SC upholds constitutionality of martial law in Mindanao

MANILA — The Supreme Court yesterday affirmed with finality the constitutionality of President Rodrigo Duterte's declaration of martial law in Mindanao.

In a press briefing, SC spokesperson Ted Te said: "[T]he Court, voting 10-3-1, denied with finality for mootness and lack of merit all three Motions for Reconsideration filed by petitioners against the Court's Decision dated July 4, 2017 that upheld the constitutionality of martial law in Mindanao.

Moot means an issue has already been resolved and the court no longer has to deal with it.

The decision was penned by Associate Justice Mariano Del Castillo.

Those who voted to junk the three motions for reconsideration are Associate Justices Presbitero Velasco, Teresita De Castro, Diosdado Peralta, Lucas Bersamin, Estela Perlas Bernabe, Samuel Martires, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo.

Chief Justice Maria Lourdes Sereno and Associate Justice Alfredo Benjamin Caguioa, meanwhile voted that there is "sufficient factual basis for martial law and suspension of the privilege of writ of habeas corpus but in three provinces only."

Senior Associate Justice Antonio Carpio meanwhile voted that martial law should be declared in Marawi City only.

Associate Justice Marvic Leonen is the lone justice who voted to grant the motions for reconsideration and declare unconstitutional President Rodrigo Duterte's declaration of martial law in Mindanao.

Associate Justice Francis Jardeleza was on leave and did not participate in Tuesday's voting.