If Duterte avoids historical martial law sins, peace can be restored in Mindanao: Sereno  

May 26, 2017

Chief Justice Maria Lourdes Sereno on Friday said if President Rodrigo Duterte and authorities in charge of implementing martial law in Mindanao can avoid “the gross historical sins” of the Marcos era, then its aim of restoring peace can be achieved. “If President Duterte and the . . . government authorities avoid the gross historical sins of Mister Marcos and his agents, then our country might reap the benefits of the legitimate use of the provisions on Martial Law in the 1987 Constitution,” Sereno said in her speech at the Ateneo de Loyola Schools. Sereno said “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.” Duterte imposed a 60-day martial law in Mindanao following terror attacks by Maute Group in Marawi. At least 10 soldiers and policemen have been killed by the gunmen, which sustained 31 casualties. Sereno explained that Duterte, under the 1987 Constitution, can declare martial law and suspend the privilege of the writ of habeas corpus. “Allow me to clarify that 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,” she said. “This power was granted to allow the President to resolve the situation “in case of invasion or rebellion, when the public safety requires it,” she said. Sereno warned: “Martial law power is an immense power that can be used for good, to solve defined emergencies; but all earthly powers when abused can result in oppression.” “If the Martial Law power is expressly granted the President, why are there fears expressed in some quarters regarding the declaration of President Duterte?” she asked. Sereno said the fears stoked by the terms “Martial Law” and “suspension of the privilege of the writ of habeas corpus,” are not surprising, “but we must remember that these apprehensions were created by former President Marcos and the martial law that followed his 1972 declaration.” She said martial law inflicted “deep damage . . . to our institution and the very fabric of our society.” DMS