Curfews, checkpoints may still be implemented in Mindanao, says solon

Curfews and checkpoints may still be implemented in Mindanao even with expiration of martial law in the area at 11:59 p.m. on December 31, a member of the Bangsamoro Transition Authority (BTA) said Monday.

Zia Alonto Adiong, a BTA parliament member for Lanao del Sur, said Proclamation 55 issued by President Rodrigo Duterte in 2016 remained in place.

“The Palace and the security forces, the DILG, police and the military did not ask for an extension of martial law before Congress, and the implication of that is by law, martial law [in Mindanao] will expire by midnight today," Adiong told GMA News Online.

"But Proclamation 55, issued after the September 2016 due to a bombing incident in Davao City, is still in effect,” he added.

Proclamation No. 55 declares a state of national emergency on account of lawless violence in Mindanao.

“Together with Memorandum No. 3, this means [security forces] can still implement curfews, establish checkpoints. Our security forces will still be able to accurately respond to the threats,” Adiong said.

Memorandum No. 3 mandates the Department of National Defense and the Department of the Interior and Local Government to coordinate the immediate deployment of additional forces of the Armed Forces and the police to “suppress lawless violence and acts of terror in Mindanao and prevent such violence from spreading and escalating elsewhere in the country.”

No warrantless arrest

Adiong, however, said that the lifting of martial law in Mindanao was significant since it meant that the suspension of the writ of habeas corpus or warrantless arrests of suspected rebels and terrorists would no longer be allowed.

He said Mindanao could now rebuild its reputation and economy, which both took a deep hit due to the declaration of martial law dating back May 2017 to suppress rebels from the ranks of the extremists Maute group.

“The suspension of the writ of habeas corpus cannot be observed anymore. The perception on Mindanao... There has really been a sacrifice and it had an impact on the economy of the region," Adiong said.

"Of course, if you have a business, you would not invest in an area without a stable peace and order situation,” he added.

“They cannot simply put money in an area where there will be a change of rules in the middle of the ballgame,” Adiong said.

With the new Bangsamoro Administrative Region in place, Adiong expressed confident that peace and development is within reach.

"The Bangsamoro Region and the BTA are already peace mechanisms; platforms where we can work on countering violent elements and respond to threats effectively. We have to localize our efforts to identify vulnerable areas,” Adiong said.

“The Bangsamoro Region is now a partner of the national government [in responding to threats],” he added.

President Duterte declared martial law in Mindanao in May 2017 when government forces and Maute group bandits clashed.

Government authorities were trying to serve arrest warrants against bandit leader Isnilon Hapilon when violence eruted.

The bandits attacked Marawi City, taking hostages, destroying communities, killing non-Muslims and battling government troops with relentless sniper fire for five months.

Under the 1987 Constitution, the President may only declare martial law in cases of rebellion, invasion or if public safety requires it.

Congress may extend or cut short such declaration.

In addition, the implementation of martial law allows authorities to arrest suspected rebels or criminals without a warrant and charge them within three days.

Should the authorities fail to charge these suspects within three days, these suspects must be freed. —NB, GMA News