Minority lawmakers seek reversal of SC’s martial law ruling
MEMBERS of the minority bloc of the House of Representatives led by Albay Representative Edcel Lagman have asked the Supreme Court (SC) to reverse its July 4 ruling upholding the declaration of martial law in Mindanao.
The opposition lawmakers have earlier questioned before the SC the validity of President Rodrigo Duterte’s Proclamation 216 declaring martial law in the south amid the lawlessness perpetrated by Maute group in Marawi City.
The other petitioners include Representatives Tomas Villarin, Gary Alejano, Emmanuel Billones and Teddy Baguilat Jr.
In their motion for reconsideration filed at SC on Friday, the congressmen said the high court has weakened the SC’s power given by the constitution to fully review the sufficiency of factual basis of Duterte’s proclamation when it decided to junk the petitions seeking to nullify the said order.
The group slammed that SC’s claim of lack of competence to determine the facts on the ground that served as the basis for the martial law declaration.
The SC in its ruling said it is incompetent to assess the ground conditions as they have limited knowledge as to what is happening in Marawi City.
“The excuse that the Supreme Court does not have the competence and logistical machinery compared to the president to ably and properly assess the ground conditions alleged by the president in his proclamation and report is an ominous prelude to an abandonment of its power of judicial review under Section 18 of Article VII of the Constitution,” the motion read.
The petitioners said the decision in favor of the government granted “excessive leeway” to the President’s exercise of emergency powers.
The petitioners further said that there is no ongoing rebellion in the entire Mindanao when the President declared martial law last May 23, contrary to what was claimed by the SC in its July 4 ruling.
“The appalling escalation of deaths of soldiers and terrorists, including innocent civilians; massive destruction of both public and private properties; and the wide-spread displacement of residents, many of whom have died in cramped and unsanitary makeshift evacuation centers, are the horrific aftermath of the declaration of martial law,” they said.
“These were not the prevailing conditions at the time Proclamation No. 216 was issued on 23 May 2017,” they added.
Petitioners assailed the government’s claims that the Islamic State is planning to create a caliphate in Marawi City and further criticized the government, saying Mindanao was never captured in the first place.
“In the first place, it is admitted that it was the military that initiated the armed conflict by attempting to arrest Hapilon and the Maute brothers, which was resisted by the Maute and Abu Sayyaf groups,” petitioners said.
“Neither Marawi City Hall nor the Provincial Capitol of Lanao del Sur was occupied or captured by the terrorist groups. Civilian authorities both in Marawi City and in Lanao del Sur continue to operate,” they added.
In a vote of 11-3-1, the SC favored the President’s proclamation that has been vocally challenged by the opposition, including the victims of the human rights violations during the martial law declared by late President Ferdinand Marcos in 1972.