Calida: NPA rebellion nationwide but no need for martial law across Philippines

MANILA, Philippines — Solicitor General Jose Calida on Wednesday said the ongoing rebellion that justified the extension of martial law in Mindanao is happening nationwide although there is no need for a declaration covering the entire Philippines.

Senior Associate Justice Antonio Carpio, interpellating Calida at oral arguments on martial law, pointed out that the Communist Party of the Philippines-New People's Army operates nationwide.

He asked: "If the President can declare martial law in Mindanao because of CPP-NPA, can the President declare martial law in the entire Philippines?" 

Calida pointed out that Duterte did not — the original martial law declaration was premised on the Maute attack on Marawi in Lanao del Sur in May 2017 — and added that the Constitution restricts martial law in times of invasion or rebellion "when public safety requires it."

Duterte's top aides, including military officials, have been adamant in dismissing fears of nationwide martial law that petitioners and government critics have been raising.

Calida conceded that while he believes Duterte will not place the entire Philippines under martial law, "in the realm of possibilities, it is possible."

The government's chief legal counsel insisted that there is no need for a nationwide declaration and that the government is aware that the martial law proclamation only covers Mindanao.

In his presentation before the SC, Maj. Gen. Fernando Trinidad, Armed Forces of the Philippines deputy chief of staff for intelligence, said that communist rebels have been building up logistics and have been engaged in "extortionary activities" that hinder government development efforts.

Trinidad said that the NPA in Mindanao accounts for "47 percent of the total manpower, 48 percent of firearms, 51 percent of controlled barangays and 45 percent [of] fronts nationwide."

According to news reports, NPA units also operate in parts of northern and southern Luzon and in parts of the Visayas.

Trinidad also said that the CPP-NPA forces in Mindanao are "capable of sending augmentation forces to Northern Luzon forces."

'Inclusion of NPA coddlers, supporters, financiers opens floodgates to abuse'

Petitioners have questioned the inclusion of the recruitment of CPP-NPA in the Duterte's grounds for martial law extension. The appeal filed by the National Union of Peoples' Lawyers, in particular, said "inclusion of alleged 'coddlers,' supporters' and 'financiers,'" in the grounds for extension opens the floodgates for the arrest of any individual.

Christian Monsod, one of the framers of the Constitution and a petitioner in the case, said that democracy is on the line in its ruling on martial law petitions.

Monsod expressed disappointment that the SC, in its July 2017 decision that upheld the constitutionality of Proclamation No. 216, made it seem like martial law "is a measure of first resort rather than a last resort" as intended by the drafters of the Constitution.

Trinidad appealed to the SC to uphold the granting of the year-long extension in Mindanao so that the AFP "can hasten accomplishment" of the agency's mandate to secure Mindanao.

After six hours of oral arguments on Wednesday, Chief Justice Maria Lourdes Sereno wrapped up the oral arguments on the consolidated petitions challenging the factual basis of President Rodrigo Duterte's year-long extension of martial law in Mindanao. 

Parties have until the afternoon of January 24 to submit their memoranda on the case. Once submitted, the petitions are deemed submitted for decision.