SC to Palace: Answer petition vs Martial Law extension

MANILA, Philippines — The Supreme Court (SC) has ordered Malacañang and Congress to answer the petition of seven opposition lawmakers challenging the third extension of martial law in Mindanao.

In session yesterday, SC justices also decided to set the petition filed last week by the group led by Albay Rep. Edcel Lagman for oral arguments on Jan. 22 and 23.

The Court required the respondents to submit their comment within a non-extendible period of seven days from receipt of notice, according to SC spokesman and court administrator Midas Marquez.

In their petition, Lagman led the petitioners in urging the SC to declare as unconstitutional the extension of martial law for another year or until Dec. 31, 2019 as well as the suspension of the privilege of the writ of habeas corpus in Mindanao.

The group again reiterated the Resolution of Both Houses 16 that was approved in joint session last month and which granted President Duterte’s request to Congress to extend martial law for a third time violated the 1987 Constitution.

The same petitioners earlier filed two petitions questioning the martial law declaration and the succeeding one-year extension, which were both dismissed by the SC in July 2017 and February last year, respectively, for lack of merit.

Like in previous petitions, Lagman’s group again questioned the factual basis of the third extension and insisted that public safety in Mindanao is “not imperiled” anymore because rebellion “does not exist and persist.”

They alleged there was no actual, ongoing armed uprising against the government to justify the new extension.

Petitioners further argued there is no need for another extension as the government had achieved its goal when it ended the Marawi siege and defeated the Maute group and a faction of the Abu Sayyaf.

They cited as proof Duterte’s announcement in October 2017 that Marawi was already liberated.

Calling the third extension a “virtual perpetuity,” the period of martial law declaration would now reach a total of 891 days.

Lagman was joined by Akbayan Rep. Tom Villarin, Ifugao Rep. Teddy Baguilat Jr., Caloocan City Rep. Edgar Erice, Magdalo Rep. Gary Alejano, Quezon City Rep. Jose Christopher Belmonte and Dinagat Islands Rep. Kaka Bag-ao in filing the petition.

In its earlier ruling, the Court said “the manner of Congress’ deliberation with respect to the President’s request for extension of martial law in Mindanao for one year is not subject to judicial review.”

The SC also ruled the Congress has “full discretionary authority” to promulgate their own rules, and which power is exempt from judicial review and interference, “except on a clear showing of such arbitrary and improvident use of the power such as would constitute a denial of due process.”