By Rey G. Panaligan
Former Human Rights (CHR) chairperson Loretta Ann Rosales yesterday requested the Supreme Court (SC) to declare unconstitutional the extension of martial law in Mindanao till Dec. 31, 2018.
Rosales advised the SC that mere threats of violence don’t justify the declaration of martial law as a result of the Constitution gives that the imposition of martial law and the suspension of the writ of habeas corpus might be finished solely in case of invasion, insurrection or when the general public security requires it.
The Rosales petition, filed by means of former solicitor common Florin Hilbay, is the third case elevated to the SC questioning the extension that was accredited by Congress by a vote of 240-27 and the Senate by a vote of 14 – four final December 13.
The High Court set oral arguments beginning January 16 on the primary two petitions filed by the group of Rep. Edcel Lagman and a gaggle of Party-List members of Congress by means of the National Union of People’s Lawyers.
Earlier, Solicitor General Jose Calida – in behalf of presidency companies named as respondents – requested the SC to dismiss the petition filed by Lagman’s group not solely on a technicality but additionally on substantial authorized grounds.
Calida was ordered to file his touch upon the second petition not later than 5 p.m. immediately.
It is anticipated that the Rosales petition, if discovered with out technical defect, can be consolidated with the primary two petitions and included within the oral arguments.
No precise invasion
In her petition, Rosales stated President Duterte sought the extension of martial law in Mindanao to make sure complete eradication of native and international terrorist teams since “despite the death of [Isnilon] Hapilon and the Maute brothers, the remnants of their groups have continued to rebuild their organization through the recruitment and training of new members and fighters to carry on the rebellion.”
But Rosales stated the Constitution gives that to stop or suppress lawless violence, invasion or insurrection, the President’s calling-out energy ought to be exercised by directing the army to stop such violence, insurrection or invasion.
“Actual invasion or actual rebellion presupposes the existence of a theater of war that requires the imposition of military law on the civilian population. Thus, in the absence of an actual invasion or actual rebellion, necessarily, there is no factual basis for extending martial law,” she stated.
In urging the High Tribunal to behave favorably on her petition, Rosales stated “the Honorable Court is the last institution that can prevent the misuse and ‘normalization’ of martial law for ordinary peacekeeping and governance activities.”
Martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao was first imposed by President Duterte for 60 days on May 23, 2017 following the assault on Marawi City by the ASG/Maute Group. It was prolonged by Congress till Dec. 31, 2017 upon the request of the President.
The High Court dominated on the constitutionality of the President’s proclamation on May 23, 2017.
Factual, authorized foundation
But Malacanang insists the one 12 months extension of martial rule has agency factual and authorized foundation.
“We welcome the challenge but the two branches of government – the executive and the legislative – have already found factual and legal basis for the declaration of martial law,” Presidential Spokesperson Harry Roque stated in a press briefing in Bukidnon.
“The declaration of martial law, the extension for a year enjoys overwhelming presumption of constitutionality,” he added.
Instruction No. 1
Meanwhile, Autonomous Region in Muslim Mindanao (ARMM) Governor Mujiv Hataman warned absentee and non-performing native chief executives of sanctions following the issuance of Martial Law Instruction No. 1 by Martial Law administrator and protection secretary Delfin Lorenzana Monday.
The order referred to as for an in depth monitoring of the efficiency of native chief executives in Mindanao.
Lorenzana stated the absence of native chief executives, “in some cases, results in the total failure in the delivery of vital basic services to their constituents.”
“This situation presents a very serious concern as the lack of basic services leads to a general dissatisfaction with government, which has been determined to be one of the leading causes for individuals to join rebel, or extremist groups,” Lorenzana stated.
In Instruction No. 1, Lorenzana directed the army, the police and different law enforcement companies within the space to help Hataman and provincial chief executives in monitoring the native chief executives.
“At the end of each month, regular compliance and evaluation reports are to be consolidated at the provincial level and submitted to the Office of the Martial Law Administrator,” the order learn.
Some native officers in Mindanao are seldom seen of their areas of duty after election.(with stories from Genalyn D. Kabiling and Nonoy E. Lacson)
Tags: Edcel Lagman, Governor Mujiv Hataman, lawless violence, Martial Law, Martial law in Mindanao, Mindanao, SC, Supreme Court