Jose Calida: ‘Jolo bombing justifies martial law extension in south’

MANILA, Philippines — The bombing of Jolo cathedral in Sulu last Sunday is proof that Mindanao remains under threat and justifies the extension of martial law in the southern island, Solicitor General Jose Calida said yesterday.

In oral arguments at the Supreme Court on petitions challenging the third extension of martial law declaration, Calida said the twin bombings that killed 21 people and wounded over 100 only strengthened the factual basis for the extension of Proclamation 216 for another year or until December 2019.

“That’s part of the ongoing rebellion. But even without the Jolo bombing we already have factual basis,” he stressed. “There is still need to extend martial law because of the ongoing threat to public safety and the rebellion not only by communist groups but the local terrorist groups as well, especially those Daesh-inspired groups.”

Armed Forces of the Philippines (AFP) deputy chief for intelligence Major Gen. Pablo Lorenzo supported Calida’s statement and told the SC justices that the attack was a clear evidence of the need for public safety, which is a requirement in the Constitution for the declaration of martial law.

He presented to the Court the AFP report on the bombing at Our Lady of Mount Carmel Cathedral that killed five military personnel, a Coast Guard member and 15 civilians.

But Albay 1st District Rep. Edcel Lagman disagreed as he argued that the Jolo bombing could not be used to justify martial law extension in Mindanao because the administration categorized the incident as a terrorist act.

During the hearing, Calida cited the AFP data on the number of active members of the terrorist groups Abu Sayyaf, Bangsamoro Islamic Freedom Fighters and Saulah Islamiyah as well as those identified as Maguid group and Turaifie group.

He also cited the influx of foreign terrorists in the country “who are responsible for training local terrorist fighters.”

“Numerous lives have been lost because of the atrocities committed by the rebels. The rebellion poses a clear and present danger to the lives and limbs of the public. A single bomb that is undetected because of diminished military activity in Mindanao could potentially produce catastrophic results,” he warned during his argument.

Associate Justice Benjamin Caguioa scrutinized the AFP report and, during interpellation, questioned why in the numerous incidents cited, authorities were able to identify the perpetrators and established their motives in only seven of the cases.

He also asked why the AFP cited as factual basis for rebellion the incidents like an Abu Sayyaf member shooting a fellow member, a harassment incident in Basilan due to family feud and the kidnapping of a pump boat driver in Sabah. These were aside from eight incidents that were categorized as either politically motivated or because of a family feud.

Caguioa likewise asked how could the government tell if rebellion no longer persists in Mindanao and if it would already warrant the lifting of martial law.

Lorenzo replied: “It’s not the killing of every single rebel our there, rather it is the attainment of the level of security whereby the groups cannot impose their will on the people or they are no longer effective as far as fulfilling their political goals.”

‘Beyond judicial review’

Apart from demonstrating the factual basis for the extension of martial law, the solicitor general also argued that the decision of Congress to approve the President’s request is beyond judicial review. 

“Congress has the sole prerogative to extend the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus. The 1987 Constitution does not limit the period for which Congress can extend them, and prohibit Congress from granting further extensions to the proclamation or suspension,” he pointed out.

He also cited the high court’s earlier ruling that upheld the previous extension of martial law, which held that there are sufficient legal safeguards against human rights abuses raised by petitioners.

With these arguments, he asked the Court to dismiss four similar petitions filed by opposition lawmakers led by Lagman, the Makabayan bloc led by Bayan Muna party-list Rep. Carlos Zarate, the group led by former Commission on Elections chair Christian Monsod and the lumad teachers and students represented by the Free Legal Assistance Group.

“The extension of martial law was not declared on a mere whim. It is founded on the harsh reality that rebels and terrorists continue to operate openly, planning, plotting and attacking military and civilians alike in Mindanao… We cannot for a moment think that the war has already been won. The price of victory is vigilance. We cannot let our guard down even for a moment,” Calida said.

For Sen. Panfilo Lacson, the existing martial law in Mindanao has no additional power but a mere “psy ops” (psychological operations), referring to planned operations to convey selected information to influence the emotions, motives, objective reasoning and, ultimately, the behavior of organizations, groups and individuals.

Senate President Pro Tempore Ralph Recto said the bloody Sulu cathedral bombing is the first leadership test for the Moro Islamic Liberation Front (MILF) leaders who are set to assume the reins of the Bangsamoro autonomous government.

“The participation of rebels-turned-government-officials is a must… Nothing prevents the MILF, which is a government-in-waiting, from being a government in action,” he added.

Meanwhile, the Philippine Council of Evangelical Churches (PCEC) yesterday asked Duterte to defend peace and order in Mindanao.

PCEC national director Bishop Noel Pantoja said in a statement that they decry in the strongest terms the two explosions at the cathedral in Jolo just days after the plebiscite on the Bangsamoro Organic Law (BOL).

He believes the bombing was “clearly an attempt by lawless persons to subvert the majority’s will and the sincere desire of the Bangsamoro people for genuine peace, harmony, security and development in Mindanao.”  – With Cecille Suerte Felipe, Evelyn Macairan, Jose Rodel Clapano