Proclamation No. 216 suspends habeas corpus in Mindanao in response to violent attacks by the Maute terrorist group in Marawi City. The Philippine Constitution allows for the suspension of habeas corpus during rebellion or invasion. It also establishes checks and balances around martial law declarations to prevent abuses. Military officials claim martial law has improved security and economic activity in Mindanao by restricting terrorist groups and encouraging tourism. However, others argue its declaration and implementation must be carefully executed to avoid aggravating situations and ensure civilian safety.
Proclamation No. 216 suspends habeas corpus in Mindanao in response to violent attacks by the Maute terrorist group in Marawi City. The Philippine Constitution allows for the suspension of habeas corpus during rebellion or invasion. It also establishes checks and balances around martial law declarations to prevent abuses. Military officials claim martial law has improved security and economic activity in Mindanao by restricting terrorist groups and encouraging tourism. However, others argue its declaration and implementation must be carefully executed to avoid aggravating situations and ensure civilian safety.
Proclamation No. 216 suspends habeas corpus in Mindanao in response to violent attacks by the Maute terrorist group in Marawi City. The Philippine Constitution allows for the suspension of habeas corpus during rebellion or invasion. It also establishes checks and balances around martial law declarations to prevent abuses. Military officials claim martial law has improved security and economic activity in Mindanao by restricting terrorist groups and encouraging tourism. However, others argue its declaration and implementation must be carefully executed to avoid aggravating situations and ensure civilian safety.
Proclamation No. 216 suspends habeas corpus in Mindanao in response to violent attacks by the Maute terrorist group in Marawi City. The Philippine Constitution allows for the suspension of habeas corpus during rebellion or invasion. It also establishes checks and balances around martial law declarations to prevent abuses. Military officials claim martial law has improved security and economic activity in Mindanao by restricting terrorist groups and encouraging tourism. However, others argue its declaration and implementation must be carefully executed to avoid aggravating situations and ensure civilian safety.
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Proclamation No. 216 suspends the privilege of the writ of habeas corpus in Mindanao. Habeas corpus" is a Latin phrase that means "that you have the body." Through the writ of habeas corpus, a court can order the state to produce the physical body of a person detained. "In general, the purpose of the writ of habeas corpus is to determine whether or not a particular person is legally held," the Supreme Court (SC) said in a previous ruling.
"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," according to the 1987 Philippine Constitution.
"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."
Proclamation No. 216 cited as justification "the series of violent acts committed by the Maute terrorist group” as well as their attack on Marawi City.
The power to declare martial law is found in in Sec. 18, Art. VII of the 1987 Constitution, vested in the president under his commander-in-chief powers. He has three powers as commander-in- chief: in order to prevent lawless violence, (a) to call out the Armed Forces (calling out power) when it becomes “necessary”; and in case of invasion or rebellion, and when the public safety requires it, to (b) suspend the privilege of the writ of habeas corpus, or (c) declare martial law. Significantly, the mere declaration of martial law does not automatically suspend the privilege of the writ of habeas corpus.
From the attacks launched by the Maute Group in Marawi City, Martial Law has to be declared.
"We have joined rounds of consultation with the primary stakeholders in the peace, security, and development in Mindanao and we have received overwhelming positive feedback, not only on our efficient implementation of martial law, but also its impact to security, local economy, and governance and well-being of local communities," the AFP chief Gen Noel Clement. "Martial law has led to increased tourist and economic activity in Mindanao, especially in areas previously thought of as inaccessible to visitors from Luzon and Visayas. The improved security situation is so inviting that it is no longer unusual to find tourists exploring Bongao, Tawi-Tawi, Basilan, Davao, Zamboanga City, or island hopping in Jolo, Sulu. The development created more jobs and empowered residents to become active players in the peace and security of their communities," he noted.
And with the help of local government units, an unprecedented number of loose firearms have been confiscated or surrendered to the government, with 5,685 loose firearms recovered in Mindanao alone.
"Movements of known terrorist groups such as the New People’s Army, Maute Group, and the ASG (Abu Sayyaf Group) have also been constricted. In Eastern Mindanao alone, 11,333 CPP- NPA (Communist Party of the Philippines) members and supporters have been given an opportunity to experience a more peaceful and productive way of life," the AFP chief added.
According to Constitutionalist Fr. Joaquin Bernas, SJ, these powers are “graduated powers,” each varying in degree of severity in order to address the situation on ground, with the calling out powers being the “mildest” and most easily available, and martial law being that of last resort. However, it is up to the president’s discretion which to utilize when the circumstances call for it.
The declaration of martial law, for its part, sets to motion several check-and-balance mechanisms found in the 1987 Constitution. Coming from the experience of former president Ferdinand Marcos’ declaration of martial law — which led to human rights abuses occurring under his regime, some of which are still uncompensated for — the framers of the Constitution ensured that other branches of the government (and even a citizen, by filing a suit) will have the immediate power to overturn a baseless declaration of martial law or render it unconstitutional.
According to Lorenzana, the declaration covered all of Mindanao because of security problems also existing in nearby areas, like Sulu, the Zamboanga peninsula, Central Mindanao, and the Davao region.
Considering the circumstances, the following questions concerning Duterte’s proclamation must be answered, following the letter and intent of the Constitution: did the clash in Marawi City constitute a rebellion or invasion? Spokesperson Ernesto Abella has indicated as such, in a report, that the recent proclamation “was possible on the grounds of existence of rebellion because of what is happening in Mindanao based on Article 7, Section 18 of the Constitution.”
To declare martial law already presupposes a grave threat to national security — a case of invasion and rebellion — thus warranting careful exercise of its extraordinary power. As details of the proclamation and events unfold, care must be taken not to aggravate the situation on the ground and ensure the safety of civilians involved in the clash. It is also important not to misinform and to carefully study the scope of the president’s power in making and implementing the declaration.
Throughout my life, I have only recognized two Martial Law declared. One is from Dictator Marcos and the other one is from President Duterte. And from the two, I can identify which of them I think is acceptable to have declared and that is the Martial Law in Mindanao. This for the reason that it was not primarily declared to disregard the privilege of the writ of habeas corpus for its citizens. This was just a way for our Armed Forces to improve their response for the terrorists terrorizing our fellow citizens. Of course there will be pros and cons, but the intention for this declaration was for the general good.
