Opposition congressmen ask SC to nullify Congress nod to extend martial law in Mindanao by one year

December 27, 2017

Opposition lawmakers on Wednesday asked the Supreme Court to nullify the approval made by the Senate and the House of Representatives of President Rodrigo Duterte’s request for one-year extension of martial law and of the suspension of writ of habeas corpus in Mindanao effective January 1, 2018 to December 31, 2018.

In a petition, the opposition lawmakers urged the SC justices to issue a temporary restraining order or writ of preliminary injunction to stop the implementation of the congressional action allowing the extension of martial law, which according to them, is unconstitutional and lack of basis.

The petitioners were Representatives Edcel Lagman, Tomasito Villarin, Edgar Erice, Teddy Brawner Baguilat, Jr., Gary Alejano and Emmanuel Billones.

Named respondents are Senate President Aquilino Pimentel III, Speaker Pantaleon Alvarez, Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Budget Secretary Benjamin Diokno and Armed Forces of the Philippines Chief-of-Staff General Rey Leonardo Guerrero.

The petitioners also argued that the congressional grant of re-extension has no factual anchorage and is afflicted by grave abuse of discretion; and the president as commander-in-chief has the power to call out the armed forces to prevent and subdue lawlessness by remnants of terrorist groups without extending martial law and the suspension of the writ of habeas corpus in Mindanao.

The petitioners stressed that the claims of President Rodrigo Duterte and his defense, military and police advisers that the “remnants” of terrorist groups have been monitored as “recruiting” new fighters and “regrouping” to launch new attacks, do not justify the re-extension.

“Rebellion or invasion is neither a state of mind or a state of fear. It must be actual, not contingent. It must be real, not contrived,” the petitioners said.

“Remnants of vanquished terrorist groups do not have the capacity to launch a rebellion even as the government is molding them into apparent menacing ogres, instead of preempting them by ordinary military and police operations without the need for extending martial law,” they added. DMS