SC sets three-day oral argument on martial law validity on June 13-15

June 6, 2017

The Supreme Court on Tuesday ordered Malacanang and implementing agencies of  President Rodrigo Duterte’s Proclamation 216 placing Mindanao under martial law to send  its comment on the petition filed by opposition lawmakers in the House of Representatives seeking to dismiss this. In its en banc session, the SC said it will hear the petition by members of the minority in the House of Representatives led by Albay Rep. Edcel Lagman for oral arguments on June 13, 14 and 15 at 10 a.m. The SC required the respondents, led by Executive Secretary Salvador Medialdea and Defense Secretary Delfin Lorenzana, to submit their comments on the petition on or before June 12 at 12 noon. The Constitution allows the SC to "review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing." Solicitor General Jose Calida, who will act as counsel for the public respondents in this case, downplayed the petition, saying he expects it to be dismissed by the high court. Calida described as "a symptom of psychosis since they are detached from reality" the argument of petitioners that there exists no rebellion or invasion to justify the declaration of martial law as required under Section 18, Article VII of the 1987 Constitution. Meanwhile, a group of lawyers asked the Supreme Court to compel the Senate and the House of Representatives to convene jointly to review Duterte’s proclamation of martial law in Mindanao. The petitioners led by former senator Rene Saguisag seeks for the issuance of a mandamus that would compel the senators and congressmen to exercise its constitutional duty to hold a joint session purportedly to review the martial law declaration. Saguisag was joined by former Commission on Elections chair and constitutional commission member Christian Monsod, former party-list lawmaker Loretta Ann Rosales, detained Senator Leila De Lima, former PhilHealth Director Alexander Padilla and law professor Rene Gorospe. The petition included over 300 lawyers, led by former solicitor general Florin Hilbay. The petition named Senate President Aquilino Pimentel III and Speaker Pantaleon Alvarez as respondents. DMS