Rody won’t defy SC – Palace

MANILA, Philippines - President Duterte will not defy the Supreme Court or Congress on his martial law proclamation in Mindanao, Malacañang said yesterday as it allayed fears over his dismissing possible rejection of his move by the SC.

In a press briefing, presidential spokesman Ernesto Abella made it clear Duterte does not intend to ignore the other branches of government.

In Sulu on Saturday, Duterte said in remarks meant to boost the morale of soldiers that martial law would remain and that he would listen only to the military and the police regarding the wisdom of his decision.

He said SC and Congress members weren’t the ones suffering from the ongoing operations against the Maute group in Marawi City.

The siege of Marawi by the Maute prompted Duterte to place the entire Mindanao under martial law. Critics, especially the political opposition, accused Duterte of leading the country to a dictatorship with his pronouncements.

“The President meant that those who (are) truly aware of the situation are the military and the police. This is not meant to bypass the Supreme Court or the legislative (branch). It simply means to say that those who have true and accurate report in which he will depend on will be the military and the Philippine National Police,” Abella told reporters at Malacañang.

“Of course, he will respect (the Supreme Court) but based on his own considerations being commander in chief. He is not disrespecting the Supreme Court,” he added.

Abella said the President is willing to have a dialogue with Congress and the Supreme Court on martial law in Mindanao.

“He (Duterte) will listen and there will have to be a proper dialogue with the President as commander in chief. They will have an ongoing conversation regarding that,” the palace spokesman said.

“They should be in conversation, then they can continue to make decisions and they can continue to make recommendations,” he added.

Also last Saturday, President Duterte announced plans to include in his martial law order his war on illegal drugs.

“I will come up with another general order. I think (Defense Secretary Delfin) Lorenzana will do it. He is the administrator of martial law,” the President said in remarks before soldiers.

“(It) actually started with drugs,” he said, referring to what he considered the root of terrorism. “And they were producing drugs halfway, not really for business but to fund the terrorism.”

In a report on martial law submitted to Congress, Duterte said the Maute terrorists have links to foreign armed groups and are receiving illegal drug money.

“Reports abound that foreign-based terrorist groups, the ISIS (Islamic State of Iraq and Syria) in particular, as well as illegal drug money, provide financial and logistical support to the Maute group,” the President said in the report.

Even before the declaration of martial law, Duterte had been threatening to disregard the rulings of the judiciary if they interfere in his policies.

Last August, Duterte accused Chief Justice Ma. Lourdes Sereno of interfering in his clampdown on illegal drugs and even threatened to declare martial law if she continues to meddle with the crackdown.

The President later apologized to Sereno and admitted that his remarks contained “harsh words that were unintended.”

Constitutional crisis

Justice Secretary Vitaliano Aguirre II admitted there might be a constitutional crisis if the SC revokes the martial law declaration despite an overwhelming support for it from Congress.

“That will be a problem. That’s the possible constitutional crisis that I’m saying,” he told reporters in a press conference yesterday.

Aguirre believes this could be avoided if the high court would just leave the power to review the martial law declaration to Congress.

“In my opinion, the Supreme Court is almost powerless to override the declaration of the President and Congress. Why? Because once Congress declares that martial law is improper and the declaration of martial law by the President is revoked, nobody can overturn that revocation – not even the SC,” he explained. Aguirre said the SC has 30 days to decide on a petition questioning martial law.

“However, I believe that in view of the declaration of the President and the concurrence of Congress, the only way that the SC could oppose this is when it shows that the president acted arbitrarily, which means there was no basis at all for the declaration. And that is far fetched because there was an obvious rebellion in Marawi that justified the declaration,” he stressed.

Article VII, Section 18 of the 1987 Constitution gives the president the power to declare martial law or suspend the privilege of writ of habeas corpus in cases of lawless violence, rebellion or invasion – subject to mandatory review of Congress.

Aguirre cited the very detailed report that the President submitted to Congress justifying the declaration of martial law in Mindanao.

In his report, Duterte pointed out that the joint attack by the Maute and Abu Sayyaf groups in Marawi City was a “prelude to eventually take over the entire island.”

In the same press conference, Aguirre clarified the statement of the President that he would ignore Congress and the SC on the martial law issue.

Aguirre said the statement was taken out of context.

“What he was saying is that he declared martial law based on knowledge only he knows, so the judiciary and Congress cannot intervene because they don’t know the factual basis of the declaration,” the justice chief explained.

Ombudsman Conchita Carpio Morales, for her part, said Duterte’s statement was nothing but empty words.

“Salita lang yan eh (Those are just words). Until a case reaches the Supreme Court, that’s the time we can say ganito ganyan (this or that),” Morales said in a chance interview with reporters on the sidelines of an anti-corruption event in Pasig City.

Under the Constitution, any party can ask the SC to review the President’s basis for declaring a martial law.

Morales stressed the parameters set in the Constitution were clear and shall be observed.

“Our bill of rights remains. The parameters on the declaration of martial law are defined in the Constitution. The President is a lawyer, he has advisers, so he is presumed to know the limitations of the Constitution,” Morales said.

She also said her office is ready to initiate any investigation into human rights abuses committed in the course of the implementation of martial law.

“In the event of arbitrary arrests, then possible (to conduct an investigation), if it involves public officials or private officials in conspiracy with public officials,” Morales said.

Meanwhile, Davao del Norte Rep. Antonio Floirendo, who had a falling out with Speaker Pantaleon Alvarez, voiced support for martial law.

“I stand firm behind President Duterte in his decision to impose martial law in Mindanao in order to stop the rebellion and growing threat of terrorism in the region,” he said in a statement. – With Edu Punay, Elizabeth Marcelo, Delon Porcalla