Rebellion

The existence of a state of rebellion to justify the proclamation of martial law must satisfy the legal definition of the offense in the Revised Penal Code (RPC).

Rebellion is grouped together with the crimes of “coup d’etat, sedition and disloyalty” in the RPC. Article 134 of the code states that “rebellion or insurrection” 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 Republic of the Philippines or any part thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”

The punishment for anyone who “promotes, maintains or heads” a rebellion is life in prison. The RPC also provides that when the rebellion “is under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels shall be deemed a leader of such rebellion…”

Amendment of the RPC under Republic Act 6968 in October 1990 did not change these specific provisions.

Will the Islamic State and its head, Abu Bakr al-Baghdadi, qualify as “unknown leaders” of a rebellion in Marawi, with a possible spillover to the rest of Mindanao? There was no such transnational threat when the RPC and RA 6968 were passed. IS has announced that it is setting up a global caliphate, and it does look like it wants to control all or parts of Mindanao using armed force. This could meet the first part of the definition of rebellion under the RPC.

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Abu Sayyaf commander Isnilon Hapilon and the ragtag Mautes can’t possibly be mounting this kind of resistance to being pulverized by the Armed Forces of the Philippines without massive amounts of support.

The parents of terrorist brothers Omar and Abdullah Maute, dubbed Papa and Mama Maute, couldn’t have raised all the needed logistics for the Marawi siege by themselves. Police are probing reports that the Maute couple received a lot of help from former Marawi mayor Fajad Umpar Salic, who allegedly raised funds mostly through drug trafficking. Salic is said to be a brother-in-law of the Maute group founders. Authorities are trying to trace terrorist financing funneled to the Mautes from abroad.

The Islamic State is fighting to keep its strongholds in the Iraqi city of Mosul and parts of Syria. IS has acknowledged its links to the Maute terrorists, and is said to be urging its acolytes in Southeast Asia to help turn Marawi into a regional IS base.

President Duterte has said the attack on Marawi was ordered by al-Baghdadi himself. Security analysts appear to be in agreement that the Abu Sayyaf’s Hapilon, who is leading the Mautes in Marawi, is indeed the IS “emir” in the Philippines. The military has since released photos of Hapilon together with the Mautes plotting the Marawi siege, with a map of the city laid out before them.

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The Supreme Court is now deliberating on the validity of the proclamation of martial law in the entire Mindanao. Yesterday it was the turn of defense and military officials to face the SC.

Opponents of martial law Proclamation 216 argue that terrorism is not rebellion. SC justices may have to consider the nature of terrorism and rebellion in the age of IS, al-Qaeda, and now a resurgent Taliban in Afghanistan.

Terrorism is a borderless crime. With advances in digital technology, crimes against public order in a particular country can now be directed from anywhere in the world.

Terrorist groups have in fact taken over parts of certain countries, notably Iraq and Syria – weak states where lawlessness makes it easy for armed groups to carve out enclaves that serve as staging points for attacks overseas. The terrorist groups function like governments and advocate a particular way of life.

Serious peace and order problems plus the presence of local Islamist armed groups make Mindanao an ideal target for setting up the Southeast Asian headquarters of IS.

Is this transnational threat directing a rebellion in the Philippines? Was it a full-blown rebellion at the start of the Marawi siege? And how much did President Duterte know about the extent of the threat when he signed Proclamation 216 in Moscow?

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Filipinos still remember the abuses of Ferdinand Marcos’ dictatorship and do not want a return of his brand of martial law. Those who have mounted a legal battle to prevent this return deserve support.

Seeing what’s happening in Marawi, however, it looks like many Filipinos – regardless of the outcome of Supreme Court deliberations – simply want the government to do whatever it takes to eliminate the Maute-Abu Sayyaf threat, and equally important, to prevent it from spilling over beyond the devastated city.

You can sense this public support in the way the Marines and police commandos slain in Marawi have been widely hailed as heroes. There is no heroism when government forces are seen by the public to be fighting an unjust war.

The Mautes are said to be using human shields and hiding in mosques. We don’t know what has happened to the Catholic priest who was seized as a hostage. Priests and nuns have suffered brutal deaths at the hands of the Abu Sayyaf, and the Mautes aren’t any better.

It’s a vicious, extraordinary armed threat to public order, with a strong potential not just to spread to other parts of the country but also to jump to other Southeast Asian states.

The Supreme Court may have to refine the definition of rebellion in the statute books.