Martial Law Further Extension in Mindanao is Unjustifiable!
Today's granting of the majority of the Members of the both Houses of Congress of the President's request to further extend Martial Law in Mindanao for one year, beginning from January 1, 2018 to December 31, 2018 with all due respect, is unjustifiable. Unjustifiable, in a sense that it is quite unconstitutional since the actual rebellion in Mindanao, especially in Marawi City which precepitated the declaration of Martial Law on May 23 and its first extension on July 22 also by the majority of all the Members of the both Houses of Congress had been dissipated already and the task to rehabilitate the city will soon begin to restore its wonderful glory. Remember, actual rebellion is one of the grounds strictly set forth by the Constitution, the highest law of the land in which the President as Commander-in-Chief of the AFP may place the entire Philippines or any part thereof under actual rebellion under Martial Law to quell the said rebellion in the interim or temporarily.
Actual rebellion means real or public armed uprising. Actual rebellion in an area or entire nation led to a breakdown of a duly-elected civilian government of its capacity to restore order on it as well as to govern it, and the inability of regular courts to try and decide cases expeditiously. That is not the case in all of Mindanao perhaps except Marawi City because the civilian governments in the provinces and cities are well in place and functioning properly and the regular courts are active in dispensing justice. So, for me, no need for a further extension of Martial Law.
Threats cannot be used as an excuse for another extension of Martial Law, or to put it other term, imminent danger. If threats or imminent danger is being used as a reason to extend Martial Law, then it is incumbent upon to me hold the AFP and the PNP to for failure to quell any rebellion happening in Mindanao, if there's any, should that be the case.
And the CPP-NPA rebellion cannot be used as an excuse to extend Martial Law as it was in the time of Marcos' as it did not defeat the rebellion. I recommend instead the Magsaysay approach to solve the matter that was used in putting to an end the Huk rebellion of the 1950's successfully. First, the AFP should use guerrilla warfare against the CPP-NPA to level the fighting and second, to initiate policies and programs to solve fully the causes of the rebellion which is poverty, ignorance and inequality, which will take gradually to solve the rebellion, even if for a long time. Military solution cannot solely solve the problem.
The conflict in Mindanao, in fact can be solved without Martial Law. The President has enough ample powers under the Constitution and existing laws to press for its end. And that is quite simple.
It is for these reasons that I am opposing what happened today in the both Houses of Congress. Because Martial Law is not an easy medicine to cure a disease that is hard to be cured or not to be cured in an immediate manner. It is only used as a last resort. Last resort if the two options failed, the calling out the AFP to repel lawless violence and the privilege of the writ of habeas corpus. Ending a rebellion should be step by step.
Comments can be submitted to my e-mail:
jamesvelina45@gmail.com
Actual rebellion means real or public armed uprising. Actual rebellion in an area or entire nation led to a breakdown of a duly-elected civilian government of its capacity to restore order on it as well as to govern it, and the inability of regular courts to try and decide cases expeditiously. That is not the case in all of Mindanao perhaps except Marawi City because the civilian governments in the provinces and cities are well in place and functioning properly and the regular courts are active in dispensing justice. So, for me, no need for a further extension of Martial Law.
Threats cannot be used as an excuse for another extension of Martial Law, or to put it other term, imminent danger. If threats or imminent danger is being used as a reason to extend Martial Law, then it is incumbent upon to me hold the AFP and the PNP to for failure to quell any rebellion happening in Mindanao, if there's any, should that be the case.
And the CPP-NPA rebellion cannot be used as an excuse to extend Martial Law as it was in the time of Marcos' as it did not defeat the rebellion. I recommend instead the Magsaysay approach to solve the matter that was used in putting to an end the Huk rebellion of the 1950's successfully. First, the AFP should use guerrilla warfare against the CPP-NPA to level the fighting and second, to initiate policies and programs to solve fully the causes of the rebellion which is poverty, ignorance and inequality, which will take gradually to solve the rebellion, even if for a long time. Military solution cannot solely solve the problem.
The conflict in Mindanao, in fact can be solved without Martial Law. The President has enough ample powers under the Constitution and existing laws to press for its end. And that is quite simple.
It is for these reasons that I am opposing what happened today in the both Houses of Congress. Because Martial Law is not an easy medicine to cure a disease that is hard to be cured or not to be cured in an immediate manner. It is only used as a last resort. Last resort if the two options failed, the calling out the AFP to repel lawless violence and the privilege of the writ of habeas corpus. Ending a rebellion should be step by step.
Comments can be submitted to my e-mail:
jamesvelina45@gmail.com
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