Done in the Russian Federation on May 23, Executive Secretary Salvador C. Medialdea, on behalf of President Duterte, declared a state of martial law and suspended the writ of habeas corpus in Mindanao via Proclamation 216.
As basis, the President referred to acts of invasion and rebellion in the region, which had its early underpinnings when the Maute Group allegedly violently attacked a military outpost in Lanao del Sur in February 2016, and the mass jailbreak in Marawi City in August 2016. The proclamation then focused on the May 23 incidents, where the same terrorist group took over a hospital in Marawi City, established checkpoints within the city, burned government and private facilities and flew the Islamic State of Iraq and Syria flag in several areas.
This narrative was used to lay the foundations of a factual finding of invasion and rebellion, which are deplorable criminal acts under Article 134 of the Revised Penal Code. To make the scenario complete, the President called out the Armed Forces of the Philippines (AFP) to fulfill its constitutional function of preventing and suppressing lawless violence. Each step in the constitutional provision was dissected and brought to life.
Trauma in our past
The trauma produced by the Marcosian martial law stirred the usual public outcry against Proclamation 216 and its potential horrors and pitfalls. Various groups went to the Supreme Court (SC) to question the validity of the proclamation. The group of Rep. Edcel C. Lagman of Albay stated that the Maute terrorist acts are not synonymous to a rebellion, because it has no intention to take arms for the purpose of removing allegiance to the government or depriving the President or the legislature its powers. At most, the government itself, in fact, launched the war in Marawi City. It was essentially a military operation and not a crusade to topple the administration. On the other hand, other petitioners belonging to the Human Rights and Activists segment allege that there was no actual rebellion, but only a looming threat. Most of petitioners argued that the President was given a fact sheet that was inaccurate and its contents, even denied by some key personalities, like the medical director of the Marawi City hospital.
Rationale for the declaration
The government’s position was fully articulated by Solicitor General Jose C. Calida, who categorically denied that the martial law in Mindanao is akin to that of Marcos’s
Proclamation 1081. He even assured the SC that the human rights of the Filipino people, especially those in Mindanao, shall be fully respected and protected. Calida explained that the Marawi attack staged by the Maute Group was a clear case of rebellion and a part of a bigger plot to make Mindanao an Islamic state. He mentioned that all the important elements for the crime of rebellion were present. The facts on the ground were established and communicated by the AFP to the President and the latter had to act decisively and quickly to address the growing crisis. The linkage between the Maute and other terrorist groups in the Asian region cannot be underestimated.
Highest legal imprimatur
The SC now has an extremely difficult but significant task, as any ruling on this matter will impact so many lives and the economic and political future not only of Mindanao, but the entire nation, as well. The closed door interpellation facilitated by the High Court for it to fully appreciate the intelligence and confidential information provided by the Department of National Defense and the AFP may fill the gaps in the factual basis for the martial-law declaration.
Those who are on the ground, actually supervising and leading our military operations must be trusted by the courts to tell the story. Our President has spoken that his action was not a knee-jerk or flimsy reaction to the Maute offensive. Martial law is not a simple matter. We have loads of history on this issue and our government is fully aware of that. In the meantime, the Marawi war is now on its fifth week, and about 350 people have died. Ordinary citizens and our military are suffering because of this terrorist menace. The risk of it spreading to other areas is present. Those in the area live it and feel it. Day by day, we are confronted with rising number of Maute militants, with some foreigners even joining the fray. We wonder why there appears to be more of them in every nook and cranny in Marawi City and nearby places. The blatant attack against the state must end.
Clarity on the legal framework to fully enable our government to fight terrorists and lawless elements will certainly help. So help us God.
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