Lorenzana, Año to be called to SC to shed light on martial law

THE CHIEF Justice has called the country’s two top security officials to the Supreme Court (SC) to shed light on the enforcement of martial law in Mindanao, in accordance with President Rodrigo R. Duterte’s Proclamation No. 216 on May 23.

Solicitor- General Jose C. Calida, in response, sought an executive session, citing national security issues and the possibility of classified information being raised in the course of the deliberations which continued on Wednesday, June 14.

Chief Justice Maria Lourdes P. A. Sereno said the justices are “open to having an exec session with you first, together with [Messrs.] Lorenzana and Año” — referring to Defense Chief Delfin N. Lorenzana and Armed Forces of the Philippines (AFP) Chief of Staff Eduardo M. Año.

Ms. Sereno said Mr. Calida will inform the court who can attend the executive session, and whether the petitioners and counsels may attend. After this, Mr. Calida is expected to make a manifestation before the court, then the justices will convene on the SolicitorGeneral’s manifestation.

Sought for comment by reporters, AFP Spokesperson Brigadier- General Restituto F. Padilla, Jr. said Messrs. Lorenzana and Año are ready to face the high court.

“Well, as stated earlier, we support whatever process that is currently ongoing and if we need to be resource persons elsewhere, including the Supreme Court, we will be there,” Mr. Padilla said.

On the second day of oral arguments on the three consolidated petitions seeking to void Proclamation No. 216, the justices tackled the matter of whether Mr. Duterte gained additional powers with his proclamation.

Senior Associate Justice Antonio H. Carpio first threw the question at petitioner-counsel Albay Representative Edcel C. Lagman, noting that, “Maybe, we are quibbling over nothing if he does not have additional powers legally.”

Mr. Calida, when asked the same question, quipped: “The [Armed Forces of the Philippines] on steroids.”

Ms. Sereno said: “It’s a smart statement,” but added: “If you are going to look at literature, steroids do not address the ill. Think about the legal implications here.”

“If it is important for us to get the legal standards before martial law can be declared, we need to inoculate the idea that our armed forces are on steroids,” Ms. Sereno said.

Mr. Calida asked that his metaphor need not be taken seriously. Ms. Sereno replied in turn: “In what sense is the calling out powers amplified in a way that it could not have been (without martial law)? Why declare martial law if the calling out powers are there?”

Mr. Lagman for his part expressed fear of abuse under martial law. “The safeguards [of the constitution] may be violated by a President that will not respect laws, not respect the Constitution. We have evidence with extrajudicial killings, and also (the) statement of the President that would embolden the military to commit excesses like rape,” he said.

Justice Teresita J. Leonardo-De Castro, for her part, pointed out that: “Arrest orders are issued by the President without going through courts and can be implemented by the AFP.”

Mr. Calida agreed, and added that rebellion is a continuing offense.

The SC will continue its interpellation, via oral arguments, on its third and last day, today at 10:00 a.m. — with