TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

Lawmakers told to stay in Manila for martial law review

Marc Jayson Cayabyab (Inquirer.net)
Wed, May 24, 2017 Published on May. 24, 2017 Published on 2017-05-24T11:09:17+07:00

Change text size

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!
Military troops scour the site of a roadside blast in the village of Matampay in Marawi City, Southern Mindanao on November 29, 2016. Seven military bodyguards of President Rodrigo Duterte and two other soldiers were wounded on November 29 in an ambush by suspected Islamic militants on the eve of his planned visit to the southern Philippines, the military and president said. Military troops scour the site of a roadside blast in the village of Matampay in Marawi City, Southern Mindanao on November 29, 2016. Seven military bodyguards of President Rodrigo Duterte and two other soldiers were wounded on November 29 in an ambush by suspected Islamic militants on the eve of his planned visit to the southern Philippines, the military and president said. (AFP/Richel Umel)

M

ajority Leader Rudy Fariñas on Wednesday urged members of the House of Representatives to stay in Manila in case Congress convenes to discuss President Rodrigo Duterte’s declaration of martial law in Mindanao.

In a text message to House members, Fariñas said the chamber would hold sessions until Friday, thus representatives were advised to stay in Manila until then.

Fariñas said that under the 1987 Constitution, the President was required to report to Congress within 48 hours regarding the declaration of martial law. Congress would then approve or revoke declaration in a majority vote of its members.

“All Members are advised to stay put in Manila. Under our Rules, our sessions are until Friday. The President will head back home ASAP (the party is now at the Moscow airport) and we may have session as soon as we receive his official report,” Fariñas said.

The Ilocos Norte representative said he and Speaker Pantaleon Alvarez would be briefed by the military and police about the martial law declaration, while the lower House would wait for the President’s report to Congress.

He also urged the public to keep safe and not panic amid a martial law declaration in the South.

“We will have to wait for the report of the President in order for us to exercise our constitutional duty on the matter. In the meantime, we ask our people to remain calm and to keep safe,” Alvarez said.

While on official visit to Russia, President Duterte declared martial law after the Maute group engaged government troops in a firefight in Marawi city.

Due to lessons learned from the martial law regime of the dictator Ferdinand Marcos marred with human rights violations, torture, and enforced disappearances, the 1987 Constitution provided checks and balances by allowing Congress and the Supreme Court to step in on the martial law declaration.

According to the Constitution, the president as commander-in-chief of all armed forces may declare martial law or suspend the privilege of the writ of habeas corpus to “prevent or suppress lawless violence, invasion or rebellion ” for 60 days subject to approval of Congress.

“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,” the Constitution stated.

“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,” it added..

Congress may also extend the proclamation or suspension of martial law upon the initiative of the President “if the invasion or rebellion shall persist and public safety requires it,” the Constitution stated.

The Supreme Court may also review the need for a declaration of martial law or suspension of the privilege of writ of habeas corpus upon an appropriate proceeding filed by a concerned citizen.

The Constitution states that 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.”

Before his plane took off bound for Manila from Russia, Duterte said his martial law would not be any different than that of the dictator Marcos. He has always raised the specter of martial law to solve the country’s ills, including the drug menace.

“Martial law is martial law. So kayong mga kababayan ko, you’ve experienced martial law, it would not be any different from what the President Marcos did. I’d be harsh,” Duterte said in a Facebook live interview with Assistant Secretary Mocha Uson of the Presidential Communications Operations Office. 

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.

Share options

Quickly share this news with your network—keep everyone informed with just a single click!

Change text size options

Customize your reading experience by adjusting the text size to small, medium, or large—find what’s most comfortable for you.

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!

Continue in the app

Get the best experience—faster access, exclusive features, and a seamless way to stay updated.