Solicitor General Jose Calida. Presidential Photo
The complainants opposing the year-long martial law extension in Mindanao should prove to the Supreme Court (SC) that rebellion has been successfully quelled by the government, according to Solicitor General Jose Calida.
Calida’s office on Wednesday filed a 99-page memorandum at the SC seeking to dismiss the petitions disputing Congress’ approval of a martial law extension in Mindanao for lack of merit.
In the memorandum, Calida stressed that the high court already ruled that President Rodrigo Duterte had “sufficient factual bases” to show that actual rebellion exists in the region.
“In any event, the Court had already declared that there is rebellion in Mindanao, the onus lies on the petitioners to show that the rebellion has been completely quelled,” Calida said.
READ: SC already ruled that rebellion exists in Mindanao, says Calida
“Since petitioners have not shown facts to the contrary, they cannot ask the Court to set aside the extension of the proclamation and suspension,” the solicitor general said.
Moreover, Calida said that there was no need for the government to show the magnitude of the rebellion.
“Placing the requirement of public safety on a scale, or even continuum, will not only prevent the application of the laws but undermine the Constitution,” Calida said.
“Martial law as an option of the President exists precisely to address a rebellion that endangers public safety,” the solicitor general said.
The SC received four petitions seeking to declare the martial law extension in Mindanao as unconstitutional.
All petitions stated that the extension, which was approved by Congress in a joint 240-27 vote last December, lacked sufficient factual basis as Marawi City was already liberated and key leaders of the rebellion were reported dead.
The solicitor general, however, argued that the liberation of Marawi City did not signal the end of the rebellion in the whole of Mindanao. /jpv
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