Mar­tial law ex­ten­sion has le­gal ba­sis

Sun.Star Cagayan de Oro - - Top Stories -

one-year ex­ten­sion of mar­tial rule in the whole of Min­danao has “fac­tual and le­gal” ba­sis, Mala­cañang main­tained on Fri­day, Jan­uary 12.

Pres­i­den­tial Spokesper­son Harry Roque Jr. said there is no rea­son to ques­tion the le­gal­ity of the ex­ten­sion of mar­tial law in Min­danao un­til the end of 2018.

He is­sued a state­ment af­ter for­mer Com­mis­sion on Hu­man Rights chair­per­son Loretta Ann Ros­ales joined the op­po­si­tion in ask­ing the Supreme Court to in­val­i­date the pro­mul­ga­tion of mar­tial law and sus­pen­sion of writ of habeas cor­pus in Min­danao for an­other year.

Roque said the ex­ec­u­tive branch re­spects Ros­ales’ de­ci­sion to file a pe­ti­tion be­fore the high court but stressed that the one-year ex­ten­sion of mar­tial law “en­joys over­whelm­ing pre­sump­tion of con­sti­tu­tion­al­ity.”

“We wel­come the fil­ing of the suit be­cause that is also the right of any cit­i­zen un­der the 1987 Con­sti­tu­tion,” he told re­porters in Bukid­non.

“I ac­tu­ally re­sponded to this be­fore. The dec­la­ra­tion of mar­tial law, the ex­ten­sion for a year en­joys over­whelm­ing pre­sump­tion of con­sti­tu­tion­al­ity, given that both the ex­ec­u­tive and the leg­isla­tive branches of gov­ern­ment have found both le­gal and fac­tual ba­sis for the dec­la­ra­tion of mar­tial law,” he added.

Mar­tial law in Min­danao, which was first im­posed on May 23, 2017 a few hours af­ter fight­ing erupted in the Marawi City, has been ex­tended un­til De­cem­ber 30, 2018 to en­sure “to­tal erad­i­ca­tion” of other ter­ror groups in the re­gion.

Ear­lier Fri­day, Ros­ales said in her pe­ti­tion that a one-man rule in Min­danao was un­nec­es­sary, cit­ing the “ab­sence of an ac­tual in­vas­tion or ac­tual re­bel­lion.”

“Thus, in the ab­sence of an ac­tual in­va­sion or ac­tual re­bel­lion, nec­es­sar­ily, there is no fac­tual ba­sis for ex­tend­ing

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