Marawi Conflict and Mindanao Martial Law
To me, the declaration of Martial Law in Mindanao by the President last May 23 in response to the ISIS-inspired Maute group attack in Marawi City and to other attacks in the whole island group in the past months was the firmest response he had to do as the Commander-in-Chief of the AFP under our Constitution. A boldstroke decision that was necessary to restore peace and order in Mindanao that we, the Filipino people must applaud as it will easily contain the rebellion of the ISIS inspired-Maute group. The both Houses of Congress extended Martial Law in Mindanao until December 31, 2017 as requested by the President on July 22 and last July 4, prior to that, the Supreme Court in a landmark decision in the case of Lagman v. Medialdea declared the imposition of Martial Law in Mindanao as constitutional.
Be that as it may however, we, the Filipino people should pray that the implementation of Martial Law in Mindanao would not lead to human rights abuses and if ever there is such, it must be investigated properly and the offenders would be prosecuted before the courts of justice and that the President exercises his Martial Law powers under our Constitution carefully.
Martial Law, in strictest terms under our Constitution is a message of the President that he may call the AFP to assist him in the restoration of peace and order in the entire Philippines or in any part thereof that is under actual rebellion or invasion even if the AFP migh take over governance for a short period of time as Martial Law itself is never intended to be a permanent tool to also resolve social ills even if it serves a signal to citizens to be behaved.
The President may issue orders that having the effect of a law under Martial Law but he must seek first the granting of emergency powers from the both Houses of Congress in order for him to be enabled to do such thing, as the Constitution requires it including the take over temporarily of any privately-owned businesses and the restriction of certain constitutional rights. This has been articulated by Supreme Court Senior Associate Justice Antonio Carpio in his Concurring and Dissenting Opinion in Lagman v. Medialdea.
Due to Martial Law in Mindanao, the rebellion in Marawi was quelled and the city was freed last October 12. And the formal combat operations ended last October 24 even if some soldiers are still doing mopping up operations and the Government is now gearing up for its rehabilitation. For me, the time has come for the President to lift Martial Law as the conflict is now over.
Comments can be submitted to my e-mail:
jamesvelina45@gmail.com
Be that as it may however, we, the Filipino people should pray that the implementation of Martial Law in Mindanao would not lead to human rights abuses and if ever there is such, it must be investigated properly and the offenders would be prosecuted before the courts of justice and that the President exercises his Martial Law powers under our Constitution carefully.
Martial Law, in strictest terms under our Constitution is a message of the President that he may call the AFP to assist him in the restoration of peace and order in the entire Philippines or in any part thereof that is under actual rebellion or invasion even if the AFP migh take over governance for a short period of time as Martial Law itself is never intended to be a permanent tool to also resolve social ills even if it serves a signal to citizens to be behaved.
The President may issue orders that having the effect of a law under Martial Law but he must seek first the granting of emergency powers from the both Houses of Congress in order for him to be enabled to do such thing, as the Constitution requires it including the take over temporarily of any privately-owned businesses and the restriction of certain constitutional rights. This has been articulated by Supreme Court Senior Associate Justice Antonio Carpio in his Concurring and Dissenting Opinion in Lagman v. Medialdea.
Due to Martial Law in Mindanao, the rebellion in Marawi was quelled and the city was freed last October 12. And the formal combat operations ended last October 24 even if some soldiers are still doing mopping up operations and the Government is now gearing up for its rehabilitation. For me, the time has come for the President to lift Martial Law as the conflict is now over.
Comments can be submitted to my e-mail:
jamesvelina45@gmail.com
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