Lawmakers question ‘factual basis’ of martial law before high court
SEVEN LAWMAKERS have challenged before the Supreme Court the “sufficiency of factual basis” of President Rodrigo R. Duterte’s Proclamation No. 216, declaring martial law and suspending the privilege of the writ of habeas corpus in Mindanao.
The seven congressmen, led by Albay Representative Edcel C. Lagman, raised the factual basis of Mr. Duterte’s proclamation and sought its nullification “for utter lack of sufficient factual basis.”
Mr. Duterte on late night of May 23 placed the entire main island of Mindanao and its island groups under martial law as security forces clashed with members of the Maute terrorist group in Marawi City, provincial capital of Lanao del Sur.
The solons cited Section 18, Article VII of the 1987 Constitution as the basis of their petition: “The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.”
The solons questioned what they termed the “factual basis” of Mr. Duterte’s proclamation, pointing out that no one from the Armed Forces of the Philippines ( AFP) and the Department of National Defense (DND) recommended placing Mindanao under martial law.
The lawmaker-petitioners also challenged the “alleged facts” in Proclamation No. 216 as being “mostly inaccurate, simulated, false and/or hyperbolic.”
They cited the President’s Report citing the Maute terrorist group hoisting the IS flag in Amai Pakpak Hospital, which was categorically denied by physician Amer Saber, chief of the said hospital. Mr. Saber’s statement was also backed by the statement of Philippine National Police Spokesperson Senior Superintendent Dionardo B. Carlos.
Other circumstances pointed out by the petitioners are the ransacking of Land Bank of the Philippine as also denied by the bank; the reported siege on the Senator Ninoy Aquino College Foundation and Marawi Central Elementary Pilot School, which school officials denied; and the reported beheading of Malabang Town Police Chief Senior Inspector Romeo Enriquez, who surfaced alive a few days after the proclamation on May 23.
“Indeed, these patent falsities render the President’s report entirely unreliable and [its] sufficient factual basis untenable,” the petition reads.
“In the absence of any recommendation from the defense and military authorities and without prior consultation with them, the President acted on his own perception and consequently the Proclamation lacks sufficient factual basis as it is bereft of official advice, counsel and coordination,” the petition further reads.
Joining Mr. Lagman as petitioners are Akbayan Citizens’ Action Party-list Representative Tomasito S. Villarin, Magdalo Party- list Representative Gary C. Alejano, 1st District of Capiz Representative Emmanuel A. Billones, Lone District of Ifugao Representative Teddy Brawner Baguilat, Jr., 1st District of Northern Samar Representative Raul A. Daza, 2nd District of Caloocan Representative Edgar R. Erice.
Named as respondents are Executive Secretary Salvador C. Medialdea, Defense Secretary Delfin N. Lorenzana and AFP Chief of Staff Gen. Eduardo M. Año.
Solicitor General Jose C. Calida said in a statement that he is “ready to defend Proclamation No. 216” before the high court, adding that he “is confident that the government will win.”
“Nowhere in the Constitution does it state that the President’s declaration of martial law needs the recommendation or concurrence of the Defense Secretary, or any Cabinet official,” Mr. Calida added.
Presidential Spokesperson Ernesto C. Abella, for his part, said in a press conference yesterday: “Regarding the efforts of the independent parties, that’s a prerogative to do so, however, the report has been submitted to Congress already regarding the matter and so let’s see how it unfolds.”