Opposition congressmen challenge martial law declaration in Mindanao before SC

Opposition congressmen on Monday questioned before the Supreme Court (SC) the constitutionality of President Rodrigo Duterte's imposition of martial law in Mindanao aimed at defeating terrorist groups who laid siege to Marawi City.

Led by Albay Rep. Edcel Lagman, seven lawmakers urged the high court to nullify Proclamation No. 216 saying the martial law declaration had no sufficient factual basis.

Joining Lagman in the petition are Representatives Tomasito Villarin, Gary Alejano, Emmanuel Billones, Teddy Brawner Baguilat, Jr., Raul Daza and Edgar Erice.

In their petition, the lawmakers said there is no rebellion or invasion where the public safety requires the declaration of martial law and the suspension of the privilege of writ of habeas corpus in Marawi City or elsewhere in Mindanao to effect warrantless arrests of rebels or their sympathizers.

They also said mere conclusions of fact and law on the "pretended existence of rebellion and/or invasion will not serve as sufficient basis."

No less than the military establishment has admitted that the current armed conflict in Marawi City was government-initiated and the armed confrontation stemmed from the military operation to neutralize or capture terrorist Isnilon Hapilon, which was resisted by the Maute Group of terrorists, the petition said.

"Consequently, the alleged 'siege' of Marawi City was actually an armed resistance by the Maute Group to shield Hapilon from capture, not to overrun Marawi and remove its allegiance from the Republic," it added.

For the lawmakers, the proffered rebellion and/or invasion in Mindanao is at most a threat similar to "imminent danger” which has been removed from the 1987 Constitution as an alternative ground for the declaration of martial law and the suspension of the privilege of the writ of habeas corpus.

"The alleged facts contained in Proclamation No. 216 and the President’s Report justifying the imposition of martial law and the suspension of the privilege of the writ of habeas corpus turned out to be mostly inaccurate, simulated, false and/or hyperbolic and the list of terrorist acts or incidence of violence are either distant or have been earlier solved with the apprehension and prosecution of the suspected culprits," the petition read.

Duterte imposed martial law in Mindanao on May 23 following deadly clashes in Marawi City involving militants led by the Maute group, whom he said were trying to establish a caliphate for international terror group ISIS.

The martial law declaration is good for 60 days with both houses of Congress, voting jointly, empowered under the Constitution to either revoke or extend the proclamation while the SC may invalidate the declaration within 30 days after a petition is filed.

The petitioners claimed that the imposition of martial law and the suspension of writ of privilege of the writ of habeas corpus was flawed because Duterte allegedly acted alone, without any recommendation from or consultation with the ranking defense and military authorities, some of whom formed part of his official entourage in Russia.

They said the absence of recommendation and consultation was admitted and confirmed by Defense Secretary Delfn Lorenzana when he briefed members of the Senate and the House of Representatives last week.

Following the declaration, Congress ruled against holding a joint session after getting briefings regarding the ongoing offensive against ISIS-inspired Maute group in Marawi City from military and defense officials.

Justifying the arrangement, Senate President Aquilino Pimentel III and House Speaker Pantaleon Alvarez said Congress will only convene in joint session if it plans to revoke or extend martial law proclamation. —ALG, GMA News