SC sets oral arguments on petition vs Mindanao martial law extension

The Supreme Court (SC) decided on Tuesday to hold oral arguments on the petition that challenges the constitutionality of the third extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until the December 31, 2019.

After its full court session, the SC said it will hold oral arguments on January 22 and 23 after receiving the comments that would be filed by both the Executive and the Legislative departments on the petition lodged by opposition lawmakers, led by Albay Rep. Edcel Lagman.

In a press briefing, Court Administrator and Spokesman Jose Midas P. Marquez said the comments would have to be filed within seven days from receipt of notice by the parties.

A writ of habeas corpus is a legal remedy for illegal arrest or arbitrary detention. When the court grants the writ, it directs a person detaining another to produce and present the boy of the detained person at a designated time and place.

In February last year, the SC declared constitutional President Duterte’s extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until Dec. 31, 2018.

The SC ruled: “The President and Congress had sufficient factual bases to extend Proclamation No. 216. The rebellion that spawned the Marawi incident persists. Public safety requires the extension, as shown by facts presented by the AFP” (Armed Forces of the Philippines).”

Martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao were first imposed by the President for 60 days on May 23, 2017 as a result of the attack in Marawi City by the Maute Group and its followers through Proclamation No. 216.

When challenged before the SC, the High Court ruled in July, 2017, on the constitutionality of the President’s proclamation with a declaration that Proclamation No. 216 has sufficient factual bases.

On request by the President, the House of Representatives and the Senate voted 240-27 for the extension until Dec. 31, 2018.

Congress has again extended martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until Dec. 31, 2019.

In their petition, Lagman and his group told the SC that the Resolution of Both Houses that was approved in joint session last month violated the 1987 Constitution.

They claimed that public safety in Mindanao is “not imperiled” anymore because rebellion “does not exist and persist” as they pointed out that there is no actual, ongoing armed uprising against the government to justify the new extension.

“President Duterte’s letter dated 06 December 2018 to the Congress initiating a third extension failed to demonstrate the sufficient factual basis for his request, and his allegations of lawless violence and terrorism were not connected to rebellion,” they alleged.

They branded the third extension as a “virtual perpetuity.”

The other petitioners in the case are Akbayan Rep. Tom Villarin, Ifugao Rep. Teddy Baguilat Jr., Caloocan City Rep. Edgar Erice, Magdalo Rep. Gary Alejano, Quezon City Rep. Jose Christopher “Kit” Belmonte and Dinagat Islands Rep. Kaka Bag-ao.