Mindanao residents, IPs, militants ask SC to nullify martial law in south

Mindanao residents and cause-oriented groups on Friday filed before the Supreme Court a petition to nullify Proclamation 216 declaring martial law in Mindanao for 60 days due to the attack carried out by the Maute terror group in Marawi City.

Petitioners include 5 local Mindanao leaders namely Lumad leader Eufemia Campos Cullamat, peasant leader Virgilio T. Lincuna of KMP, Ateliana U. Hijos of Gabriela, trade union leaders Roland A. Cobrado, Carl Anthony D. Olalo and union leader Roy Jim Balanghig of the striking Shin Sun Tropical Fruits Inc. whose picket line was broken up by the PNP last June 2, citing the declaration of martial law.

They were joined by leaders of various human rights and activist organizations and partylist groups; Bayan secretary general Renato Reyes, Jr., Karapatan Secretary General Cristina E. Palabay, SELDA Chair Marie H. Enriquez, Act Teachers’ Representative Antonio L. Tinio, Gabriela Women’s Party Representative Arlene D. Brosas, Kabataan Party-List Representative Sarah Jane I. Elago, artists Mae Paner, Gabriela Krista Dalena and Anna Isabelle Estein, NUSP spokesman Mark Vincent D. Lim, Anakbayan chair Vencer Mari Crisostomo and Gabriela deputy secretary general Jovita Montes.

In their 33-page petition, they said the martial proclamation in the entire Mindanao “is unwarranted, unjustifiable, and wholly out of proportion.”

They said respondents failed to prove that rebellion are simultaneously occurring in other parts of Mindanao.

Named respondents are President Rodrigo Duterte, Executive Secretary Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Armed Forces of the Philippines Chief-of-Staff Lt. General Eduardo Ano and Philippine National Police Director-General Ronaldo Dela Rosa.

Petitioners pointed out that the basis for declaring martial law in the entire Mindanao is explained only in one paragraph under Proclamation 216 which provides that “this recent attack shows the capability of the Maute group and other rebel groups to sow terror and cause death and damage to property not only in Lanao del Sur but in other parts of Mindanao.”

“Capability to sow terror and cause death does not make rebellion,” petitioner insisted.

The groups also raised questions on the factual basis of Martial Law saying that “the insertion of the words “other rebel groups” in Proclamation No. 216 is dangerously vague and unsubstantiated.”

The proclamation, petitioners said failed to identify what group or groups are waging rebellion in other parts of Mindanao.

“This opens the Proclamation to broad interpretation, misinterpretation and confusion with incalculable adverse consequences to lives, limbs and civil liberties of people and has dire implications on the people,” petitioners said.

Some of these implications include:

• Denigrations of legitimate rebel groups such as the National Democratic Front (NDF) and the Moro Islamic Liberation Front (MILF) to the level of terrorist groups;
• Danger to the peace process between the government and NDF and MILF who may feel alluded to by the vague reference to “other rebel groups;
• Possibility of other human rights violations.

Petitioners said in Davao alone, 260 individuals have been arrested for failure to show their identification cards when police implemented ‘Oplan Bulabog” while around 30 women were interrogated by the military in Sultan Kudarat.

They added that government troops conducted aerial bombings and fired 50 caliber machine guns at Moro communities in sitios (subvillages) Pedtobawan, Campo, Apulan and Centro Salat of Barangay (village) Salan and in sitio Libpas, Barangay Tuael in North Cotabato and in Bukidnon. These areas, according to petitioners are at least 100 kilometers away from Marawi with over 252 families.

This is the fourth martial law-related petition filed with the Supreme Court and the second petition seeking a nullification of Duterte’s martial law proclamation.

Petitioners also urged the high court that they be allowed to participate in the oral arguments set on June 13-15. IDL