Mindanao martial law: Make or break for Rody

When Ferdinand Marcos declared Martial Law in 1972, expectations were so high that so many people actually believed the country was poised to move on to a new beginning with Marcos’ New Society slogan, “Sa ikauunlad ng bayan, disiplina ang kailangan.”

The New Society sought to curb violent crimes and stop communist insurgents and Muslim rebels from sowing chaos and disorder in the country. But it was only for a short period. Major abuses started to take place, the old oligarchy was replaced with the new oligarchy, and so forth and so on. Ultimately, the Marcos regime fell shortly after the assassination of Ninoy Aquino.

Following clashes between government troops and Maute group terrorists in Marawi City in Lanao del Sur – with the extremists attacking several facilities including the city jail and freeing more than a hundred inmates – President Rodrigo Duterte declared martial law in Mindanao, triggering fears that history will repeat itself. 

In his official report to Congress to justify his martial law declaration, President Duterte described the atrocities committed by the Maute group as attempts to remove Mindanao – starting with Marawi City – from its allegiance to the government and prevent the president from enforcing laws to maintain public order and safety. The violence displayed by the Maute terrorists and their act of hoisting the black flag of ISIS (Islamic State in Iraq and Syria) in various private and government facilities is proof that the extremists want to establish an ISIS wilayat or province covering Mindanao – all of which effectively constitute rebellion. According to reports, foreign terrorists were also among those killed during the clashes – underscoring the link between Maute and international extremists.

Several groups are questioning the president’s move, saying it was an overreaction that could pave the way for human rights violations by the military. But the fact of the matter is – the 1987 Constitution, which was a clear reaction to the Marcos era, has enough safeguards to prevent the abuse of power. For one, martial law is limited to a period of 60 days. The Supreme Court also has the power to review the suspension of the writ of habeas corpus or determine if the basis for the declaration is sufficient. Today’s 1987 martial law constitutional provision compared to the 1935 Constitution is so diluted, it practically has no teeth.

Chief Justice Maria Lourdes Sereno said, “the powers to declare Martial Law and suspend the privilege of the writ of habeas corpus are expressly granted President Duterte under the Constitution. When properly implemented, this should not by itself unduly burden our country. This power was granted to allow the President to resolve the situation ‘in case of invasion or rebellion, when the public safety requires it’.”

According to Sereno, “the 1987 Constitution in clear and unmistakable language rejects and absolutely prohibits the particular kind of martial law that began in our country in September of 1972.”

The thing is, President Duterte continues to enjoy an extremely high approval rating with an informal survey conducted only yesterday showing that a majority, especially Mindanaoans, agree with the president’s decision, saying this should have been done years ago to stop the lawless violence that has ravaged many parts of Mindanao. While it offers huge economic potential with many towns and cities that are progressive and peaceful, Mindanao continues to suffer from the reputation of being a “no man’s land” where violence is the norm, with almost every other person carrying a gun – licensed or unlicensed.

Business groups like the Chamber of Commerce of the Philippine Islands led by Jose Luis Yulo stated their support for the president’s decision in “defending and maintaining the safety of the Filipino people and proclaiming the sovereignty of the Republic against ISIS and all terrorists.”

Philippine Hotel Owners Association president Arthur Lopez, who hails from Zamboanga City, thinks that the tourism industry could even surge as a consequence of placing Mindanao under martial law. “We have been getting a lot of bad publicity anyway with all these kidnappings in the south, the beheading of foreigners and the recent siege in Bohol. It’s about time someone really took the bull by the horns,” he said.

“The peace and order situation in Mindanao has deteriorated since 1986, and no administration has really taken decisive steps to end the insurgency problem in the south. I admire President Duterte for his guts, determination and decisiveness,” Arthur said.

If there’s anyone who knows about the situation in Mindanao very well, it would be none other than Rody himself since he hails from Davao and grew up in a place that was once known as the “Wild Wild West.”

For many Mindanaoans, simply denouncing the atrocities of terrorists or employing “diplomacy” in dealing with rebel groups is no longer an option. The fighting has been going on for several decades, with many renegade and terrorist groups sprouting over the years, spreading chaos and displacing hundreds of thousands of people living in conflict-affected areas. Mindanaoans feel the time is right to place Mindanao under martial law, and agree that the president should be “harsh” in dealing with these barbarians. 

Whenever President Duterte would exaggerate something and people believe him, he would caution his friends and Cabinet members, saying “istorya man lang ‘bay” – meaning “it’s just a story, my friend.”

This time however, President Rody’s martial law declaration is no longer “just a story” – it is for real. He has promised, “tatapusin ko yan; I will finish the lawlessness in Mindanao.” This is the story people want to hear from the man they voted for. Ultimately, it is also the story that could make or break his presidency.

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