Monsod: SC ruling in 2017 made martial law 'measure of first resort'

MANILA, Philippines — Christian Monsod, one of the framers of the 1987 Constitution, said that when the Supreme Court upheld Proclamation No. 216 last year, it made martial law—which many Filipinos associate with abuses during the Marcos regime—seem like a first remedy for government.

Monsod on Tuesday said that, during the drafting of the 1987 Constitution, they "made sure [that] we narrow down for using it (martial law) and it would not be used in fact to liberalize and open the door more."

Monsod joined three other groups of petitioners asking the Supreme Court to rule that President Rodrigo Duterte's year-long extension of martial law in Mindanao is unconstitutional.

When asked by Associate Justice Noel Tijam why the provision for martial law was not deleted despite the horrors of martial law under ousted dictator Ferdinand Marcos, Monsod said: "We want to cover an extraordinary situation, that is why the provision is specific, extraordinary and ultimate."

He lamented: "When the SC deferred to the president things like we don't have the capability to do this, only the President has logistical reach to do this, [then] what about the modern advances power to subpoena, power to validate the facts and not just limit it to the president?"

Voting 11-3-1, the SC upheld the constitutionality of Proclamation No. 216 in July 2017. The SC said that the rebellion staged by terrorist groups in Marawi City affected all of Mindanao and justified Duterte's martial law.

But for Monsod, it seemed that, when the SC affirmed Duterte's Proclamation No. 216 , it said that martial law "is a measure of first resort than a last resort."

He stressed before the 15-member court: "You asked, your honor, why we are we relying more on 15 justices rather than the 292 congressmen and 24 senators? Because that is the essence of the separation of powers and the system of checks and balances in our Constitution."

"There is a vetting process by which the 15 justices are assumed to have the wisdom, experience and the fortitude to stand up to the other powers of government," Monsod added.

It only took less than half a day for the two houses of Congress to approve Duterte's request for extension, in a vote of 240-27.

The SC resumes its oral arguments on the four consolidated petitions on Wednesday, 10:00 a.m.

Solicitor General Jose Calida is expected to present the government's defense before the 15-member court.

Defense Secretary Delfin Lorenzana and Philippine National Police Director General Ronald "Bato" Dela Rosa have also been asked to attend the arguments.

RELATED: What petitioners vs martial law will argue before the Supreme Court

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