Opposition to raise martial law issue in Supreme Court
President Rodrigo Roa Duterte PHOTO BY JOAN BONDOC
Opposition senators on Tuesday said that executive department officials had no legal basis for a yearlong extension of martial law in Mindanao and that it was likely their justification for it would be questioned in the Supreme Court.
The military said it had recommended the extension for its “psychological impact” on troops, but the senators said there was no armed uprising or actual rebellion in Mindanao, a requirement under the 1987 Constitution for the imposition of military rule.
President Rodrigo Duterte has asked Congress to extend his martial law declaration in Mindanao for a year from Jan. 1, citing continuing threats from the remnants of the Islamic State (IS)-inspired extremists who seized Marawi City in May and attacks by communist rebels.
Malacañang on Tuesday said it expected Congress to grant the President’s request.
“We look forward to the support, which has been given in the past by Congress,” presidential spokesperson Harry Roque told reporters.
‘Factual basis’
“We have factual basis for the declaration of martial law and we see no reason why Congress will not give its usual support to this initiative of the Chief Executive,” Roque said.
Mr. Duterte declared martial law and suspended the privilege of the writ of habeas corpus throughout Mindanao on May 23 after hundreds of local terrorists loyal to the Islamic State jihadist group rampaged through Marawi and seized large parts of the city to establish an IS province in Southeast Asia.
In July, Congress extended the proclamation up to Dec. 31 after which it ends unless extended again by the legislature.
Solicitor General Jose Calida said on Tuesday that the “ongoing rebellion” in Mindanao justified Mr. Duterte’s request for another extension.
“This request for further extension of martial law is amply supported by facts available to the President as Commander in Chief,” Calida said in a statement.
“The remnants of these rebel groups are currently regrouping and recruiting new members to sustain the ongoing rebellion,” he said.
Joint session
Congress holds a joint session on Wednesday to decide whether to extend military rule in Mindanao.
Key security officials briefed members of the House of Representatives on Tuesday on the situation in Mindanao.
The briefing lasted for three hours, after which House Majority Leader Rodolfo Fariñas said members of the House were “overwhelmingly” in favor of extending martial law
in Mindanao.
Security officials also briefed the senators on the situation in Mindanao to help them decide on Mr. Duterte’s request.
In a news conference after the briefing, Senate Minority Leader Franklin Drilon and Senators Francis Pangilinan and Bam Aquino conceded that Congress would likely grant Mr. Duterte’s request.
Drilon said the Liberal Party was taking the position that there was “no legal or constitutional basis” for another extension of military rule in Mindanao.
Actual rebellion
“There’s no factual basis and that the factual conclusion was validated in (Tuesday’s) briefing where the security forces said that the threat is continuing, that martial law has psychological impact in the performance of their duty. Unfortunately, these are not sufficient basis under the Constitution to extend martial law,” Drilon said.
Aquino and Pangilinan contended that there should be actual rebellion and not imminent threat to justify an extension of martial law in Mindanao.
Drilon pointed out that the Supreme Court, in deliberating on the martial law declaration in Mindanao, had also interpreted rebellion as having “actual clashes.”
Drilon and Pangilinan said that the defense and military officials said during the briefing that extending martial law would have a good psychological effect on government forces in Mindanao.
But they said the psychological effect of martial law was not a basis under the Constitution for Congress to extend military rule on the island.
Drilon noted that Mr. Duterte had cited five reasons for his request, including the threat posed by the communist New People’s Army (NPA).
Ask all questions
“Why, if it’s an extension of an original six-month period of martial law, the NPA is not a factor then? Why are they now including the NPA?” he said.
“A threat is different from an actual armed uprising,” he added.
Vice President Leni Robredo urged Congress to “ask all the questions at the back of our minds” when it sits on Wednesday to decide on Mr. Duterte’s request.
Speaking to reporters in Marikina City on Tuesday, Robredo said the lawmakers should look closely at the real situation in Mindanao before making a decision.
Most local officials in Mindanao support an extension, but several groups oppose the continuation of military rule on the island.
“They are not really for peace, they only want to perpetuate themselves in power,” said Drieza A. Lininding, chair of the Moro Consensus Group.
Italian missionary Sebastiano D’Ambra said he did not understand how martial law could eliminate terror groups or how it could deal with violence, though he urged the faithful to stay calm. —With reports rrom Leila B. Salaverria, Marlon Ramos, Dj Yap, Vince F. Nonato, Divina Suson, Jigger Jerusalem, Frinston Lim, Julie Alipala, Richel Umel and Edwin Fernandez
