AFP awaits guidelines on martial law implementation

MANILA, Philippines -  The military is waiting for guidelines on how to implement martial law in Mindanao with the possible blessings of Congress.

The two major military commands in Mindanao, Eastern Mindanao Command (Eastmincom) and Western Mindanao Command (Westmincom), are waiting for the guidelines.

Meanwhile, troops enforcing martial law in Mindanao have been reminded to follow the rule of law and respect human rights.

Defense Undersecretary Eduardo del Rosario gave the reminder in a memorandum dated Wednesday, the first day of martial law in Mindanao, and addressed to the chief of the Armed Forces of the Philippines (AFP) and all offices under the Department of National Defense (DND).

“We are yet to get a written guidance as to how the declaration will translate to our operations on the ground, especially here at Western Mindanao, where all threat groups are present,” the Westmincom said in a statement.

Marawi City, where fighting broke out Tuesday between Islamic militants and government troops, is within the jurisdiction of Westmincom under Lt. Gen. Carlito Galvez Jr.

“As to the declaration of martial law in Mindanao, EMC is awaiting guidelines from the Armed Forces of the Philippines on how this will be implemented on the ground,” the Eastmincom said in a separate statement yesterday.

The Eastmincom is under Lt. Gen. Rey Leonardo Guerrero.

In the meantime, the two military commands heightened the alert levels in their respective areas of jurisdiction.

The Philippine Coast Guard (PCG), for its part, will conduct strict inspection of vessels coming into and leaving seaports in Mindanao.

The PCG said instruction had been issued that all ships inbound and outbound from any of the Mindanao seaports would be boarded and strictly inspected.  

At the time he issued the directive, Del Rosario was DND officer in charge (OIC), as Defense Secretary Delfin Lorenzana was with President Duterte in Moscow.

Del Rosario furnished the House of Representatives a copy of his memorandum, which congressmen led by House Majority Leader Rodolfo Fariñas released to the media.

Fariñas said Del Rosario’s memo was “reassuring.”

Del Rosario told all concerned under the defense-military establishment that Duterte’s proclamation of martial law does not suspend the operation of the Constitution, courts and legislative assemblies.

“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 martial law was declared and effective,” Del Rosario said.

“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,” he said.

Del Rosario also directed DND offices “to institute appropriate action on those affected and displaced persons by providing adequate assistance in coordination with other government agencies.” 

The Philippine National Police (PNP) also issued guidelines on law enforcement in areas under military law.

Chief Insp. Jose Najera, legal officer of the PNP Legal Service, said the guidelines set the parameters on what the police can and cannot do while Mindanao is under military control.

Addressing concerns of possible abuses that state security forces could commit in Mindanao, Najera said the role of the police would be just like “ordinary times” before the declaration of martial law.

Najera said constitutional rights of a person remain protected.

Obsession

AFP chief Gen. Eduardo Año was with Duterte in Moscow when the President declared martial law at 10 p.m. (Manila time) on Tuesday.

A source in the presidential entourage said the President summoned Año to report on what was going on in Marawi City.

The source quoted the AFP chief as saying the situation was under control.

Despite this, Duterte decided to proclaim martial law. The President had in the past repeatedly warned the public on the possibility of his imposing martial rule.

“Obviously, he decided on his own to impose martial law in Mindanao. He is obsessed with it and with replicating what the late dictator did,” the source said, referring to dictator Ferdinand Marcos. – Emmanuel Tupas, Edith Regalado, Evelyn Macairan, Jaime Laude