What can happen under martial law?

Four days after President Duterte warned destabilizers “not to force my hand to declare martial law,” the inevitable happened before midnight Wednesday while the Chief Executive was on an official visit to Russia. Duterte’s declaration fulfilled an oftenrepeated promise to impose martial law to combat the IS (Islamic State)-linked militants, whom he has said are a growing threat to national security.

Duterte acted after security forces on Tuesday battled dozens of gunmen in Marawi, a city of about 200,000 people. One policeman and two soldiers died in the fighting and scores were reportedly wounded, authorities said.

But what can happen under martial law?

Martial law allows the President to “call out the armed forces to prevent or suppress lawless violence, invasion or rebellion,” according to the Constitution.

Defense Secretary Delfin Lorenzana said security forces would be able to arrest suspected militants and hold them for three days without charge.

Critics fear martial law will provide security forces cover to carry out human rights abuses, citing the experience under former President Ferdinand Marcos.

Duterte said Wednesday his version of martial law would be “harsh”

and similar to that under Marcos.

The Constitution, however, limits martial law to 60 days unless Congress agrees to extend it. Duterte warned Wednesday it could last for a year.

Duterte is the third president to declare martial law following Marcos’ national declaration in 1972, and former President Gloria Macapagal Arroyo for Mindanao in 2009.

Provision against abuse Presidential Peace Adviser Jess Dureza in an interview yesterday assured the public that there is no need to worry as there are provisions in the 1987 Philippine Constitution that prevent abuse from happening.

Chief Presidential Legal Counsel Salvador Panelo said 48 hours after declaring martial law in Mindanao, Duterte should submit a report in person or in writing to Congress.

The declaration should be affirmed by Congress and should even be reviewed by the Supreme Court in an “appropriate proceeding filed by any citizen.”

Congress has the power to revoke the proclamation by a joint vote of at least a majority of all members of both the Senate and House of Representatives.

Duterte cannot overrule the decision of the Congress if it decides to revoke the proclamation, Panelo said.

Conversely, Congress can also extend the period of martial law beyond 60 days if the President requests for it or if public safety requires it.

But the state of martial law does not automatically suspend the privilege of the writ of habeas corpus as it only applies to “persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.”

During the suspension of the privilege, those arrested or detained shall be judicially charged within three days or they would be released.

A state of martial law also does not suspend the operation of the Constitution, nor the function of the civil courts or legislative assemblies.

It also does not 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. (With a report from AFP)