Con-Com proposal adds ‘lawless violence’ to martial law grounds

FILE: President Rodrigo Roa Duterte presides over a meeting with the members of the Consultative Meeting at the Malacañan Palace on February 13, 2018. KING RODRIGUEZ/PRESIDENTIAL PHOTO

The Consultative Committee (Con-Com) approved the insertion of ‘lawless violence’ as a ground for the President to declare martial law.

May 23 last year was the day when President Rodrigo Roa Duterte declared martial law in Mindanao when the Maute fighters claimed Marawi city, and on May 23 this year, Wednesday, the Con-Com added this as ground.

According to former Lieutenant General Ferdinand Bocobo in a press briefing, one of the members of the Con-Com said that the term refers to terrorism and violent extremism which include religious extremism.

In Article VII, Section 18 of the 1987 Constitution, ‘lawless violence’ was mentioned but was not a ground for the declaration of the military rule.

The article says that the “President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.”

However, the clause pertaining to the ground of martial law says, “In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

Con-Com’s proposal then will add lawless violence to invasion and rebellion, approved “unanimously” by its 22 members on the May 22 en banc session.

Bocobo also stressed that adding lawless violence as a ground for martial law is not a form of downgrading, as the Con-Com is adopting what is the situation in the present and what they foresee for the near future.

He also denied that this provision stemmed from a suggestion from Duterte, saying that he got it from consultation with resource persons from the Department of National Defense (DND) and the Department of Interior and Local Government (DILG).

Duterte formed the Con-Com to review and approve proposals to amend and revise the current Constitution in preparation for a federal government.