DOJ: New martial law extension to pass SC test

MANILA, Philippines — The executive branch is confident that the extension of martial law in Mindanao will stand any legal challenge before the Supreme Court (SC).

Justice Secretary Menardo Guevarra yesterday said he believes the SC will dismiss the petition to be filed by several opposition lawmakers questioning the constitutionality of another one-year extension of martial law declaration or up to December next year.

“For as long as the government can clearly show that there is factual basis for the further effectivity of martial law, I guess that petition is bound to fail,” he stressed at a press conference.

“The job of the Supreme Court is to determine whether there is factual basis for the extension. I guess all the necessary facts have been laid when the Office of the President explained this,” he added.

The DOJ chief further argued that Malacañang has already laid down all the necessary facts for martial law extension in its request that was approved by Congress recently.

Albay 1st District Rep. Edcel Lagman earlier revealed a plan to again question before the SC the latest martial law extension.

Guevarra, however, reiterated that the factual grounds for the declaration of martial law continue to exist in the southern island.

“We have no reason to doubt the truthfulness of the reports of our Armed Forces on the continued existence of rebellion and the requirement of public safety in Mindanao. For as long as the factual basis subsists, the DOJ supports the further extension of martial law in Mindanao,” he explained.

Senior Associate Justice Antonio Carpio shared the same opinion, saying the plan to further extend Proclamation 216 that placed Mindanao under martial law during the Marawi siege in May last year may be pursued as long as the requirements in the law are still met.

Carpio cited the SC’s decision in July last year that upheld the constitutionality of the martial law declaration of Duterte and also the ruling in February that affirmed the one-year extension of the proclamation until end of this year.

In upholding Proclamation 216, the high court held that the necessary requisites for the declaration of martial law were present in Mindanao, particularly the existence of a “real and present rebellion that threatens the lives of our fellow Filipinos in Mindanao and their much-cherished liberties.”

The SC likewise allowed the one-year extension of the proclamation, saying the factual bases for martial law declaration still existed as proven by evidence submitted by the Armed Forces of the Philippines.

The court also ruled that it has no power to review the decision of Congress to grant the request of President Duterte for the one-year extension.

The SC explained that it could only step in once there is clear showing of arbitrary and improvident use of power by Congress under Article VII, Section 18 of the 1987 Constitution, which it said is lacking in this case.

It also rejected the argument of petitioners that the extension should have only been limited to 60 days, saying the Constitution does not set a limit to the number of times Congress can extend the martial law declaration by the President.

ML extension critics hit

Meanwhile, Philippine National Police chief Director General Oscar Albayalde yesterday hit back at critics who said that the extension of martial law in Mindanao shows the government’s failure to address the problems in the region.

On the contrary, Albayalde said the imposition of martial law in Mindanao has brought positive results, the reason why the government pushed for its extension.

“Martial law was extended to sustain the gains that we have had,” he said in an ambush interview.

Opposition senatorial bet Samira Gutoc was quoted in news reports as saying that military rule has failed in terms of social service delivery for the people of Mindanao.

The crime volume in Mindanao, according to Albayalde, went down by 32.08 percent since martial law was imposed in the region, translating to a more peaceful community.

He chided critics for saying that martial law did not bring anything good to Mindanao.

“There’s nothing that they do but to criticize,” he said.

For the police chief, martial law in Mindanao is necessary to maintain the positive gains of the government and sustain the campaign against terrorist groups such as the Abu Sayyaf.

“You could just imagine the gains. Are we going to waste them?” he said.   – With Emmanuel Tupas