Another petition vs martial law extension filed before Supreme Court

MANILA, Philippines — Another petition challenging the one-year extension of martial law in Mindanao was filed before the Supreme Court (SC) yesterday.

Petitioners led by Bayan Muna party-list Rep. Carlos Zarate asked the high court to issue a temporary restraining order (TRO) stopping the implementation of martial law in the south.

Just like the petition filed recently by the group of Albay Rep. Edcel Lagman, Zarate and company also sought the nullification of the order by President Duterte for the extension of declaration.

They also argued that there is no factual basis as required by the 1987 Constitution to justify the extension of martial law, claiming that the administration has even admitted that there is no actual rebellion in Mindanao.

The group cited Duterte’s admission that the government has achieved victory over the Islamic State-linked Maute terror group in October last year after a five-month campaign to oust them from Marawi city.

“Hence, by the government’s own admission, there actually exists no factual nor legal basis to support the extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao – for a longer period than the original one at that – considering that the facts constituting rebellion and threat to public safety in the assailed original proclamation have already been resolved and no longer persist,” read the latest petition.

Petitioners explained that the grounds raised by the executive branch in extending martial law, which was approved by Congress last month, “do not rise to the level of rebellion that constitutes a threat to public safety as contemplated by the Constitution.”

They alleged that the real target of the extension of martial law are those who dissent or oppose Duterte’s policy, including the NPA and its supporters and financiers.

Lastly, petitioners said the Senate and the House of Representatives committed grave abuse of discretion in allowing the extension of martial law and the suspension of the privilege of the writ of habeas corpus without enough legal or factual basis.

Zarate was joined by Reps. Arlene Brosas and Emmie de Jesus of Gabriela party-list, Ariel Casilao of Anakpawis, Antonio Tinio of ACT Teachers and Sarah Elago of Kabataan party-list in filing the petition.  

They named as respondents President Duterte, Senate President Aquilino Pimentel III, Speaker Pantaleon Alvarez, Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, AFP chief General Rey Leonardo Guerrero and Philippine National Police chief Director General Ronald dela Rosa.

A similar petition was filed last month by Lagman, which cited similar arguments.

Malacañang is confident that it can defend the legality of the martial law extension before the SC. 

“We can certainly defend martial law as it has been reviewed already by both houses of Congress. Both houses of Congress voting jointly concluded there is both factual and legal basis (to declare martial law),” presidential spokesman Harry Roque said. 

“Two branches of government have already ruled martial law is constitutional and we’re confident that the Philippine government, the executive, can defend this position in the Supreme Court as well,” he added. 

Roque also disputed the petitioners’ claim that martial law could be used to persecute groups critical of the government. 

Roque claimed that branding the NPA as terrorist is “separate and distinct” from the declaration of martial law in Mindanao. 

“They were branded as terrorists because they are terrorists,” the spokesman said. 

Dismiss Lagman petition — OSG

Yesterday, the Office of the Solicitor General asked the SC to dismiss Lagman’s petition for lack of merit.

In its comment, Solicitor General Jose Calida stressed that petitioners failed to fulfill their burden of proving by evidence that there is no factual basis to extend martial law in Mindanao and that Congress acted contrary to the Constitution in approving the extension.

Calida argued that the extension of martial law was simply necessary.

“Public safety inevitably requires the extension of the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao. The danger and risks the Daesh-inspired DIWM, local terrorist groups, and the NPAs pose still remain high and the extension of martial law will necessarily address the rebellion being waged by these groups,” he said. –Alexis Romero