Con-Com proposes ‘lawless violence’ as ground for martial law declaration

On the eve of the first anniversary of the declaration of martial law in Mindanao, President Rodrigo Duterte's Consultative Committee (Con-Com) proposing changes to the 1987 Constitution approved the insertion of "lawless violence" as a ground for placing any part of the Philippines under military rule.

Article VII, Section 18 of the existing Charter provides that the President may suspend the privilege of the writ of habeas corpus or place any part of the country under martial law for no more than 60 days "in case of invasion or rebellion, when the public safety requires it."

Under the proposal approved on Tuesday's en banc session, this section reads the President may declare martial law "in case of lawless violence, invasion or rebellion, when the public safety requires it."

Former inspector general Lt. Gen. Ferdinand Bocobo said "lawless violence" refers to terrorism and violent extremism, including religious extremism.

The Communist Party of the Philippines and its armed wing the New People's Army were declared as terrorist organizations by President Rodrigo Duterte, but it would take a regional trial court (RTC) to make it official.

A proscription petition for this purpose has been pending at the Manila RTC since February 21.

Bocobo further qualified "lawless violence" as including acts which sow "terror and fear." The definition for the newly-proposed ground will be placed in the draft Charter's annotation, he said.

Anti-administration rallies gone riotous, however, will not be grounds for the declaration of martial law, he said.

"That's part of the freedom of expression and freedom of assembly. These basic rights are still to be protected by the Constitution," Bacobo said.

He denied the insertion of the phrase was a "downgrading" of the requirements to warrant a declaration of martial law.

"Hindi naman downgrading. We are adopting what is the present situation and what we can foresee in the near future," he told a press briefing on Wednesday morning.

He also said a martial law declaration will still require the President's discussion with security officials.

"Before the president would declare this, he has to consult with his commanders in the ground — the naval services, the AFP, the Philippine National Police and even the national security adviser," he said.

Exactly one year ago, pro-ISIS terrorists belonging to the Maute group led by brothers Omar and Abdullah, with the help of the Abu Sayyaf faction under Isnilon Hapilon, occupied Marawi City.

On the same day, Duterte — who Bocobo said offered no inputs in the adopted proposal — placed the entire island of Mindanao under martial law.

The armed conflict in Marawi would last five months, cause over a thousand deaths, and leave the city in ruins. The fighting ended in October, but military rule in Mindanao has been extended, with the approval of the Supreme Court, to until the end of 2018. —KBK, GMA News