Ex-solgen seeks SC relief on martial law declaration

MANILA, Philippines - Former solicitor general Florin Hilbay has initiated a bid to seek relief from the Supreme Court (SC) against President Duterte’s martial law declaration in Mindanao.

In his Twitter account, Hilbay called on fellow lawyers to file a petition before the SC to compel Congress to review the martial law proclamation and suspension of the previlege of the writ of habeas corpus in Mindanao due to attacks by the Maute  group in Marawi City.

“Here’s an idea: 300 lawyers signing on to an SC petition to require Congress to comply with its constitutional duty to convene and deliberate,” Hilbay suggested in his post last Sunday.

“Opposing martial law is not about distrusting our military. It’s distrusting politicians who use them. It is opposition to a dictatorship,” he stressed in an earlier post.

Among those who responded to his post was former deputy presidential spokesperson Abigail Valte, who replied, “Where do I sign?”

An organization of activist youth also called on the Duterte administration to lift the declaration of martial law, following the deaths of civilians in Marawi City. 

“The safety and well-being of the people in Marawi and in other parts of Mindanao must be given priority. The President’s an-eye-for-an-eye strategy and gung-ho style military operations are contradictory to this administration’s pronouncements,” Samahan ng Progresibong Kabataan, or SPARK, said in a statement. 

Hilbay made the call after Duterte’s allies in Congress said they no longer need to convene to approve Proclamation No. 216, which declared martial law in Mindanao.

Article VII, Section 18 of the 1987 Constitution gives the president the power to declare martial law or suspend the privilege of the writ of habeas corpus in cases of lawless violence, rebellion or invasion, subject to supposed mandatory review of Congress for affirmation, extension of revocation.?The same provision allows the Supreme Court to review the order upon filing of petition.

The SC had an opportunity to use this power when former president Gloria Macapagal-Arroyo’s declaration was questioned before the court. –  With Romina Cabrera, Non Alquitran