SC justices seek proof of rebellion outside Marawi City

MANILA, Philippines — Two justices of the Supreme Court on Wednesday questioned the chief government lawyer on why the entire island of Mindanao was placed under military rule instead of just Marawi City.

Justices Antonio Carpio and Bienvenido Reyes, two of the 15 justices of the SC hearing arguments on the consolidated petitions to rescind President Rodrigo Duterte’s declaration of martial law in Mindanao, asked Solicitor General Jose Calida if there were reports that rebellion had already spilled over into other areas of the island.

Calida struggled to answer and just told Reyes during one of the exchanges: “I trust his judgment.”

Senior Associate Justice Carpio was particularly unrelenting in his questioning of Calida as he tried to make the chief government lawyer show evidence that would warrant the placement of Mindanao under military rule.

'No evidence of actual rebellion elsewhere'

He said: “I’m trying to establish where in Mindanao is there rebellion. It looks like in Marawi, you can easily defend that there’s rebellion. But outside of Marawi, I have not seen any evidence that there is actual rebellion in Dinagat Islands, Camiguin Island, Misamis Provinces, Agusan, Zamboanga, Davao, Surigao, Pagadian, Dapitan.”

Calida admitted that he did not have any information on whether or not activities related to rebellion have already started in other provinces of Mindanao, a large island south of Manila which has a population of around 22 million.

Carpio asked: “Is there any report from the intelligence service, from the police or AFP that the Maute group has reached Dinagat Islands province? That they have sent armed fighters there?”

“I’m not aware of that, Your Honor. I will ask the military intelligence, Your Honor,” the government lawyer said.

The exchanges transpired during the second day of oral arguments at the Supreme Court as clashes in Marawi City entered its fourth week.

Government security forces are having difficulties ridding the city of the remaining Maute militants who are believed to be holed up four barangays in Marawi.

Duterte, who last year won on a tough-on-crime image, placed Mindanao under martial law on May 23 following the failed attempt by security forces to capture Isnilon Hapilon, whom ISIS has been said to have named as “emir,” and several other leaders of the Maute Group.

Intense firefight then ensued, forcing most of Marawi City’s 200,000 inhabitants to flee to nearby cities and towns.

'Political judgment'

When interpellated by Justice Reyes about the placement of the entire Mindanao island under army rule instead of just Marawi City, Calida admitted that it was the “political judgment” of the president.

The government lawyer added that Duterte, who is from Davao City in Mindanao, has access to information which other people did not possess.

“That was his political judgment. Since our president comes from Davao City and has been mayor for so many years, he knows the peace and order situation in Davao," he said, referring to the president's hometown, which has been held up as an example of his effective governance.

"He has been talking to all the rebels, he has information that is not available to me or to anybody else,” Calida said. “Therefore, I trust his judgment,” the solicitor general insisted.

'Rebellion has to be actual'

The two SC justices also reminded the executive branch that the “capability” to rebel is not a ground for the declaration of military rule. They said that for military rule to be proclaimed, actual rebellion must exist.

“Rebellion has to be actual for martial law to be declared,” Carpio said.

“Counsel, it says recent attacks show the capability. Capability does not mean rebellion. As I said the other day, you have the intent to rebel, you have the capability, but you must have actual rebellion. This one does not speak of actual rebellion. It speaks of capability. They have the capability to attack,” Carpio told Calida who wavered and managed only to say that what had changed was that some terrorist groups had already subscribed to the ideology of ISIS.