Palace tells critics of martial law extension to question it before SC

MANILA, Philippines — Critics of the extension of martial law in Mindanao can file a case before the Supreme Court to question the move, Malacañang said on Monday, after President Rodrigo Duterte formally asked Congress to lengthen military rule for another year.

In a letter to Congress dated December 8, Duterte cited the continuing threats of Islamic State-inspired militants, local terror groups and communist rebels in justifying his request to extend military rule in effect in Mindanao since May 23 following an attempt by terror fighters to take over Marawi City.

Duterte said that surviving members of the Maute Group, which led the attack on the Islamic City in May, and their allies had been recruiting new members in Maguindanao, North Cotabato, Sulu and Basilan.

The extension of military rule would "ensure total eradication of DAESH-Inspired Da’awatul islamiyah Waliyatui Masriq (DIWM), other like-minded Local/Foreign Terrorist Groups (L/FTGs) and Armed Lawless Groups (ALGs), and the communist terrorists (CTs) and their coddlers, supporters, and financiers," according to Duterte's letter to Congress made available to media only on December 11.

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Harry Roque, Duterte's spokesman, said that Duterte relied on his security commanders on the ground in making that decision.

"We're not in a position to second-guess them," Roque said of military commanders. "In any case, they are free to challenge martial law anew in the Supreme Court."

The spokesman noted though that the past two challenges on martial law before the Supreme Court resulted in a legal victory for the government.

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Some lawmakers have questioned the legal basis for martial law's extension since the idea was floated weeks ago.

Sens. Bam Aquino, Franklin Drilon, Risa Hontiveros, Francis Pangilinan and Antonio Trillanes IV said that the declaration and military air strikes were the reason why residents of Marawi fled the town during the initial stages of the conflict.

There were also fears that the extension of martial rule and the continued suspension of the privilege of the writ of habeas corpus would result in human rights abuses.

Karapatan Secretary General Cristina Palabay said Duterte's request could eventually lead to a declaration of military rule in the entire Philippines.

Karapatan said that based on its record there had been 29 victims of extrajudicial killings in Mindanao since it was placed under military rule on May 23.

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It said that most of the victims were members of local farmers' groups supposedly targeted for their campaigns for agrarian reform and against militarization.

Roque also doused fears that the one-year extension would negatively affect the economy of Mindanao, already home to some of the country's poorest regions.

"[T]he economic figures that we have reported, all of which show solid performance of the economy, include, of course, the economy in Mindanao," Roque said in a media briefing in the Palace.

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Duterte also vowed to use the full force of martial law against communist militants who were recently declared as terrorists by the government.

"Act of rebellion is a continuing crime so for as long as they don’t lay down their grounds, they are committing a criminal act," Roque said, stressing that there is an ongoing conflict between the rebels and security forces.

He also cited the presence of the Bangsamoro Islamic Freedom Fighters in Maguindanao and North Cotabato and of the Abu Sayyaf in Basilan, Sulu, Tawi-Tawi and Zamboanga City as security concerns that should warrant the extension of martial law.