Any martial law to be based on facts — Palace exec

Senior Deputy Executive Secretary Menardo Guevarra (second from right) swears before the start of the joint congressional hearing on the extension of martial law in Mindanao. PHILIPPINE DAILY INQUIRER / LYNN RILLON

A nationwide declaration of martial law will depend on the “factual circumstances” as defined by the Constitution, a Palace official told Congress on Wednesday.

In a joint session of Congress, Senior Deputy Executive Secretary Menardo Guevarra responded to Senate Minority Floor Leader Franklin Drilon’s question on whether the extension of martial law in Mindanao was “a prelude to a nationwide declaration of martial law.”

“As to the question of the senator that this is a prelude to a nationwide declaration of martial law, I suppose that that is more of a rhetorical question,” Guevarra said.

“I believe all of these would depend on the factual circumstances as defined by the Constitution, under section 18 of article 7,” he added.

Guevarra noted that an “actual rebellion” and “a threat to public safety” should be present before declaring martial rule.

“And there’s a 3rd element added by the Supreme Court in the case of Lagman vs Medialdea, that there should be probable cause,” he added.

Reacting to Drilon’s statement questioning the basis of extending martial rule in the region for another year, Guevarra said: “It’s not just a threat. It’s a factual threat that this Congress validated and subsequently affirmed by the Supreme Court.”

“The court found the existence of a state of rebellion in Mindanao not in Marawi City and therefore as a matter of fact the SC in the decision mentioned other events happening elsewhere other than in Marawi. In Basilan, Tawi-tawi, Cotabato and elsewhere in Mindanao,” he added.

The court, Guevarra said, even concluded that all these suggest that rebellion in Marawi has already spilled over to parts of the Mindanao. /cbb

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