EDITORIAL

Twice in his first 11 months in office, President Rodrigo Duterte has leaned on his powers as commander-in-chief to address a terrorist threat.

Eight months before his declaration late Tuesday night of martial law in Mindanao, the President declared a state of lawlessness after an explosion in a night market killed 14 people and hurt more than 60 others in Davao City. That earlier declaration covered the whole country. His declaration of martial law covers all of Mindanao, although the President said yesterday afternoon that he was also considering the idea of expanding it to the Visayas.

Before the anxiety builds further, let’s remind ourselves that—thanks to our experience with martial law under Ferdinand Marcos—the 1987 Constitution contains clear safeguards on the President’s use of his powers. He cannot suspend the privilege of the writ of habeas corpus or declare martial law—which are separate actions—unless “there is an actual existence of invasion or rebellion.” In the 1935 and 1973 Constitutions, “imminent danger of invasion or rebellion” were both enough for the exercise of these powers. Not so in the 1987 Constitution.

And his declaration of martial law cannot last for longer than 60 days, unless he asks for an extension and Congress approves.

The prudent thing to do for now is to await President Duterte’s report to Congress. Why did he declare martial law in all of Mindanao, when the situation appears localized in Lanao del Sur’s capital city of Marawi? The main site of the conflict, according to the initial reports, was a barangay with nearly 3,000 residents, where the military went last Tuesday afternoon in search of “high-value targets.”

That’s one of the details we hope Congress, to whom the President is required to report within 48 hours of his declaration, will help clarify.

The reports from Marawi—civilians fleeing from the gunfire, a public hospital being taken over by the Maute Group, their city hall occupied, power getting cut off, and hostages held—are worrisome. Outside of Marawi City, uncertainty or anxiety is to be expected while residents try to figure out how the declaration of martial law will change their daily lives. Expect curfews and checkpoints, Defense Secretary Delfin Lorenzana said in Tuesday night’s televised press briefing. Is that all?

Citizens will support decisive action to end the crisis in Marawi. But a fuller explanation from President Duterte and his top advisers will be critical in helping ease uncertainty. So will avoiding vague statements about expanding the declaration to the Visayas.