President Rodrigo Duterte declared martial law in Mindanao on Tuesday, May 23. This after the Maute Group and Abu Sayyaf terrorists laid siege in Marawi City. The Constitution allows the declaration of martial law; Section 18, Article VII says the President can do it when there is invasion or rebellion, or when public safety requires it.
The proclamation also meant the President must cut short his trip to Russia.
There are certain caveats and conditions attached to the provision.
A reading of said provision says that martial law can only last for 60 days. It also says that within 48 hours of the proclamation, the President must submit a report, in person or in writing, to Congress. Congress, voting jointly, by a vote of at least a majority of its members in regular or special session, may revoke such proclamation and the President shall not set this aside.
Upon the initiative of the President, Congress may, in the same manner, extend such proclamation or suspension for a period determined by Congress if the rebellion shall persist and if public safety should require it.
Note this, though: If Congress is in session—now it is not—it shall, within 24 hours following such proclamation convene in accordance with its rules without the need for a call.
Another caveat: The Supreme Court may review, in an appropriate proceeding, and upon filing by a citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the writ of habeas corpus. The Supreme Court must promulgate the decision on this within 30 days from its filing.
Yet another caveat: The state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of 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.
Malacañang must also note that any person thus arrested or detained shall be judicially charged for rebellion or offenses inherent in or directly connected with such rebellion. During the suspension of the privilege of the writ, any person arrested or detained shall be judicially charged within three days. Otherwise, he should be released.
Why so many caveats and conditions?
The 1987 Constitution was reactionary. The charter, often called the Cory Constitution, was drafted by delegates she had handpicked to ensure that what happened in 1972 would never happen again.
In other words, we now have a toothless martial law.
As a lawyer, I believe these conditions are for the good of all.
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But what does martial law mean for Mindanaoans? Will it be business as usual, or will local government operations be suspended? Will it affect Christian areas like Cagayan de Oro City, Davao City and Zamboanga City.
I ask these questions because martial law throughout Mindanao could mean takeover of the Christian-dominated provinces and cities by the Armed Forces. Thus, it will hamper civilian life and daily business,
It must be noted by the Duterte administration that martial law under Marcos meant the suppression of rights and basic freedoms. Abuse of power by the military and the police could lead us to something that the Duterte administration has not bargained for.
Another thing: Is the imposition of martial law only the beginning? I ask this question because there are also other wars that President Duterte is waging—like the war on illegal drugs, criminality and corruption, all of which are ongoing.
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Another collateral issue brought about by the declaration of martial law in Mindanao is the Duterte government’s move for peace with Muslim secessionists like the Moro Islamic Liberation Front and the Moro National Liberation Front.
Will the peace process be put on hold? Santa Banana, that is quite a problem for President Duterte!
We should note that the breakaway group of the MILF, the Bangsamoro Islamic Freedom Fighters, is also at war with the government. And since the Abu Sayyaf terrorists are co-opted by Misuari’s MNLF in the province of Sulu, the declaration of martial law would extend to all rebel movements in Mindanao.
And how about the communist party? Is it covered by martial law?
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Those implementing the Anti-Distracted Driving Act, like the Department of Transportation, Land Transportation Office, Land Transportation Franchising and Regulatory Board, Metro Manila Development Authority and the PNP Night Patrol Group have finally come to their senses. They suspended the law not only because both Houses of Congress wanted it suspended, but because there is universal outcry against the confusion arising from it.
My gulay, at the start, only the use of cellphones and other electronic gadgets were outlawed. And then even religious items on dashboards were going to be prohibited!
We need a public hearing to clarify what exactly the Anti-Distracted Driving Act wants to do.
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Clearly, President Duterte failed to read the Holy Bible. Jesus told the disciples after receiving the grace of the Holy Spirit: “Whatever sins you forgive shall be forgiven, and whatever sins you retain shall be retained.”
The President, in an attempt to pursue his anti-Catholic stance, said in an interview with Russian media that he would ask forgiveness from his sins directly from God. He said he could not see why people would tell their sins to a priest, who is also human.
Does he not realize that priests are representatives of Christ? Despite his dislike for the Catholic Church which he says has become irrelevant, he must be told that Christ himself said the gates of hell shall not prevail against it.
The sacrament of reconciliation, like the sacrament of marriage, is still sacrosanct.