Martial law was declared by Pres. Marcos because of rebellion by the communist party while Arroyo's reason was because of the influential and feared Ampatuan clan killed political competitors and several jourmalist known to be as the 'Maguindanao Massacre'.
President Duterte's martial law proclamation was announced hours later when the Maute terrorist group burned down buildings in Marawi City last Tuesday while he was still in Moscow, Russia for an official visit.
The current presidents reason are no difference from the previous leaders'. Due to the lawless violence and attacks by the Maute terrorist group, a local militant group who seeks attention and acknowledgement from the Islamic State in Iraq and Syrira (ISIS), the president proclaimed martial law through Malacañang Palace spokesperson Ernesto Abella.
"In order to suppress lawless violence and rebellion and for public safety, it is necessary to declare martial law in the entire island of Mindanao, including Sulu, Jolo and Tawi-Tawi for a period of 60 days," Abella stated.
But what does the 1987 Constitution says about martial law?
Article VII, Section 18 of 1987 Constitution:
"The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight 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.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any 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.
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.
The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
during the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."
Martial Law in Mindanao
Also, the Philippine National Police also issued guidelines coming from the president for the the entire Mindanao.
Do’s during martial law:
All PNP personnel shall at all time respect the human rights and dignity of the suspect;
Shall strictly observe the Police Operational Procedure;
Shall stringently follow the provisions of Republic Act No. 7438, or the “Rights of Persons Arrested, Detained or under Custodial Investigation”; and
Shall strictly obey the provisions of Republic Act No. 9745, or the Anti-Torture Act of 2009
Don’ts during martial law:
The police and military personnel cannot effect warrantless arrests outside the circumstances provided under Section 5, Rule 113 of the Rules of Court;
No arrested/detained person should be charged beyond the period of three days. After the lapse of three-day period the detained/arrested person shall be released;
Civilians cannot be tried in military tribunals. The declaration martial law does not suspend the functioning of the civil courts and the legislative assemblies;
No violations of constitutional rights of a person. The constitutional guarantees under the bill of rights remain to be operative and continue to accord the people of its mandate of protection;
No violations of the basic rights of the people/citizens;
The declaration does not impair the right to bail; and
Implementation cannot be extended for more than 60 days unless extended by Congress upon the initiative of the President.
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