requires it. The period under martial law can only last for 60 days.
The Supreme Court may also 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 within 30 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 of habeas corpus.
Marcos’s two-decade rule ended in 1986 when millions of people took to the streets in a famous “People Power” revolution.
“Martial law of Mr. Marcos was very good,” Duterte said.
Duterte said his own version of martial law meant security forces could conduct searches and arrest people without warrants.
He also said there would be curfews for some provinces in Mindanao.
The fighting in Marawi erupted on Tuesday afternoon after security forces raided a house where they believed Isnilon Hapilon, a leader of the infamous Abu Sayyaf kidnap gang and Philippine head of IS, was hiding.
The United States regards Hapilon as one of the world’s most dangerous terrorists, offering a bounty of $5 million for his capture.
More than 100 gunmen responded to the raid by burning buildings and conducting other diversionary tactics, Lorenzana said.
Photos posted on social media by residents showed the gunmen walking through the streets of Marawi and placing black flags that looked similar to those used by IS.
Lorenzana said on Tuesday night that many gunmen were hiding in buildings as snipers, making it difficult for security forces to combat them.
There were no reports of fighting on Wednesday morning, although it was unclear if the militants were still in the city or had escaped into nearby mountains and forests that they have long used as hideouts.
Authorities did not give any updates on the whereabouts of Hapilon.
The Abu Sayyaf has kidnapped hundreds of Filipinos and foreigners since the early 1990s to extract ransoms. The United States lists it as a terrorist organization.
Security analysts say Hapilon has been trying to unite Filipino militant groups that have professed allegiance to IS.
These include the Maute group, which is based near Marawi.
The Maute group has engaged in repeated deadly battles with the military over the past year.
Muslim rebels have been waging a rebellion since the 1970s for an independent or autonomous homeland in Mindanao, with the conflict claiming more than 130,000 lives.
The main Muslim rebel groups are involved in peace talks with the government.
But the Abu Sayyaf, Maute and other hardline groups are claiming they want to set up an Islamic caliphate in the south for IS, security analysts say.
The US and other Western governments warned this month that terrorists were planning to kidnap foreigners in tourist hotspots in the western and central Philippines, adding to longstanding advisories of abduction threats in Mindanao. With AFP, PNA