Académique Documents
Professionnel Documents
Culture Documents
in
Mindanao
(Academic writing)
SUBMITTED BY ALLEN JAKE AGSALUNA
The proclamation, signed by President Rodrigo Duterte and Executive Secretary Salvador
Medialdea, cites passages from the 1987 Constitution and the Revised Penal Code, as amended
by Republic Act No. 6968, which provide for the declaration of martial law by the country's
chief executive.
Section 18, Article VII of the Constitution says the president can suspend the privilege of the
writ of habeas corpus or place the country or any part of it under martial law, "in case of invasion
or rebellion, when the public safety requires it."
Article 134 of the Revised Penal Code, meanwhile defines rebellion or insurrection as "rising
and taking arms against the government."
Duterte on Tuesday declared a 60-day martial law in Mindanao due to the Maute group's attack
in Marawi City.
Following the attacks in Marawi City by the Islamic State-aligned Abu Sayyaf and Maute
Groups, the declaration of martial law in the Philippine region of Mindanao creates a
desperate situation for the people and the stability of Mindanao. Military operations and
repressive actions will more likely increase the extremist violence than subdue it.
Given the history of the Philippines and the abhorrent record of the Duterte
administration, as seen by his “war on drugs,” the return of martial law to Mindanao is
an ominous sign of the violence and bloodshed which will certainly follow. The potential
scale of the looming atrocities is buried at the crossroads of the history of the Islamic
extremism in the Philippines and President Rodrigo Duterte’s disregard for human
rights and the value of human life.
The current trend of government violence is seen through the war on drugs taking place
across the Philippines. The counter-narcotic operations, which have left
over 7,000 people slain across the country, have consisted of large-scale extrajudicial
killings and monetary payments based upon body count. This seemingly large number
of deaths becomes mind-blowing when put into the framework of violence escalation. Of
the 7,000 killings that have taken place since Duterte took office in June of last year,
2,500 were at the hands of the police. The number of police killings recorded for the first
half of 2016 was 68.
Under the 1987 Constitution, the president can declare martial law "in case of
invasion or rebellion, when the public safety requires it."
The president must also submit a report to Congress, whether in person or in writing,
within 48 hours of the declaration.
If Congress does not agree that martial law should be declared or the writ of habeas
corpus suspended, it can "voting jointly, by a vote of at least a majority of all its
members in regular or special session" revoke the proclamation or suspension.
No declaration of martial law or the suspension of the writ of habeas corpus can last
for more than 60 days unless a majority in Congress, again voting jointly, votes to
extend it "if the invasion or rebellion shall persist and public safety requires it."
"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
constitution also says.
The entire Philippines has been under a state of national emergency since
the Davao City bombing in September 2016.