Title
Martial Law Implementation in Mindanao 2017
Law
General Order No. 1
Decision Date
May 30, 2017
Following the issuance of Proclamation No. 216, martial law was declared in Mindanao, Philippines for a maximum of 60 days, with the Armed Forces of the Philippines tasked to suppress rebellion and lawless violence while respecting constitutional rights and protecting the welfare of citizens.

Constitutional basis and purpose

  • The President acts as Commander-in-Chief of all the Armed Forces under the Constitution to suppress lawless violence, invasion or rebellion in the whole of Mindanao under the order’s introductory clauses.
  • The order requires the AFP to prevent and suppress acts of rebellion in the whole of Mindanao and to take necessary and appropriate actions and measures to address the situation under the order’s introductory clauses.
  • Section 3 directs the AFP to ensure national integrity and to maintain public order and safety, including continued exercise by the Chief Executive of powers and prerogatives to enforce the laws of the land.

Designated administrator and implementor

  • Section 2 designates the Secretary of National Defense as the Administrator of martial law in Mindanao.
  • Section 2 designates the Chief of Staff of the Armed Forces of the Philippines as the Implementor.
  • Section 3 assigns the AFP the duty to undertake all measures to prevent and suppress rebellion and lawless violence in Mindanao.

Scope: where and what conduct covered

  • Section 1 applies to the Mindanao area covered by Proclamation No. 216 (s.2017).
  • Section 3 covers all measures to prevent and suppress acts of rebellion and lawless violence in the whole of Mindanao.
  • Section 3 also includes actions “in relation thereto, in connection therewith, or in furtherance thereof.”
  • Section 3 requires immediate arrest or the causing of arrest of persons and/or groups who have committed, are committing, or are attempting to commit the covered acts.

Limits on martial law powers

  • Section 4 requires the Martial Law Administrator, Martial Law Implementor, AFP, and other law enforcement agencies to implement the order only within the limits prescribed by the Constitution and existing laws, rules and regulations.
  • Section 4 provides that a state of martial law does not suspend the operation of the Constitution.
  • Section 4 provides that martial law does not supplant the functioning of civil courts or legislative assemblies.
  • Section 4 provides that martial law does not authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.
  • During the suspension of the privilege of the writ of habeas corpus, Section 4 mandates that any person arrested or detained shall be judicially charged within three days, otherwise the person shall be released.

Protection of rights and support duties

  • Section 5 requires that the implementation respects and protects the constitutional rights of the Filipino people at all times.
  • Section 5 enjoins the Commission on Human Rights to zealously exercise its mandate under the 1987 Constitution and to aid the Executive in ensuring continued protection of constitutional and human rights.
  • Section 5 directs the Departments of Social Welfare and Development, Education, and health, among others, to exert efforts to ensure the safety and welfare of displaced persons and families, especially children.
  • Section 6 directs all other government agencies to provide full support and cooperation to attain the objectives of the order.

Role of media

  • Section 6 declares the role of media as vital in ensuring timely dissemination of true and correct information to the public.
  • Section 6 requests media practitioners to exercise prudence so as not to compromise the security and safety of AFP and law enforcement personnel and to enable effective discharge of their duties and functions under the order.

Implementation guidance and separability

  • Section 7 empowers the Martial Law Administrator to issue further guidelines to implement the order, subject to the limits of the Constitution and other relevant laws, rules and regulations.
  • Section 8 provides that if any provision is declared invalid or unconstitutional, the remaining parts of the order not affected remain valid and subsisting.

Administrative and implementing effect

  • Section 1 directs the AFP to fully implement Proclamation No. 216 (s.2017).
  • Section 3 authorizes and compels coordinated operational measures by the AFP and orders other law enforcement agencies to act to arrest or cause arrest of persons and/or groups involved in covered acts.
  • Section 9 sets the start of enforceability as immediately upon issuance.

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