Philippine President Rodrigo Duterte won martial law powers across the southern third of the country for one more year to combat Islamic militants and leftist rebels, as Congress brushed aside fears of a looming dictatorship. / AFP PHOTO / NOEL CELIS
(Eagle News) — Opposition lawmakers belonging to the “Magnificent 7” bloc on Wednesday, December 27, filed a petition before the Supreme Court asking it to stop the implementation of the full-year extension of martial law in Mindanao, questioning its constitutionality.
In a 29-page petition, Albay Rep. Edcel Lagman led other opposition lawmakers in seeking a temporary restraining order (TRO) from the high court or a writ of preliminary injunction to stop the implementation of the challenged re-extension pending adjudication of their petition.
The other petitioners are Representatives Tomasito Villarin, Edgar Erice, Teddy Brawner Baguilat, Jr., Gary Alejano and Emmanuel Billones.
Named respondents in the petition were 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 claimed there was “no actual rebellion in Mindanao” to justify the re-extension of martial rule in Mindanao for another year.
They also argued that the Constitution requires an actual state of rebellion, not just mere threats, for such proclamation of martial rule.
“Threats of violence and terrorism by remnants of vanquished terrorist groups do not constitute a constitutional basis for extension of martial law because “imminent danger” has been deleted as a ground for imposing martial law under the 1987 Constitution,” the petitioners said.
On December 13, a total of 240 members of Congress — both from the House of Representatives and the Senate — voted to approve to extend martial law in Mindanao. Only 27 voted against it.
The approved extension will take effect starting Jan. 1, 2018 and will take effect until Dec. 31, 2018.
Philippine President Rodrigo Duterte won martial law powers across the southern third of the country for one more year to combat Islamic militants and leftist rebels, as Congress brushed aside fears of a looming dictatorship. / AFP PHOTO / NOEL CELIS
But the petitioners said President Rodrigo Duterte’s request to extend martial law in Mindanao was approved “baselessly and with inordinate haste”, noting that the period of deliberation and interpellation was “unduly constricted” by both the House and Senate leadership.
They said the period of one year defies the intent of the Constitution considering that the provision only specifies a period of 60 days for the declaration of martial law.
The petitioners also warned against allowing a series of extensions as it may lead to “extensions in perpetuity.”
“The Constitution does not allow a series of extensions or re-extensions of a martial law proclamation, which may lead to “extensions in perpetuity”,” their petition said.
The congressional grant of re-extension has no factual anchorage and is afflicted by grave abuse of discretion, they further noted.
They also said the President has the power to call out the military to prevent and subdue lawlessness by remnants of terrorist groups without extending the martial law and the suspension of the writ of habeas corpus in Mindanao.
The petitioners likewise asked the Supreme Court to accord judicial notice to the joint approval by both Houses of the Congress of the re-extension because until now a copy of the enrolled joint resolution is not available.
– Justification for Proclamation No. 216 –
On May 23 this year, through Proclamation No. 216, President Duterte imposed military rule and suspended a constitutional guarantee against warrantless arrests across Mindanao, a region of 20 million people, hours after armed Islamic militants seized the southern city of Marawi.
The initial period of martial law was limited by the constitution to 60 days.
However, in July Congress authorized Duterte to extend martial law until the last day of 2017 as he moved to retake the city from hundreds of gunmen he accused of plotting to turn Marawi into a regional base for the Islamic State group.
Duterte declared Marawi “liberated” in October after a five-month US-backed bombing campaign that claimed more than 1,100 lives and left large areas of the city in ruins.
Early this month, in a letter to lawmakers released by his office, Duterte sought from Congress the extension was necessary in the southern region of Mindanao to contain an ongoing rebellion by supporters of the Islamic State group as well as a rising threat from communist guerrillas.
“I ask the Congress of the Philippines to further extend the proclamation of Martial Law and the suspension of the privilege of the writ of habeas corpus in the whole of Mindanao for a period of one year” from January 1, the letter said.
Congress, voting 240 – 27, overwhelmingly approved Duterte’s request to extend martial law in the Mindanao region until December 31, 2018 during a special joint session of the Senate and House of Representatives on December 13, 2017.
(with a report from PNA and AFP)
