Partylist lawmakers, lawyers ask SC to nullify martial law extension in Mindanao

January 8, 2018

Partylist lawmakers, human rights lawyers and some Mindanao residents on Monday filed a second petition asking the Supreme Court to nullify the congressional approval to extend martial law in Mindanao for one more year.

In a petition, lawyers belonging to the National Union of People’s Lawyers along with progressive party-list representatives -- Carlos Zarate of Bayan Muna, Arlene Brosas and Emmie De Jesus of Gabriela, Ariel Casilao of Anakpawis, Antonio Tinio of ACT Teachers and Sarah Elago of Kabataan -- and some Mindanao residents said there is lack of factual basis as required by the 1987 Constitution and no actual rebellion in the south.

Their petition said President Rodrigo Duterte admitted that the government has achieved victory over the ISIS-linked Maute terror group in October last year after a nearly five-month campaign to drive them out from Marawi City.

“Hence, by the government’s own admission, there actually exists no factual nor legal basis to support the extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao – for a longer period than the original one at that - considering that the facts constituting the rebellion and threat to public safety in the assailed original proclamation, have already been resolved and no longer persist,” the petitioners stressed.

“Even in the letter forwarded by the President to both Houses of Congress citing the new alleged grounds that would warrant the extension, assuming without conceding that these are true, would stillbnot logically and legally justify an extension because they do not rise to the level of rebellion that constitutes a threat to public safety as contemplated by the Constitution,” they said.

In a joint session last December 13, both the Senate and the House of Representatives approved and granted the request of Duterte for a one-year extension of martial law.

Duterte cited the assessment of the military and police pointing to continuing recruitment of terrorist groups in Mindanao, increasing violence by the communist New People’s Army and the need to speed up the rehabilitation of Marawi.

The petition named Duterte, Senate President Aquilino Pimentel III, Speaker Pantaleon Alvarez, Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Armed Forces chief General Rey Leonardo Guerrero and Philippine National Police chief Director General Ronald Dela Rosa as respondents.

Last month, opposition lawmakers led by Albay Rep. Edcel Lagman also urged the SC to nuliify the extension of martial law in Mindanao for lack of sufficient basis. DMS