Con-com: ‘Lawless violence’ a ground for martial law under federalism

A year after the siege of Marawi City, President Rodrigo Duterte’s Consultative Committee (Con-com) announced it has adopted “lawless violence” as a ground for declaration of martial law under a federal Charter.

In a press briefing on Wednesday, former Lt. General Ferdinand Bocobo, a member of the Con-com, said the wording was included in its revision of Section 18 of the Article VII or Executive Department of the 1987 Constitution.

“Lawless violence,” Bocobo said, included terrorism, violent extremism and religious extremism.

The present Charter provides that the President, as the Commander-in-Chief of the armed forces, may declare a state of martial law in cases only of invasion or rebellion.

But under the Con-com’s proposed revision, the President, “in case of lawless violence, invasion or rebellion, when public safety requires it,” may suspend the privilege of habeas corpus and put any part of the country under military rule.

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The provision was included in the proposed article on the Executive Branch of government that was “unanimously” approved by the 22-member Con-com during an en banc session on Tuesday, May 22.

Bocobo said they included the ground as they were “adopting the present situation and what we can foresee in the near future.” But the retired general clarified that there was no input from Duterte on the matter. He said they only inquired with resource persons from the Department of National Defense, National Security Adviser, and the Department of the Interior and Local Government.

In May 23, 2017, state security forces clashed with the Islamic State (IS) inspired Maute terrorist group who attempted to establish an IS territory in the country.

On October 17, 2017, President Duterte declared the liberation of Marawi City. As of this writing, the Marawi City is still undergoing rehabilitation. /muf