SC consolidates petitions on martial law before oral arguments

THE SUPREME COURT (SC) has consolidated three petitions seeking to invalidate President Rodrigo R. Duterte’s declaration of martial law over the entire island of Mindanao.

In two four- page orders penned by Clerk of Court Felipa B. Anama, the SC deemed the last two petitions “to be sufficient in form and substance” and has set oral arguments tomorrow, June 13, until June 15.

Last Friday, two more petitioners against Proclamation No. 216 were lodged before the high court. The fourth petition, filed by militant groups and human rights advocates under the Bagong Alyansang Makabayan (BAYAN), asked the SC to declare Mr. Duterte’s proclamation as “unconstitutional and therefore void and without effect.”

A fifth petition was filed by four women residents of Marawi City shortly before the SC closed last Friday. The petitioners, led by Norkaya S. Mohamad, challenged the “sufficiency of factual basis of declaration of martial law and suspension of the privilege of the writ of habeas corpus.”

The two petitions will be consolidated with the first petition filed by lawmakers, led by Albay Representative Edcel C. Lagman, last Monday, May 5, which also challenged the “factual basis” of Mr. Duterte’s proclamation.

“Whereas, considering the allegations contained, the issues raised and the arguments adduced in the petition, it is necessary and proper, without giving due course to petition to consolidate this case [filed by Mr. Lagman],” the order reads.

The SC also ordered the Office of the Solicitor General ( OSG) — representing respondents Executive Secretary Salvador C. Medialdea, Defense Secretary Delfin N. Lorenzana and Armed Forces of the Philippines Chief of Staff General Eduardo M. Año — to file a comment.

The OSG is directed to file its comment “not later than June 12, 2017 at 2:00 p.m.” Mr. Te noted that the Docket Receiving Section of the SC “will be open to receive the Comment,” on June 12, as it falls on the celebration of Philippine Independence.

The SC also “[ requires] the counsels for the parties to attend the preliminary conference [today], 2:00 p.m. at the Division Court Hearing Room, Ground Floor, New Supreme Court Building, Padre Faura, Ermita Manila.”

The two parties are also ordered by the high court to submit their respective memoranda not later than June 19, 2:00 p.m.

Two other petitions related to Mr. Duterte’s martial law declaration have been also lodged before the SC last week. Last Tuesday, former PhilHealth Director Alexander A. Padilla led a group of six petitioners asking the high court to compel Congress to convene on Proclamation No. 216.

On June 7, members of the clergy led another group of petitioners seeking the SC to rule that the “refusal of Congress to convene a joint session for the purpose of considering Proclamation No. 216 (is tantamount to) grave abuse of discretion amounting to lack or excess of jurisdiction.”