Proclamation No. 216

{{further|Battle of Marawi}}

File:Martial law in Mindanao 2017 doc.jpg

At 10:00 p.m. PST (UTC+08:00) on May 23, 2017, amid a Maute group-related escalation of conflicts in Mindanao as well as recent clashes in Marawi between the Armed Forces of the Philippines and the Islamist group, Philippine President Rodrigo Duterte placed the whole of Mindanao, including Basilan, Sulu, and Tawi-Tawi, under martial law.{{Cite news|url=http://news.abs-cbn.com/news/05/23/17/duterte-declares-martial-law-in-mindanao|title=Duterte declares Martial Law in Mindanao|work=ABS-CBN News|access-date=May 23, 2017|language=en-US}} The proclamation was announced during a press briefing held in Moscow, where Duterte was on an official visit; the state of martial law will be in effect for 60 days. Presidential Spokesperson Ernesto Abella said the declaration was possible given the "existence of rebellion," while Foreign Secretary Alan Peter Cayetano explained that the step was taken with "the safety, the lives and property of people of Mindanao" in mind.{{Cite news|url=http://www.rappler.com/nation/170745-philippines-duterte-declares-martial-law-mindanao|title=Duterte declares martial law in Mindanao|work=Rappler|access-date=May 24, 2017|language=en}} Implementation is to be pursuant to the 1987 Constitution, which provides for a maximum 60-day-state of martial law without Congress approval for extension, the continuation of government functions, and the safeguard of individual freedoms. However, Duterte insisted that it will not be any different from martial law under President Ferdinand Marcos.{{Cite news|url=http://www.rappler.com/nation/170759-duterte-martial-law-no-different-marcos|title=Duterte says his martial law to be similar to Marcos time|work=Rappler|access-date=May 24, 2017|language=en}}

While the declaration does not currently affect citizens and government units in Luzon or the Visayas, Duterte suggested that he might extend the suspension of the privilege of the writ of habeas corpus to Visayas{{cite news|last1=Bacungan|first1=VJ|title=Duterte suspends privilege of writ of habeas corpus in Mindanao|url=http://cnnphilippines.com/news/2017/05/24/president-duterte-suspend-privilege-writ-of-habeas-corpus-mindanao.html|work=CNN Philippines|date=May 25, 2017|access-date=May 27, 2017|archive-date=May 27, 2017|archive-url=https://web.archive.org/web/20170527013927/http://cnnphilippines.com/news/2017/05/24/president-duterte-suspend-privilege-writ-of-habeas-corpus-mindanao.html|url-status=dead}} and martial law to the entire country if needed to "protect the people."{{Cite news|url=https://www.bbc.com/news/world-asia-40024120|title=Philippine President Duterte eyes nationwide martial law|date=May 24, 2017|work=BBC News|access-date=May 24, 2017|language=en-GB}}

Congress approved of a resolution supporting the measure on May 31, 2017.{{cite news|last1=Avendaño|first1=Christine|last2=Yap|first2=DJ|title=Martial law gets Congress OK|url=http://newsinfo.inquirer.net/901512/martial-law-gets-congress-ok|access-date=October 26, 2017|newspaper=Philippine Daily Inquirer|date=June 1, 2017}}

On July 23, 2017, lawmakers voted 261–18 (with no abstention among those present) in favor of the President Rodrigo Duterte's request to give extension to Proclamation Order No. 216 during a special joint session of the House of Representatives and the Senate. This extension was valid until December 31, 2017.{{cite news|last1=Santos|first1=Eimor|last2=Garcia|first2=Pia|title=Congress grants Duterte's request to extend martial law in Mindanao until end of year|url=http://cnnphilippines.com/news/2017/07/22/Congress-votes-martial-law-extension-Duterte.html|access-date=July 23, 2017|work=CNN Philippines|date=July 22, 2017|archive-date=July 22, 2017|archive-url=https://web.archive.org/web/20170722102744/http://cnnphilippines.com/news/2017/07/22/Congress-votes-martial-law-extension-Duterte.html|url-status=dead}}{{cite news|last1=Yap|first1=DJ|last2=Uy|first2=Jocelyn|last3=Salaverria|first3=Leila|title=Congress votes to extend martial law|url=http://newsinfo.inquirer.net/916245/congress-votes-to-extend-martial-law|access-date=July 23, 2017|newspaper=Philippine Daily Inquirer|date=July 23, 2017}}{{cite news|last1=Cepeda|first1=Mara|title=Congress extends martial law to December 31|url=http://www.rappler.com/nation/176345-congress-extend-martial-law-december|access-date=July 23, 2017|work=Rappler|date=July 22, 2017}}

The majority number required for the approval of martial law is at 158 of the 314 members of Congress.

Under the Constitution, the President can declare martial law for an initial period of 60 days and ask for its extension in case of rebellion, invasion or when public safety requires it.{{Cite news|url=http://www.manilatimes.net/update-2-congress-votes-extend-martial-law-mindanao-dec-31-2017/339879/|title=UPDATE 2: Congress votes to extend martial law in Mindanao until Dec. 31, 2017 – The Manila Times Online|work=The Manila Times|language=en-US|access-date=July 22, 2017}}{{cite news|title= Congress Extends Martial Law in Mindanao Until End of 2017 – Sunstar Daily Online|url=http://www.sunstar.com.ph/manila/local-news/2017/07/22/congress-extends-martial-law-mindanao-until-end-2017-554325|access-date=July 22, 2017|work=Sun.Star Cebu|date=July 22, 2017}}

The incumbent Senators who voted for NO are as follows:{{cite news|title= LIST: How the 17th Congress voted on the martial law extension|url=http://www.rappler.com/nation/176378-how-17th-congress-voted-mindanao-martial-law-extension|work=Rappler|date=July 22, 2017}}

{{Columns-list|colwidth=30em|

1. Bam Aquino
2. Franklin Drilon
3. Risa Hontiveros
4. Francis Pangilinan

}}

The incumbent Representatives who voted for NO are as follows:

{{Columns-list|colwidth=30em|

1. Gary Alejano (Magdalo)
2. Lito Atienza (Buhay)
3. Teddy Baguilat (Ifugao Lone District)
4. Jose Christopher Belmonte (Quezon City 6th District)
5. Gabriel Bordado (Camarines Sur 3rd District)
6. Arlene Brosas (Gabriela Women's Party)
7. Ariel Casilao (Anakpawis)
8. France Castro (ACT Teachers)
9. Emmi de Jesus (Gabriela Women's Party)
10. Sarah Elago (Kabataan)
11. Edcel Lagman (Albay 1st District)
12. Antonio Tinio (ACT Teachers)
13. Tom Villarin (Akbayan)
14. Carlos Isagani Zarate (Bayan Muna)

}}

The incumbent Senators who were ABSENT are as follows:{{cite news|title= Congress extends martial law until December 31|url=http://www.philstar.com/headlines/2017/07/23/1720699/congress-extends-martial-law-until-december-31|work=The Philippine Star|date=July 22, 2017}}

{{Columns-list|colwidth=30em|

1. Nancy Binay
2. Leila de Lima (detained)
3. Antonio Trillanes

}}

{{Infobox court case

|name = Lagman et al. vs. Senate President Pimentel et al

|court = Supreme Court of the Philippines

|image =

|imagesize =

|imagelink =

|imagealt =

|caption =

|full name = {{Collapsible list| title = List (4) |bullets=on[|Rep. Edcel C. Lagman et al v. Senate President Aquilino Pimentel III et al.|Eufemia Campos Cullamat et al. v. President Rodrigo Duterte et al. |Loretta Ann Pargas-Rosales, et al. v. Executive Secretary Salvador C. Medialdea, et al.|Christian S. Monsod, et al. v. Senate President Aquilino Pimentel III et al.]}}

|date decided = {{start date|2018|02|6}}

|citations = {{unbulleted list| G.R. No. 235935|G.R. No. 236061|G.R. No. 236145|G.R. No. 236155}}

|ECLI =

|transcripts =

|judges = Maria Lourdes Sereno, Antonio Carpio, Presbitero Velasco, Teresita De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Estela Perlas-Bernabe, Marvic Leonen, Francis Jardeleza, Alfredo Benjamin Caguioa, Samuel Martires, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo

|number of judges = 15

|decision by = Justice [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935.pdf Noel Tijam]

|concurring = Justices Tijam, [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_velasco.pdf Velasco, Jr.], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_decastro.pdf De Castro], Peralta, [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_bersamin.pdf Bersamin], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_delcastillo.pdf Del Castillo], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_bernabe.pdf Perlas-Bernabe], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_martires.pdf Martires], Reyes Jr. and [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_gesmundo.pdf Gesmundo]

|dissenting = Chief Justice [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_sereno.pdf Sereno] and Justices [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_carpio.pdf Carpio], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_leonen.pdf Leonen], [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_jardeleza.pdf Jardeleza] and [http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/february2018/235935_caguioa.pdf Caguioa]

|concur/dissent =

|prior actions =

|appealed from =

|appealed to =

|subsequent actions =

|related actions =

|QuestionsPresented = Constitutionality of the extension of the proclamation of martial law and suspension of the privilege of the writ of habeas corpus in the entire Mindanao for one year

|opinions =

|keywords =

|italic title = no

}}

On December 13, 2017, a special joint session of the House of Representatives and the Senate was held in order to respond to President Rodrigo Duterte's request to extend the declaration of martial law in Mindanao until December 31, 2018. In his letter addressed to the Congress, President Duterte cited the remaining threats of ISIS-inspired terrorist groups. Congress voted 240–27 (14–4 from the Senate, 226–23 from the House) in favor of the second extension.{{cite news|last1=Viray|first1=Patricia Lourdes|title=Congress approves one-year martial law extension in Mindanao|url=http://beta.philstar.com/headlines/2017/12/13/1768028/congress-approves-one-year-martial-law-extension-mindanao|access-date=January 8, 2018|work=The Philippine Star|date=December 13, 2017|archive-date=January 11, 2018|archive-url=https://web.archive.org/web/20180111100713/http://beta.philstar.com/headlines/2017/12/13/1768028/congress-approves-one-year-martial-law-extension-mindanao|url-status=dead}}

Four petitions were filed before the Philippine Supreme Court questioning the year-long extension of martial law in Mindanao.{{Cite news|url=http://newsinfo.inquirer.net/959954/sc-consolidates-four-petitions-vs-martial-law-extension-martial-law-mindanao-sc-petitions|title=SC consolidates four petitions vs martial law extension|last=Leonen|first=Julius N.|date=January 13, 2018|newspaper=Philippine Daily Inquirer|access-date=May 11, 2018|language=en}} Among the petitioners were one of the framers of the 1987 Philippine Constitution Christian Monsod, a former Commission on Elections chairperson, and opposition lawmakers.{{Cite news|url=https://www.philstar.com/headlines/2018/01/11/1776473/what-petitioners-vs-martial-law-will-argue-supreme-court|title=What petitioners vs martial law will argue before the Supreme Court|last=Patag|first=Kristine Joy|date=January 11, 2018|work=The Philippine Star|access-date=May 11, 2018}} Petitioners contended that the extension lacked factual basis, citing government reports that Marawi City had been liberated.{{Cite news|url=http://cnnphilippines.com/news/2018/02/10/dissenting-SC-justices-martial-law-Mindanao.html|title=Dissenting SC justices: No need for martial law in Mindanao|last=Bacungan|first=VJ|date=February 10, 2018|work=CNN Philippines|access-date=May 11, 2018|language=en|archive-date=May 12, 2018|archive-url=https://web.archive.org/web/20180512112638/http://cnnphilippines.com/news/2018/02/10/dissenting-SC-justices-martial-law-Mindanao.html|url-status=dead}}

On December 5, 2017, the Supreme Court voted 10-3-1 upholding the implementation of martial law in Mindanao,{{Cite news|url=http://cnnphilippines.com/news/2017/12/05/Supreme-Court-martial-law-Mindanao.html|title=Supreme Court upholds ruling on declaration of martial law in Mindanao|date=December 5, 2017|work=CNN Philippines|access-date=May 11, 2018|language=en|archive-date=May 12, 2018|archive-url=https://web.archive.org/web/20180512101332/http://cnnphilippines.com/news/2017/12/05/Supreme-Court-martial-law-Mindanao.html|url-status=dead}} with Supreme Court Justice Noel Tijam saying that the extension was necessary because of persisting rebellion.{{Cite news|url=http://cnnphilippines.com/news/2018/02/10/dissenting-SC-justices-martial-law-Mindanao.html|title=Dissenting SC justices: No need for martial law in Mindanao|date=February 10, 2018|work=CNN Philippines|access-date=May 11, 2018|language=en|archive-date=May 12, 2018|archive-url=https://web.archive.org/web/20180512112638/http://cnnphilippines.com/news/2018/02/10/dissenting-SC-justices-martial-law-Mindanao.html|url-status=dead}} Dissenting opinion by Supreme Court Associate Justice Marvic Leonen stated that the re-extension of martial law "enables the rise of an emboldened authoritarian."{{Cite news|url=https://www.rappler.com/nation/195728-martial-law-leonen-dissenting-opinion-supreme-court|title=SC martial law ruling 'enables rise of an emboldened authoritarian' – Leonen|last=Buan|first=Lian|date=February 10, 2018|work=Rappler|access-date=May 11, 2018|language=en}}

During a joint session of the Senate and the House of Representatives on December 12, 2018, Congress voted to grant a third extension of martial law in Mindanao until end of 2019 upon the request of President Rodrigo Duterte.{{Cite web|date=December 12, 2018|title=Congress grants third extension of Mindanao martial law until end of 2019|url=https://cnnphilippines.com/news/2018/12/12/Congress-Mindanao-martial-law-extension-Duterte.html|access-date=August 21, 2021|website=CNN|language=en|archive-date=August 21, 2021|archive-url=https://web.archive.org/web/20210821035637/https://cnnphilippines.com/news/2018/12/12/Congress-Mindanao-martial-law-extension-Duterte.html|url-status=dead}} In the Senate, 12 voted yes in favor of the extension and 5 voted no, with one abstention. In the House of Representatives, 223 voted yes while 23 voted no.

Groups that included Congress representatives Edcel Lagman and Carlos Zarate, constitutionalist Christian Monsod, and Lumad students and teachers represented by human rights lawyer Chel Diokno filed a total of four petitions before the Supreme Court questioning the validity of the extension.{{Cite web|date=January 19, 2019|title=Martial law 3rd extension: What new arguments will SC discuss?|url=https://www.rappler.com/nation/list-new-arguments-supreme-court-mindanao-martial-law-3rd-extension|access-date=August 21, 2021|website=Rappler|language=en}}{{Cite web|last=Buan|first=Lian|date=January 23, 2019|title=Lumad to Supreme Court: End attacks, end martial law|url=https://www.rappler.com/nation/lumad-file-petition-supreme-court-stop-3rd-mindanao-martial-law-extension|access-date=August 21, 2021|website=Rappler|language=en}}

On February 19, 2019, the Supreme Court voted 9–4 to dismiss the petitions and uphold the constitutionality of the third extension of martial law in Mindanao.{{Cite web|last=Buan|first=Lian|date=February 19, 2019|title=Supreme Court upholds 3rd extension of Mindanao martial law|url=https://www.rappler.com/nation/supreme-court-decision-3rd-extension-mindanao-martial-law|access-date=August 21, 2021|website=Rappler|language=en}}

The state of martial law ended with the third extension lapsing by the end of 2019, 953 days after it was first declared.{{Cite web|last=Cigaral|first=Ian Nicolas|date=January 1, 2020|title=Martial law in Mindanao ends after 953 days|url=https://www.philstar.com/headlines/2020/01/01/1981218/martial-law-mindanao-ends-after-953-days|access-date=August 21, 2021|website=Philstar}} It was described as the "Philippines' longest period of military rule since the draconian regime of late dictator Ferdinand Marcos."

President Duterte's declaration of martial law in the entire Mindanao region was met with polarized views from the citizens with some reports indicating mixed reactions.{{cite news|url=http://www.rappler.com/technology/social-media/170749-martial-law-mindanao-netizens-reactions |title=Netizens terrified or trusting of martial law in Mindanao |work=Rappler|date=May 14, 2017 |access-date=May 25, 2017}} A Social Weather Station survey conducted in September 2017 indicated that majority (54%) of Filipinos were in favor of extending martial law beyond 2017.{{cite news|url=http://www.gmanetwork.com/news/news/nation/632794/majority-of-filipinos-still-favor-extended-mindanao-martial-law-sws-survey/story/ |title=Majority of Filipinos still favor extended Mindanao martial law —SWS survey |work=GMA News|date=November 11, 2017}}

Senator Manny Pacquiao said "I fully support the declaration of martial law in Mindanao by President Rodrigo Duterte. I believe this is timely and necessary in the light of political turmoil perpetrated by the Moro extremists in Marawi City." Senators Antonio Trillanes IV and Bam Aquino, on the other hand, questioned President Duterte's declaration of martial law in Mindanao. According to former President Fidel Ramos, "the martial law that is bound to happen could be more harmful" (compared to Ferdinand Marcos's time).{{cite news|url=https://www.youtube.com/watch?v=xUszP7nOb5w|title=Ramos fears 'more harmful' martial law under Duterte|date=May 26, 2017|work=Rappler}}

On May 30, 2017, the majority bloc of the Senate adopted a resolution expressing support for President Duterte's declaration of martial law in Mindanao, saying that the proclamation is required for public safety while at the same time clarifying the operation of the 1987 Constitution. The resolution passed the Senate in a 17–5 vote. The opponents of the resolution, all minority bloc senators, filed another resolution calling for a joint session of Congress to decide on the proclamation.{{cite news|last1=Avendaño|first1=Christine|title=17 senators express support for Duterte's martial law|url=http://newsinfo.inquirer.net/901100/17-senators-express-support-for-dutertes-martial-law|access-date=May 30, 2017|newspaper=Philippine Daily Inquirer|date=May 30, 2017}} Their resolution failed the Senate in a 12–9 vote.{{cite news|last1=Lardizabal|first1=Cecille|title=Senate backs martial law, junks call to convene joint session|url=http://cnnphilippines.com/news/2017/05/30/Senate-junks-joint-session-martial-law.html|access-date=May 30, 2017|work=CNN Philippines|date=May 30, 2017|archive-date=May 30, 2017|archive-url=https://web.archive.org/web/20170530164322/http://cnnphilippines.com/news/2017/05/30/Senate-junks-joint-session-martial-law.html|url-status=dead}}

Catholic bishops in Mindanao believe that President Duterte's declaration of martial law in the region should only be temporary. Cardinal Orlando Quevedo, the Archbishop of Cotabato, said that the Church is aware of the declaration's necessity to solve issues of peace and order and that the Church does not have "solid and sufficient" facts to protest the declaration as "morally reprehensible". He urged the Mindanaoan people to remain calm but vigilant as to ensure that the implementation of martial law would not be abused. Quevado added that the Church is prepared to fully condemn the declaration of martial law "if it goes in the way of evil."{{cite news|last1=Valente|first1=Catherine|title=Mindanao bishops 'not against' martial law|url=http://www.manilatimes.net/mindanao-bishops-not-martial-law/329635/|access-date=June 1, 2017|work=The Manila Times|date=May 27, 2017}}{{cite news|last1=Aurelio|first1=Julie|title=Bishops neutral on martial law, but…|url=http://newsinfo.inquirer.net/900236/bishops-neutral-on-martial-law-but|access-date=June 1, 2017|newspaper=Philippine Daily Inquirer|date=May 28, 2017}} Ozamis Archbishop Martin Jumoad supports the declaration of martial law, but believes that there should be a "mechanism" to ensure that the implementation would not violate human rights.{{cite news|last1=Rosauro|first1=Ryan|title=Mindanao bishops throw support behind Martial Law|url=http://www.sunstar.com.ph/cagayan-de-oro/local-news/2017/05/28/mindanao-bishops-throw-support-behind-martial-law-544316|access-date=June 1, 2017|work=Sun.Star|date=May 28, 2017}}

Muslim groups have expressed support for the imposition of martial law, with some, such as the chairman of the Metro Manila Muslim Community for Justice and Peace, calling for its extension.{{Cite web|last=Orellana|first=Faye|date=July 28, 2019|title=Muslim group chair wants Mindanao martial law extended|url=https://newsinfo.inquirer.net/1147297/muslim-group-chair-wants-mindanao-martial-law-extended|access-date=April 19, 2021|website=INQUIRER.net|language=en}} A group of lawyers from the Philippine Muslim Society planned to oppose before the Supreme Court the president's declaration of martial law in Mindanao.{{cite news|work=CNN Philippines|url=http://cnnphilippines.com/news/2017/05/24/Martial-law-Philippines-Duterte.html|title=EXCLUSIVE: Muslim lawyers to challenge martial law declaration before Supreme Court|access-date=May 25, 2017|archive-date=September 30, 2018|archive-url=https://web.archive.org/web/20180930154853/http://cnnphilippines.com/news/2017/05/24/Martial-law-Philippines-Duterte.html|url-status=dead}}

Philippine financial markets weakened in early trading on March 24, 2017, as the Philippine Stock Exchange Composite Index (PSEi) was down 0.42 percent to 7,779.73, before rallying to close at 7,837.82, up by 0.33 percent or 25.68 points, which a trader attributed to investors remaining positive on the domestic market despite the developments in Mindanao.{{cite news|url=http://www.interaksyon.com/psei-up-peso-weakens-after-martial-law-declaration-in-mindanao/ |title=PSEi up, Peso weakens after martial law declaration in Mindanao |newspaper=Interaksyon |author=Villanueva, J.S. |date=May 24, 2017 |access-date=May 27, 2017}}{{cite news|url=http://news.abs-cbn.com/business/05/24/17/marawi-fighting-stirs-uncertainty-in-financial-markets |title=Marawi fighting stirs uncertainty in financial markets|work=ABS-CBN News|date=May 24, 2017 |access-date=May 25, 2017}}

Investors were closely monitoring closely how Duterte will use martial law to fight the long-running extremist problem in the south, analysts said. BPI Securities research head Haj Narvaez told Cathy Yang on ANC's Market Edge that the incident caused uncertainties that had investors making more conservative decisions. Narvaez projected "some downward pressure" in the next 1 to 2 weeks and said that investors will assess if the situation in Mindanao can be controlled. Tycoon and philanthropist Washington SyCip said the President cutting short a foreign visit due to security worries was "not the publicity that we need. I think worldwide, the word martial law is not the best thing."

Amid fighting in Marawi and fears of martial law, numerous overseas tourists cancelled hotel and resort bookings in the Visayas region.{{cite news|last1=Lato|first1=Cris Evert|title=Tourists cancel bookings in PH|url=http://newsinfo.inquirer.net/900412/tourists-cancel-bookings-in-ph|newspaper=Philippine Daily Inquirer|date=May 29, 2017}}

The Department of National Defense issued a guidance to the Armed Forces of the Philippines and its attached bureaus regarding the proper implementation of martial law in Mindanao.{{cite news|url=https://newsinfo.inquirer.net/899475/dnd-issues-martial-law-memo-to-troops-in-mindanao |title=DND issues 'martial law memo' to troops in Mindanao |newspaper=Philippine Daily Inquirer|author=Mangosing, F. |date=May 25, 2017 |access-date=May 26, 2017}} The memorandum states:

{{quotation|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 and agencies over civilian where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.}}

{{quotation|In this connection, the AFP and all bureaus and agencies of this Department are hereby enjoined that the rule of law and human rights should prevail in the place or part of the Philippines where the Martial Law was declared and effective.}}

{{quotation|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.}}

{{quotation|DND bureaus and agencies involved in humanitarian activities are hereby enjoined to institute appropriate action on those affected and displaced persons by providing adequate assistance in coordination with other government agencies.}}

On May 25, 2017, after authorities received information on the presence of unidentified and suspicious-looking persons, around 250 individuals have been rounded up in the barangays of Bucana and Mini-Forest in Davao City as "persons of interest" for not being able to present proof of identification. According to Davao City Police Office Senior Supt. Alexander Tagum, they were at DPCO headquarters to undergo "a verification process" and were not under arrest. He said their operation is part of their efforts to prevent the entry of terrorists in one of Mindanao's biggest cities.{{cite news|last1=Tesiorna|first1=Ben|title=Authorities round up 250 persons of interest in Davao|url=http://cnnphilippines.com/regional/2017/05/25/authorities-250-persons-of-interest-davao.html|work=CNN Philippines|date=May 25, 2017|access-date=May 26, 2017|archive-date=July 22, 2017|archive-url=https://web.archive.org/web/20170722120141/http://cnnphilippines.com/regional/2017/05/25/authorities-250-persons-of-interest-davao.html|url-status=dead}}

On Friday, May 26, 2017, the Armed Forces of the Philippines stated that it would censor the press and social media to ensure security across Mindanao, and warned that violators would be arrested.{{cite web|url=https://www.yahoo.com/news/philippine-military-flags-martial-law-censorship-005831854.html|title=Philippine military flags martial law censorship|date=May 26, 2017|publisher=Agence France-Presse|access-date=May 26, 2017|archive-date=December 11, 2019|archive-url=https://web.archive.org/web/20191211005612/https://www.yahoo.com/news/philippine-military-flags-martial-law-censorship-005831854.html|url-status=dead}} According to military spokesman Brigadier General Restituto Padilla, "We'll exercise the right to censure, (sic)" and that it would be based on 3 conditions: to ensure the safety of lives, to ensure operational security and to ensure the safety of men in uniform who are fighting, and for other national security considerations.{{cite news|url=http://www.gmanetwork.com/news/news/nation/612247/afp-to-censure-media-social-media-over-security-considerations/story/|title=AFP to exercise 'right to censure' over security considerations|date=May 26, 2017|work=GMA News}}

"Kaya ngayon umaapela kami maaga pa lang na i-exercise 'nyo ang common sense, na 'pag alam ninyo na ito'y nakakasama at hindi nakakatulong, 'wag 'nyo na 'ho i-post. Baka minsan na lang, kakatukin na lang kayo ng pulis at aarestuhin kayo,"{{cite news|url=https://www.youtube.com/watch?v=9HFUCpjhJsw|title=Video Interview: AFP to 'exercise right to censure' under martial law|date=May 26, 2017|work=Rappler}} (This early, we're appealing to the public to exercise their common sense. If you know that what you're posting does harm and does not help, don't post it. You might just find the police knocking on your door to arrest you.) according to Padilla.{{cite news|url=http://www.rappler.com/nation/171029-afp-martial-law-censorship|title=AFP to 'exercise right to censure' under martial law|author=Bea Cupin|date=May 26, 2017|work=Rappler}}

Likewise, the Philippine National Police in Davao region (Police Regional Office 11, or PRO-11) stated that the right to form a public assembly such as protests or rallies against the government would be curtailed with the declaration of Martial Law in Mindanao. PRO-11 said that leaders and organizers of groups that will stage protests or rallies would be arrested if caught making a public nuisance.{{cite news|last1=Lopez|first1=Alex D.|title=Be warned: Davao police to arrest protesters in line with ML declaration|url=http://davaotoday.com/main/politics/be-warned-davao-police-to-arrest-protesters-in-line-with-ml-declaration/|publisher=Davao Today|date=May 26, 2017}}

On the same Friday, Duterte took responsibility for the actions of soldiers in Mindanao, stating "If you go down, I go down. But for this martial law and the consequences of martial law and the ramifications of martial law, I and I alone would be responsible. Trabaho lang kayo. Ako na ang bahala. Ako na ang magpakulong sa inyo (Just do your job. I will take care of things. I'll be the one to be imprisoned for you)".

He then joked that soldiers would be free to rape and that he would be the one to go to jail for it. "Pag naka-rape ka ng tatlo, aminin ko na akin iyon," (If you were to rape three, I'll admit that it was mine) according to Duterte.{{cite news|last1=Macas|first1=Trisha|title=Duterte backs soldiers under martial law, jokes, 'Maka-rape ka, akin yun'|url=http://www.gmanetwork.com/news/news/nation/612266/duterte-backs-soldiers-under-martial-law-jokes-maka-rape-ka-akin-yun/story/|work=GMA News|date=May 26, 2017}}{{cite news|last1=De Jesus|first1=Julliane Love|title=Duterte told: 'Rape a heinous crime, never a laughing matter'|url=http://newsinfo.inquirer.net/900121/duterte-told-rape-a-heinous-crime-never-a-laughing-matter|newspaper=Philippine Daily Inquirer|date=May 27, 2017}}

Amidst outrage from citizens, women's groups,{{cite news|title=Group says rape not a laughing matter, cites cases 'involving' soldiers|url=http://www.gmanetwork.com/news/news/nation/612361/group-says-rape-not-a-laughing-matter-cites-cases-involving-soldiers/story/|work=GMA News|date=May 27, 2017}} human rights groups,{{cite news|last1=Gavilan|first1=Jodesz|title=CHR to Duterte: Rape is never a joke|url=http://www.rappler.com/nation/171209-commission-human-rights-duterte-rape-joke|work=Rappler|date=May 28, 2017}} and personalities like Chelsea Clinton{{cite news|title=Philippines' Duterte under fire for second rape joke|url=https://www.bbc.com/news/world-asia-40072315|work=BBC News|date=May 27, 2017}} and Senator Risa Hontiveros, Malacañang Presidential Spokesman Ernesto Abella defended Duterte's rape joke as "heightened bravado".{{cite news|title=Palace defends Duterte's rape joke as 'heightened bravado'|url=http://www.rappler.com/nation/171151-palace-defends-duterte-rape-joke-bravado|agency=Agence France-Presse|work=Rappler|date=May 28, 2017}} Senator Manny Pacquiao, likewise defended Duterte by stating "Just because he is the President, he can't crack jokes anymore?"{{cite news|title=Clinton daughter, others slam rape joke: 'Not funny. Ever'|url=https://newsinfo.inquirer.net/900206/clinton-daughter-others-slam-rape-joke-not-funny-ever|newspaper=Philippine Daily Inquirer|date=May 28, 2017}} In turn, Duterte defended himself, saying he was speaking sarcastically about rape and it was not a joke.{{cite news|title=Philippines' Duterte uses Lewinsky affair to hit back at critical Clinton|url=https://www.reuters.com/article/us-philippines-duterte-idUSKBN18R1BT|work=Reuters|date=May 31, 2017}} He then took aim at Chelsea Clinton and questioned whether she was just as outraged by her father, Bill Clinton's affair with Monica Lewinsky.

On Saturday, May 27, 2017, Duterte vowed that he would ignore Congress and the Supreme Court on the duration limits of martial law. He said: "Hanggang hindi sinabi ng pulis pati Armed Forces na safe na ang Philippines, this martial law will continue. Hindi ako makinig sa iba. 'Yang Supreme Court, 'yang mga congressmen, wala naman sila dito. Bakit, sila ba ang nagpapakamatay? Sila ba ang naghirap dito? Sila ba 'yung – have they suffered the wounds of war? Sila ba 'yung nagtitiis?" (Until the police and the Armed Forces say the Philippines is already safe, this martial law will continue. I won't listen to others. The Supreme Court, the congressmen, they're not here. Why, are they the ones risking their lives? Are they the ones suffering here? Are they – have they suffered the wounds of war? Are they the ones enduring this battle?){{cite news|title=Duterte: Only AFP, PNP can tell me to end martial law|url=http://www.rappler.com/nation/171240-philippines-duterte-only-afp-pnp-end-martial-law|work=Rappler|date=May 28, 2017}}{{cite news|title=Duterte 'won't listen' to Congress, SC on ML|url=http://www.philstar.com:8080/headlines/2017/05/29/1704646/duterte-wont-listen-congress-sc-ml|work=The Philippine Star|date=May 29, 2017}}{{cite news|title=Duterte vows to ignore Supreme Court on martial law|url=http://www.gmanetwork.com/news/news/nation/612409/duterte-vows-to-ignore-supreme-court-on-martial-law/story/|agency=Agence France-Presse|work=GMA News|date=May 28, 2017}}

File:PCOO Martial Law Propaganda Video Screen Capture.png

On May 31, 2017, the Presidential Communications Operations Office (PCOO) released a cartoon video with the hashtag #DefendRepublic promoting Martial Law on the Internet via its official Twitter and Facebook accounts.{{cite news|last1=Barreiro|first1=Victor|title=LOOK: Palace defends martial law in new social media video|url=http://www.rappler.com/technology/social-media/171544-palace-defends-martial-law-social-media-video|work=Rappler|date=May 31, 2017}}{{cite web|title=PCOO Martial Law Propaganda Video|url=https://twitter.com/PresidentialCom/status/869841252321300481/video/1|website=Official Twitter Account of the Presidential Communications Operations Office|publisher=Presidential Communications Operations Office|access-date=May 31, 2017}} {{dead link|date=March 2018|fix-attempted=yes|bot=TweetCiteBot}} In it, a fearful boy is seen holding a shield with the words "Martial Law" inscribed on it, as silhouettes of professional-looking soldiers labeled "Extremist" march upon him, while a voiceover narrates:{{cite web|title=Mirror of PCOO Martial Law Propaganda Video|url=https://streamable.com/ajua2|website=Streamable|publisher=Philippine Presidential Communications Operations Office|access-date=May 31, 2017}}

{{quotation|In the free society, there are groups who don't want to give independence. They are adamant on detaining peaceful spirits. They are distressing feelings with fears. Let us not allow them to terrify us. We will all fight in unity. Martial law should be the rule of the land. Martial law, Now.{{cite news|title=Palace video: Martial law should be the rule of the land|url=http://news.abs-cbn.com/news/05/31/17/palace-video-martial-law-should-be-the-rule-of-the-land|work=ABS-CBN News|date=June 1, 2017}}{{cite news|title=PANOORIN: Kontrobersyal na binurang martial law video ng PCOO|url=http://www.philstar.com/bansa/2017/06/01/1705707/panoorin-kontrobersyal-na-binurang-martial-law-video-ng-pcoo|work=The Philippine Star|date=June 1, 2017}}}}

The video was derided by netizens{{cite news|last1=Imperio|first1=Christian|title=Martial law video ng PCOO, inulan ng batikos|url=http://www.philstar.com/bansa/2017/06/01/1705699/martial-law-video-ng-pcoo-inulan-ng-batikos|work=The Philippine Star|date=June 1, 2017}} and senators due to its content, grammar and poor graphics and message that Martial Law should be treated as "the new normal", as well as for being a waste of taxpayer money.{{cite news|title=Video diumano ng PCOO ukol sa martial law, umani ng samu't saring reaksyon|url=http://www.gmanetwork.com/news/video/stateofthenation/414412/video-diumano-ng-pcoo-ukol-sa-martial-law-umani-ng-samut-saring-reaksyon/video/|work=GMA News|date=June 1, 2017}} The video was deleted by the PCOO shortly thereafter{{cite news|title=Martial law now: Philippine president's communication office takes down propaganda video|url=http://www.straitstimes.com/asia/se-asia/martial-law-now-philippine-presidents-communication-office-takes-down-propaganda-video|newspaper=Straits Times|date=May 31, 2017}} and disowned by the palace.{{cite news|last1=Bolando|first1=AJ|title=Palace disowns deleted PCOO video promoting martial law|url=http://www.philstar.com/headlines/2017/06/01/1705710/palace-disowns-deleted-pcoo-video-promoting-martial-law|work=The Philippine Star|date=June 1, 2017}}

On May 25, 2017, the Communist Party of the Philippines called on its armed wing, the New People's Army, to "plan and carry out more tactical offensives across Mindanao and the entire archipelago" in response to the Philippine government's declaration of martial law.{{cite news|url=https://newsinfo.inquirer.net/899587/cpp-orders-npa-to-launch-more-attacks-in-mindanao-other-regions |title=CPP orders NPA to launch more attacks in Mindanao, other regions |newspaper=Philippine Daily Inquirer|author=Mangosing, F. |date=May 25, 2017 |access-date=May 28, 2017}} The party said that the "martial law imposition was made on narrow pretext of armed clashes in Marawi City between the AFP and Maute group," which the party referred to as a bandit group whose leaders, the party claim, "have known links with military officials." The CPP also called on Filipinos to fight the imposition of martial law in Mindanao and demand its immediate lifting.

Defense Secretary Delfin Lorenzana warned the New People's Army not to get involved with the Marawi crisis as he reiterated that the implementation of martial law in Mindanao will not target local communists.{{cite news|url=http://news.mb.com.ph/2017/05/28/dont-mess-with-marawi-city-crisis-lorenzana-warns-npa/ |title=Don't mess with Marawi City crisis, Lorenzana warns NPA |work=Manila Bulletin|author=Wakefield, F. |date=May 28, 2017 |access-date=May 28, 2017 |archive-url=https://web.archive.org/web/20170527175608/http://news.mb.com.ph/2017/05/28/dont-mess-with-marawi-city-crisis-lorenzana-warns-npa/ |archive-date=May 27, 2017}} Lorenzana said that martial law was declared to address radical Islamic terrorism and narco-terrorism in Mindanao according to the directives of the President and that they will fully comply with them. He urged the communists not to force the government's hand and to immediately stop all illegal activities and abide by the true spirit of the peace process.

Peace talks between the Government of the Philippines and the National Democratic Front in the Netherlands were suspended following these developments.{{cite news|url=http://news.abs-cbn.com/news/05/27/17/peace-talks-between-government-communists-suspended-anew |title=Peace talks between government, communists suspended anew |work=ABS-CBN News|author=Buenafe, D. |date=May 27, 2017 |access-date=May 28, 2017}} It was the second time that it was put on hold since the Duterte administration started negotiations with the communist rebels in 2016, with Presidential Peace Adviser Jesus Dureza saying the administration "will not proceed to participate in the scheduled fifth round of peace negotiations until such time as there are clear indications that an enabling environment conducive to achieving just and sustainable peace in the land shall prevail." Dureza cited the continuing attacks by the NPA and the communist leadership's order for its armed wing to "accelerate and intensify attacks against the government in the face of martial law in Mindanao."

Reports also surfaced during and after the Battle of Marawi, stating that six soldiers looted jewelry and cash from houses in the city.{{Cite news |date=October 31, 2017 |title=Soldiers under probe for alleged looting in Marawi |work=ABS-CBN News |url=https://news.abs-cbn.com/news/10/31/17/soldiers-under-probe-for-alleged-looting-in-marawi}}

• Martial law in the Philippines
• Proclamation No. 55
• Proclamation No. 1081

{{reflist|2}}

• [http://www.officialgazette.gov.ph/2017/05/23/proclamation-no-216-s-2017/ Officialgazette.gov.ph: Proclamation No. 216 − (23 May 2017)]
• [https://www.scribd.com/document/349486459/Martial-Law-Report-to-Congress Scribd.com: President Rodrigo Duterte's Martial Law Report to Congress]

{{Rodrigo Duterte}}

{{Moro conflict}}

Category:Emergency laws in the Philippines

Category:2017 in the Philippines

Category:2017 in law

Category:21st century in Mindanao

Category:Politics of the Moro conflict

Category:Legal history of the Philippines

Category:Siege of Marawi

Category:Political repression in the Philippines

Category:Duterte administration controversies

No. 216

Category:May 2017 in the Philippines

Category:2017 establishments in the Philippines

Category:Martial law in the Philippines