No repeat of Marcos dictatorship – Palace

MANILA, Philippines — Malacañang yesterday assured the public that there would be no return to a dictatorial government amid the possibility that the extended imposition of martial law in Mindanao for one year may be expanded outside the region.

Allaying fears that the extended martial law may result in human rights abuses similar to those during the dictatorship of Ferdinand Marcos, presidential spokesman Harry Roque Jr. maintained that Duterte’s declaration was leagues apart from Marcos’ Proclamation No. 1081 in 1972.

“This is not the same martial law that we had… Courts remain functioning, Congress remains existing, the Bill of Rights and the Constitution are enforced,” Roque said in a briefing at the Palace.

Roque, a lawyer, added that the expansion of martial law beyond Mindanao remains an option, since it is given under the powers of the president under the present Constitution.

“I will not annotate what the President said. Of course, martial law is always an option because it is one of the three extraordinary powers of the President as Commander-in-Chief,” he said.

“So, if there’s factual basis, then he can impose martial law nationwide ‘no. But that’s what he meant by possibility. It’s there in the Constitution. So, it could always be utilized by the Commander-in-Chief,” Roque said.

He gave assurance that the Constitution provides there must be factual and legal basis for the declaration.

“So if there’s factual and legal basis elsewhere, he would not hesitate,” Roque said.

Since Duterte declared martial law in Mindanao last May 23, Roque noted that there has been no systematic or gross violation of human rights.

“No local government unit has actually complained even in Marawi that they fear their mandates have been violated. Even in Marawi itself, the local government unit continues to exist and the local mayor himself takes the initiative on the rebuilding of Marawi,” Roque said.

Roque also sought for increased public vigilance in view of expected intensified attacks from the New People’s Army.

“I think the reality is that with the halt of the peace talks, there will be more military encounters between the Armed Forces and the New People’s Army. So we need to be more vigilant,” he said.

“We’ll just need to be able to deal with threats as they happen… something that may not happen unless martial law is around,” he added.

Roque also gave assurance that they would recommend the lifting of martial law ahead of the deadline next year but only once the threats of terrorists and the rebels are quelled.

“I believe the executive secretary and the deputy executive secretary made such a statement yesterday in Congress that if there are no more reasons for the continuance of martial law, they will lift it even before one year,” Roque said.

Along with Cabinet officials, Executive Secretary Salvador Medialdea and his deputy Menardo Guevarra represented the Office of the President during the joint session of Congress the other day for the deliberation on the martial law extension.

Rody has mandate to serve, protect people

Meanwhile, presidential legal adviser Salvador Panelo has called on all the President’s critics to respect the decision of Congress, which has been designated as the representative of the people.

“The great majority of the Filipino people speaking through their constitutionally mandated representatives have spoken in strong and resonant voice,” Panelo said.

“It behooves the opposition and the critics to respect the people’s decision and to support the President’s unwavering fight against the forces that continue to rebel against the government…,” he added.

Panelo said the rebels have placed “public safety in peril even as they act in unison to commit acts of rebellion, terrorism, destruction of property and other illegal acts leading to the dismantling of the apparatus of the government in their inordinate desire to establish an anti-democratic institution.”

Since Duterte has the mandate to “serve and protect the people,” Panelo said the President is empowered with the necessary powers under the Constitution to make sure he can address the threat groups.

Freedom of expression ‘partially suppressed’

Meanwhile, Roque cautioned that freedom of expression can be partially suppressed during the implementation of martial law in Mindanao amid concerns that there will be a clampdown on media and other groups who may be found to be critical of the administration.

While critics and activist groups can still conduct protest rallies, Roque noted that in times of public emergencies, the suspension of the freedom of expression can be “derogated” under the human rights law.

Roque said the Bill of Rights is not suspended but the freedom of expression can be suspended temporarily.

“So, freedom of expression is a derogable right under human rights law. Though the only requirement is it must be registered with the Human Rights Council and there must be legal basis for it,” he explained.

The Human Rights Council can review the factual basis for the derogation of freedom of expression, Roque said.

“But so far, I have not had any occasion or I do not know of any occasion where military authorities, where the Secretary of National Defense as administrator of martial law, have curtailed freedom of expression in any part of Mindanao, even if he could,” he said.

Security forces can close radio stations if these are disseminating information which may be used by the enemy, according to the Palace executive.

In the same briefing, Roque urged militant groups and other critics of the administration to file formal complaints to substantiate their claims that there have been a series of human rights violations against lumads and peasant groups in Mindanao.

“Again, these groups need to go beyond sloganeering. They need to actually submit evidence so that authorities can investigate and punish the perpetrators,” he said.

4 Mindanao graduates welcome ML extension

Four graduates from Mindanao who passed the Licensure Examination for Teachers (LET) board exam yesterday welcomed the extension of the imposition of martial law in Mindanao until the end of 2018.

Among them is Abdulaziz Hajimin Dapilin, 21, son of a public school teacher and resident of Lamitan City in Basilan.

A visually impaired student from the Western Mindanao State University in Zamboanga, ranked ninth among the topnotchers in the field of Bachelor of Science in Elementary Education major in Special Education. He passed the board exam with a grade of 86.6 percent.

He has no problems with the extension of martial rule so long as it does not trample on the rights of the people. – With Emmanuel Tupas