ML extension should not exceed 60 days — Lagman

Any extension by Congress of President Duterte’s martial law declaration in Mindanao should not exceed 60 days, an opposition lawmaker reminded his collegues yesterday.

Albay Rep. Edcel Lagman said the Constitution precisely sets a maximum period of 60 days for martial law wherever the President imposes it.

“It stands to reason that any extension should not exceed the original maximum period as provided for in the Constitution,” he said.

Lagman made the statement in response to the proposal of Speaker Pantaleon Alvarez for Congress to extend military rule in Mindanao for five years up to the end of Duterte’s term in 2022.

The military has said five years is too long, while the President himself has declared he would finish the crisis in Marawi City in 10 to 15 days.

Under the Constitution, the President can request Congress to lengthen martial law.

Lagman said the 60-day limit is one of the safeguards written by the framers of the Charter to prevent the martial law abuses committed by the Marcos regime.

He said an extension beyond 60 days would render this particular safeguard useless.

The Commission on Human Rights (CHR) also said there are constitutional safeguards covering the declaration of martial law and possible extension.

CHR spokesperson Jacqueline de Guia said the decision on whether to extend martial law in Mindanao should be left to the discretion of the lawmakers based on the assessment of national security officials.

“We will leave it to the wisdom of the Congress to decide on its merits, as well as on the assessment of the Armed Forces of the Philippines (AFP) on the situation in Marawi City should the President finally decide on the matter,” De Guia said.

“But to echo CHR’s call since its declaration, we urge the government to respect and protect the rights of all Filipinos, especially the vulnerable and marginalized, regardless of the circumstance, and address the pressing humanitarian condition on the ground due to displacement and armed conflict,” she added.

On Tuesday, Duterte said he would need 15 more days to finish martial law in Mindanao.

Martial law in Mindanao is set to end its 60-day prescribed period on July 22 but the President could ask Congress to extend it.

Duterte had justified the declaration of martial law and said he might extend it beyond the 60-day validity provided for in the Constitution.

He explained that the decision will be made based on the consensus of his security advisers – Defense Secretary Delfin Lorenzana, AFP chief Gen. Eduardo Año and Philippine National Police (PNP) chief Director General Ronald dela Rosa.

Dela Rosa had said he would recommend the extension of martial law but not to five years as proposed by Alvarez.

He said the PNP will submit their position paper to the President before the 60-day period of martial law lapses.

“We are still working on a position paper. Maybe we will submit it tomorrow (Friday),” Dela Rosa said yesterday.

While they are pushing for an extension of martial law, Dela Rosa said they might limit the scope of military rule in Mindanao.

“We might reduce the scope. We are still talking whether to reduce or still the whole of Mindanao,” he said.

Dela Rosa did not say how long martial law will be extended. “We still don’t know how many days. We have reasons which will say why there is a need to extend martial from the law enforcement perspective, (like) what are the investigative reasons for an extension?”

For the AFP, martial law in Mindanao should be extended.

AFP spokesman Brig. Gen. Restituto Padilla said the prevailing military rule in Mindanao has yet to fully succeed in addressing the rebellion in Marawi City.

“There are around 300 individuals listed in Arrest Order No. 1 and Arrest Order No. 2 and if am not mistaken, to be exact 279 (individuals) and out of that, around 60-plus have been arrested. We have not reached even half and we are still going after these individuals who have gone into hiding,” Padilla said.