Take it to high court? Martial law will stand

“The security briefing left me with the impression that it was just the president calling the shots.”

--Akbayan Rep. Tomasito Villarin

All right, grant that: [] President Duterte didn’t have “coherent and holistic assessment” of the basis for proclaiming martial law in Mindanao. And there’s “no clear plan” on how to resolve the crisis.

[] As Defense Secretary Delfin Lorenzana told senators in a briefing, the military didn’t recommend martial law to respond to an attack by Mautes and Abu Sayyafs because the AFP could quash it without martial law.

Still, authority to declare martial law belongs to the president as commander-in-chief, although there’s the duty (1) of Congress to review the decision whether to revoke or extend it and (2) of the Supreme Court to examine the complaint of a citizen questioning its “factual basis.”

The sequence

Congress and the Supreme Court follow in the “sequence”: The legislature, in determining the facts on which the decision was based and more, even its proportion and wisdom. The high tribunal, in contrast, is limited to scrutinizing the facts on which the proclamation rested.

The “duty” of Congress to review is automatic. The SC acts only on petition of “any citizen” of the country.

The SC, as a ministerial duty, is obliged to look into and rule on a valid petition to revoke Duterte’s martial law. But it’s doubtful if it will give it due course unless there’s evidence other than the president acting alone and the military saying they can end the crisis without martial law.

Actual lawlessness

No matter that Duterte said he’d listen only to police and military. If he didn’t listen or he did but cast aside the advice, it’s still the president’s call.

There’s actual lawlessness: shootings, taking of hostages, flight of evacuees, takeover of government buildings. No one has alleged it was staged or faked, unlike Enrile’s ambush that was used to justify Marcos’s 1972 martial law. As to the means to contain the 2017 martial law, only Duterte decides on that.

The SC is limited to review the “factual basis” and the court doesn’t judge on the correctness of its use. That’s the job of Congress and it has decided: the House gives full support; the Senate decides, “for now,” won’t revoke it.

Expect the high tribunal not to tamper with executive and legislative decisions. For now.