Supreme Court defers ruling on martial law extension

MANILA, Philippines — The Supreme Court (SC) has deferred ruling on the legality of the third extension of martial law in Mindanao.

An SC insider said the magistrates included in their session yesterday the petitions seeking to extend martial law, but failed to decide on the case.

The petitions questioned the constitutionality of the extension of Proclamation No. 216 for another year or until December.

The source, who requested anonymity for lack of authority to speak for the court, said the magistrate in charge of the case was not ready with the draft decision, prompting the justices to reset the voting to Feb. 19.

The four petitions were filed by opposition lawmaker Albay Rep. Edcel Lagman and the Makabayan bloc led by Bayan Muna Rep. Carlos Zarate as well as groups led by  former Commission on Elections chairman Christian Monsod and lumad teachers and students represented by the Free Legal Assistance Group.

The petitioners reiterated their claims that there was no basis to justify the extension of martial law in Mindanao. 

They said the attacks and violence that occurred in Mindanao last year – including the four bombings cited in the report of the Armed Forces of the Philippines (AFP) – were acts of terrorism and not rebellion, which are required by law in the declaration of martial law.

Despite the recent twin bombings in Jolo, Sulu that killed at least 21 persons, the petitioners said public safety in Mindanao is not imperiled. 

They urged the SC to review the factual basis of martial law proclamation, which they said is a task specifically assigned by the Constitution to Congress.

Meanwhile, Solicitor General Jose Calida cited several attacks attributed to the New People’s Army in Mindanao, which he said were clear acts of rebellion.

Calida said the Jolo Cathedral bombing is proof of the ongoing threat to public safety posed by local terrorist groups.

He cited data from the AFP showing there are 424 active Abu Sayyaf bandits in 138 barangays in Basilan, Sulu, Tawi-Tawi and Zamboanga; 264 members of the Bangsamoro Islamic Freedom Fighters in 50 barangays; 59 Daulah Islamiyah terrorists; six members of the Maguid group and 85 members of Turaifie group.

Calida also cited the influx of foreign terrorists in the country to hire and train local militants and the entry of four others last year and 60 more on the AFP watchlist.

The solicitor general argued that the decision of Congress to approve the President’s request is beyond judicial review.

Calida mentioned an earlier ruling of the high tribunal, which upheld the previous extension of martial law. He asked the court to dismiss the petitions for lack of merit.