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Faces of the news

/ 07:30 AM July 09, 2017

SC Justice Marvic Leonen

He was the lone magistrate who voted to grant the three petitions challenging President Duterte’s martial law proclamation all over Mindanao, and this didn’t come as a surprise to some. In the oral arguments, Marvic Leonen said the military had the capability to deal with the Islamic State-linked terrorists that had rampaged through the lakeside city without resorting to martial law. If at all, the way forward was the implementation of the peace accord he had negotiated with the Moro Islamic Liberation Front in the previous Aquino administration, he said. In his dissenting opinion, Leonen said imposing martial law to fight terrorism was a “fallacy.” “Never again should we fall victim to a false narrative that a vague declaration of martial law is good for us no matter the circumstances,” he said.

Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justice Alfredo Benjamin Caguioa

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They concurred with 11 of their colleagues who voted to uphold President Duterte’s Proclamation No. 216, but argued that that martial law should be restricted to Marawi and several other provinces, but not the whole island of Mindanao. The rest of Mindanao was peaceful, they said during the oral arguments. A common thread ran through their arguments: a warning against a return to the Marcos era martial law. In her opinion, Maria Lourdes Sereno said the Constitution set a geographical restriction on the President’s prerogative to place the archipelago or any part of it under martial law. She said Mr. Duterte did not have “unbridled discretion as to when, where and how martial law is to be declared.” And neither could he broaden its use “to solve other social ills.” “The danger of misusing martial law is related to the need to protect the military from returning its misshapen role during the Marcos martial law (era),” the chief magistrate said. Antonio Carpio observed that the Commander in Chief’s admission that the armed conflict could spill over to other areas of Mindanao only proved that there was no actual rebellion outside of Marawi. He cautioned his colleagues against playing fire with martial law, lest this would turn the Constitution “into ashes.” “The court must never allow the 1972 debacle to be ever repeated again,” the senior associate justice said. The court, he added, should not “mercilessly inflict on the Filipino people the constant fear of a recurrence of the nightmarish martial law Marcos.” For Alfredo Benjamin Caguioa, other areas in Mindanao were only under “imminent threat” of rebellion, which framers of the 1987 Constitution dropped as a requisite for a martial law declaration to avoid a repeat of the abuses committed by the Marcos regime. “There is insufficient showing that the requirements of public safety necessitated the declaration of martial law over the entire Mindanao,” he said. In the majority ruling, the high tribunal recognized Mr. Duterte’s “sole discretion” to extend the geographical scope of martial law order beyond the place where an actual rebellion was happening. The magistrates allayed the fears of the petitioners, saying the Charter has spelled out ample safeguards to prevent Mr. Duterte from abusing his power. “The significance of martial law should not be undermined by unjustified fears and past experience,” read a part of the ruling.

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