Senate backs martial law

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BY PRINCE GOLEZ
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Wednesday, May 31, 2017
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MANILA – The Senate expressed support to the declaration of military rule in Mindanao.

Fifteen senators signed Senate Resolution No. 388 supporting the martial law and the suspension of the writ of habeas corpus in the entire major southern island:

Senate President Aquilino Pimentel III, Senate President Pro Tempore Ralph Recto, Senate Majority Leader Vicente Sotto III, Juan Edgardo Angara, Nancy Binay, JV Ejercito, Sherwin Gatchalian, Richard Gordon, Gregorio Honasan II, Panfilo Lacson, Loren Legarda, Manny Pacquiao, Joel Villanueva, Cynthia Villar, and Juan Miguel Zubiri.

Eight others did not sign: Senate Minority Leader Franklin Drilon, Paolo Benigno Aquino IV, Francis Escudero, Risa Hontiveros, Leila de Lima, Francis Pangilinan, Grace Poe, and Antonio Trillanes IV.

President Rodrigo Duterte placed the entire Mindanao under martial law on May 23 following clashes between military forces and the Maute terror group in Marawi City, Lanao del Sur.

But while Poe did not sign the resolution of support, she was also supportive of the martial law “to ensure the safety of residents affected by the Marawi crisis.” She said the Constitution does not require such resolution.

The Senate described the acts of the Maute group as “an open attempt to remove from the Philippine government the part of Mindanao and deprive the chief executive of its powers and prerogatives to enforce laws of the land and to maintain public order and safety in Mindanao, hence constitutes the crime of rebellion.”

In a report justifying martial law, submitted to Congress on May 25, Duterte cited the series of violent acts initiated by the Maute terror group in Butig, Lanao del Sur in February 2016, which led to the killing and wounding of several soldiers and the mass jailbreak in Marawi City in August 2016, and the reported takeover of the Amai Pakpak Medical Center in Marawi City.

The Senate said Article 134 of the Revised Penal Code provides that the crime of rebellion is “committed by rising publicly and taking arms against the government for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippine islands or any part thereof, of any body of land, naval or other armed forces, depriving the chief executive or the legislature, wholly or partially, of any of their powers or prerogatives.”

The senators also cited Article VII, Section 18 of the 1987 Constitution that states: “In case of invasion or rebellion, when the public safety requires it, (the president) 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.”

Meanwhile Poe said manifestations for or against the martial law should be made individually for students of history to “fully understand and appreciate our individual take on this matter.”

“I also believe that since a resolution is not warranted anyway, it would have been prudent if the Senate had reiterated also the safeguards in our Constitution, highlighting the fact that public safety should remain our paramount concern,” she said./PN

 

 

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