Reverse martial law ruling, minority solons urge SC
Rep Edcel Lagman. INQUIRER FILE PHOTO/EDWIN BACASMAS
The minority bloc of the House of Representatives led by Albay Rep. Edcel C. Lagman urged the Supreme Court to reverse its July 4, 2017 decision affirming the validity of Proclamation 216 declaring martial law.
In a 54-page motion for reconsideration Friday, Lagman said the high court abdicated its special jurisdiction to fully review the factual sufficiency of President Rodrigo Duterte’s martial law proclamation.
The high court, in its ruling, said it relied only on the same facts presented to the President that led to the proclamation.
Defense Secretary and martial law administrator Delfin Lorenzana briefed the high court justices on the situation in Marawi which is currently under attack by the Maute terror group.
The high court, in its ruling explained that it is the President’s prerogative to determine the scope of the martial law considering he has access to various intelligence information.
READ: SC upholds validity of martial law in Mindanao
Aside from Lagman, other petitioners include Representatives Tomas Villarin, Gary Alejano, Emmanuel Billones and Teddy Baguilat, Jr.
Lagman and his co-petitioners maintained that there was no actual rebellion in Marawi City and in the rest of Mindanao when the President declared martial law and suspended the privilege of the writ of habeas corpus on May 23, and what was occurring in Marawi then was lawless violence amounting to terrorism.
BACKSTORY: Still not enough basis for martial law in Mindanao, Lagman asserts
Under the Constitution, the declaration of martial law or the suspension of the privilege of the writ of habeas corpus is based solely on actual rebellion or invasion when public safety requires it.
Lagman told the High Court that the “appalling escalation of deaths of soldiers and terrorists, including innocent civilians; massive destruction of both public and private properties; and the widespread displacement of residents, many of whom have died in cramped and unsanitary makeshift evacuation centers, are the horrific aftermath of the declaration of martial law, which were not the prevailing conditions at the time Proclamation No. 216 was issued on May 23, 2017.”
“This tragic aftermath could have been avoided had martial law not been declared. The improvident and unconstitutional imposition gave the military and police forces the go-signal to inordinately intensify their air strikes and land assaults which resulted to the wanton devastation of Marawi City and a looming humanitarian crisis,” Lagman added. IDL/rga
