With security officials’ position that rebellion has not been totally quelled in the southern region, the 17th Congress on Wednesday voted to extend martial law in Mindanao for the entirety of 2018.
Convening in a joint session, the Senate and House of Representatives, through Resolution of both Houses 13, granted President Duterte’s request for a martial-law extension for a period of one year, from January 1, 2018, to December 31, 2018.
A total of 240 members of Congress voted to approve the extension of martial law and the suspension of the privilege of writ of habeas corpus until December 31, 2018, as against only 27 who voted against it. There were no abstentions.
Fourteen senators voted in favor of the motion, while four were against it. Meanwhile, 226 members of the lower chamber approved the motion, while 23 rejected it.
Duterte signed Proclamation 216, imposing martial law and suspending habeas corpus in Mindanao on May 23 following the attacks of the Maute group in Marawi City.
Section 18 of Article VII of the Constitution empowers the President to declare martial law and suspend the writ of habeas corpus only “in case of invasion or rebellion, when public safety requires it.”
Under the Constitution, Congress, voting jointly, has the sole power to extend martial law. A majority vote of the two chambers—or at least 158 members—voting jointly is needed to pass the motion.
Executive Secretary Salvador C. Medialdea told lawmakers, “We do not ask for unlimited martial law. What we are seeking is unlimited peace.”
“Despite the death of Isnilon Hapilon and Maute fighters, the Daesh-inspired Da’awatul Islamiyah Waliyatul Masriq continue to rebuild their organization through recruitment and conduct financial and logistical buildup,” Medialdea said.
“It was these atrocities that compelled the President to declare the NDF-CPP-NPA [National Democratic Front-Communist Party of the Philippines-New People’s Army] as terrorist organizations,” he added.
Support
PARTY-LIST Rep. Sherwin Tugna of Cibac said the continued existence of rebellion in Mindanao justifies the extension of martial law.
“Several events that occurred in other areas in Mindanao, and not only confined in Marawi City, show that rebellion still exists in Mindanao,” he said.
While commending the Armed Forces of the Philippines in regaining Marawi from the terrorists, Tugna reminded the military about a familiar phrase everybody knows: “With great power comes great responsibility.”
“The martial-law rule gives the military power to easily apprehend suspected rebels because rebellion has become a continuing crime. They can apprehend without a warrant of arrest. Also, the suspension of the privilege of the writ of habeas corpus has extended the right to detain arrested rebellion suspects for a period of 72 hours, or three days, from the usual 36 hours,” he said.
“Another effect of the imposition of martial law is the restriction of some constitutional rights, such as the right to privacy of communication, the right to travel and the right to liberty of abode,” Tugna added.
For his part, Rep. Frederick W. Siao of the Lone District of Iligan, a member of the House Committees on Mindanao Affairs, said recovery and rehabilitation efforts for Marawi will not prosper if people’s safety is not assured and remaining pockets of terrorism are not quashed.
“Mindanao is ready to forge ahead as the new economic powerhouse of the Philippines, not just in agriculture but also in manufacturing, services and tourism. The security and safety of workers, investors and tourists will be assured in the short term by the martial-law extension and in the long term by the political solutions, such as the BBL [Bangsamoro basic law], progressive Charter change and movement of economic legislation empowering local governments and creating jobs,” he said.
Party-list Rep. Mikee Romero of 1-Pacman, also assistant majority leader, said the country needs a strong economic war on the root causes of the rebellion and terrorism, particularly in Mindanao.
“The victory of the military and police in Marawi has won the trust of millions of Mindanaoans. We need to take advantage of the one-year extension to solidify that trust and build upon it with economic, social and political solutions,” he said.
Opposition
Meanwhile, Party-list Rep. Gary Alejano of Magdalo said the Marawi crisis is over, and “I see no basis for the extension of martial law for another year.”
“Extension of martial law would run counter to the provisions of 1987 Constitution, which states that martial law would be declared when there is actual rebellion or invasion and when public safety requires it. It is clear that no such thing exists. Reports on continuing recruitment of terrorists and skirmishes with NPA could not be the basis of imposition of martial law,” Alejano said.
“There is no stopping the President and the armed forces from going after terrorists even without declaring martial law. Martial law is not equivalent to combat operations,” he added.
According to Alejano, the military can very well arrest suspected terrorists and search houses during combat operations as what has been done before even in the absence of martial law.
“Defense and intelligence infrastructure are in place in the whole of Mindanao and were provided with operational and intelligence funds. There is no doubt that an arrest or search warrant could be secured from courts when supported with solid intelligence information. Relying on martial law to arrest a person is short of admitting that intelligence gathering is inefficient. This could lead to shotgun approach or witch hunt,” he said.
“Extending martial law for one year is an admission that civilian authority is not anymore functioning, which necessitates military rule. I believe this is not the case,” Alejano added.
He said the prolonged exposure of the military to martial law could weaken civilian supremacy over the military, which is a fundamental principle of our democracy.
“I cannot reconcile the fact that, while President Duterte is using the NPA to justify extension of martial law for one year, he is sleeping with their allies in government,” he added.
“Rebels, terrorists and secessionists have been there since the 1970s. They are not new. In varying degrees, they all have been soliciting foreign funding and conducting terroristic acts like beheading, bombings and kidnappings. It is not new that foreign fighters are killed in the rebel camps and hideouts. Numerous all-out wars have been carried out by the military in the past, but it did not solve the problems. On the contrary, our security situation has aggravated,” Alejano added.
Senior Deputy Minority Leader Lito Atienza of Buhay party-list questioned the Constitutional basis for the request of the President to extend martial law in Mindanao for one year.
“We are asking for a clarification from the Chief Executive and the military on the provisions of the Constitution—Article VII, Section 18, clearly limits the power of the President, any president, to declare martial law, if needed, and to suspend the writ of habeas corpus for a maximum not to exceed 60 days,” Atienza said.
He added Congress should follow and respect the limitations provided for by the Constitution.
“We maintain, therefore, that Congress, in performing its task, after having been requested by the President, should limit its extension within the bounds of the 60-day period. One week, two weeks, one month, 60 days—but not beyond 60 days. Congress may decide to extend, but aren’t we supposed to respect the limitations set forth by the Constitution? We should, and we must!” Atienza said.
Rep. Kaka J. Bag-ao of the Lone District of Dinagat Islands said the “Battle of Marawi” has already been won by government forces, saying the larger war against terrorism will not be ended with martial law as the sole solution.
“Our soldiers deserve a better strategy to carry out their duty to protect our citizens—citizens in Mindanao who have been greatly affected by the conflict,” she said.
“The war against terror is a complex problem that needs a comprehensive response, and hastily re imposing martial law is far from being the comprehensive response that we need from this government,” Bag-ao said.
“We do not need martial law in Mindanao. We need better military intelligence. We need quicker military response. We need active citizenship in our communities. We need to institute structural reforms. We need a strategic response, and not just be comfortable with the shortcuts offered by martial law and the shrinking of democratic and political rights of citizens—of Filipinos—in Mindanao,” Bag-ao said.
Senators’ vote
Senators, attending the joint session of Congress on martial-law extension for one year, voted 14-4 in favor of approving President Duterte’s request.
The combined votes by members of the House of Representatives and the Senate showed 240 lawmakers voting in the affirmative and 27 casting votes opposing the extension.
The Liberal Party senators who voted against extending martial law until December 2018 were Minority Leader Franklin M. Drilon and Sens. Paolo Benigno A. Aquino IV, Risa Hontiveros-Baraquel and Francis N. Pangilinan.
Sen. Panfilo M. Lacson Sr., who voted in favor of the extension, cited the “psychological boost” it would give the military establishment in its mission to restore order in Mindanao. Apart from that, Lacson clarified the extension does not include any “extra powers” for those enforcing Duterte’s martial-law edict.
“We all know the conditions under martial law are no different, as far as the powers of the military, the President [is concerned] everything associated with powers…nothing has been added,” Lacson said.
Lacson believes that Duterte’s decision to extend martial-law imposition by one year could be a “blessing in disguise” as the State security forces would be “more conscious” if their troops commit abuses, knowing they are being watched.
“If there was no martial-law declaration, there would not be much attention,” the senator said, adding: “In my view, in a way, it is a blessing in disguise due to the consciousness and awareness of the people that there is martial law, and the focus is on our security forces.”
At the same time, Sen. Joseph Victor G. Ejercito observed that President Duterte’s martial-law declaration is “favored by most law-abiding citizens in Mindanao.”
“Warlords and private armies cannot move and lord over it the way they used to,” Ejercito said, even as he noted that the “thousands of loose firearms problem needs to be addressed to establish atmosphere conducive to business and tourism” in the South.
Image credits: PNA/Avito C. Dalan
1 comment
Duterte is an incompetent leader, incapable of governing without it. What do you expect from someone who massacres and murders his own people?