SC upholds constitutionality of 3rd martial-law extension
THE Supreme Court on Tuesday upheld the constitutionality of President Duterte’s Proclamation 216, which extended for the third time the imposition of martial law and the suspension of the privilege of the writ of habeas corpus in the entire Mindanao region until the end of the year.
At a press briefing, the court’s Public Information Office chief, lawyer Brian Keith Hosaka, said the decision was reached at Tuesday’s regular en banc session of the 15man High Tribunal.
Hosaka said nine members of the Court voted to throw out consolidated petitions seeking to declare as unconstitutional the third martial-law extension in Mindanao, while four voted in favor of the petitions.
“The Supreme Court ruled to uphold the constitutionality of the extension of the declaration of martial law and the suspension of the privilege of writ of habeas corpus in Mindanao until December 31, 2019,” Hosaka said. The Court issued the ruling less than a month after it heard oral arguments on
the consolidated petitions.
The nine Justices who declared as constitutional the third martial-law extension were Chief Justice Lucas Bersamin and Associate Justices Diosdado Peralta, Mariano del Castillo, Estela Perlas-Bernabe, Andres Reyes Jr., Alexander Gesmundo, Jose Reyes Jr., Ramon Paul Hernando and Rosmari Carandang.
Carandang, the newest member of the SC—having been appointed to the post by Duterte on November 26, 2018, to take the position of Teresita Leonardo de Castro after her appointment as chief justice—was the one who penned the decision.
Those who dissented were Senior Associate Justice Antonio Carpio and Associate Justices Marvic Leonen, Francis Jardeleza and Alfredo Benjamin Caguioa.
The four petitions were filed by lawmakers led by Albay Rep. Edcel Lagman, the militant partylist lawmakers led by Bayan Muna Party-list Rep. Carlos Isagani Zarate, the group led by former Commission on Elections Chairman Christian Monsod, and that of Mindanao lumad assisted by the Free Legal Assistance Group.
The petitioners argued that the extension of martial law is unconstitutional as it failed to satisfy the public safety requirement under the 1987 Constitution.
They noted that a review of the President’s letter to Congress seeking a third extension of martial law in Mindanao showed the absence of vital facts proving that public safety has been seriously threatened as to require the continued implementation of martial law and the suspension of the writ of habeas corpus.
Furthermore, the petitioners claimed that Congress failed to exercise its power and duty to check the martial-law powers of Duterte.
The Mindanao region was first placed under martial law by the President in May 2017 to flush out terrorists belonging to the Daeshinspired Maute Group who took over several barangays in Marawi City.
The siege ended with the killing of Abu Sayyaf leader Isnilon Hapilon and Maute group leader Omar Maute five months after.
The implementation of martial law was first extended by Congress for the period from July 22 to December 31, 2017; and the second was from January 1, 2018, to December 31, 2018.
Last December 12, the Congress voted 235-28 with one abstention to re-extend martial law in the region up to the end of 2019.
In justifying the new martiallaw extension, Solicitor General Jose Calida cited the Armed Forces of the Philippines’s end-of-firstsemester data, which showed that terrorist groups are still active in the region.
Calida noted that the Abu Sayyaf Group (ASG) still has as a total of 424 members with 473 firearms who are scattered in 138 barangays in Basilan, Sulu, Tawi-Tawi and Zamboanga.
On the other hand, the Bangsamoro Islamic Freedom Fighters has 264 members with 254 firearms and affecting 50 barangays.
The Daesh-inspired Maute, Maguid and Turaifie groups have at least 150 members with various firearms. The report said they are scattered in at least 204 barangays in Mindanao.
Calida also noted that the NPA continues to rise publicly and take up arms against the government.