Solons want SC to invalidate third martial law extension in Mindanao

The Supreme Court building on Padre Faura Street in Manila. (File photo by CATHY MIRANDA / INQUIRER.net)

MANILA, Philippines — Seven members of the House of Representatives have asked the Supreme Court (SC) to “void as unconstitutional” the third extension of martial law in Mindanao.

In a 46-page petition filed at SC on Friday, the congressmen questioned the third martial law extension in the southern region and said it “mocked” the 1987 Constitution since rebellion does not exist and persist in Mindanao as public safety there is not imperiled. They also argued that another year of extension “unduly prolongs” the martial law rule in the area.

Further, the lawmakers asserted Proclamation No. 216, which originally imposed martial law and suspended the writ of habeas corpus in Mindanao, “has become functus officio and cannot anymore be extended.”

The lawmakers who filed the petition at SC were Albay Rep. Edcel Lagman, Akbayan Rep. Tomasito Villarin, Ifugao Rep. Teddy Baguilat Jr., Caloocan City Rep. Edgar Erice, Madgalo Rep. Gary Alejano, Quezon City Rep. Christopher Belmonte and Dinagat Islands Rep. Arlene Bag-ao.

Congress approved the third extension of martial rule in Mindanao last December 12, 2018.

But Albay Rep. Edcel Lagman explained in a statement on Friday there must be “an actual rebellion, which is an armed uprising against the government for the purpose of removing the country or a portion thereof from the allegiance to the Republic, to justify the imposition or extension of martial law, together with the concurring ground that public safety requires such imposition or extension.”

Lagman said President Rodrigo Duterte’s letter dated December 6, 2018, which asked Congress for a third extension of martial law in Mindanao, “failed to determine the sufficient factual basis of the request.”

Lagman also said Duterte’s “allegations of lawless violence and terrorism were not connected to rebellion.”

Lagman then underscored Duterte’s failure “to comply with his undertaking in the letter that he will submit a detailed report in a few days to Congress since the statements in the letter on the existence of rebellion were generalized.”

Moreover, he said Proclamation No. 216 cannot be extended because the purpose of ending the Marawi siege and apprehending the IS-inspired Maute group and Abu Sayyaf leadership had already been accomplished as announced by Duterte.

To recall, Duterte announced in October 17, 2017, that Marawi City has been liberated from Maute terrorists.

Authorities have also declared Abu Sayyaf principal leader Isnilon Hapilon and Maute brothers, Abdullah and Omarkhayam, were killed in battle in Marawi City.

Last May 2017, Duterte placed Mindanao under martial law after ISIS-inspired Maute terrorist group attacked Marawi City.

At the request of Duterte, Congress extended martial law twice – the first extension ended on December 31, 2017 while the second extension ended last December 31, 2018. Consuelo Marquez, INQUIRER.net  /kga