SC upholds ML extension
THE Supreme Court (SC) has upheld the constitutionality of the yearlong extension of the martial law declaration in Mindanao.
Voting 10-5, the court “found sufficient factual basis” to extend martial law and suspend the privilege of the writ of habeas corpus in the south until December 31, 2018, said SC spokesperson Theodore Te.
He said the court ruling stated that “the manner of Congress’ deliberation with respect to the President’s request for extension of martial law in Mindanao for one year is not subject to judicial review.”
“Each house of Congress has full discretionary authority to formulate, adopt and promulgate its own rules,” read the decision.
Congress, acting on President Rodrigo Duterte’s recommendation on July 22, 2017, first extended the declaration of martial law to December 31, 2017.
Duterte declared martial rule in Mindanao on May 23, 2017, shortly after fighting erupted between troops and terrorists in Marawi City.
On December 8, 2017, Duterte again asked the Congress to extend until end of 2018 the declaration “to ensure total eradication of Daesh-inspired Da’awatul Islamiyah Waliyatul Masriq, other like-minded Local/ Foreign Terrorist Groups, and Armed Lawless Groups, and the communist terrorists and their coddlers, supporters, and financiers.”
It was on December 13, 2017 when the Congress voted for its re-extension, as requested by the President based on the recommendations of the police and military. The SC, in the decision announced Tuesday, said Duterte and Congress had “sufficient factual bases to extend the Proclamation 216, as the rebellion that spawned the Marawi incident persists and public safety requires the extension.”
The court also junked all the petitions that challenged the declaration, saying it found “no merit to the petitioners’ theory that the extent of the threat to public safety to justify a declaration or extension must be such that the government is unable to
sufficiently govern, assure public safety, and deliver government services.”
“Petitioners failed to satisfy the requisites for the issuance of an injunction. The claims of violation of human rights are speculative and lack a
nexus between the exercise of martial law powers and their apprehension of such violations,” the SC said.
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, Andres Reyes Jr., and Alexander Gesmundo.
Those who dissented were Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, Associate Justices Marvic Leonen, Francis Jardeleza, and Alfredo Benjamin Caguioa. SunStar Philippines