Senators warn martial law implementors vs abuse

MANILA, Philippines -  Senators yesterday warned authorities in Mindanao not to overstep prescribed bounds in enforcing martial law amid fears that the Duterte administration was set to curtail civil liberties in running after members of the Maute group in Marawi City.

Sen. Panfilo Lacson, chairman of the Senate committee on public order, and Sen. Francis Escudero in separate interviews were worried over statements from security officials about the takeover of media outfits and the conduct of warrantless arrests in the region.

Aside from declaring martial law, President Duterte also suspended the privilege of the writ of habeas corpus in Mindanao.

The senators, both supportive of President Duterte’s proclamation, said while warrantless arrests are allowed even without declaration of martial law, there are specific conditions for it to be conducted under the Constitution.

“There should be no abuse… taking over private utilities are not automatic even if martial law has been declared,” Lacson told dzBB.

He asked the public to remain vigilant for possible abuses as he gave assurance that Congress and the Supreme Court (SC) would institute checks and balances when the executive branch implements martial law.

He said lawmakers may call for the revocation of Duterte’s martial law proclamation while citizens can question the same before the SC.

Escudero said he would raise the matter of possible abuses during today’s closed door briefing of officials, led by National Security Adviser Hermogenes Esperon and Defense Secretary Delfin Lorenzana, before senators.

“We want to find out the orders given to them by the President as commander-in-chief because taking over the media is not covered by the powers given to them under martial law,” Escudero said.

He said even with the suspension of the writ of habeas corpus, the Constitution mandates that a criminal suspect should be charged before the courts within three days of arrest.

‘No dereliction of duty’

 The two senators believed that members of Congress would not be derelict in their duties if they did not convene a joint session to deliberate on Duterte’s proclamation as called for by some opposition lawmakers.

Senators from the majority bloc were expected to hold a caucus last night to discuss the developments, and their next move amid calls to hold a joint session of Congress.

Escudero and Lacson stressed the convening of a joint session would only come about if Congress is set to revoke the martial law declaration.

Lacson said it was clear there was an invasion, with the hoisting of the IS flag and the takeover of several government facilities in Marawi City.

He also supported the Mindanao-wide martial law as “public safety demands that the government prevent a spillover (of the attacks) to other areas.”

Escudero said the briefing to determine the factual basis of Duterte’s proclamation will suffice in the meantime.

He pointed out that Senate Minority Leader Franklin Drilon did not outright call for a revocation of martial law but instead sought the security briefing.

“Since we have not yet been briefed, let’s not preempt (Duterte) and call for the revocation. Let’s wait for the briefing first,” he said.

Sen. Antonio Trillanes IV said Duterte is testing the limits of his powers in declaring martial law in Mindanao as part of his attempts to run an authoritarian government.

He said shortly after Duterte assumed office in June last year, he had been talking about installing a revolutionary government or imposing martial law over the entire country to “solve” the nation’s problems.

In less than three months, Duterte declared a state of emergency for the country that has yet to be lifted  and triggered thousands of drug-related extrajudicial killings, the senator said.            

– With Pia Lee-Brago