Will ML2 break impasse in Marawi?

I did not watch the live coverage of Congress’ inquiry into the extension of martial law. To me it was a nonevent and anticlimactic. As a keen political observer, I anticipated the full panoply of political dynamics. It was a brazen display of a popular executive’s strong grip over another “independent” branch of government, a scathing revocation of Montesquieu’s theoretical wall that separates the tripartite powers of government defining democracy. All the posturing, playacting and parliamentary maneuvers by lawmakers, especially the majority floor leaders of the two chambers, were but part of the script. The opposition’s desperate moves to block approval were reduced to futility when juxtaposed with the acts of the supermajorities. It looked like a rerun of past combat between a pathetic David and an overbearing Goliath, but with a reversed result.

If there is any upside in the charade, it is what we lawyers call precedent setting. For a while, we were thrilled by the prospect of a heated and protracted debate on how the votes of senators and representatives were to be tallied. Will the matter be decided by a majority of all the legislators combined, or will they vote separately as different bodies?

Recall that on the eve of the joint session the House majority floor leader went to town telling the media that the lawmakers should vote jointly as one Congress, citing the text of the Constitution. But the senators manifested adamancy on voting separately, invoking the spirit and intention of the Constitution. It is now well established that on issues that call for a joint session of Congress, the Senate cannot be subsumed by the numerically bigger House. And we expect the observance of stare decisis, or the doctrine of precedent, when the more important issue of charter change passes through such a gauntlet.

In the aftermath of this show of support for the President, residents of Marawi asked: Will martial law 2 accelerate the liberation of our city from the clutches of the jihadists? A growing number of cynics say it will not change the equation and impasse. The President lately cautioned government troops against rushing its attack on the extremists as it will endanger the life of hundreds of hostages. Residents pleaded for a stop to the carpet bombing reminiscent of the destruction in Aleppo and Mosul. They suggested instead “one big push,”  a blitzkrieg or sealing of all possible exits to box the extremists in and paralyze their supply of food, water and ammo.

Will ML2 provide additional protection to the military—“secured” houses amid reports that these “friendly” forces were looting whatever were left by the marauding jihadists? This is the residents’ overwhelming concern and fear given the military’s stern ban on the entry of civilians, homeowners included, into the conflict zone, even in areas claimed by the Army as liberated. It is no wonder that residents defied authorities and planned a “march to Marawi” to coincide with the President’s State of the Nation Address on July 24, which was scuttled after a last-minute meeting with Defense Secretary cum diplomat Delfin Lorenzana.

Will ML2 ease the agony of the evacuees, or aggravate their miserable condition?

These are questions that beg for answers in the light of the number of variables. ML2 will in fact exacerbate the evacuees’ pitiful condition because of the delay in the construction of the “tent city” and allied problems. We can only hope that the extension of martial power will not make its implementers eager-beavers and overstretch the meaning of martial law at the expense of human rights.

ML2 gave the President an additional burden. He got what he asked for: an extension of the plenary and almost unbridled martial power to back him in addressing the impasse in Marawi and the exponential increase of converts to extremism among Moro Muslims. If he fails, history will judge him severely.

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Macabangkit B. Lanto (amb_mac_lanto@yahoo.com), UP Law 1967, was a Fulbright Fellow in New York University for his postgraduate studies. He has served the government as congressman, ambassador, and undersecretary, among other positions.