3rd pe­ti­tion vs mar­tial law filed

Manila Times - - FRONT PAGE - JOMAR CANLAS AND CATHER­INE S. VALENTE

with the Supreme Court.

For­mer Com­mis­sion on Hu­man Rights chair­man Etta Ros­ales on Fri­day asked the Supreme Court to junk the one-year -

The court set the oral ar­gu­ments on Jan­uary 16 and 17. Mag­is­trates will tackle - po­si­tion con­gress­men led by Al­bay Rep. Ed­cel Lag­man and hu­man rights lawyers and mil­i­tant law­mak­ers in­clud­ing Bayan Muna Rep. Car­los Zarate and Gabriela partylist Rep. Em­mie de Je­sus.

In the third pe­ti­tion, Ros­ales’ lawyer, for­mer solic­i­tor gen­eral Florin Hil­bay, asked the court to con­sol­i­date the third pe­ti­tion with

Ros­ales said there was no fac law dec­la­ra­tion and sus­pend the priv­i­lege of the writ of habeas cor­pus in Min­danao af­ter Pres­i­dent Ro­drigo Duterte an­nounced in Oc­to­ber that Marawi City had been lib­er­ated.

- out di­min­ish­ing the threat posed by any of the fore­go­ing, none of these con­sti­tute ac­tual re­bel­lion or ac­tual in­va­sion. More­over, it mis­takes the dis­tinc­tion be­tween the need for mil­i­tary force which is ef­fected through the use of the call­ing out pow­ers of the Pres­i­dent, on one hand, and the need for im­pos­ing mar­tial law on the the 35-page pe­ti­tion stated.

to the con­tin­ued threat of rebels, ter­ror­ists, and com­mu­nists in the re­gion can­not be used to jus­tify the

un­bri­dled dis­cre­tion in us­ing his other pre­rog­a­tives – e.g., the call­ing out power – mar­tial law is and should not be used as a con­ve­nient sub­sti­tute for nor­mal and and mil­i­tary in­tel­li­gence gather

‘Pre­sump­tion of con­sti­tu­tion­al­ity’

In a news con­fer­ence in Bukid­non, Palace spokesman Harry Roque over­whelm­ing pre­sump­tion of

- ing of the suit be­cause that is also the right of any cit­i­zen un­der the re­porters.

over­whelm­ing pre­sump­tion of con­sti­tu­tion­al­ity, given that both branches of gov­ern­ment have found both le­gal and fac­tual ba­sis he added.

On May 23, Duterte im­posed mar­tial law in Min­danao af­ter the prin­ci­pal Is­lamic city of Marawi was stormed by heav­ily armed, pledged al­le­giance to Is­lamic State (IS) ter­ror­ists.

In July, Congress over­whelm­ingly voted to pro­long mil­i­tary rule in Min­danao un­til the end of 2017 af­ter the procla­ma­tion reached its 60-day con­sti­tu­tional limit, giv­ing Duterte more time to sta­bi­lize the strife-torn re­gion

In a rous­ing ad­dress to troops last Oc­to­ber, Duterte de­clared Marawi lib­er­ated from ter­ror­ists ur­ban war­fare.

With a 240-27 vote at a joint ses­sion on De­cem­ber 13, it took Congress less than half a day to ap mar­tial law in Min­danao up to De­cem­ber 31, 2018.

In his let­ter to Congress, Duterte cited con­tin­u­ing threats of IS- in­spired ter­ror­ists, adding that those who es­caped the Marawi bat­tle were ac­tively re­cruit­ing and rad­i­cal­iz­ing those

south­ern city dis­placed some 350,000 res­i­dents and left dead 1,100 peo­ple.

PHOTO BY BOB DUNGO JR.

For­mer hu­man rights chief Etta Ros­ales and her lawyer, for­mer solic­i­tor gen­eral Florin Hil­bay, file a pe­ti­tion to in­val­i­date the ex­ten­sion of mar­tial law be­fore the Supreme Court on Fri­day. It was the third pe­ti­tion against mar­tial rule in Min­danao.

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