Calida: Rights abuses should not stop martial law extension

Alleged human rights violations committed by soldiers are not enough reason to stymie the yearlong extension of martial law in Mindanao, Solicitor General Jose Calida has told the Supreme Court.

In a consolidated reply, Calida also argued that President Rodrigo Duterte was not required to prove that prolonging the Mindanao-wide military rule and the suspension of the privilege of the writ of habeas corpus until Dec. 31 had factual basis.

This was because the 15-member tribunal had already recognized the existing rebellion in Mindanao when it sustained the constitutionality of Mr. Duterte’s Proclamation No. 216 in July last year.

“The President does not have the burden to show sufficiency of factual basis for the extension of martial law,” Calida said in response to the four separate petitions challenging the President’s order to extend martial law in Mindanao.

“The allegations of the petitions are devoid of factual moorings. Their doubtful, speculative and argumentative statements unsupported by concrete evidence cannot overturn the presumption of constitutionality of the [martial law extension],” he said in a Jan. 13 pleading.

Calida disputed the claims of the Makabayan bloc, which filed one of the petitions, that drawing out the military rule would only result in more human rights abuses and that it was intended to silence the President’s critics.