POLICE and military officials on Thursday reminded their troops to respect human rights and the rule of law as they implement martial law in Mindanao.
“The objective and goal [of martial law] is for the benefit of the people in Mindanao particularly Marawi City. The guidelines to our forces is not to abuse the rights of the citizenry,” said Philippine National Police spokesman Chief Supt. Dionardo Carlos.
Chief Insp. Jose Najera, PNP legal officer, said under the guidelines, the police and military can make arrests without a warrant when the person to be arrested has committed or is actually committing a crime. The arrested person should be charged within three days of his arrest or be released, he added.
Civilians cannot be tried in a military court, and arrested civilians still have the right to post bail for his temporary liberty, he said.
Police officers must at all times respect human rights and the dignity of a suspect, he added.
Defense Secretary Delfin Lorenzana, for his part, said the department has issued guidelines to the Armed Forces of the Philippines for areas covered by martial law.
“There will always be a triumvirate of leadership,” Lorenzana said. “The ground commander will work closely with governor or mayor as well as regional director of the police. So there will always be the presence of the three,” Lorenzana said.
“”They must always be present to make sure that the law is always carried out precisely,” Lorenzana said, citing specifically the need to safeguard basic human rights.
Justice Secretary Vitaliano Aguirre II, meanwhile, challenged those opposing the decision of the President to declare martial law to question its legality before the Supreme Court.
Aguirre said the President was in possession of information and reports that are not known to ordinary citizens, and this could have been used as the basis for declaring martial law in Mindanao.
“The proclamation is in accordance with the Constitution and necessary to avoid the dismemberment of our nation,” Aguirre said.
Under the 1987 Constitution, the President has the authority to declare martial in any part of the country or the entire country for a period of 60 days but Congress, voting jointly, may revoke or extend the proclamation.
The Supreme Court, on the other hand, can invalidate the declaration within 30 days after a petition challenging its legality is filed.
Aguirre said those who oppose Duterte’s decision are doing so since “they view it as an obstacle to their own agenda.” He did not elaborate.
On Wednesday evening, Philippine Muslim Society lawyer Jamal Latiph told CNN Philippines that his group is planning to go to the Supreme Court to oppose the declaration of martial law.
“We feel there is no basis. We feel he must first do the traditional approach rather than doing martial law. That is the last resort,” Latiph said.
A group called “iDEFEND” condemned the declaration of martial law in Mindanao.
Rose Trajano, convenor of the group, also called on Congress to revoke the declaration of martial law, saying the clashes in Marawi City were triggered by a law enforcement operation.
Nonetheless, the group also condemned the violence perpetrated by the Maute group to advance their political interest, saying that attacks on the civilian population violated their human rights and international humanitarian law on armed conflict.
“Martial law adversely affects civilians as this would curtail many of their rights. Without martial law, the military has engaged and fought terrorist groups in Mindanao and can continue to do so as their obligation and mandate,” the group said.
The group added that the current situation in Marawi City did not constitute sufficient factual basis for the declaration of martial law.
But the Integrated Bar of the Philippins, the national association of lawyers, said Duterte’s declaration was within the powers of the Chief Executive under the 1987 Constitution.
“In view of what has happened in Marawi City, the imminent danger of the escalations spread of the hostilities to other parts of Mindanao, and the existence of other terrorist groups operating in Mindanao that can take advantage of the unrest and cause criminal acts and disorder, the national leadership of the IBP sees no reason to question the declaration at this time,” the IBP said.
Duterte declared martial law in Mindanao on May 23 following the clashes between government forces and the Maute group.
Chief presidential legal counsel Salvador Panelo said the public should not worry about martial law.
“The public should not be alarmed by the President’s proclamation because the Constitution itself provides ample safeguards to ensure the responsible implementation of martial law,” Panelo said.
First, he pointed out that the proclamation of martial law is limited to a period of 60 days.
Panelo said that in case rebellion or invasion persists and public safety requires it, any extension would be subject to the approval of Congress, voting jointly, by a vote of at least a majority of all its members.
Second, Congress and the Supreme Court have the power to revoke the proclamation of martial law.
As provided in the Constitution, Duterte is required to submit a report to Congress within 48 hours from the proclamation of martial law.
Congress, voting jointly, can revoke the proclamation by a vote of at least a majority of its members.
“The President cannot set aside the revocation,” Panelo pointed out.
Also, any citizen may require the Supreme Court to review the declaration of martial law in an appropriate proceeding, and the Court is required to decide the case in 30 days.
“To be clear, it is provided in the Constitution 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,” Panelo said. “The Constitution also does not authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.”
“Given the safeguards provided by the Constitution, and the President’s pure intention to do everything within his power to maintain peace and order and ensure the safety of the public, there should be no reason for the public to be anxious about the proclamation of martial law,” Panelo said.
He also said the President was justified in proclaiming martial law in Mindanao under the present circumstances.
Also on Thursday, Health Secretary Paulyn Jean Rosell-Ubial said the department will continue to operate all its hospitals throughout Mindanao and treat all those injured in the ongoing fighting in Marawi City.
She said all DoH-retained hospitals are fully operational in the entire Mindanao region and are redoubling efforts to address any crisis that may be experienced.
“We are confident that our hospital personnel possess the necessary competence to carry out immediate measures, facilitate recovery efforts, and reduce the impact of any emergency that may arise,” said Ubial. With Macon Ramos-Araneta
