FATHER SATURNINO URIOS UNIVERSITY

Butuan City, Philippines

Readings in Philippine History

DECLARATION OF MARTIAL LAW IN MINDANAO, PHILIPPINES

A Position on the Declaration of Martial Law: Not the Solution

ROSHENNA MAE D. TAO-ON

BSA-AIS11

AUGUST 2020
Brief Introduction

The Government of the Philippines has six stated priorities. These are as follows:
building a more cohesive society, maintaining peace and order, ensuring tranquility in the
community, providing public safety, fostering general welfare, and ensuring that every citizen
bears the fruit and privileges of democracy. Without these, how are we different from our past
nation where lies tyranny, political dictatorship, and lack of human rights?

Many of us recall Martial Law as a traumatic mess the country has ever experienced. A
national condition synonymous with all types of violence resulting from executions, enforced
disappearances, the suspension of habeas corpus, human rights violations and extreme breaches
of civil liberties and democratic rights by the military and politicians. More than any of these,
who would fail to affiliate former president Ferdinand Marcos with Martial Law? It was a
decade-long political crisis affecting many facets of the country's social structure. And on the
23rd day of May 2017, in the wake of the battle of Marawi City, President Rodrigo Roa Duterte
proclaimed another state of martial law amended by Proclamation 216.

I. Reason Behind the Declaration: War Between Maute Group and Philippine Armed Forces

The Battle of Marawi, also known as the Siege of Marawi, and the Marawi crisis, was a
five-month armed conflict in Marawi, Lanao del Sur, Philippines, which began on 23 May 2017
between the Philippine Government Security Forces and militants, aligned with the Islamic State
of Iraq and the Levant (ISIL), including the Maute and Abu Sayyaf Salafi jihadist groups.

According to the Philippine government, the clashes started during the armed forces
attempt to capture Isnilon Hapilon, leader of the ISIL-affiliated Abu Sayyaf group, after
receiving information that Hapilon was in the area, likely to meet with the Maute group's
militants. A deadly firefight erupted as Hapilon 's forces opened gun on the joint army and police
units and called for reinforcements from the Maute Movement, the militant group that claimed
loyalty to the Islamic State and assumed to be responsible for the 2016 Davao City bombing,
according to military spokesmen.
II. The Need for Declaration of Martial Law

On May 23, 2017, Duterte declared martial law in Mindanao after hundreds of fighters
from the Maute and Abu Sayyaf armed groups laid siege to the southern city of Marawi.
Typically, the imposition of martial law is preceded by curfews; the suspension of civil law, civil
rights and habeas corpus; and the application or extension of military law or military justice to
civilians.

Martial Law was declared to address and fully comply with radical Islamic terrorism and
narco-terrorism in Mindanao in strict compliance with the mandates of the President. Following
the attacks by the Islamic State-aligned Abu Sayyaf and Maute Groups in Marawi City, the
declaration of martial law in the Mindanao region of the Philippines creates a precarious position
for the people and Mindanao 's stability. Military operations and repressive actions are more
likely to increase extremist violence than to subdue it.

III. Beneficial Changes during Martial Law

On the contrary, it is believed by some that the declaration of martial law has led the
increased tourist and economic activity, especially in areas previously considered inaccessible to
visitors from Luzon and Visayas. The improved security situation is so welcoming that tourists
visiting Bongao, Tawi-Tawi, Basilan, Davao, Zamboanga City or the island hopping in Jolo,
Sulu, are no longer rare. An unprecedented number of loose firearms were seized or surrendered
to the government, with 5,685 loose firearms recovered in Mindanao alone, with the aid of local
government units. Movements of established militant groups like the New People's Army, Maute
Group and ASG (Abu Sayyaf Group) were also restricted, believed to have tamed the chaotic
state of Marawi region.

IV. Practicality and Extension of Martial Law

Although Duterte declared the city free of "terrorists" just a few months later, proving the
effectivity of Martial law, he requested the Congress to allow it to expand and extend its military
rule in order to counter an alleged "rebellion" in Mindanao. Opposition lawmakers and private
petitioners opposed the extensions in Philippine courts, claiming that "there is no rebellion" that
would legitimize the implementation of military law, but the Supreme Court, which is also
dominated by Duterte 's allies, sided with the president.

Supporters of the extension of martial law in Mindanao have reported that it would speed
up the rebuilding of the city of Marawi, which was rugged by the Philippine army during the
siege of 2017. But, as it failed to bring law and order to the island, Duterte's military rule has
also failed to aid the rehabilitation of the city. Although it is hard to debate that martial law has
accomplished anything in Mindanao, it is much harder to be confident that military control over
the island will finally come to an end over the next few days from its promise “end-date”. In
January 2018, the Philippine government announced intentions to construct a new military base
in Marawi City.

Martial law in Mindanao, which has been extended for more than two years to an
imaginary rebellion, has achieved nothing other than an increase in the suffering of the local
population. As a president who is able to shoot first and ask questions later stays in place, we are
likely to see even more rebellions on the island, than peace itself.

The Islamic liberation movement in Mindanao reveals that the legacy of the militant
violence Duterte aims to smash, derives directly from the brutal military action carried out under
the Marcos dictatorship during the time of martial law proclaimed in the 1970s. The declaration
of martial law, the intervention of government forces, and repressive military operations
destroyed the already fragile peace which possibly resulted in MILF rebels returning to the
battlefield alongside those of the Abu Sayyaf and Maute Groups. These groups are ironically
splinter organizations, remnants of martial law groups formed during the Marcos regime. We are
in a brink of repeating the same history all over again, and it is not practical to take such risk.

B. Position on the Matter

Martial law can never assure the level to which there is no abuse of power. It would
further embolden the abuse of police and military forces – as demonstrated in our experience of
Marcos regime and the war on drugs that the administration has waged. In reality this is the clear
and present threat. Unfortunately, there are already clear indications of cynical insinuations as
to how martial law can be implemented on the ground-promoting massacres, raids, and abuse,
inflicting fears to local citizens. Instead of martial law, we could’ve push in the original path of
maintaining the inclusion of Muslims, Christians and non-believers (and any Filipino) in
fundamental social justice growth. In the end, Martial law can never be a practical solution.

References

Hustedt, A. (2017, June). Why Duterte’s Martial Law Declaration in Mindanao Is So

Concerning. Retrieved from https://thediplomat.com/2017/06/why-dutertes-
martial- law-declaration-in-mindanao-is-so-concerning/

Montalvan, A. (2019, December). What did Duterte's martial law achieve in Mindanao? Retrieved from
https://www.aljazeera.com/indepth/opinion/duterte-martial-law-achieve-mindanao-
191230054020719.html

Nepomuceno, P. (2018, November). Martial law beneficial for Mindanao: AFP chief. Philippine
News Agency. Retrived from https://www.pna.gov.ph/articles/1054105.