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Martial Law in Mindanao: What you need to know

President Duterte has just placed the entire island of Mindanao under Martial Law to try to contain the heavily armed Maute terror group in Marawi City.

Here's what you need to know about the Martial Law in Mindanao courtesy of Atty. Trixie Cruz-Angeles:

What is martial law?

It is when the civilian law enforcement authority is exercised by the military.

The president is allowed by the constitution to declare martial law in cases of invasion or rebellion when the public safety requires it.

After such declaration, the president shall report to Congress, personally or in writing.

Congress can convene within 48 hours to vote jointly by at least a majority of both Houses to revoke the declaration.

If the president initiates it, Congress, voting in the same manner may extend the declaration.

The declaration of martial law does not automatically suspend the writ of habeas corpus.

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Art. VII Sec. 18 Philippine Constitution

Section 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.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.


Marcos Martial Law vs Duterte Martial Law - A Huuuuuuuuuge Difference

For those who will raise the Marcos bogeyman, please be informed that martial law under the 1987 constitution and the one that Marcos used are NOT the same.
Congress cannot be abolished, and the privilege of the writ of habeas corpus can be suspended only for cases involving rebellion.

There are other safeguards. Congress may revoke the declaration after the President has reported it. And the Supreme Court may review the declaration if it has factual basis, and must render a decision within 30 days from the filing of the case.
This is not the same as Marcos' martial law.
The declaration of martial law does not amount to an assessment of the local governments' ability to respond to the situation, but is declared to allow the military to enforce the law.

Wala pong binabago sa powers ng LGU. At yung nagsasabing this amounts to the President saying that the LGUs are rendered powerless or look inept or incompetent because of this declaration, wala pong basehan yang sinasabi ninyo.


Martial Law in Mindanao: What you need to know Martial Law in Mindanao: What you need to know Reviewed by AsianPolicy.Press on 4:33:00 PM Rating: 5

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