3rd petition vs martial law filed
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.