QuestionsQuestions (GENERAL ORDER NO. 1)
General Order No. 1 is issued to implement Proclamation No. 216 dated 23 May 2017, which declared martial law in Mindanao and suspended the privilege of the writ of habeas corpus for a limited period.
It orders the AFP to fully implement Proclamation No. 216 declaring martial law in Mindanao and suspending the privilege of the writ of habeas corpus for not exceeding sixty (60) days.
The Secretary of National Defense is designated as the Martial Law Administrator.
The Chief of Staff of the Armed Forces of the Philippines is designated as the Implementor.
The AFP is authorized/ordered to undertake measures to prevent and suppress acts of rebellion and lawless violence in the whole of Mindanao, including acts related to or in furtherance of such rebellion or violence.
It orders the AFP and other law enforcement agencies to immediately arrest or cause the arrest of persons or groups who have committed, are committing, or are attempting to commit the covered acts.
It states that martial law does not suspend the Constitution, does not supplant the functioning of civil courts or legislative assemblies, and does not authorize conferring jurisdiction on military courts/agencies over civilians where civil courts are able to function.
Any person arrested or detained by virtue of the suspension must be judicially charged within three (3) days, otherwise the person shall be released.
It emphasizes that civil courts should continue to function and martial law should not replace them; military or law enforcement actions must remain within constitutional limits and existing laws.
The Commission on Human Rights (CHR) is enjoined to zealously exercise its mandate under the 1987 Constitution and aid the Executive in ensuring continued protection of constitutional and human rights.
The Department of Social Welfare and Development, Education, and Health (among others) are directed to exert efforts to ensure the safety and welfare of displaced persons and families, especially children.
It directs all other government agencies to provide full support and cooperation to attain the objectives of the Order.
Media practitioners are requested to exercise prudence to avoid compromising the security and safety of AFP and law enforcement personnel and to enable them to discharge their duties effectively; they are also to help disseminate timely and correct information.
The Martial Law Administrator may issue further guidelines to implement the Order, but only subject to the limits set by the Constitution and other relevant laws, rules, and regulations.
It provides that if any provision of the Order is declared invalid or unconstitutional, the remaining unaffected parts remain valid and subsisting.
It takes effect immediately.