Lumads, activists file motion to void Mindanao martial law

MANILA, Philippines - A group of lumads and militant activists against martial law filed a motion for reconsideration last Friday asking the Supreme Court (SC) to declare as unconstitutional the order of President Duterte to place the whole of Mindanao under military rule.

In a 37-page motion for reconsideration filed by the group led by lumad leader Eufemia Campos Cullamat, they asked the SC’s decision be reconsidered “and that judgment be rendered, in the highest interest of justice, declaring Proclamation No. 216 dated 23 May 2017 unconstitutional and void or alternatively, should the Court find justification for declaring martial law in Marawi City, that it be declared unconstitutional and void insofar as it included in the declaration the other parts of Mindanao.”

The group said the respondents, led by President Duterte, failed to prove that the facts mentioned in Proclamation No. 216 “Declaring State of Martial Law and Suspending the Privilege of the Writ of Habeas Corpus in the Whole of Mindanao” and the Chief Executive’s report to Congress were sufficient to establish that public safety requires the imposition of martial law in the entire Mindanao. 

They also argued that it is the SC’s constitutional duty to determine the veracity of the facts upon which the decision to declare martial law was based. The high court has also, in effect, set aside the constitutional safeguards of judicial review provided in Article VI, Section 18 when relied on the judgment of the President.

They asked the high court to undertake an independent investigation beyond the pleadings submitted in this case. It should also review the facts upon which Duterte anchored his declaration of martial law and suspension of the privilege of the writ of habeas corpus.

The Commission on Human Rights (CHR) believes that the government can quell the terrorist threat in Mindanao without extending martial law.

In a statement, the commission expressed confidence that law enforcement agencies would be able to restore rule of law in Mindanao even without the declaration of military rule.

“Believing in the rule of law, the commission respects the powers granted to the President of the Republic, including the authority to declare martial law and suspend habeas corpus in the interest of public safety,” the agency said.

“(But) at this current moment, (the CHR) believes the government has the full capacity and ability to address any extremist threat and lawless violence within established powers and authorities of our security forces and chain of command without the necessity of further exercising the martial law powers,” it added.

Regardless of the decision of Congress, the commission stressed the need to respect human rights.

It added that its regional offices in Mindanao have already looked into allegations of human rights violations since martial law was declared. – With Janvic Mateo