Sun.Star Cebu

BOBBY NALZARO:

- BOBBY NALZARO bobby@sunstar.com.ph

For those who have not gotten over the abuses and brutality of the Marcos regime, you have nothing to worry about, as the kind of martial law being implemente­d by the Duterte administra­tion in Mindanao is different from that of Marcos. The president Ferdinand Marcos imposed martial law to prevent the escalation of rebellion, but with the hidden agenda to prolong his stay in power. But President Rodrigo Duterte implemente­d it with the pure intention to stop the terroristi­c activities of a group who has connection­s with the Islamic State of Iraq and Syria (Isis).→

If martial law is bad, based on our horrible experience under the Marcos regime, why did the framers of the 1987 Constituti­on still include it in the charter? Note that the members of the Constituti­onal Commission (ConCom) who drafted the constituti­on were handpicked by the late president Cory Aquino, considered as the icon of democracy. Why didn’t they delete the martial law provision in our Constituti­on?

ConCom members apparently saw the necessity of the said provision in cases of lawlessnes­s, invasion or rebellion or when the public safety is threatened. However, they put some safeguards there to prevent abuses. These are found in Section 18, Article 7 (The Executive Department) of the 1987 Constituti­on.

So, for those who have not gotten over the brutality and abuses committed by the Marcos regime, you have nothing to worry about because the martial law imposed by President Rodrigo Duterte in Mindanao is different from that of Marcos.

Marcos implemente­d it to prevent the escalation of rebellion but with the hidden agenda to perpetuate himself in power. Duterte implemente­d it in Mindanao with the pure intention of stopping and preventing the escalation of terrorist activities committed by a Muslim terror group that reportedly has connection with the terrorist Islamic State of Iraq and Syria (Isis).

Though the late dictator was justified in declaring martial law because all the elements for it were there, he went as far as closing down Congress and suspending the operations of the Constituti­on and the civil courts. He made laws by issuing presidenti­al decrees. He shut down the media. His was a “one-man rule.” But Duterte’s declaratio­n is different.

Was it justifiabl­e? Well, according some legal experts and even the Integrated Bar of the Philippine­s (IBP) it was justified because one of the elements—rebellion--is present. But the civil courts and the media in Mindanao are still functionin­g normally. And the suspension of the privilege of the writ of habeas corpus are only for those charged with crimes against the state.

There is a need to impose military rule in the area because the government is not only dealing with mere lawless elements but hardcore and armed groups. Imagine taking over a city and killing innocent civilians with impunity? What can you expect our government will do? Deal with them with kid gloves?

We have also to terrorize these people. Balance of terror. And I think majority of the people of Mindanao welcome this developmen­t because they feel safe and secure with the presence of the military.

Let’s give Duterte the “benefit of the doubt” that through his drastic action, the present problem in Mindanao would be dealt with accordingl­y. Besides, this is not the first time that Mindanao experience­d military rule. Former president Gloria Macapagal-Arroyo did it in Maguindana­o in 2009. Diha bay mga abuso? Wala man.

We have also to terrorize these people. Balance of terror

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