Opposition to challenge martial law extension before Christmas

Magnificent Seven lawmakers Representatives Tomasito Villarin, Gary Alejano, Edcel Lagman and Edgar Erice express their opposition to martial law. PHOTO/Vince F. Nonato, PDI

Opposition lawmakers will ask the Supreme Court “definitely before Christmas” to strike down the year-long extension of martial law in Mindanao until Dec. 31, 2018, for being unconstitutional.

In a press briefing, Albay 1st Dist. Rep. Edcel Lagman said his Magnificent bloc would not be the only lawmakers to challenge President Duterte’s prolonged imposition of martial law, the second extension of which was approved by Congress in 240-27 vote on Wednesday.

Even as the Supreme Court voted 10-3-1 on July 4 to uphold Proclamation No. 216, dated May 23, for its original 60-day extent, Lagman said he hoped that “this time, [it] will see one there is no factual and constitutional basis for extension of martial law.”

He said the petition would argue that there was no “actual rebellion” going on in Mindanao, following the liberation of Marawi City on Oct. 23, five months after martial law was imposed in the south.

Administration officials argued that remnants of the Maute armed group have begun actively recruiting Muslim youths for a new wave of attacks and also invoked the bogey of the 48-year old communist insurgency.

But, Lagman said these “only constitute threats” and not an “actual” rebellion required by the 1987 Constitution.

He also said the one-year period was “inordinately long” and contrary to the restraints set by the Charter.

He added that the Charter did not provide for the imposition of military rule and suspension of the privilege of the writ of habeas corpus “in perpetuity.”

Saying that “an extension cannot be anymore extended,” Lagman argued the Constitution only allowed Congress to extend the original proclamation.

When the original proclamation was about to lapse on July 23, Congress on July 22 first granted Mr. Duterte’s request to extend martial law for about five months until Dec. 31 this year. At the time, Lagman said Marawi was “still burning,” unlike now.

“We are more confident this time and we hope the Supreme Court would really look at the facts,” he said.

Magdalo Rep. Gary Alejano, a former soldier-turned-mutineer, said martial law is “not synonymous to military operations,” as the security sectors could address threats by way of normal operations without resorting to a blanket permission of warrantless arrests.

He added that Mr. Duterte’s expansion of his proclamation to “communist terrorists” was also meant to “condition the mind of the people it could be expanded to Visayas and Luzon,” since the New People’s Army are present nationwide.

For Akbayan Rep. Tomasito Villarin’s part, he said the quick approval of the martial law extension and the fast-tracking of the Constituent Assembly to change the Constitution “would basically lead to institution of Duterte perhaps not just as a dictator for the next four years but as a dictator for life.”