Keith Mack
Philippine President Rodrigo Duterte has had a somewhat inconsistent relationship with the idea of declaring martial law. While he has previously threatened to do so, Duterte has also stated that he is against the idea. In a speech in 2017, Duterte said, If this continues, [...] would you rather that I will declare martial law?. However, in a later speech in 2022, he took a contradictory stance, saying, Martial law for what? Killing people? I would rather empower every mayor. During his final State of the Nation Address, Duterte advised the next president to declare martial law to end government corruption, stating that it was the only way to get rid of it.
| Characteristics | Values |
|---|---|
| Reason for declaration | To stop clashes between government troops and Maute group terrorists in Marawi City, Mindanao |
| Date of declaration | May 23, 2017 |
| Duration | 60 days initially, extended until the end of 2019 |
| Location | Mindanao, including Basilan, Sulu, and Tawi-Tawi |
| Public opinion | Mixed reactions; a September 2017 survey indicated that 54% of Filipinos supported extending martial law beyond 2017 |
| Presidential powers | Use of the military to enforce law, detention of people without charge, suspension of the writ of habeas corpus |
| Extension | Congress can vote to extend martial law; it was extended twice by Congress, first until December 31, 2017, and then until December 31, 2018 |
| Legal justification | "Existence of rebellion" and concerns for public safety |
| Similarities to previous declarations | President Duterte insisted it would not be any different from martial law under President Ferdinand Marcos |
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What You'll Learn
- Duterte declared martial law in Mindanao in 2017, to fight Islamic State militants
- The Philippine constitution allows a president to declare martial law for 60 days, to stop an invasion or rebellion
- Duterte's declaration was met with mixed reactions from citizens and lawmakers
- Duterte has threatened to extend martial law to the entire country if needed
- Duterte's critics accuse him of using martial law to lengthen his hold on power
Duterte declared martial law in Mindanao in 2017, to fight Islamic State militants
On May 23, 2017, Philippine President Rodrigo Duterte declared martial law in the entire Mindanao region, including Basilan, Sulu, and Tawi-Tawi. This decision came after clashes between the Armed Forces of the Philippines and Islamist militants in Marawi City, which left three security force members dead. The Maute Group, also known as Dawlah Islamiya Philippines, had occupied a hospital and a jail and burnt down buildings, including a church. The group had pledged allegiance to the Islamic State (IS).
Duterte's declaration of martial law allowed the use of the military to enforce the law and detain people without charge, as well as giving him the power to suspend the privilege of the writ of habeas corpus. The initial declaration was to be in effect for 60 days, as per the 1987 Constitution, which states that the President can declare martial law for an initial period of 60 days to stop an invasion or rebellion, after which an extension must be approved by Congress. Duterte suggested that he might extend martial law to the entire country if needed to "protect the people."
The declaration was met with mixed reactions from citizens, with some reports indicating that a majority (54%) of Filipinos were in favor of extending martial law beyond 2017. Senators Antonio Trillanes IV and Bam Aquino questioned the declaration, while Senator Manny Pacquiao expressed full support. Congress approved a resolution supporting the measure on May 31, 2017, and on July 23, 2017, lawmakers voted in favor of extending it until December 31, 2017.
In December 2017, Duterte requested a second extension, citing remaining threats of ISIS-inspired terrorist groups. Congress granted this extension until the end of 2018, and in December 2018, a third extension was approved until the end of 2019. The state of martial law ended with the third extension, 953 days after it was first declared.
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The Philippine constitution allows a president to declare martial law for 60 days, to stop an invasion or rebellion
The Philippine Constitution allows the President to declare martial law for a maximum initial period of 60 days without Congress approval for extension. This can be done in the event of an invasion or rebellion, or when public safety is deemed to require it. The President may also suspend the writ of habeas corpus for the same reasons.
On May 23, 2017, President Rodrigo Duterte declared martial law in the entire Mindanao region, including the islands of Basilan, Sulu, and Tawi-Tawi, in response to clashes between government forces and Islamist militants in Marawi City. Duterte's spokesperson announced that the state of martial law would be in effect for 60 days to "suppress lawless violence and rebellion and for public safety".
The declaration of martial law enables the military to enforce law and order and detain people without charge for extended periods. It also allows for the suspension of the privilege of the writ of habeas corpus, which guarantees the right to a legal hearing for the detention of a person.
Following the initial declaration, Duterte requested and received approval from Congress for two extensions of martial law in Mindanao, first until the end of 2018 and then until the end of 2019. The state of martial law ended with the third extension lapsing at the end of 2019, 953 days after it was first declared.
During the COVID-19 pandemic, Duterte administration officials, including the former presidential spokesperson, Salvador Panelo, suggested that the coronavirus outbreak constituted an "invasion," providing legal grounds for the declaration of martial law. However, the country's justice department rejected this theory, stating that COVID-19 did not fit the constitutional definition of an "invasion" by foreign armed forces.
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Duterte's declaration was met with mixed reactions from citizens and lawmakers
On May 23, 2017, Philippine President Rodrigo Duterte declared martial law in the entire Mindanao region, including the islands of Basilan, Sulu, and Tawi-Tawi. This decision was made in response to escalating conflicts in Mindanao and recent clashes in Marawi between the Armed Forces of the Philippines and the Maute group, an Islamist militant organization with ties to the Islamic State.
Duterte's declaration of martial law was met with mixed reactions from citizens and lawmakers. While some citizens in Davao, the president's hometown, expressed support for the decision, others questioned the necessity and scope of the declaration. Mags Maglana of Konsensya Dabaw (Conscience Davao) stated that while martial law is a power granted to any president, the group was uncertain about Duterte's agenda and believed that covering all of Mindanao seemed excessive. Similarly, Senators Antonio Trillanes IV and Bam Aquino challenged the declaration of martial law in Mindanao, with former President Fidel Ramos expressing concern that it could be more harmful than during Ferdinand Marcos's regime.
On the other hand, a Social Weather Station survey conducted in September 2017 revealed that a majority (54%) of Filipinos favored extending martial law beyond 2017. Senator Manny Pacquiao expressed his full support for the declaration, believing it to be timely and necessary to address the political turmoil caused by Moro extremists in Marawi City. Additionally, Duterte's supporters in Davao applauded his aggressive approach to fighting terrorism and drug dealers, stating that the city had become safer under his leadership.
In Congress, the House of Representatives and the Senate held votes on extending the proclamation of martial law. On May 31, 2017, Congress approved a resolution supporting the measure. Later, on July 23, 2017, lawmakers voted 261-18 in favor of extending Proclamation Order No. 216 until December 31, 2017. This extension was granted despite petitions filed by groups, including representatives and constitutionalists, questioning the validity of prolonging martial law.
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Duterte has threatened to extend martial law to the entire country if needed
On May 23, 2017, Philippine President Rodrigo Duterte declared martial law on the island of Mindanao, following clashes between government troops and Islamist militants. This included the areas of Basilan, Sulu, and Tawi-Tawi. Duterte's spokesperson announced the declaration during a press briefing in Moscow, where the president was on an official visit. The state of martial law was to be in effect for 60 days, in accordance with the 1987 Constitution, which limits the initial declaration of martial law to this period.
Under the Constitution, the President can declare martial law for 60 days and request an extension from Congress in the event of rebellion, invasion, or when public safety is deemed to require it. Duterte did request an extension, and on July 23, 2017, lawmakers voted in favor of his request to extend Proclamation Order No. 216 until December 31, 2017. A second extension was granted until the end of 2018, and a third until the end of 2019. The state of martial law ended with the third extension, 953 days after it was first declared.
Experts and observers fear that Duterte is testing the waters for a constitutionally viable declaration of nationwide martial law. Many believe that Duterte, like former President Ferdinand Marcos, seeks to extend his hold on power and that he would not hesitate to use martial law to achieve this.
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Duterte's critics accuse him of using martial law to lengthen his hold on power
On May 23, 2017, Philippine President Rodrigo Duterte declared martial law in the entire Mindanao region, including Basilan, Sulu, and Tawi-Tawi. This decision came after clashes between government troops and Islamist militants, specifically the Maute group, in Marawi City. Duterte's spokesperson announced that the region would be under martial law for 60 days to "suppress lawless violence and rebellion and for public safety."
Duterte's declaration of martial law was met with mixed reactions from citizens. Some supported the decision, believing it to be necessary to address the political turmoil caused by extremist groups. However, critics accused him of using martial law to lengthen his hold on power. They argued that Duterte, like former President Ferdinand Marcos, sought to maintain their influence beyond their single presidential term, potentially through the use of martial law.
During his term, Duterte made several statements and took actions that fueled concerns about his intentions. He suggested that he might extend martial law to the entire country if needed to "protect the people." He also threatened military rule during the COVID-19 pandemic, warning of martial law-style enforcement if people did not comply with social distancing and curfew orders. Duterte's broadsides against critics, particularly those he labeled as communists, further escalated worries that he was setting the stage for a declaration of nationwide martial law.
Congress played a role in approving extensions of martial law in Mindanao, voting in favor of extensions twice in 2017 and once in 2018. These extensions kept martial law in place in the region until the end of 2019, for a total of 953 days. Despite the concerns of critics and legal challenges, the Supreme Court upheld the constitutionality of the extensions.
While Duterte's initial declaration of martial law in Mindanao was in response to violent clashes with extremist groups, critics argue that he used the situation as a pretext to consolidate power and exert greater control over the country. The fear among his opponents is that Duterte may attempt to follow in Marcos's footsteps and use martial law as a tool to extend his influence beyond his presidential term.
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Frequently asked questions
No, President Duterte has not declared martial law. However, he has previously suggested that he might do so if the country descends into a state of rebellion and lawlessness.
Martial law involves the suspension of civil liberties and the placement of military authority above civilian rule. Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals.
President Duterte has suggested that declaring martial law could be a way to end government corruption. He believes that corruption is endemic in the government and that martial law would allow for a complete overhaul of the system.
President Duterte has made conflicting statements about martial law. In one instance, he said that he would declare martial law if he wanted to and that no one could stop him. However, in another instance, he said that declaring martial law would be "kalokohan" (nonsense).
