Ricky Poca
What is martial law?
Martial law is declared by the President in his capacity as the commander in chief of the country’s armed forces to suppress rebellion or stop an invasion.
Rebellion occurs when a sector of the community rises up in arms against the government with the sole objective of overthrowing it.
On the other hand, invasion occurs when one country invades another country to occupy and annex it.
Now what is the suspension of the privilege of the writ of habeas corpus?
Remember the writ cannot be suspended, only the privilege that can be suspended. So what is the privilege of habeas corpus?
It basically means a person’s right to question the legality of his or her detention or arrest before the court. If the court finds merit in his/her petition, the person can be released.
Ergo, by suspending said privilege, the government suspends a person’s right to question the legality of his or her detention or arrest.
I raise these points in response to public concern over President Rodrigo Duterte’s declaration of martial law in Mindanao.
The President said he declared martial law on that island region based on information given to him by the military on the extent of the threat posed by the terrorist Maute Group not only in Marawi City but to Mindanao.
President Duterte’s declaration of martial law in Mindanao can always be questioned by the opposition at the Supreme Court.
But I firmly believe that the High Tribunal would favor the President if only one takes into consideration everything that is happening in Marawi City and other parts of Mindanao.
I think the Supreme Court would give the President the benefit of doubt especially since there is no evidence proving there were abuses committed by the military and police during the imposition of martial law in Mindanao.
We are saturated with news about the military’s efforts to neutralize the Maute/Islamic State snipers positioned on top of government buildings and houses and the discovery of millions of pesos from a house abandoned by the terrorist group which showed that they are well funded to wage war and keep out the troops from Marawi City.
Images of dead bodies of both civilians and soldiers and a video showing the Maute Group planning their attack on Marawi City should serve as an effective argument for the President’s case.
Now, should Congress hold a joint session to approve the declaration of martial law of the president?
The Constitution is clear that Congress may hold a joint session to revoke by majority vote the declaration of martial law of the president.
The Constitution is quiet on the approval of the declaration of martial law.
The power of revocation by Congress is part of the principle of checks and balance of Congress on the executive power.
The Constitution also empowers the Supreme Court to review the factual basis of the President’s declaration of martial law.
What is good is that people can always question the President’s action in public whether by holding rallies or dialogues without fear of repression or reprisal from the government.
I think it is best for us to support our government in its war against the Maute/Islamic State group and pray harder for Marawi City’s residents.
Let us also pray for our soldiers who are doing their best to protect the country from these terrorists.
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