protection against martial law definition

#PROTECTION AGAINST MARTIAL LAW DEFINITION CODE#

Because the 107 inmates are free, the BJMP no longer has custody of these inmates, which ultimately means the incident “resulted in a deprivation of President Duterte’s power to keep these prisoners in custody.” The Bureau of Jail Management and Penology exercises supervision or control over jails, the BJMP is under the Department of the Interior and Local Government, and the DILG is under Duterte. That is the case, for example, with the release of over 100 inmates from the Marawi City jail in the first few days of the clashes. It was a constitutional safeguard to prevent presidents from abusing their martial law powers.ĬALIDA: Under the Constitution, rebellion is already existing when the armed uprising “deprives the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.” It is precisely why the words “imminent danger” were deleted from the provision in the Constitution to make sure that martial law is declared only in the event of an actual rebellion, not just the danger of it. PETITIONERS: The crisis has not reached an extent that public safety has already required the declaration of martial law. Rebellion’s definition under the law includes the qualification that the uprising to “remove from the allegiance to the Philippine government” also “deprives the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.” “It is a strategic and well-coordinated attack to overthrow the present government and establish a wilayah in Mindanao.” The siege was “intended to be the climax of a clear and actual takeover of Philippine territory by means of a violent uprising against the government.”Īccording to military information, the Maute Group had planned to raze Marawi City during Ramadan and it was to be a precursor to establishing an Islamic State (ISIS) province in Mindanao. PETITIONERS: The crisis in Marawi is just a “pretended existence of rebellion and/or invasion.” They say that what happened in the city is not an attempt to “remove from the allegiance” to the Republic but just an armed resistance to protect leader Isnilon Hapilon from death or capture.ĬALIDA: The circumstances of the Marawi crisis reject the assertion that the siege was just meant to protect Hapilon.

#PROTECTION AGAINST MARTIAL LAW DEFINITION CODE#

Rebellion, meanwhile, is defined under the Revised Penal Code as “ a crime 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.” Section 18, Article VII, of the Constitution says: “In case of invasion or rebellion, when the public safety requires it, 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.” (READ: Questions you need to ask about martial law in Mindanao)ĭefending Duterte will be Solicitor General Jose Calida, who will go up against 3 groups of petitioners: minority lawmakers led by Albay 1st District Representative Edcel Lagman, activist groups led by Lumad leader Eufemia Cullamat, and Marawi City residents led by Mindanao State University (MSU) professor Norkaya Mohamad.īased on their petitions and Calida’s consolidated comments, Rappler compiles the main arguments and counter-arguments for your guide during the debates that will last until Thursday, June 15. MANILA, Philippines – The Supreme Court (SC) will begin on Tuesday, June 13, its 3-day oral arguments on 3 consolidated petitions, which seek to nullify President Rodrigo Duterte’s Proclamation Number 216 or martial law in Mindanao.

Protection against martial law definition