MANILA, Philippines — The declaration of martial law over Mindanao does not mean the automatic suspension of civil rights, not even of the privilege of the writ of habeas corpus, the Department of National Defense said.
This was explicitly stated in a memorandum issued Wednesday to Armed Forces chief of staff General Eduardo Ano and all bureaus and offices under the DND by Acting Undersecretary for Civil, Veterans and Retiree Affairs Eduardo del Rosario.
A copy of the memorandum was provided by Majority Leader Rodolfo Farinas, who said he obtained it from a DND “source.”
“Please be guided that the declaration of Martial Law in the island of Mindanao does not suspend the operation of the Constitution, nor supplement the functioning of the Philippine judicial and legislative assemblies, nor authorize the conferment of jurisdiction on military courts or agencies over civilian(s) where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus,” the memorandum said, quoting from Section 18, Article VII of the 1987 Constitution.
This part of Section 18, which deals with the presidential powers to declare martial law and suspend the privilege of the writ of habeas corpus, was also quoted by the Western Mindanao Command in a statement it issued Wednesday as an assurance its operations would comply with the law and respect human rights.
“In this connection, the AFP and all bureaus and agencies of the Department of National Defense are hereby enjoined that the rule of law and human rights should prevail in the place or part of the Philippines where Martial Law was declared and effective,” the DND memo said.
The memorandum also precluded warrantless arrests, a possibility that has worried rights advocates after it was floated by government officials soon after President Rodrigo Duterte declared the south under martial law.
“Any arrest, search and seizure executed or implemented in the area or place where Martial Law is effective, including the filing of charges, should comply with the Revised Rules of Court and applicable jurisprudence,” it said.
On Wednesday, upon arriving from Russia, President Rodrigo Duterte said the martial law he had declared in Mindanao “includes arrest without warrant and search without warrant.”
“The courts are open. You can always go to the court. But in Mindanao, the remedy of habeas corpus is not available for you. And I will detain you. It says 36 hours, that is only when everything is moot and you are only dealing with criminals and wrongdoers,” he said.
THE DND MEMORANDUM:
