Sereno vows to defend freedoms under martial law

MANILA, Philippines - The judiciary remains committed to defending the freedoms the nation’s heroes had fought for.

Chief Justice Ma. Lourdes Sereno made the vow in her Independence Day message yesterday as the Supreme Court (SC) is set to review President Duterte’s declaration of martial law in Mindanao due to the siege of Marawi by Maute militants.

“The judiciary pays homage to all Filipino heroes, draws inspiration from them, reflects with sorrow on the fallen in Marawi and renews its commitment to the people to defend their freedoms,” Sereno said.

The SC chief paid tribute to “those who have fought for and continue to fight for our country’s freedom and sovereignty” and also to the country’s “fallen heroes present and past, all of who sacrificed lives and wealth, safety and comfort.”

“June 12, 1898 was a day our forefathers, armed only with an indomitable faith in the Filipino’s destiny, fought for and won at great cost. They charged though the most difficult obstacles so that our nation could live free. Their DNA lives on today in all those who continue to give all they have to ensure that our nation remains free,” Sereno added.

According to the SC public information office, the Chief Justice was invited to lead the Independence Day celebration at Bonifacio Monument in Caloocan.

But Sereno begged off due to preparations for the three-day oral arguments on petitions seeking to strike down martial law proclamation starting today.

The SC conducted preliminary conference on the three consolidated petitions by opposition lawmakers led by Albay Rep. Edcel Lagman, local Mindanao leaders led by lumad leader Eufemia Campos Cullamat and a group of women from Marawi led by Norkaya Mohamad yesterday afternoon.

It has also released the guidelines for the oral arguments that listed the issues to be tackled by parties.

Two other petitions were filed by separate groups led by former senators Rene Saguisag and Wigberto Tañada, both seeking issuance of a mandamus that would compel the Senate and House of Representatives to convene jointly to review the declaration. The SC has yet to act on these petitions.

Presumed constitutional

As the SC prepares to hear the petitions against martial law, Solicitor General Jose Calida has filed a 45-page comment seeking their dismissal.

Calida argued that President Duterte’s declaration of martial law through Proclamation No. 216 should be accorded the presumption of constitutionality as it is within the powers of the president under Article VII, Section 18 of the Constitution.

He argued that the decision of Duterte to declare martial law was based on factual reports from the Armed Forces as well as intelligence information submitted to him.

“There is nothing arbitrary in this reliance, as the President – given his vast responsibilities as head of state, chief representative in foreign affairs and commander-in-chief of the Philippine armed forces – could not be reasonably expected to personally determine the veracity of all these reports,” Calida pointed out.