3rd petition filed in SC vs martial law extension

MANILA, Philippines — A third petition to assail the legality of the extension of martial law in Mindanao has been filed before the Supreme Court (SC), which decided to reset the oral arguments on the issue to Jan. 29 and 30 instead of today and tomorrow.

A group led by former Commission on Elections chairman Christian Monsod filed the third petition asking the high court to declare as unconstitutional the extension of Proclamation 216 for another year or until December 2019.

His group, just like the stand of opposition lawmakers led by Albay 1st District Rep. Edcel Lagman and militant lawmakers from the Makabayan bloc led by Bayan Muna party-list Rep. Carlos Zarate, alleged that the factual bases for the declaration or extension of martial law in Mindanao no longer exist.

In a 30-page petition, Monsod’s group argued that the 1987 Constitution requires that both actual rebellion and requirement of public safety must exist to allow an extension of martial law declaration.

“The factual situation present in Mindanao, which is the basis for the President to intimate the extension of martial law and the Congress to approve, does not show that courts or the branches of civilian government are unable to carry out its functions,” it read.

They urged the high court to fulfill its mandate under Article 7, Section 18 of the Constitution “to be proactive and to independently determine the factual basis of the proclamation or extension of the declaration of a martial law” and suggested that the SC conduct an “independent inquiry, investigation, scrutiny and judgment” and not just rely on the report provided by the executive branch.

“Clearly, the intent of the framers of the Constitution is for the Honorable Court to play an active role in the determination of the sufficiency of the factual basis for the extension of martial law at this instance,” argued the group of Monsod, who was a member of the commission that drafted the 1987 Charter.

Solicitor General Jose Calida already filed the comment for the executive branch and sought the dismissal of the petition. He told the Court that rebellion – a key requirement for declaration of martial law under the Constitution – persists in Mindanao.

Calida cited the official report of the Armed Forces that said the “ongoing rebellion of the Daesh-inspired groups and its local and foreign allies, particularly the Daulah Islamiyah, and the Communist Party of the Philippines-New People’s Army (CPP-NPA) forces in Mindanao.”