Capitol University

Basic Education Department

POSITION
PAPER
Submitted By: Garay, Lord Justine R.
Submitted To: Ola Casan, Mona Liza B.
 The Extension of Mindanao Martial Law

I. Introduction

Martial laws are rarely too been declared in a state after centuries of war and
civil disorder taught the people, especially their leaders, they never resort to force as
means of resolving internal and external national crisis, may it be for political interests
or for the system ideas of politics. Most states have long tried to abhor the option of
armed intervention ever since the last Word War ended with a humiliating nuclear to
the face of the enemies who dared to assert their own supremacy.

But there are times when some individuals are posing as political figures
clothed with power that could not resist the temptation of inciting conflict for the sake
of securing their hold in their community. What’s worse is that it’s not just their rivals
who are shouting foul: at the end of all this nonsense, the public will eventually suffer
from the forcible autocracy resulting from the quarrels that they have no hand in.

Philippine history tells us of the same story regarding the declaration of Martial
Law, highlighted by one of the longest, wordiest, and most comprehensive Presidential
Proclamations issued: the infamous :1081” of September 21, 1972. Nearly two decades
later, the drafters of the 1987 Constitution, notwithstanding the fact that they retained
the long-frowned presidential power, strived to rectify the advantages available once it
is imposed.

Fast forward to 2017, the Proclamation No. 216 on May 23, 2017 issued by the
current Philippine President Rodrigo Duterte .To have the proclamation of martial
law and suspension of the privilege of the writ of habeas corpus in the whole
of Mindanao in response to a burst of militant activity. Islamic State-linked militants had
taken full control of Marawi City in Mindanao in order to maintain the peace of the land
of Mindanao.
 The Battle of Marawi ended in October last year, yet in Mindanao are still
under martial law. For Moros, it is something that brings back the horrors of the
imposition of Martial Law in 1972, when widespread violations of Moros’ human rights
took place and truly traumatized our Muslim communities. Now martial law is in effect
again, covering only Mindanao this time, declared by the current government to contain
and prosecute the terrorist groups supported by the Islamic State.

II. Main Discussion

On the day July 23, 2017, the people of the congress voted in order to give
extension to Proclamation Order No. 216 during a special joint session of the House of
Representatives and the Senate. This extension was valid until December 31, 2017 in
favor of the President Rodrigo Duterte's request. The lawmakers voted 261-18 with no
abstention among those present. The majority number required for the approval of
martial law is at 158 of the 314 members of Congress. Under the Constitution, the
President can declare martial law for an initial period of 60 days and ask for its
extension in case of rebellion, invasion or when public safety requires.

On December 13, 2017, According to the Supreme Court of the Philippines, a

joint session of the House of Representatives and the Senate was held in order to
respond the request of President Rodrigo Duterte, to extend the declaration of martial
law in Mindanao until Decenber 31, 2018. President Duterte’s letter to the congress
cited the remaining threats of ISIS-inspired terrorist groups and resulted with the vote
of 240-27 in favor of the second extension.

There were four petitions filed before the Philippine Supreme Court
questioning the year-long extension of martial law in Mindanao. Among the petitioners
were one of the framers of the 1987 Philippine Constitution Christian Monsod, a former
Commission on Elections chairperson, and opposition lawmakers. Petitioners contended
that the extension lacked factual basis, citing government reports that Marawi City had
been liberated.
 According to Defense Secretary Delfin Lorenzana had earlier recommended the
lifting of martial law in Mindanao, citing the assessment of police and military officials.
Interior Secretary Eduardo Año and police officials said there is no need to extend
martial law due to improving security situation in the region. Security officials also cited
the significant drop in the crime rate in strategic areas and the weakening of Abu
Sayyaf bandits and other terrorist groups with the neutralization of their leaders and
surrender of their members amid relentless military operations. Martial law in Mindanao,
which was declared in October 2017 after Maute militants attacked Marawi, has been
extended thrice. The third extension will expire on Dec. 31. Sen. Christopher “Bong” Go
said another extension is unlikely in view of Lorenzana’s recommendation. Go said
martial law need not be extended if the proposed Human Security Act becomes a law.
“Baka pumasa naman po ito sa Senado. I am a member of the committee on national
defense. Pinag-uusapan namin ito,” he said.

But On December 5, 2017, the Supreme Court voted 10-3-1 upholding the
implementation of martial law in Mindanao, with Supreme Court Justice Noel Tijam
saying that the extension was necessary because of persisting rebellion. Dissenting
opinion by Supreme Court Associate Justice Marvic Leonen stated that the re-extension
of martial law "enables the rise of an emboldened authoritarian."

Since other radical Islamic groups allied with the Maute were active in other
parts of Mindanao, it was decided that the whole region be placed under martial law.
The siege of Marawi was declared over on October 23, five months after it began, but
martial law was extended to December, 2017. It was further extended to December,
2018, and again to December, 2019, just to make sure. Secretary Lorenzana now says
there is no further need to extend it , based on assessments made by the military as
well as the police. the one that is in force today.

The new Constitution retains martial law but without the extensive powers it
once had, and Congress has to review and approve it as well as any extension.
President Gloria Macapagal Arroyo used it in 2009 to effect the immediate arrest even
without warrants of suspects in the massacre of 57 victims in Maguindanao, including
30 journalists. Then it was proclaimed by President Duterte right after the Marawi siege
of 2017 and extended three times. This month, before the year ends, Congress would
have to approve any new extension, but Secretary Lorenzana has decided, in
consultation with the military and the police and very likely in talks with President
Duterte himself, that there is no further need for martial law.

III. Conclusion

The 17th Congress on Wednesday, December 12, approved the request of

President Rodrigo Duterte to extend martial law in Mindanao for another year, or until
the end of 2019. With the approved request, Mindanao would be under martial law for
a total of over two and a half years, or from May 23, 2017, to December 31, 2019 –
nearly half of Duterte's term. He cited the New People’s Army, terrorist groups such as
the Abu Sayyaf Group, the Bangsamoro Islamic Freedom Fighters, Daulah Islamiyah
(DI), and other terrorists “which seek to promote global rebellion.” Duterte said a
further extension “will enable the AFP, the PNP, and all other law enforcement agencies
to finally put an end to the ongoing rebellion in Mindanao and continue to prevent the
same from escalating in other parts of the country.” Some Mindanaoan governors and
mayors previously backed the recommendation of the AFP and PNP for a third martial
law extension, especially in light of the plebiscite in January 2019 and the May
elections. Marawi civic leader Samira Gutoc Tomawis and the Movement Against
Tyranny-Northern Mindanao are against it, citing the human rights violations that
persist under the Mindanao martial law.