Rama, Michelle May D.

AB POSC-LPS 4

Academic Paper on the Public Education and Advocacy Forum on Civil Liberties

The Liberties of the civilian would not be acknowledge if our ancestors did not fight for it

nor if our government implemented the law guarding our liberties. However, the different

perspectives and the different events provokes a violation to our liberties. In the Philippine context,

Filipinos will always recall the Martial Law during the Marcos Administration. They thought that

the Declaration of Martial Law would promote peace and order. Indeed, it did for a time but it did

not last long. The government lacks of transparency and the pervading corruption resulted from

the “extraordinary” power given to the late President Marcos. The terrors of Martial Law never left

the Philippine Citizenry till then.

Today, the entire Mindanao is also under Martial Law. The declaration was provoked by

the consecutive disturbances made by the Maute group which is allegedly link to ISIS or the

Islamic State of Iraq and the Levant. This terror group first emerged in Butig town in Lanao del

Sur more than two years ago. This was founded by Omar and Abdulla Maute who are

descendants of a big Maranao warrior clan in Butig. Initially, the group was called Dawlah Islamiya

but eventually became more known as the Maute Group. The two brothers who founded the

Maute Group were former contract workers in the Middle East. This gave them the opportunity to

study Islamic Theology in between works. They were able to study in the secular schools of Syria

and the United Arab Emirates. The siblings espouses hatred to non-Muslims and are known for

their propensity in enforcing a Taliban-style justice system, which Maranaos find ruthless and

absolutely primitive. The residents of the Autonomous Region in Muslim Mindanao perceives the

Maute terrorist as a financially misguided group of Islamic militants inspired by ISIS and with

extremely dangerous tendencies.

 The initial attack of the group in Butig ruined the town and dislocated thousands of

residents, many of them remain hesitant to return to their villages that were plundered in one

attack after another from between 2015 until early this year. Local officials purported in their

speeches that no fewer than 10 young recruits of the Maute brothers were trained in fabrication

of improvised explosive devices by the slain Malaysian terrorist Marwan and Usman, his

Maguindanaon cohort. The Maute group became more popular when they beheaded Salvador

Janobas and Jaymart on April 2016. The captives were beheaded because of the suspicion that

they were spies of the government. It was later known that the captives were Visayan who were

lowly laborers in a mini sawmill owned by an illegal logger in Butig. A video footage of their brutal

execution became viral in the social media. This was circulated by the self-proclaimed Jihadists

who uses aliases.

Specifically, the Marawi Crisis or the Marawi clash was the basis for the declaration. The

ongoing conflict started on May 23, 2017 between the Philippine Government the affiliated

militants of the Islamic State of Irag and the Levant. The Philippine government claims that the

clash started when it launched an offensive attack in Marawi City to capture Isnilon Hapilon, the

leader of the Abu Sayaff. The security forces of the Philippines receive a report that Hapnilon was

in the city to meet with the Maute group. The firefight began when Hapnilon’s forces opened fire

on the combined forces of the Army and the police and when Hapnilon called reinforcements from

the Maute group. After, the Maute group attacked Camp Ranao and occupied several buildings

such as the City Hall, State University, hospital and the jail. They also occupied the main street

and set fire the Church of Saint Mary, Ninoy Aquino school and Dansalan College. The group

also attacked the Marawi Cathedral wherein they took the priest and several civilians as hostage.

The main objective of the Maute group is to raise an ISIS flag at the Lanao del Sur Provincial

Capitol and declare a wilayat or provincial ISIS territory in Lanao del Sur.
 The events as narrated above where the reasons behind the Martial Law in Mindanao.

However, a lot of people are not contented with the justification of the government in implementing

a measure wherein the writ of habeas is suspended and the place is under military rule. As stated

in the 1987 Philippine constitution:

Art. VII, Sec. 18. – 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
of habeas corpus 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 of habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially
charged for rebellion or offenses inherent in, or directly connected with, invasion.

However, the Senate opted to have closed back door sessions rather to convene

immediately as what is stated in the constitution. There are also a number of people who claims

that Martial Law is not necessary in Mindanao because the government can still contain the

problem in the area. Other people who has a dissenting opinion regarding the matter also thinks

that the proclamation may be harmful in such a way that it is the same with the martial law

implemented by the Marcos regime. The people were able to say this due to the recent statements

of our President Duterte.

In my perspective, the martial law in 1973 and 1987, constitutionally is different. Clearly,

the powers are different due to the checks and balances present. However, we must not let our

guard down because there maybe loopholes and the current events suggest that there is an

inconsistency between the actual event and what is stated in the constitution. In conclusion,

Martial Law is important as a last resort for the government to maintain peace and order but this

power must not be abuse so that its objective would not perish. I recommend that what is

mandated in the constitution be followed and that any legal measures must be exhaust first before

resorting to the declaration of martial law.

References

Bulan, Amierielle. "Panelo: Assault On Marawi Residents Justifies Martial Law

Declaration". philstar.com. N.p., 2017. Web. 12 June 2017.
Gita, Ruth. "AFP: Martial Law May Continue After Marawi Crisis". SunStar. N.p., 2017. Web. 12
June 2017.
"MARTIAL LAW | The Constitutional Basis". News5 - InterAksyon. N.p., 2017. Web. 12 June
2017.
"MARTIAL LAW | The Constitutional Basis". News5 - InterAksyon. N.p., 2017. Web. 12 June
2017.
"Maute Group, ASG Share Terrorism Objective – Military - The World Around Us". The World
Around Us. N.p., 2017. Web. 12 June 2017.
Unson, John. "How Maute Group Came To Be". philstar.com. N.p., 2017. Web. 12 June 2017.