FRON : PROVINCIAL OFFICE =PMAY 2B 2DIP IS DAHICAN, CITY OF MATI _DAVAO ORIENTAL 8 Fg OFFICIAL “t, 7] Se SRELEASED? “Reouila ofthe Philpphes: $5 Signature, DIGS SPEHMEN OFTHE INTERIOR AND LOCAL GoveRNeN ti, 9° EZ eee Aeoeettaie ay yoo FAX NOL *or MEMORANDUM TO : ALLDILG REGIONAL DIRECTORS, PROVINCIAL AND CITY DIRECTORS, PHILIPPINE NATIONAL POLICE (PNP), OTHER ATTACHED AGENCIES AND BUREAUS, FIELD OFFICERS AND ALL THOSE CONCERNED RE : GUIDANCE ON THE PRESIDENTIAL PROCLAMATION OF MARTIAL, LAW AND THE SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE ENTIRE ISLAND OF MINDANAO DATE + 25 MAY 2017 EEE After a violent ISIS-inspired Maute and other terrorist groups’ attack in Marawi City, Leneo del Sur, the President, pursuant to Section 18, Article VII of the 1987 Philippine Constitution, proclaimed martial law and suspended the privilege of the writ of habeas corpus in the entire istand of Mindanao, In view of such pronouncements, the undersigned hereby issues the following guidelines for your observation and guidance, namely: 1, Under the Constitution, the President, in case of invasion or rebellion, whan the public safety requires it, may suspend the privilege of the writ of habeas corpus or place the country or any part thereof under martial iaw; 2. A tate of martial law does not suspend the operation of the Philippine Constitution, nor supplant the functioning of the civil courts or legislative assemblies, In its strict sense, the military arm of the government does not supersede civil authority but is called upon merely to aid in the execution of its function; 3. It does not also authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus. At present, howaver, the President has already suspended the privilege of the writ of habeas corpus over the entire Mindanao region; 4. Italso bears emphasis that placing Mindanao under martial rule does not permit curtailment of civil and political rights. The proclamation does not affect the right to bail;FAX NO. 26 May 2017 9:56AN ‘The proclamation of martial law and suspension of the privilege of the writ, as interim measures, are subject to time limits, namely, (a). time limit of sixty days, (0). review and possible revocation by Congress, (c). review and possible nulification by the Supreme Court: 6. In this connection, the DILG, all its bureaus, offices and attached agencies are’ hereby enjoined to observe the rule of law and ensure observance of human rights in the place or part of the country where martial law was proclaimed and the prerogative writ of liberty susoended; 7. Any arrest, search and seizure done in areas where the proclamation was made or where Marlial Law is effective, including the filing of charges therein should comply with existing laws, rules and regulations notably the Constitution and the Revised Rules of Court, 8. It must be noted that the suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or invasion and such persons must be charged within three (3) days from apprehension. Outside the offenses mentioned, habeas corpus as a remedy for challenging the legality of one’s detention continues; 8. 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 privilege of the wrt, all DILG officials, employees, personnel and those from the attached agencies should refrain fram doing acts obstructive of our regular deliverabies to the public unless prevented or restrained by the duly constituted authorities; 40. Finally, 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 beating into consideration that this was done to restore and maintain peace and order in the areas covered. nian $. CUY Officer-in-Charge For everybody's information and guidance. P2