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Statement of the Philippine Bar Association on the imposition of martial law in Mindanao 24 May 2017

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The Philippine Bar Association, the oldest voluntary organization of lawyers in the Philippines, denounces the senseless violence instigated by terrorist groups in Marawi City which has resulted in the imposition of martial law in the whole of Mindanao.

Under the Constitution, the President may place the Philippines, or any part thereof, under martial law “in case of invasion or rebellion, when the public safety requires it.”

The declaration of martial law is a power given to the President by the Constitution which he may use for purposes as therein enumerated in order to protect our democracy, to ensure the return of peace and order, and to defend the rule of law.  Its exercise in the first instance is largely based on his judgment and his assessment of the situation. The Constitution provides for a system of checks from Congress and the Supreme Court designed to prevent abuse of this power.

Given our country’s grim history with martial law, however, it is understandable that news of its declaration would be met with some trepidation. Thus, we urge the government to resolve the crisis in Marawi City expeditiously so that the imposition of martial law may be lifted as soon as it is no longer necessary. We have complete trust that the forces of the state will be guided by these principles, ever vigilant that such presidential power is to be exercised only for the greater good.

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