ESTERIA, MARIANNE ANGELINE S.

LEGAL RESEARCH - 1Q

Extension of the Declaration of Martial Law and the

Suspension of the Privilege of Writ of Habeas Corpus

President Rodrigo Duterte issued Proclamation No. 216, effective on May 23,
2017 and not exceeding 60 days, declaring a state of martial law and suspending the
privilege of the writ of habeas corpus in the entire Mindanao.

On May 25, 2017, within the timeline set by Section 18, Article VII of the
Constitution, the President submitted a written Report on the factual basis of
Proclamation No. 216. The Report included the progression and worsening of rebellion
and lawless violence in Mindanao. The Report also pointed out how crucial Marawi City
is for Mindanao and the Philippines as a whole when tragic repercussions are felt once
the city falls on the hands of the lawless groups.

After the submission of the Report, the Senate and House of Representatives
found no reason to revoke the Proclamation No. 216, hence they supported it and found
that it is satisfactory, constitutional, and in accordance with the law.

Several petitions were filed in order to nullify Proclamation No. 216 due to lack of
sufficient factual basis. However, these petitions were dismissed and the Court upheld
Proclamation No. 216 as constitutional since the factual bases presented to the
President during the timeline covered by his decision-making were found to be sufficient
that there is an actual invasion or rebellion and public safety requires such
proclamation.

July 22, 2017 marks the expiration of the declaration of martial law and the
suspension of the privilege of writ of habeas corpus. But hours before the expiration of
the proclamation, both the Senate and the House of Representatives granted the
extension of the proclamation up to December 31, 2017. 261 lawmakers voted for the
extension and 18 voted against it.

In the timeline of the declaration of martial law and the suspension of the
privilege of writ of habeas corpus, the palace released a statement a month after the
proclamation. According to a news article, “Presidential spokesperson Ernesto Abella
said martial law helped prevent extremists from establishing a “wilayat” in Mindanao.”1
In a span of a month, the palace said that martial law was a success.

Eastern Mindanao Command deputy commander and Mindanao martial law

spokesperson Brig. Gen. Gilbert Gapay noted that the military was able to

1 Macas, T. (2017, June 23). Palace, AFP say Martial law in Mindanao 'successful' in containing Marawi
crisis. GMA News Online. Retrieved from http://www.gmanetwork.com/news/news/nation/615702/martial-
law-in-mindanao-successful-in-containing-marawi-crisis/story/
 prevent the Marawi crisis from spilling over to other areas, mainly because of the
checkpoints and curfews implemented as part of martial law. 2

At this point, the palace assured the public that the implementation of martial law
has been a big help in containing the worse effects that might happen if the extremists
group can still easily access all points of entry in the surrounding areas. The statistics
also shows that “at least 280 suspected terrorists have been killed since clashes
erupted a month ago. The government has lost 69 of its men while 26 civilians have
died.”3 The greater number of casualties comes from the side of the terrorists. However,
the number of casualties from the side of the civilians could not be neglected that is why
some critics pointed out that “the martial law declaration has resulted in abuses like
forcible evacuation, indiscriminate bombardment and destruction of properties.”4
Despite the success reported, critics still neglect the fact that there are innocent lives
being sacrificed and are affected by this.

Even though reports on the success of martial law, the proclamation is still under
criticisms. “A month after President Rodrigo Duterte placed Mindanao under martial law
and suspended the privilege of the writ of habeas corpus, Mindanao is a mess with no
end in sight to its problems with terrorism, analysts said.”5 Critics view that Mindanao is
still far from being freed from terrorism despite the existence of martial law. Because of
this, different protests were staged against the declaration of martial law given the fact
that innocent lives are being sacrificed in the process and also due to lingering issues
that despite the existence of martial law, Mindanao is still faced with terrorism and
violence.

In line with the extension of Proclamation No. 26, 18 members of the Congress
voted against it. One of the members who voted against the extension is Senate
Minority Leader Franklin Drilon.

If we shirk from our role as the supreme policy-making body and allow, without
any basis, the extension of martial law in the entire Mindanao, tomorrow we will
wake up with martial law being declared in the entire country, under the
justification of an existing rebellion in Marawi City and the threat, however
remote, of rebellious activity spilling over other parts of the country. 6

2 Macas, T. (2017, June 23). Palace, AFP say Martial law in Mindanao 'successful' in containing Marawi
crisis. GMA News Online. Retrieved from http://www.gmanetwork.com/news/news/nation/615702/martial-
law-in-mindanao-successful-in-containing-marawi-crisis/story/
3 Placido, D. (2017, June 23). One month after, Palace says martial law a success. ABS CBN News.

Retrieved from http://news.abs-cbn.com/news/06/23/17/one-month-after-palace-says-martial-law-a-

success
4 Romero, A. (2017, June 24). Martial law in Mindanao a success – Palace. The Philippine Star. Retrieved

from http://www.philstar.com/headlines/2017/06/24/1713079/martial-law-mindanao-success-palace
5 Cruz, R. (2017, June 24). Mindanao a mess despite martial law, analysts say. ABS CBN News.

Retrieved http://news.abs-cbn.com/focus/06/23/17/mindanao-a-mess-despite-martial-law-analysts-say
6 Rappler.com. (2017, July 23). Congress a 'mere echo chamber' after martial law extension – Drilon.

Rappler. Retrieved from https://www.rappler.com/nation/176410-full-text-martial-law-extension-vote-

franklin-drilon
 I do not agree with what Mr. Drilon said. The critics of President Duterte’s
proclamation even acknowledged that Mindanao is still far from being violent-free;
hence there are still threats of terror in the area that is why the extension is much
needed.

At least three areas in Mindanao are “under threat” of new terror attacks, Senate
Majority Leader Vicente “Tito” Sotto III disclosed on Wednesday.

Sotto said they were informed about these new terror plots in the region in a
hastily called meeting convened by President Rodrigo Duterte in Malacanang
Tuesday.7

This threat was made known days after the approval of the extension of martial
law and the suspension of the privilege of writ of habeas corpus. It is evident that the
extension of martial law has a basis since rebellion is still on site and there is still a
threat against public safety which requires the power of the proclamation. “Duterte
bares new ISIS threat in Mindanao; 20,000 more soldiers needed – senators”8

Also, Mr. Drilon’s argument of the threat that we may wake up one day the whole
country is already under martial law is just hypothetical and has no factual basis.
Declaring martial law in the entire Mindanao does not necessarily entail or lead to the
declaration over the entire country. Also, the suspension of the privilege of writ of
habeas corpus only applies to the people who committed or involved in the rebellion.
The civilians and innocent citizens are not subjected to search without warrant, so it is
assured that the citizens can still freely exercise their rights.

Ensuring that peace is restored in Mindanao and that public safety is protected is
not only a battle for the military but for all of us. It is a battle that we must win at
all costs because we cannot afford more lives and properties destroyed. We will
not let terrorist groups take hold of our territory in order to establish their own
province and perpetuate crimes, instill fear among our citizens and disrupt our
orderly lives.9

These rebel groups have a goal of dividing our nation. We shall not let them win
by causing more factions in our society. We shall trust the decision of the President
since he is the one who has a vast knowledge of what really is happening and on the
threats that are pressing the region of Mindanao. As long as the military force and the

7 Ager, M. (2017, August 2). Duterte warns of new terror attacks in 3 Mindanao areas — Sotto.
Inquirer.net. Retrieved from http://newsinfo.inquirer.net/919585/duterte-warning-of-new-terror-attacks-in-
mindanao-sotto
8 CNN Philippines Staff. (2017, August 2). Duterte bares new ISIS threat in Mindanao; 20,000 more

soldiers needed – senators. CNN Philippines. Retrieved http://cnnphilippines.com/news/2017/07/14/2018-

budget-D
9 Rappler.com. (2017, July 23). Restoring peace in Mindanao a battle for all Filipinos – Tugna. Rappler.

Retrieved from https://www.rappler.com/nation/176417-full-text-martial-law-extension-vote-sherwin-tugna

authorities are acting in good faith and in accordance with Proclamation No. 26 and
doing everything they can in order to minimize, if not eradicate, the number of casualties
in the part of the civilians while in the battle, then the extension of the proclamation can
be rendered.

I agree with the approval of the extension of martial law and suspension of the
privilege of writ of habeas corpus in the entire Mindanao.