High court upholds martial law extension

THE Supreme Court (SC) on Tuesday approved the extension of martial law in Mindanao until the end of 2018, saying rebellion “still persists.”

Voting 10-5, the high court found “suf until December 31, the tribunal’s spokesman Theodore Te said.

that the 1987 Constitution does not

provide any legal basis for the reextension of military rule in the South. They were Chief Justice Maria Lourdes Sereno and Associate Justices Antonio Carpio, Caguioa and Francis Jardeleza.

Among those who concurred in the decision were Associate Justices Presbitero J. Velasco Jr., Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Estela Perlas Bernabe, Samuel Martires and Andres Reyes Jr.

President Rodrigo Duterte declared martial law on May 23, 2017 shortly after hundreds of Maute members rampaged through the Islamic city of Marawi in what authorities said was part of an attempt to establish a Southeast Asian base for the Islamic State.

On December 13, Congress voted to extend martial law upon the request of the President. Several lawmakers and human rights advocates however questioned the extension and asked the Supreme Court to stop it.

Te said the court ruled that the manner by which Congress deliberated on the President’s request for extension of martial law in Mindanao for one year “is not

Opposition lawmakers warned the tribunal’s ruling may lead to a nationwide martial law.

“The President and Congress had sufficient factual bases to extend (martial rule),” the court said in a statement. “The rebellion that spawned the Marawi incident persists,” it added.

The tribunal also said the Constitution was “silent” on how many times Congress may extend martial law.

months to defeat the IS-linked Maute militants, with the battle claiming more than 1,100 lives and leaving large parts of Marawi in ruins.

Duterte declared in October that the city was “liberated” and military chiefs said militant leaders, including the IS leader in Southeast Asia, had been killed.

But authorities have said that those who escaped are regrouping and recruiting in Mindanao.

Ominous sign

Representatives Edcel Lagman of Albay, Tom Villarin of Akbayan Magdalo party- list said the SC ruling “will embolden President law because he can seek refuge

fall in cadence with the President and Congress in violating the Constitution, then the country is abandoned in the quagmire of tripartite derogation of civil liberties,” Lagman told reporters.

“This is an ominous sign that the administration will declare martial law nationwide. There is nothing stopping this government from imposing martial law on a nationwide scale,” Villarin said.

The lawmakers insisted that the extension of martial law has no legal basis because the Armed Forces already decimated the leadership and membership of the MauteAbu Sayyaf terrorist groups.

“The Supreme Court has ceased to be the court of last resort since - cated their function. It has been the court of any resort, and this will embolden the President to continue violating the rule of law, as shown in his decision on suspending Overall Deputy Ombudsman [Arthur] Carandang,” Lagman said.

“Who will stop them from declaring martial law in the entire archipelago? They say this [martial law extension] is also due to the NPA. There is also NPA in other parts of the country, so who’s to stop a former Marine captain, said.