HUMAN
RIGHTS
Submitted to
FISCAL BLAIR DURA
Submitted by
MICHEL LOUISE BAJO-GUTIERREZ,RN
Is it proper to declare martial law in the entire Mindanao or do you want it
declared only in the affected areas? Justify your choice.
Tackle:
1. Is it necessary under the circumstances?
2. If your answer is yes, the entire Mindanao or only the affected areas? If
your answer is no, provide what action should the state have done?
On May 23, 2017, President Rodrigo Roa Duterte issued Proclamation 216, placing the
entire island of Mindanao under a state of Martial law amid the ongoing clashes
between government troops and Maute group terrorists in Marawi City on the grounds
of rebellion and the consequent requirement of securing public safety. Groups from the
opposition and administration debated on the validity of this declaration as it
encompasses the entire island despite the reported isolation of resistance only in
Marawi and its adjacent cities and towns. In fact, three petitions were filed before the
Supreme Court to contest its basis and the President’s discretion for that matter. The
SC’s decision however, ruled favorably with the declaration.
Was the declaration of Martial Law in the entire Mindanao proper? I would have to say
Yes, for several reasons. First, geographically, Mindanao is the second largest island in
the Philippines. Its terrains are mountainous and heavily forested. It is also heavily
indented with deep bays and has a large western peninsula. Marawi City is located in
Mindanao and is the capital and largest city of Lanao del Sur. Mountains, rolling hills,
valleys and a large placid lake dominate the city. Due to the strategic topography of
Marawi and Mindanao, it would be very easy to create routes and escape borders. As a
person who lived and governed Davao City for several years, President Duterte highly
considered this possibility as he knows that Mindanao comprises mainly of land
boundaries. Securing the entire island would also control the stability and prevent the
spillover of lawlessness elsewhere. Hence, the declaration to include Mindanao in its
entirety is justifiable.
Second, in declaring Martial law, the President is given the discretion to determine the
circumstances whether it would be fit to declare martial law or not. An Executive is given
a budget annually intended for Peace and Order. With this budget, the President
allocates a specific amount for discretionary/intelligence fund and public safety, among
others. Because of the immediate need to respond upon the ongoing acts of rebellion
in Marawi City, President Duterte has been rightfully given the leeway and flexibility to
act swiftly on the information based on intelligence report funded by the Peace and
Order budget, in order to prevent the outpouring intention of the terrorists to overturn the
Philippine government.
Third, this has been constantly raised in several petitions and debates-REBELLION.
Was the act of the Maute group an act of rebellion or an act of terrorism? These two
terms may be similar but they provide separate and distinct meanings. For one thing,
rebellion has been defined as exercising acts of removing the Philippines or any part
thereof from allegiance to the republic or preventing the President or the Legislature
from exercising their powers and prerogatives. When Martial law was declared,
President Duterte based his decision upon intelligence report. He was not physically
present in Marawi when acts of resistance were made in the city but he was given first
hand information on what was happening in the area. There were reports that flags of
the Islamic State of Iraq and Syria (ISIS) were in place around the city while the
insurgencies were being made. The Maute group, upon reports, also connived with
Isnilon Hapilon, a reported Filipino islamist militant affiliated with ISIS. These factors
serve as basis to equate that, in truth and in fact, rebellion is present aiming to
destabilize the government and negate allegiance to the republic.
Lastly, any President of the Philippines, upon declaration, shall thereafter submit a
report to the Congress within forty-eight (48) hours from the proclamation of martial law
or upon the suspension of the privilege of writ of habeas corpus. The Congress, voting
jointly, shall have the discretion to vote on affirming or revoking the declaration. The
Congress is comprised of the House of Representatives and the Senate. Democracy
and Politics govern these houses. Yet, they are voted by the people to uphold, above
all, the general welfare of their constituents. Thus, their prerogative is highly honored as
they represent the people. Upon the declaration of President Duterte, they voted in
affirming this declaration and the majority even did not hesitate to extend Martial law in
the entire island of Minadanao based on necessity and practicality. The atrocities
resulted in the affirmation of the majority- and that should be well-respected as it stands
by the living principle of Vox populi Vox dei.
