President Rodrigo Duterte aims to amend process for declaring martial law

admin   •   December 23, 2016   •   2786

President Rodrigo Duterte.

President Rodrigo Duterte.

 

It is high time to amend the process for declaring martial law in the country.

This was stated by President Rodrigo Duterte during his speech in front of the community drug watch volunteers in Pampanga on Thursday.

Under the 1987 Constitution, the approval of Congress and the Supreme Court is needed before a president can declare martial law.

This is to avoid repeating the mistakes of former president Ferdinand Marcos’ regime wherein reported cases of abuse under martial law occurred.

“The martial law powers are subject for review by the Supreme Court and by Congress. Kung mag-declare ako ng Martial Law at may invasion ngayon o giyera, I cannot proceed on and on. Lalo na kung may gulo, pupunta pa ako sa Congress, pupunta pa ako doon sa Supreme Court,” said the president.

(The Martial Law powers are subject for review by the Supreme Court and by Congress. If I want to declare martial law because of an invasion or war, I cannot proceed on and on. Especially when there is trouble, I will have to go to Congress and the Supreme Court.)

However the chief executive assured that if the change were to be implemented, he would not take advantage of it.

“But there is a safety measure there. I’ll just tell you later,” he said.

Duterte added that the amendment in the provision of the Constitution was a “reckless reaction” to former president Marcos who declared martial law in 1972. — Mirasol Abogadil | UNTV News and Rescue

Congress can revoke martial law any time sans anti-terror law amendments — Drilon

Robie de Guzman   •   November 12, 2019

Filipino government troops check a villager at a military checkpoint in the town of Pingcawayan, North Cotabato province, southern Philippines, 21 June 2017. EPA-EFE/CERILO EBRANO

MANILA, Philippines – Senate Minority Leader Franklin Drilon on Tuesday said that the government should not use the proposed amendments to the Human Security Act as a pre-requisite to the lifting of martial law in Mindanao.

Drilon made the statement in response to Defense Secretary Delfin Lorenzana’s earlier remark that another extension would not be necessary if Congress amends the anti-terror law.

“Do not dangle lifting martial law in Mindanao in exchange for the speedy passage of the Human Security Act,” he said in a statement.

“The passage or non-passage of the amendments to the Human Securities Act is not a ground for extending martial law in Mindanao,” he added.

Citing Section 18, Article VII of the Philippine Constitution, the senator said that it was clear that martial law may be declared if actual rebellion exists, and that Congress may extend the declaration if the rebellion persists and public safety requires it.

“That is the only ground for extension of martial law. But it is clear since day one that the martial law or its extension in Mindanao has no basis,” Drilon said.

“It is high time that we lift (martial law to) bring back normalcy in the region,” he added.

He further stated that Congress can revoke martial law any time sans amendments to the Human Security Act.

He also said that Lorenzana was correct in saying that martial law has been going on for too long but he hopes that the government will not use it “to put pressure on Congress to pass the amendments to the Human Security Act.”

“The non-passage of the amendments to the Human Security Act should not be used as a basis or justification to further extend martial law. The amendments need thorough debates,” Drilon said.

Mindanao has been under martial law since 2017 after the Maute Terror group attacked Marawi City.

The martial law was initially set for 60 days but it was extended until the end of 2017, then until the end of 2018 and to the end of 2019.

It is set to expire on December 31, 2019.

Lorenzana not keen on another extension of martial law in Mindanao

Robie de Guzman   •   November 11, 2019

Philippines Secretary of National Defence Delfin Lorenzana looks on during the fifth plenary session of the International Institute for Strategic Studies (IISS) 18th Asia Security Summit in Singapore, 02 June 2019. EPA-EFE/WALLACE WOON

MANILA, Philippines – Department of National Defense (DND) Secretary Delfin Lorenzana on Monday said he is not keen on recommending another extension of martial law in Mindanao after it expires on December 31, saying it has been going on for too long.

“Kung ako lang, I will not recommend anymore the extension. Matagal nang masyado eh. We can do our job naman,” Lorenzana told reporters in an interview in Camp Aguinaldo.

“Kaya nga, especially if the Senate or Congress can pass the, ‘yung Human Security Act na medyo mabigyan ng konting ngipin ‘yung ating law enforcement, then that’s a better arrangement than the martial law,” he added.

Proposed amendments to the Human Security Act of 2007 aim to broaden the definition of terrorism, ease restrictions on surveillance and extend the lawful detention of suspected terrorists to 30 days from the current three days.

Lorenzana earlier said these proposed changes would help the police and the military identify terror suspects and build tighter cases against them.

Mindanao has been under martial law since 2017 after Maute Terror group attacked Marawi City.

The martial law was initially set for 60 days but it was extended until the end of 2017, then until the end of 2018 and to the end of 2019.

However, Lorenzana said he will act accordingly if the Philippine National Police and Armed Forces decide to recommend another extension.

“We’ll see, we’ll evaluate the reasons of the military and the police and act accordingly,” he said.

Malacañang, meanwhile, said that President Rodrigo Duterte will take into consideration the recommendation of the defense and security officials before making a decision on whether or not to seek another extension of martial law.

Presidential Spokesperson Salvador Panelo said Lorenzana’s pronouncement against prolonging martial rule would also be considered by the chief executive.

“That will be considered by the president. The president always says that he will defer to the advice or recommendation of those who are on the ground,” he told reporters at a Palace briefing. – RRD (with details from Correspondent Harlene Delgado)

Duterte to attend ASEAN-ROK summit in South Korea

Aileen Cerrudo   •   November 11, 2019

President Rodrigo Duterte will attend the Association of Southeast Asian Nations-Republic of Korea (ASEAN-ROK) Commemorative Summit in South Korea from November 25 to 27.

Presidential Spokesperson Salvador Panelo confirmed on Sunday (November 10) that the president will be attending the summit in celebration of the 30th anniversary of the dialogue partnership between the regional bloc and South Korea.

“He will push through with the trip,” Panelo said.

President Duterte and South Korean President Moon Jae-In are also expected to have a bilateral meeting to discuss trade and security issues.

The Philippines and South Korea have recently celebrated its 70th bilateral relations.—AAC (with reports from Rosalie Coz)

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