Setting the tone for SONA

By this time, it has become crystal clear that terrorist groups operating in Mindanao have been comrades in arms all this time, not just because of their family linkages. Led by the notorious Maute brothers who have laid siege in Marawi City since last month, their fellow criminal bandit groups like the Bangsamoro Islamic Freedom Fighter (BIFF) and the Abu Sayyaf have banded together to push their purported bid to establish Islamic State (IS) in southern Philippines.

The past leaderships of both the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) were in a state of denial before about the IS influence getting beachhead in our country. They merely reflected the thinking of the past national leadership.

Being no stranger to the terrorist attacks and other criminal activities perpetrated by these radical bandit groups while he was still Mayor of Davao City, President Rodrigo Duterte took the bull by the horn, so to speak.

Citing his Maranaw bloodline, the former Davao City Mayor was already warning us early on during the presidential campaign last year about the brewing powder keg in Mindanao.

The terrorist groups first bombed a crowded public market in Davao City on Sept. 2 last year, killing 14 people. Apparently testing the waters at first with his calibrated response on this growing threat group, President Duterte declared a state of lawlessness all over the country. Up to this date, Proclamation No. 55 – or state of national emergency on account of violence in Mindanao – has not been lifted and therefore still remains in effect.

So when it came to pass, there was no hesitation at all when President Duterte invoked his powers as Commander-in-chief to declare martial law immediately following the Maute siege in Marawi City last May 22. This, after the Mautes hoisted IS flags – to give their criminal and terror acts semblance of rebellion all over Marawi City.

After the President issued Proclamation 216, imposing martial law in Mindanao for a period of 60 days, it met legal challenges at the Supreme Court (SC). Three consolidated petitions were by opposition lawmakers led by Albay Rep. Edcel Lagman, local Mindanao leaders led by Lumad leader Eufemia Campos Cullamat and a group of women from Marawi led by Norkaya Mohamad. Two other petitions were filed by separate groups led by former senators Rene Saguisag and Wigberto Tañada both seeking issuance of a mandamus that would compel Senate and the House of Representatives to convene jointly to review the declaration.

Giving due course to these petitions, the SC set three days of oral arguments for all petitioners to argue their case against the government represented by the Solicitor General.

On its third and last oral arguments held last June 15, the High Tribunal decided to hold an internal, or closed-door session with the top security officials of President Duterte who justified the continued imposition of martial law all over Mindanao.

Summoned to shed light in the presence of the 15 SC justices was no less than martial law administrator Defense Secretary Delfin Lorenzana, and AFP Chief of Staff Gen. Eduardo Año as the martial law implementor. Lorenzana and Año presented intelligence information that bolstered the justification for Proclamation No. 216.

In his Facebook account, retired SC justice Adolf Azcuna described as a vindication for the framers of the country’s 1987 Constitution the holding of oral arguments at the SC on President Duterte’s martial law proclamation in Mindanao and his suspension of privilege of habeas corpus writ. Azcuna was one of the 50 men and women headed by the late Justice Cecilia Munoz-Palma who were appointed by the late President Corazon Aquino to frame the new Constitution.

As member of the Constitutional Commission, Azcuna helped draft a completely new Constitution following the 1986 EDSA People Power Revolution that saw the ouster from Malacanang of the late President Ferdinand Marcos. By virtue of the 1972 Constitution, Marcos imposed a nationwide martial law on Sept. 21,1972 until he was ousted from office.

Now as the chancellor of the Philippine Justice Academy (PhilJAc), Azcuna expressed his personal impressions on how the country’s Constitutional processes were being closely followed by the sitting President who invoked his powers to declare martial law in accordance with the requirements of the highest laws of the land.

Having attended the oral arguments at SC – which were open to the public – Azcuna disclosed he sat with the members of media watching a live video feed of the oral arguments at the lobby of the SC in Padre Faura, Manila.

Azcuna shared his observations on the first two days of oral arguments at the High Court that was open to the public and wrote:

“Very interesting. Am fascinated by how what we drafted into the present Constitution is coming alive in the exchange of questions and answers in the oral arguments. I can see now how we were right in providing for these safeguards in the new Constitution.”

“For me the fact alone that such a forum and discussion are taking place is a revolutionary change already. You could not have had this during the Marcos declaration as the 1935 Constitution did not provide for it and these petitions would have been dismissed outright as involving a political question not justiciable by courts.

“I feel vindicated.”

“Not all were foreseen. The gaps have to be filled in by the Supreme Court thru its power to interpret the Constitution. This is what is known as closing the open texture of the law. (HLA Hart, The Concept of Law).”

Now entering its fifth week, fighting in Marawi continues as government forces are still slowly trying to dislodge the remaining Maute-IS terrorists still holed up in at least four of the 96 villages around the city. As martial law administrator, Lorenzana vowed to make a strong push for government forces to put an end to the Marawi siege at least before the President’s next State of Nation Address (SONA).

The SC has until July 4 to rule on the case as it only has 60 days to resolve the petition from the date of filing. An insider bared that the case would be resolved in an en banc session set on that day.

Whatever the SC ruling may be, it will set the tone on what President Duterte will deliver during his second SONA this July 24 at the joint opening of the 17th Congress of their second regular sessions.