House minority questions martial law declaration at SC

MANILA, Philippines — The minority in the House of Representatives on Monday filed a petition before the Supreme Court, challenging the constitutionality of President Rodrigo Duterte's declaration of martial law in Mindanao.

The lawmakers from the opposition, headed by Albay Rep. Edcel Lagman, assailed the declaration in Mindanao as bereft of sufficient factual basis.

On May 23, Duterte issued Proclamation 216 which declares martial law and suspends the writ of habeas corpus in Mindanao following a clash between government troops and members of a local terror group in Marawi City.

Lagman, together with Reps. Tomasito Villarin, Gary Alejano, Emmanuel Billones, Teddy Baguilat Jr. and Edgar Erice asked that the proclamation be nullified.

The opposition lawmakers cited Section 18, Article VII of the 1987 Constitution which gives authority to the president to declare martial law "in case of invasion or rebellion, when public safety requires it."

"There is no revolution or invasion where the public safety requires the declaration of martial law and the suspension of the privilege of the writ of habeas corpus in Marawi City or elsewhere in Mindanao," the minority lawmakers said in their petition.

The lawmakers stressed that mere conclusions of fact and law on the pretended existence of rebellion and invasion will not serve as sufficient basis for such declaration.

The military admitted that the armed conflict in Marawi City was government-initiated and that the operation to capture Abu Sayyaf subleader Isnilon Hapilon triggered the armed confrontation.

"Consequently, the alleged 'siege' of Marawi City was actually an armed resistance by the Maute Group to shield Hapilon from capture, not to overrun Marawi and remove its allegiance from the Republic," the petition read.

The petition also listed the "mostly inaccurate, simulated, false and hyperbolic" terrorist acts or incidents that Duterte included in his proclamation to justify the imposition of martial law:

• Contrary to the President’s Report, the Amai Pakpak Medical Center (APMC) was not overrun by the Maute Group according to Dr. Amer Saber, APMC’s Medical Director, and the medical facility remains operational.
• The Landbank of the Philippines said that its branch in Marawi City was not ransacked by the terrorists, contradicting the President’s Report.
• The Senator Ninoy Aquino College Foundation was intact as of May 24 and Marawi City Schools Division Assistant Superintendent Ana Alonto said that the Marawi Central Elementary Pilot School was not burned by the terrorists, thus belying the President’s Report.
• The Police Chief of Malabang in Lanao del Sur, Senior Inspector Romeo Enriquez, is alive and was not beheaded by the terrorists, contrary to the claim of President Duterte upon his arrival from Russia on May 24.
• Contradicting Defense Secretary Delfin Lorenzana’s press briefing in Moscow on May 23, the Armed Forces of the Philippines denied that the Marawi City Hall was occupied and Mindanao State University (MSU) Vice President for academic affairs Alma Berowa assured that MSU has not been occupied.

READ: FACT CHECK: Inconsistencies in Duterte's martial law report

According to the minority lawmakers, Duterte's imposition of martial law is flawed because he acted alone without any recommendation from or consultation with ranking defense and military authorities.

Lorenzana admitted this when he briefed members of the Senate and the House of Representatives, the petitioners said.

Under the Constitution, the Supreme Court has special jurisdiction to review the "sufficiency of the factual basis" of such declaration or suspension.

Last week, the House issued a resolution adopting the report of the Committee of the Whole when it convened to fully support Duterte’s move.