By Jovee Marie N. dela Cruz & Rene Acosta
The leader of the House of Representatives has assured the public that President Duterte will not push through with his recent pronouncement that he will declare martial law.
Speaker Pantaleon D. Alvarez, an administration ally, issued the assurance after Duterte, for the second time in a span of six months, said he will declare martial law if the drug situation in the country worsens.
“I know him personally, and I sincerely believe he will not declare martial law,” Alvarez said.
Article VII, Section 18 of the 1987 Constitution has laid down very strict requirements before martial law can be declared by the President. The provision is clear: Martial law can only be declared in cases of invasion or rebellion, and only when public safety demands.
Moreover, Alvarez said Duterte, as a lawyer, is well aware of the legal requirements, as well as limitations, regarding such a declaration.
“That is why, I believe all the apprehension about the prospect of declaration of martial law is largely unfounded,” Alvarez added.
Exasperated
National Police chief Director General Ronald M. de la Rosa said he believed that the Commander in Chief was forced to reissue his statement about martial law in exasperation over the prevailing crime and security situation, highlighted by the illegal-drugs problem and the plague of terrorism in the South.
“By all means, we will support the President if he declares martial law. So long as I am the chief of the PNP, I will do everything so that it will not be abused,” dela Rosa said in a news briefing earlier this week.
“He [Duterte] said it because of frustration, apparently because of the situation—in anger—but I doubt if he would do it. But if ever he will do that option, that option is left to the Chief Executive, and we will support him,” the top police officer added.
Clapping
At Camp Aguinaldo, reactions from soldiers, however, vary.
“Let them do the clapping, let them have the limelight, and we will silently work doing our fair share,” one senior officer said, referring to dela Rosa’s readily available offer of support to the iron-fisted rule and the military’s ongoing campaign against terrorism in Mindanao.
As Duterte has declared, if he has to put the country under martial rule, terrorism—or the activities perpetrated by the different terror groups like the Maute, Abu Sayyaf Group (ASG), Ansar al Khilafa Philippines and the Bangsamoro Islamic Freedom Fighters—and the need to decimate these groups have to be the primary reasons.
The President has brought the issue of martial law as a stronger or the toughest measure in dealing with terrorism, first, even before the bombing in Davao City in September last year, which killed 15 people and wounded at least 70 others.
Duterte had talked about the harsh enforcement of the law in response to the successive beheadings of two Canadian kidnap victims by the ASG.
Presidential prerogative
Putting the country under martial law is purely a decision of the Executive department, the military believed, and as an institution directly under and led by no less than the Commander in Chief, it will follow.
“It’s a political decision,” military spokesman Brig. Gen. Restituto C. Padilla said early this week.
“He [Duterte] also mentioned that if he needs and if he has to, he may recourse [for] an action in order to save or help our country. So it is a decision that will be entirely by our political leader based on the route of information and the circumstances that he will face. So we cannot [second] guess him and we cannot know whatever it is that he may have right now that we may not even know,” he added.
Pressed further and even on their recommendation, Padilla stuck to their line that the declaration of martial law is solely a political decision, but added, “right now, we are not recommending any kind of military martial rule, if you may call it that.”
“Right now, we are able to operate and catch all the people who have been perpetrating violence, and we are operating within the bounds of law. So currently, we are able to accomplish our mission without the complexity of needing to have any kind of special rule applied,” he added.
Consistent
The House Speaker said he believes the recent pronouncement of Duterte on the possible declaration of martial law is consistent with the Chief Executive’s style of issuing dramatic statements to stress his message.
“That statement merely shows President Duterte’s resolve to end the scourge of illegal drugs in the country,” Alvarez said.
He added that even if his critics take the President seriously, it is far-fetched for him to declare martial law, because the administration is clearly gaining headway in its war against illegal drugs.
“Alam mo nagtataka talaga ako bakit gustong-gusto nating pag-usapan ’yung martial law. Gusto ba talaga natin ng martial law? Kasi sa tingin ko naman ’yung statement nung Presidente, ang liwa-liwanag naman: If. Parang kanta lang ’yan: If a picture paints a thousand words…na imposibleng mangyari, malayong mangyari. So huwag na nating pag-usapan. Unless interesado tayong magkaroon ng martial law, di pag-usapan natin,” he said.
“Sinabi niyang if, ’di ba? Maybe it was done out of frustration. ’Yung pag, if kasi andaming ano, malayo pang mangyari ’yan, eh,” he added.
Preconditions
For his part, party-list Rep. Tomasito S. Villarin of Akbayan, a member of the minority bloc, asked Duterte to stop issuing threats about declaring martial law.
“It would not help the public to see through his policies. The police are saying they have been successful in the war against drugs, [so] what drives him to repeatedly raise that threat?” Villarin said.
Under the Constitution, 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 Congress.
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, Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by Congress, if the invasion or rebellion shall persist and public safety requires it.
Congress, if not in session, shall, within 24 hours following such proclamation or suspension, convene in accordance with its rules without any 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 or the extension thereof, and must promulgate its decision thereon within 30 days from its filing.
Review
Meanwhile, Deputy Speaker and National Unity Party Rep. Fredenil H. Castro of Capiz assured the public that Congress will exercise its power to review the declaration of martial law.
“The President was right when he said no one can stop him from declaring martial law anytime he wishes to declare it. But the declaration on martial law will be reviewed thoroughly by Congress to find out if such declaration has basis and is in accordance with the Constitution,” Castro said.
Image credits: Bullit Marquez/AP