SC sets oral arguments on petition vs. Duterte martial law proclamation

The Supreme Court (SC) has scheduled oral arguments on the petition filed by opposition congressmen seeking to nullify the martial law declaration in Mindanao.

During Tuesday's en banc session, the justices decided to hear the arguments of the government and the petitioners composed of Albay Rep. Edcel Lagman and six other lawmakers on June 13, 14, and 15.

The SC also directed the respondents Executive Secretary Salvador Medialdea, Defense Secretary and martial law administrator Delfin Lorenzana and Armed Forces of the Philippines chief General Eduardo Año to submit their comment until June 12. 

A preliminary conference of lawyers from both sides will also be held on June 12 to thresh out the issues to be discussed in the three-day oral arguments.

After the oral arguments, the parties are required to submit a memoranda not later than June 19.

The SC also dropped Northern Samar Rep. Raul Daza and Caloocan City Rep. Edgar Erice as petitioners for failure to sign the verification and certification of non-forum shopping.

"Erice is out of the country and Daza could not make it with his signature," petitioner and Akbayan Rep. Tomasito Villarin said on why Daza and Erice were not able to sign the petition.

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 the writ of habeas corpus in Marawi City or elsewhere in Mindanao to implement warrantless arrests of Maute fighters 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."

The petitioners claimed that the imposition of martial law and the suspension of the 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.

Solicitor General Jose Calida refuted this claim on Monday, as he expressed confidence the government will win in the case.

"Nowhere in the Constitution does it state that the President’s declaration of martial law needs the recommendation or concurrence of the Defense Secretary, or any Cabinet official,” he said.

The martial law 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 martial law declaration within 30 days after a petition is filed. — RSJ/KBK, GMA News