Rule of law, human
rights must prevail – Cuy
May 26, 2017
QUEZON CITY – With
the suspension of the privilege of the writ of habeas corpus under the
declaration of Martial Law in Mindanao, Interior and Local Government
Officer-in-Charge (OIC) Catalino S. Cuy today enjoined DILG offices
and attached agencies to observe the rule of law and ensure the
observance of human rights in the southern region.
In a directive, Cuy said
that Martial Law does not suspend the operation of the Philippine
Constitution, nor supplant the functioning of the civil courts or
legislative assemblies even if the privilege of the writ of habeas
corpus has already been suspended over the entire Mindanao region.
“As part of the observance
of the rule of law and recognition of the supremacy of civilian
authority even in areas covered by the proclamation or suspension of
the writ, all DILG officials and employees, including those from the
attached agencies, should refrain from doing acts obstructive of our
regular deliverables to the public unless prevented or restrained by
the duly constituted authorities,” he said.
Cuy issued the directive to
DILG regional directors, provincial and city directors, the Philippine
National Police, other attached agencies and bureaus, field officers
and others concerns as guidance on the Presidential Proclamation of
Martial Law and the suspension of the privilege of the writ of habeas
corpus in Mindanao.
In the said directive, he
pointed out that any arrest, search and seizure done in areas where
the proclamation was made or Martial Law is effective should comply
with existing laws, rules and regulations notably the Constitution and
the Revised Rules of Court.
He also said that the
suspension of the privilege of the writ applies only to a person
judicially charged for rebellion or invasion and such person must be
charged within three days, outside of that, habeas corpus must
persist. The proclamation of Martial Law also does not affect the
right to bail.
“Everyone is enjoined to
adhere and support the purpose and reasons for the proclamation of
Martial Law and suspension of the privilege of the writ in Mindanao,
bearing into consideration that this was done to restore and maintain
peace and order in the areas covered,” he said.
According to Cuy, the
proclamation of Martial Law and suspension of the privilege of the
writ, as interim measures, are also subject to review and possible
revocation by the Congress, review and nullification of the Supreme
Court, and a time limit of 60 days.
President Rodrigo Roa
Duterte placed the Mindanao region under Martial Law pursuant to
Section 18, Article VII of the 1987 Philippine Constitution following
the violent attacks in Marawi City.