Solons to file petition vs ML in SC before Christmas
Opposition lawmakers will ask the Supreme Court “definitely before Christmas” to strike down the yearlong extension of martial law in Mindanao for being unconstitutional.
In a press briefing on Thursday, Albay Rep. Edcel Lagman said the members of the opposition bloc in the House of Representatives would not be the
only lawmakers to challenge President Duterte’s prolonged imposition of martial law, the second extension of which was approved by a joint session of Congress on Wednesday.
Although 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 that 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 on the entire island.
Administration officials argued that remnants of the Maute terror group have begun 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, as required by the 1987 Constitution.
‘Inordinately long’
He also said the one-year extension, from Jan. 1 to Dec. 31, 2018, was “inordinately long” and contrary to the restraints set by the Charter.
He added that the Constitution 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 that the Constitution allowed Congress to extend the original proclamation only.
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 in Mindanao 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 [will] really look at the facts,” he said.
Magdalo Rep. Gary Alejano, a former soldier, said martial law was “not synonymous to military operations,” as the security sectors could deal with threats through normal operations and without resorting to a blanket permission for 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 is present nationwide.
But the President’s chief legal counsel, Salvador Panelo, said critics should respect Congress’ decision to extend martial law in Mindanao.
The extension is intended to support Mr. Duterte’s fight against rebel forces that seek to wreak havoc in the country, Panelo said.
“The underlying principle of governance is, in the words of the Constitution, to serve and protect the people. As such, the Constitution instructs, commands and orders the President to exercise the extraordinary power given to him in order to secure the safety of the people, which includes the opposition and critics as well,” he said. —WITH A REPORT FROM LEILA B. SALAVERRIA
