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Day 1 of SC Arguments on Martial Law

Discussion in 'News and Weather' started by Rye83, Jun 14, 2017.

  1. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

    I think they should consider Muslim attacks as "rebellions" considering their end goal. What's the penalty for treason in the Philippines?
     
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  2. KINGCOLE

    KINGCOLE DI Senior Member Highly Rated Poster

    It is written into the constitution that the President can legally declare martial law for up to 60 days, without needing the consent of any other party. There are rules and procedures that the President must follow which limits his actions, to avert a repeat of abuses during martial law under Marcos. I believe much of what we see on TV is purely politics and has little to do the rebellion in Mawari, just another opportunity for Trillanes & Alejano to try and undermine Duterte.

    Section 18 of Article VII of our 1987 Constitution.
    “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”.

    Martial Law under the 1987 Constitution
     
  3. OP
    OP
    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

    I believe they are debating rather or not the incident/terrorist attack is an "invasion" or "rebellion". They are setting a legal precedent here. After thinking about it a bit more I'm not sure that calling terrorist attacks a rebellion would be such a good idea. We'll see what happens after the 60 days. If the problem is dealt with I think it would be best that martial law was lifted before the 60 days are up. That would help show that ML isn't being used as a power grab or abuse of power.

    I do feel that putting the entire island under ML is a bit overkill and strong handed (it is a very big island). It should only be used in the areas that are under direct attack.
     
  4. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

    Having the whole island under ML allowed the police to capture the mother of the Maute leaders near Davao. If members of the Maute run they can still be held.
    Question: when ML ends do they have to release people who have not been charged yet?
     
  5. OP
    OP
    Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

    Should people who haven't been charged with a crime be held indefinitely? IMO, absolutely not. This is where ML gets very dangerous. Holding people in prison without being charged with a crime will eventually be abused. Where does it stop?

    Say that your wife's brother joined a terrorist organization. Should the government be allowed to swoop in and arrest the entire family (and possibly you) forever because of association? What if you and your neighbor had a dispute and that neighbor happened to be well connected with the police....then they have you thrown in prison indefinitely because they say you are a terrorist (remember, they don't have to prove it in court). Sounds extreme but it's certainly not like it hasn't happened before in the Philippines. It is a very dangerous game to be played in a country with a culture that just loves corruption. If there is a way to abuse the law it absolutely will be abused in the Philippines.

    There is a better way to go about it. They are already breaking the law by operating and participating in a terrorist organization. You don't need ML to arrest people who have broken the law.
     
  6. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

    I agree BUT it is what it is And it will stay as it is:pompus: UNTIL.............:banghead:
     
  7. birdwatch

    birdwatch DI Forum Adept

    What worries me is if there's enough people power to overthrow ML when the time comes?
     
  8. Brian Oinks

    Brian Oinks That's Mr. Pig to you Boy! :) Highly Rated Poster

    From the translation of my Wife here who was watching the News when the mother was caught, the said mother was in possession of a LARGE cache of weapons... Definitely not a good indication/representation for the "Religion of Peace" IMHO... :shifty:
    Not splitting hairs here, but Rats who nest together get exterminated together if it were me pushing the button... :rolleyes:

    Latest News now is the Pres is taking time off, 4 days he has not been seen, sounds like it is all taking its toll...
    Palace says Duterte ‘taking time off to rejuvenate’
     
  9. Sedona

    Sedona DI Forum Adept

    What do you think is the likelihood that marshal law will be declared in the Visayas? (I'm assuming that it is not already)
     
  10. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

    It has been mooted at but not as yet, I tend to think Mr President will see what is happening around Areas of concern before he makes any more Moves ( but.........:bag:)
     
    • Agree Agree x 1
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