By Mortz C. Ortigoza
What happens after President
Rodrigo R. Duterte declared at 10 pm last Tuesday Martial Law in the whole of
Mindanao and its islands?
Would Duterte’s pet peeve ABS
CBN TV Network, the critical Philippine Daily Inquirer, and the irritating online
newsmagazine Rappler.com be banned to circulate their news, that regularly
assailed the president, in the islands?
Would teenagers sporting long
hair, just like those rock singers, and beard and those caught in the curfew roaming
after 10 o’clock in the evening and the wee hours automatically arrested and
locked up just like what Dictator Ferdinand Marcos had done in the early and
middle of 1970s after he declared Martial Law in September 23, 1972?
Would this scenario I heard
when I was a wide eyed child in Cotabato happened?
This after Muslim Black Shirts’ rebels (predecessor of the Moro National Liberation Front) massacred an entire Catholic Church’s parishioners, members of the military and the dreaded Ilaga (Christian extremist paramilitary composed mostly of Ilonggos), who want to retaliate tit-for-tat the carnage, flagged every passenger of plying buses, mini-buses, and public utility jeeps and body frisked and searched their belongings for any hidden firearm and asked them the incriminatory question:
This after Muslim Black Shirts’ rebels (predecessor of the Moro National Liberation Front) massacred an entire Catholic Church’s parishioners, members of the military and the dreaded Ilaga (Christian extremist paramilitary composed mostly of Ilonggos), who want to retaliate tit-for-tat the carnage, flagged every passenger of plying buses, mini-buses, and public utility jeeps and body frisked and searched their belongings for any hidden firearm and asked them the incriminatory question:
Ano ang tribu mo (What’s your
tribe)?
Here were the following
answers of the passengers;
Passenger A: Ilonggo ako (with
a real Ilonggo accent and he was given the safety exit).
Passenger B: Cebuano ako (with
a real Cebuano accent and he was given safety exit).
Passenger C: Ilocano ako (with
a real Ilocano accent and he was given the safety exit).
Passenger D: Tagalog ako (with
a real Tagalog accent and he was given the safety exit).
Passenger E: (A Muslim, whose name if I was not wrong was Datu Udtog Ramanam Amin, who was
trembling at the rear seat of the bus retorted to the intimidating query):
Tagalog ako (with a thick Muslim accent that betrays him) and he
was pumped with a bullet on the head.
The same scenarios ensued in other places in Mindanao.
The same scenarios ensued in other places in Mindanao.
That impunity, in the
unlimited power of Marcos’ Martial Law, would not happen after Duterte declared
Military Rule last May 23 unless he skirts off the limitation of the law and
runs the country by usurping the works of Congress and the Supreme Court - just like what Strong Man Marcos had done.
The present power provided by
the 1987 Constitution to a president reigning under Martial Law was bastardized
and emaciated by the members of the Constitutional Commission because they were
still traumatized by the Marcosian Military Edict.
Here’s how limited is the
power of the Commander-in-Chief after he declared the “Strong-Man 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 (Paragraph 5)”.
About our fear that the
president would ban newspapers and shut- down television stations like the
pesky Lopezes owned ABS-CBN TV, the president could not do it since the network
is part of the press freedom, freedom of expression, non-impairment of the
obligation of contract, others as enunciated by the Constitution.
Even the declaration of curfew
hours are still left with legislative assemblies, not the military, like town,
city, and provincial legislative bodies we call Sanggunian.
The target of the president
after he declared military rule is limited only in two offenders who are
involved in rebellion and invasion with a qualification, yes Virginia, with a
qualification of “when the public safety requires it”.
My poser: After the Maute/
ISIS (Islamic State in Iraq and Syria) had been neutralized and on the ran
at the early dawn of March 23, does the barometer of “when the public safety
requires it” not only in Marawi City, where 100 of these malefactors
swooped the city to save a wounded leader Isnilon Totoni Hapilon who
feared capture by State Troopers in the city commercial village Basak Malutlut,
and other parts of Mindanao still applicable?
Aside from those involved in
invasion and rebellion, the Constitutional provision on Martial Law gives limits
to the president.
The president may, for a period not exceeding 60 days,
suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under 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 proclamation or suspension, which
revocation shall not be set aside by the President.
Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension for a
period to be determined by the Congress, if the invasion or rebellion shall
persist and public safety requires it (Paragraph 1).
The Supreme Court may review, in an appropriate
proceeding filed by any Filipino citizen, the sufficiency of the factual basis
of the proclamation of martial law or the suspension of the privilege of the
writ of habeas corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing (Paragraph 4).
Here’s my take:
Since the validity of the Law
needs the approval of Congress who votes in a joint session, for me the
president can get the nod of the solons on his intention since most of the
members there are his allies.
Most of them kowtow to Malacanang because of the “Power of the Pork”. Mawawalan ng S.O.P or
cut ang mga senators and congressmen sa private contractors who do the projects
given in their district by the Palace if they torpedoed Duterte’s declaration
of Martial Law.
But here’s the real McCoy that
could get the goat of Duterte.
Would the members of the Supreme
Court uphold Duterte’s Martial Law after a citizen questioned its
Constitutionality and the High Tribunal decides adversely within 30 days?
The question at bar here is for
the justices to debate and decide:
Does the rebellion persist and public
safety requires it?
Oh by the way, the crime of
rebellion or insurrection is committed by rising publicly and taking arms
against the Government for the purpose of removing from the allegiance to said
Government or its laws, the territory of the Philippine Islands or any part
thereof, of any body of land, naval or other armed forces, depriving the Chief
Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by Republic Act 6968).
MY POSER AGAIN:
Does the Maute/ISIS alliance
of terror in Marawi City possesses the qualification asked by RA 6968 for the
president to declare Martial Law?
DUTERTE DECLARED MARTIAL LAW IN MINDANAO, ANO ANG
MA EXPECT NATIN DITO? ITO BA AY TULAD DIN NG MARCOS MARTIAL LAW O IBANG KLASE
ITO
(You can
read my selected columns at http://mortzortigoza.blogspot.com and articles at
Pangasinan News Aro. You can send comments too at totomortz@yahoo.com)
Yrralin Tan Simple common sense.we gain peace and progress.only those evil doers will get scared in martial rule.
TumugonBurahinLikeShow more reactions · Reply · 1 · 5 hrs
Ronn Lit
Ronn Lit Martial law is Good!
LikeShow more reactions · Reply · 1 · 4 hrs
Manny Mercado
Manny Mercado Discipline. Law and order
LikeShow more reactions · Reply · 4 hrs
Romy Tangonan
Romy Tangonan We need cleansing intire mindanao , billions dollars from ather country to invest in mindanao oara tulongan ang tao sa mindanao mga kabbayan natin , let us help one anather for the progress whole mindanao , first time in history ng pinas mindanao nag karoon ng presidente help digong for the future n hope for our new generation 💕
LikeShow more reactions · Reply · 1 hr
Cam Flores
Cam Flores A prelude to ML visayas & mindanao.
Armando Abatayo To my understanding maute's move in marawi is an act of rebellion against our government. They are filipinos who fought against the forces of our government.
TumugonBurahinLikeShow more reactions · Reply · 2 hrs
Andrianne Taotao Pelias
Andrianne Taotao Pelias Base on Article Vll sec 18 of the 1987 Phil constitution... In case of rebellion or invasion, the President of the Philippines has the right to declare martial law. Yong nangyari sa Marawi, Isa lang yon sa matatawag nA rebellion.
Romy Tangonan We need cleansing intire mindanao , billions dollars from ather country to invest in mindanao oara tulongan ang tao sa mindanao mga kabbayan natin , let us help one anather for the progress whole mindanao , first time in history ng pinas mindanao nag karoon ng presidente help digong for the future n hope for our new generation 💕
TumugonBurahinLikeShow more reactions · Reply · 16 hrs
Cam Flores
Cam Flores A prelude to ML visayas & mindanao.
TumugonBurahinRicardo Brillantes Only congress and the Supreme Court can make the final judgment. We just keep our faith and pray that every decision made by our leaders is for the welfare and freedom of our country.