On Monday, Maute Group, an Islamic militant group said to be connected to ISIS brought fear and terror to Marawi. They set city jail on fire, freed 100 inmates, brought panic to hospitals, held civilians captive and even took lives of people. Marawi residents are scared because the worst is yet to come. As residents leave the place, government forces continue to prevent the Islamic group from terrorizing the city.
Since many lives are at stake and peace cannot be forged, President Duterte had to cut his trip to Russia short to attend to the serious issue that has plagued Marawi. On Wednesday, Duterte placed Mindanao under Martial law with a hint of extending it in Visayas.
Some supported the move while others want a much better solution than declaring Martial law. For those who were born in the era where the Marcoses reigned supreme, there are apprehensions regarding the implications of Martial law. Will history repeat itself? Is it something that Filipino people should be afraid of?
The 1987 Constitution of the Republic of the Philippines define what Martial law is and when it is applicable:
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.
