PDu30 Martial Law in Mindanao

This week, President Duterte who was in Russia when there was a big fight between the Armed Forces of the PH (AFP) and the Maute group of local terrorists, declared Martial Law for the entire Mindanao. I think PDu30 acted with paranoia here as he is too focused on anti-drugs de tokhang war vs ordinary civilians, or China-Russia-love ya affair. When faced with real war, his first instinct is to declare Martial Law.

The PH National Police (PNP) too has become too focused on drugs de tokhang that their intelligence gathering on the real organized, armed criminals has suffered. Below, I am reposting opinions from some friends, posted in their fb walls on dates indicated.

(1)  Jose Antonio Custodio, May 23:

The group that is attacking Marawi City is the Maute group with some reinforcements....it is not the ISIS.... They are taking advantage of the fact that the military and police are distracted by the lack of a coherent policy on internal security. It is as simple as that.

(2) Jojo Garcia, May 23:

Martial law means the suspension of civilian government and the installation of military rule. The functioning of regular civilian courts and sanggunians are explicitly the only exception among civilian offices that should continue under the military government. Martial law also means that Mindanao is now under a military governor or governors, usually the heads of the AFP commands in the island. They will govern the civilian population through AFP general orders to be carried out by soldiers, not by the civilian LGUs whose operation and authority are now effectively suspended if martial law is truly to take effect. Anything less than this will merely amount to a hodgepodge system that would result in a nominal declaration mainly intended for propaganda purposes of showing presidential muscle.

If this is real and not nominal martial law, this is the largest geographical area put under martial law since the superficial lifting of Marcos's martial law in 1981. I hope this is only a nominal presidential show of force and not a real implementation of martial law, since I am not sure if the AFP is capable of running a military government in such a large area without the concommittant human rights violations committed en masse.

In short, sana pang-PR at yabang lang yan, because the last time the AFP implemented martial law as declared by a tyrant, there was no turning back.

(3) Dan Adan, May 25:

Understanding Section 18 of Art. VII of the 1987 Constitution Bit by Bit

The President:

1. Is the Commander-in-Chief of all armed forces of the Philippines.

2. As Commander-in-Chief, may call out such armed forces to prevent or suppress lawless violence whenever it becomes necessary.

3. As Commander-in-Chief, may call out such armed forces to prevent or suppress invasion whenever it becomes necessary.

4. As Commander-in-Chief, may call out such armed forces to prevent or suppress rebellion whenever it becomes necessary.

5. May suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days in case of invasion or rebellion, when the public safety requires it.

6. May place the Philippines or any part thereof under martial law for a period not exceeding sixty days in case of invasion or rebellion, when the public safety requires it.

7. Shall submit a report in person or in writing to the Congress within forty-eight hours from the proclamation of martial law.

8. Shall submit a report in person or in writing to the Congress within forty-eight hours from the suspension of the privilege of the writ of habeas corpus.

9. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke the President's proclamation of martial law.

10. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke the suspension of the privilege of the writ of habeas corpus.

11. The President cannot set aside the congressional revocation of the declaration of martial law.

12. The President cannot set aside the congressional revocation of the suspension of the privilege of the writ of habeas corpus.

13. The President may ask Congress to extend the proclamation of martial law if the invasion or rebellion shall persist and public safety requires it.

14. The President may ask Congress to extend the suspension of the privilege of the writ of habeas corpus if the invasion or rebellion shall persist and public safety requires it.

15. The Congress, voting jointly, by a vote of at least a majority of all its members in a regular or special session, may extend the proclamation of martial law for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

16. The Congress, voting jointly, by a vote of at least a majority of all its members in a regular or special session, may extend the suspension of the privilege of the writ of habeas corpus for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

17. 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.

18. Any citizen may file a case before the Supreme Court questioning the sufficiency of the factual basis of the proclamation of martial law or the extension thereof.

19. Any citizen may file a case before the Supreme Court questioning the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the extension thereof.

20. The Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the extension thereof.

21. The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the extension thereof.

22. The Supreme Court must promulgate its decision on the factual basis sufficiency within thirty days from its filing.

A state of martial law does not:

23. Ssuspend the operation of the Constitution.

24. Supplant the functioning of the civil courts.

25. Supplant the functioning of legislative assemblies.

26. Authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.

27. Automatically suspend the privilege of the writ of habeas corpus.

28. 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.

29. 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.

(4) Bernard Ong, May 25:

GEO-FENCING MARTIAL LAW

After Mindanao Martial Law, the trial balloon for nation-wide Martial Law is now flying high.

Inclusions:

1. Mindanao of course - home of the Durterte este Maute Group

2. Visayas because it is just walking distance from Mindanao

3. Luzon because it is just walking distance from Visayas

4. Anybody named Luzviminda is covered

Exclusions:

1. Taiwan which is just walking distance from Luzon

2. Kalayaan Islands (a.k.a Spratly) because it will anger China

3. Panatag because that has been bartered to China for (scrap) trains

4. Davao because it has already been under authoritarian rule for 30 years

5. Anybody who can walk on water is exempted

For assurance that Martial Law will not be abused by unaccountable men in power, read up on Marcos history. Better yet, go dig some bones at Maa Quarry.

Pilipinas Forum 15: Debate on Edsa 2

Enjoy this 13-pages long exchanges and debate among members of pilipinasforum yahoogroups about the "Edsa 2 People Power Revolution" that occurred in January 2001. Being the co-founder and co-moderator of PF, also editor of the PF exchanges that I submitted to www.inq7.net (that site is now gone), I really learned a lot from the almost daily exchange of ideas from many members of the list then.
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Debate on Edsa 2

February 2001

Edsa II was the successful transfer of presidential power from one section of the elite to another by the direct political action of a broad section of the population. Edsa II was by no means radical or revolutionary. Like Edsa I, Edsa II never threatened to overhaul the fundamental socio-economic hierarchies of Philippine society and never threatened to remove control of the Philippine state from the same dominant social strata.

Still Edsa II was a political moment with profound historical significance. What Edsa II evicted was a presidency supported by political dinosaurs, schooled in the comfortable cradle of martial law, accustomed to an uninformed, powerless and malleable citizenry, and given to governance which allowed a robust renaissance of the cronyism, patronage, and demagoguery. a presidency which failed to grasp the nature of its own obsolescence, and which continued to dabble in desperate conspiracies and maneuverings even as the forces of modernization were already literally closing in on it.

-- Raffy Aquino

My reservations about the world "people" and "broad section of the population" is that it is liberally construed to mean each and every Filipino (or even a majority of Filipinos). without being determined by Constitutionally sanctioned means to determine the world "people" (like referendum and general elections). I believe the danger lies in reducing representative democracy to participants in Edsa 2 and in other urban areas.

The logic behind the impeachment court is that since the Constitution will be removing a nationally-elected person out of his office, it should take a nationally-elected body to do it, and this is the reason why the Lower House cannot act as judges before the court, the Senate was the duly constituted authority to handle such cases. But the "people" went out of the streets and said that the Senate cannot do its job. How are we sure that Edsa 2 was the "sovereignty"? We thought it was, but what if it wasn't?

Institutions become weak when they fail to serve their purpose... in the crisis, their purpose was to determine the guilt of the president according to the articles of impeachment... and they were not able to execute this, ergo, institutional failure. The right to assembly is a Constitutional right, but it didn't say that we remove and replace Presidents with assemblies... so the senate compromised the process... okay, so who determines the "truth" now?

-- Poch Bermudez

As for the perception of the international community, I think, with the exception of a few, they have a positive perception with the installation of a new president. Why would representatives of different countries express their support to the administration of GMArroyo if they do not see the legitimacy of the new administration?

-- Jojo delos Reyes

They say history is written by the victors. Gloria Macapagal is in power, and I have no doubt that the best legal minds will be harnessed to give her Presidency every cloak of legitimacy possible. But here is the thing, if something were truly right is it so because of legal statutes and precedents. Is it so because of the ruling of one judge or even a hundred judges - or is something right because it is right, it is self-evident to any and the virtue of the act speaks for itself?

-- Victor Limlingan Jr.

What we have is only a partial victory, victory in a battle -- but not yet the war.

Already, some players of EDSA are acting like spoiled brats or deprived street kids grabbing for the goodies. Too much expectations on gov't give politicians and bureaucrats the reason to raise taxes, transform them into "development funds", line their pockets and just have the left-overs and crumbs trickle down to the masses -- whose leaders, in turn, cry about graft and corruption.

-- Roy Picart