Martial Law: what you need to know
On Tuesday night, President Rodrigo R. Duterte, who was in a state visit in Russia, declared Martial Law following the attacks of Maute, a local terrorist group, in Marawi City.
Martial Law left a bad taste to Filipinos after President Ferdinand E. Marcos declared it back in 1972. However, in the 1987 Constitution some safeguards are in place to ensure that what happened during the Marcos era will not happen again.
To help us fully understand what the declaration of Martial Law means, SunStar Davao looked into Section 18 of the 1987 Constitution.
WHEN IS MARTIAL LAW DECLARED?
In case of an invasion or rebellion, when the public safety requires it, The President may suspend the privilege of the writ of habeas corpus or place the country or any part of it under martial law.
WHAT IMMEDIATELY HAPPENS AFTER THE PRESIDENT DECLARES MARTIAL LAW?
Within 48 hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such suspension or proclamation, which revocation shall not be set aside by the President. The Congress, if not in session, shall, within 24 hours following such proclamation, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the suspension of the writ of habeas corpus or proclamation of martial law or its extension and must promulgate its decision thereon within thirty days from its filing.
HOW LONG WILL THE MARTIAL LAW BE?
Once the President suspend the privilege of the writ of habeas corpus or places the country or any part of the Philippines under martial law, it shall not exceed 60 days. However, according to the constitution, upon the initiative of the President, the Congress may, in the same manner, extend the duration of Martial Law or suspension of the privilege of the writ of habeas corpus for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
WHAT HAPPENS DURING MARTIAL LAW?
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor 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 of habeas corpus. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released