Calida: Martial law a 'political judgment' of the president

MANILA, Philippines — Solicitor General Jose Calida said on Wednesday that the declaration of martial law in Mindanao was the “political judgment” of President Rodrigo Duterte who may have based his decision on information not available to other people.

Calida, the chief government lawyer, was defending the president’s declaration of martial law in Mindanao during the oral arguments at the Supreme Court.

The solicitor general said that the president is from Mindanao, and argued that this placed him in a unique position to assess the situation on the island.

He said that Duterte had access to military and security intelligence information which could have shaped his decision on May 23 to place the island of 22 million under army rule.

“That was his political judgment. Since our president comes from Davao City and has been mayor for so many years, he knows the peace and order situation in Davao,” he said.

He added: “In this particular case, since he had access to intelligence reports and also since he monitored what was happening in Marawi that was his judgment call. I cannot argue with that.”

Calida was defending Proclamation 216 from several petitions aiming to nullify it. He faced strong questioning from the 15 justices of the Supreme Court some of whom were looking for legal grounds in declaring military rule even outside of Marawi City, the center of intense fighting.

The solicitor general emphasized that it was the “prerogative” of Duterte to apply some of the powers and remedies given to him by the Constitution if the country faced rebellion. One of these powers is the declaration of military rule, according to Calida.

“The Constitution vests the president the sole prerogative to determine which of the remedies or powers given to him by the Consitution he will apply,” he answered when asked by Justice Bienvenido Reyes if it was really necessary for the president to declare martial law in Mindanao.

The siege of Marawi City has entered its fourth week as security forces continue to comb through its streets in an effort to rid it of the remaining Islamist fighters.

The military said that 20 percent of the city was still under control by the militants, a sign of the difficulties government troops were facing as they engaged the terrorists in street-to-street urban combat.

'Actual rebellion needed'

Justices Reyes and Antonio Carpio focused their questioning on the presence of rebellion outside Marawi City which could justify the placement of entire Mindanao under martial law.

“It looks like in Marawi you can easily defend that there’s rebellion. But outside of Marawi I have not seen any evidence that there is actual rebellion in Dinagat Islands, Camiguin Island, Misamis Provinces, Agusan, Zamboanga, Davao, Surigao, Pagadian, Dapitan,” Carpio told Calida.

The senior associate justice also reminded the government lawyer that capability alone was not a sufficient ground for army rule declaration.

He said for it to be done actual rebellion must exist.

“Capability does not mean rebellion. As I said the other day, you have the intent to rebel, you have the capability, but you must have actual rebellion. This one does not speak of actual rebellion. It speaks of capability. They have the capability to attack,” he said.

With regard to the president’s martial law, Calida said that he trusted the president.

“I trust his judgment,” he told Reyes.