SC to hold oral arguments on petition vs martial law extension

MANILA, Philippines — The Supreme Court is set to discuss the opposition lawmakers’ challenged to the Duterte administration’s year-long extension of martial law in Mindanao through oral arguments.

In a press briefing, SC spokesperson Midas Marquez said that the SC has set the petition for oral arguments on January 22 and 23.

The high court also ordered the government to comment on the House of Representatives’ “Magnificent Seven” plea to strike down the third extension of martial law as unconstitutional as it lacks factual basis.

The government, to be represented by Solicitor General Jose Calida, is given seven days or until January 15 to file its comment.

READ: 'Mindanao martial law extension contrary to Constitution'

Reps. Lagman, Tomasito Villarin (Akbayan party-list), Teddy Baguilat Jr. (Ifugao), Edgar Erice (Caloocan), Gary Alejano (Magdalo party-list), Christopher Belmonte (Quezon City) and Arlene “Kaka” Bag-ao (Dinagat Islands) filed the petition on Friday, January 4.

In a statement, Lagman said that their petition asserted that their petition argues the following points:

• Rebellion does not exist and persist in Mindanao;
• Public safety is not imperilled;
• Another year of extension unduly prolongs the martial law regime; and
• Proclamation No. 216 which originally imposed martial law and suspended writ in Mindanao has become functus officio (of no further official authority or legal effect) and cannot anymore be extended.

President Rodrigo Duterte placed the entire region of Mindanao under martial law in May 2017 through Proclamation No. 216.

The government has since extended it until the end of 2017. Duterte later pushed for another year-long extension for 2018.

Lagman challenged both moves of the government before the SC but the tribunal has upheld the constitutionality of Proclamation No. 216 and its subsequent year-long extension.

On December 12, the Congress voted 235-28 and approved Duterte’s request to extend martial law for 2019.

Twelve senators voted in favor of the joint resolution that sought to extend martial law in Mindanao and suspend the privilege of the writ of habeas corpus. Only minority Sens. Franklin Drilon, Francis Pangilinan, Bam Aquino, Risa Hontiveros and Francis Escudero of the majority bloc voted against it.

Meanwhile, Senate President Pro Tempore Ralph Recto abstained from voting.

At the House of Representatives, 223 representatives voted in affirmative while 23 voted in the negative.

In a letter submitted to the two houses, Duterte said that security assessment by the police and military indicated that rebellion still persists in Mindanao.

Duterte noted that the Abu Sayyaf Group, Bangsamoro Islamic Freedom Fighters, Daulah Islamiyah and other terrorist groups continue to perpetuate threat in the entire region. He also mentioned communist groups, which he said, pose serious security concerns to the public.

READ: Duterte cites ongoing rebellion in bid to extend Mindanao martial law