Ex-SolGen slams martial law extension based on ‘fake grounds’

Former Solicitor General Florin Hilbay. FILE PHOTO / INQUIRER

Former Solicitor General Florin Hilbay on Saturday slammed the “unconstitutional” proposal of the Armed Forces of the Philippines (AFP) to extend the martial law declaration in Mindanao for another year.

Hilbay, legal counsel of the petitioners who questioned President Rodrigo Duterte’s martial law declaration at the Supreme Court (SC), stressed that an extension requires “actual rebellion,” not “fake grounds.”

It's UNCONSTITUTIONAL to extend martial law in Mindanao long after gov't had declared victory. The Consti requires ACTUAL invasion/rebellion.

If we allow martial law extension in Mindanao on FAKE grounds, we make it easier to declare NATIONWIDE martial law on another fake basis.

— Florin Hilbay (@fthilbay) December 9, 2017

“It’s unconstitutional to extend martial law in Mindanao long after government had declared victory. The Constitution requires actual invasion/rebellion,” the former solicitor general said in a tweet on Saturday.

“If we allow martial law extension in Mindanao on fake grounds, we make it easier to declare nationwide martial law on another fake basis,” Hilbay said.

Major General Restituto Padilla, AFP spokesperson, had announced that the military endorsed a plan to extend martial law in Mindanao due to “increasing violence” from communist rebels and threats posed by extremists.

“We need the cover of martial law to address these threats,” Padilla said in a Bangon Marawi press briefing last Friday.

READ: AFP supports 1-year extension of martial law

Martial law in Mindanao is set to end on December 31 after Congress, during a joint session in July this year, approved Duterte’s request for an extension. /jpv