DOJ helping in ironing out IRR of martial law in Mindanao

From the Philippine News Agency (May 30): DOJ helping in ironing out IRR of martial law in Mindanao

The Department of Justice is helping in the fine-tuning of the implementing rules and regulations as well as the issuance of general orders in relation to President Rodrigo Duterte's martial law proclamation in Mindanao.

Justice Secretary Vitaliano Aguirre II said they are working on how the DOJ and the courts would function in areas covered by martial law.

“We are just helping kung merong fine-tuning katulad ng proclamation ng martial law, general orders, katulad ng dati rati during the Marcos time merong military tribunals, yun ang aayusin natin how would the DOJ and the courts function when there is martial law, very specific yan hindi nawawala ang functions nila during martial law and even during the declaration of the suspension of the writ of habas corpus,” Aguirre told reporters during a press briefing on Monday.

Earlier, Chief Justice Maria Lourdes Sereno directed all courts in Mindanao to remain open amid the President’s decision to place the entire region under martial law.

Sereno also ordered all Mindanao judges to report “their current and continuing status to the Office of the Court Administrator through their executive judges.”

Aguirre assigned Undersecretary Reynante Orceo to coordinate efforts with Mindanao prosecutors who will be handling cases against members of the Maute terror group.

“Nagpadala ako ng isang Undersecretary doon to coordinate with the prosecutors of Mindanao kasi yung isang regional prosecutor natatakot kasi na may ISIS,” Aguirre said adding that Orceo went to Iligan City Monday where he met with the local prosecutors.

He said their immediate concern is the inquest of Maute members arrested by security forces in their ongoing operation in Marawi.

The DOJ chief explained that the military and the police earlier asked for assistance on what to do with Maute members who might be arrested in the ongoing operation since they only have 72 hours within which to act especially if there is detention without any warrant of arrest.

“Hiningi nila na kung pwede mag-assign kami ng kahit dalawang prosecutors kahit dun man lang sa affected areas though mahirap talaga unless sa loob ng military facilities gagawin para sa kaligtasan na din ng mga prosecutors,” Aguirre noted.

He added that the DOJ is now thinking of holding the inquest in areas outside of Mindanao.

President Rodrigo Duterte’s declaration of martial law in the entire Mindanao to neutralize militants linked to attacks carried out by the Maute terror group in Marawi City.

Aguirre said the Chief Executive is in possession of information and reports that are not known to ordinary citizens which could have been used as basis for the declaration.

“The proclamation is in accordance with the Constitution and necessary to avoid the dismemberment of our nation. The President is entitled to be presumed to be regularly performing the duties of his office, of course those who opposed the decision can go to the SC,” Aguirre said when sought for comment.

Under the 1987 Constitution, the President has the authority to declare martial in any part of the country or the entire country for a period of 60 days but Congress, voting jointly, may revoke or extend the proclamation.

http://www.pna.gov.ph/articles/992168