SC dismisses with finality petitions vs martial law in Mindanao

December 5, 2017

The Supreme Court on Tuesday upheld with finality the legality of President Rodrigo Duterte's martial law declaration in Mindanao.

Voting 10-3-1, the SC voted to sustain its decision last July dismissing three consolidated petitions seeking to nullify Proclamation No. 216. The ruling comes as Duterte will decide whether to extend martial law in Mindanao after the fighting in Marawi City ended last month.

The high court denied the motion for reconsideration filed by petitioners led by Albay Rep. Edcel Lagman for being moot and lack of merit.

In its resolution, the SC stressed that there was sufficient factual basis for the declaration of martial law in Mindanao and suspension of the privilege of the writ of habeas corpus after the attacks of the Maute  terror group last May in Marawi City.

The tribunal reiterated its finding the power to determine the scope of territorial application of martial law belongs to the president and there is no constitutional provision emergency power should be implemented in the place where rebellion exists.

Those who voted to dismiss the appeals of petitioners were Associate Justices Presbitero Velasco Jr., Teresita Leonardo - De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Estela Perlas - Bernabe, Samuel Martires, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo.

Associate Justice Francis Jardeleza, who earlier voted for the legality of the martial law declaration, was on leave and did not leave his vote.

Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justice Alfredo Benjamin Caguioa voted to partially grant appeals and maintained their position that the martial rule should be limited to some areas.

Associate Justice Marvic Leonen sided with petitioners and was the only justice who voted to grant their appeals. DMS