Duterte issues shoot-to-kill order, authorizes warrantless arrests vs terrorists; writ of habeas corpus suspended

President Duterte is mulling the declaration of martial law in Visayas and the rest of the country if lawless violence and rebellion spill outside Mindanao.

Upon arrival in Manila from his visit to Russia, the President announced the possible expansion of martial law as he vowed to be “harsh” in dealing with Islamic State-linked Maute Group.

Duterte had earlier warned that his brand of martial law will be the same as what the country experienced when it was declared in 1972 by

then President Ferdinand E. Marcos.

“It would not be any different from what President Marcos did,” he stressed in Russia, while preparing to return home.

In his arrival press conference, Duterte said he has already issued a shoot-to-kill order against terrorists as well as authorized warrantless arrests to clamp down on lawless violence in areas covered by martial law.

Curfews in select areas in Mindanao may also be declared. He said curfew may be declared in Lanao del Sur, Lanao del Norte, Maguindanao, Sultan Kudarat, North Cotabato, Zamboanga, Basilan, Tawi-Tawi and Jolo to protect the civilians.

Writ of habeas corpus The President likewise authorized the suspension of the privilege of the writ of habeas corpus in Mindanao during the martial law period.

Arrest and search without warrants as well as more government checkpoints have also been sanctioned by the President.

“If I think the ISIS has already taken foothold also in Luzon and terrorism is not really far behind, I might declare martial law throughout the country to protect the people,” the President said in his remarks.

“Government may consider the covered areas of martial law in the event that members of the Maute Group and other ISIS-affiliated terrorists seek sanctuary or expand their terroristic activities in the Visayas and Mindanao,” said Duterte, who cut his Russia visit short to oversee government operations against the Maute terror group.

Naval blockade

Duterte said he has ordered the military to put naval blockades in areas connecting Visayas and Mindanao to prevent the escape of the terror suspects. He initially said he may expand martial law declaration to include Visayas since it is “walking distance” to the many islands in Mindanao.

“Because of the many islands, they can always escape there and begin another terroristic activity. I have ordered the military, especially the Navy to embargo the islands, specially the sea that separates Mindanao from the Visayas,” he added.

The President had earlier placed Mindanao under martial law for 60 days following the terror activities committed by Islamic State-linked Maute Group in Marawi City, Lanao del Sur. A proclamation on the martial law declaration was signed by the President while in Russia but a copy has not yet been released.

For now, the President said he has authorized the government troops to “spare no one” in hunting down the terror suspects and keeping peace and order in Mindanao.

Duterte also designated Armed Forces Chief of Staff Gen. Eduardo Año as administrator of martial law. He decided to extend the tour of duty of Año for another six months, instead of appointing him as next secretary of the Department of the Interior and Local Government by June.

Arming civilians Duterte also intends to allow the arming of civilians to protect themselves and their families from terror threats.

“Just show your ID or your license, especially your license. I said, pagkanagpatayan, pati civilian, I will allow the civilians to carry their guns outside of their residence. But be sure that it is licensed in your name. And do not falsify anything because you’ll also be detained and investigated,” he said.

He said law-abiding citizens have nothing to worry about the martial law declaration.

“But if you confront government and my orders are one: To enforce the law. And anyone caught possessing a gun and confronting us with violence, my orders are shoot-to-kill,” he said. “I will not hesitate to do it. My human rights is different. It is an institutional theory which we will reserve and observe,” he said.

No abuses He also assured there would be no abuses during the martial law implementation, saying his primary concern is the safety and welfare of the people. “I am not willing to allow abuses. Government is still running. Congress is functioning. The courts are open for citizens to seek their grievance,” he said.

The Department of National Defense (DND) supported President Duterte’s assurance, saying martial law does not suspend the Constitution but authorizes the Armed Forces of the Philippines (AFP) to take over law enforcement operations from the Philippine National Police (PNP) and conduct arrests and searches in accordance with the rule of law and human rights.

With the remedy of habeas corpus unavailable in Mindanao, Duterte said authorities can detain terror suspects for 36 hours.

“It is our constitutional mandate to enforce the law and provide security. It is our constitutional duty to ensure that every family, every community, all Filipinos, are assured to live in peace and harmony. We will stay true to our mandate and duty, this I can assure everyone,” he said.

Duterte also defended his decision to declare martial law in Mindanao, not just Marawi City, because he would not allow the spread of lawless violence.

“It is an open defiance and the violence, the atrocities continue. Government must put an end to this,” he said. “I cannot gamble with ISIS because they are everywhere. And you know what is happening or you must be very aware of what happened in the Middle East,” he added.

He also called for public cooperation to prevent the spread of ISIS threat in the country. He said he is committed to solve the problem of Mindanao once and for all.

“I am appealing to the humanity of everybody, especially those who sow terror: Do not allow the ISIS to come in. I warn you again: Do not do it because as I have said my response would be harsh,” he said.

“I will not hesitate to do anything and everything to protect and preserve the Filipino nation,” he said.

Duterte said martial law will end once the security situation has been stabilized.

The President said he plans to make a written report to Congress to justify the martial law declaration in Mindanao. He also invited Congress leaders to visit Davao to get a briefing about the security situation in Mindanao.

Full alert

In the wake of the martial law declaration, the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) in Mindanao were placed on full alert.

But AFP Public Affairs Office (AFPPAO) chief Marine Colonel Edgard Arevalo assured yesterday that the situation in Marawi City has been stabilized and security forces are in full control of the situation.

Despite this assurance, police forces in Mindanao are working closely with the military to seal off all possible escape routes of the members of the Maute Group, Chief Supt. Dionardo Carlos, PNP spokesman, said.

Police commanders in Mindanao were also ordered to intensify security measures in their respective areas of jurisdiction to prevent the spillover of the attacks in Marawi City.

Carlos said all unit commanders were directed to conduct checkpoints and chokepoints and secure all the vital installations, economic key points, and places of convergence.

“They were also tasked to ensure high state of operational readiness to thwart any hostile action that maybe launched by terror groups,” said Carlos.

Supt. Lemuel Gonda, spokesman of the Northern Mindanao regional police, said they have been under the highest security alert status to ensure that no similar attacks would happen in any part of Northern Mindanao.

Yesterday, the PNP leadership also activated the Crisis Management Committee both at the regional and national level of the police in order to have a clear picture of what is happening on the ground.

In Cebu City, the local government and the local police are on alert following the attack in Marawi City, according to Cebu City Mayor Tomas Osmeña.

In the Western Visayas, both the PNP and the AFP are also on full alert following the Marawi City attack.

Chief Supt. Cesar Hawthorne Binag, director of Police Regional Office (PRO-6), said police forces in the region are in close coordination with the AFP. (With reports from Ben R. Rosario, Francis T. Wakefield, Aaron B. Recuenco, Yas D. Ocampo, Antonio L. Colina IV, Mars W. Mosqueda Jr., and Tara Yap)