SC affirms Duterte extension of martial law in Mindanao

The Supreme Court symbol in Manila. (File photo LYN RILLON / Philippine Daily Inquirer)

The Supreme Court (SC) has affirmed President Rodrigo Duterte’s martial law extension in Mindanao.

Voting 10-5, the high court dismissed the four consolidated petitions all saying there is no more need for a martial rule in the south.

“Public safety requires the extension, as shown by facts presented by the AFP (Armed Forces of the Philippines),” the high court said.

READ: About 50 foreign terrorists now operating in Mindanao – military official

Petitioners told the high court that there was also no factual basis to extend martial law and suspend the privilege of the writ of habeas corpus in Mindanao since President Rodrigo Duterte already declared last October that Marawi City — the center of skirmishes between government troops and ISIS-inspired Maute group — has been liberated

But SC said in determining “public safety” there is a certain flexibility on the part of Congress to determine if there is a need for a martial law proclamation or not.

“They do so by calibrating not only the present state of public safety but the further repercussions of the actual rebellion to public safety  in the future as well. The Constitution’s requirement is met when there is sufficient factual bases to hold that the present and past acts constituting the actual rebellion are of such character that endanger and will endanger public safety,” the high court said.

The first petition was filed on Dec. 27, 2018, by the minority bloc from Congress led by Albay Rep. Edcel Lagman together with Representatives Tomasito Villarin, Edgar Erice, Teddy Brawner Baguilat Jr., Gary Alejano and Emmanuel Billones.

The second petition filed on Jan. 8, 2018 by the National Union of Peoples’ Lawyers (NUPL) and party-list congressmen such as Carlos Zarate (Bayan Muna), Emmie De Jesus (Gabriela), Arlene Brosas (Gabriela), Ariel Casilao (Anakpawis), Antonio Tinio (ACT Teachers), and Sarah Elago (Kabataan).

The third petiton was filed by former Human Rights Commission head Loretta Ann “Etta” Rosales while the fourth petition was filed by a group led by former Commission on Elections chairman Christian Monsod.

Petitioners said that martial law is only the last resort on the arsenal of military powers of the President.

But the high court said “the determination of which among the powers granted to the Commander-in-Chief should be exercise in a given set of factual circumstances is a prerogative of the President.”

The majority are Associate Justices Presbitero J. Velasco Jr., Teresita J. Leonardo-De Castro, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. Del Castillo, Estela M. Perlas-Bernabe, Samuel R. Martires, Andres B. Reyes Jr. and Alexander G. Gesmudo.

The five dissenting magistrates are Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio T. Carpio, Associate Justices Marvic Leonen, Francis Jardeleza and Alfredo Benjamin Caguioa./jpv

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