Petitioners: Terrorism does not equate to rebellion 

Opponents of martial law declaration in Mindanao took turns on Tuesday in pleading before the Supreme Court (SC) to nullify the proclamation for alleged lack of factual basis.

Pending before the high court are the consolidated petitions filed by a group of opposition congressmen led by Albay Rep. Edcel Lagman, activists and militant lawmakers, and four women residents of Marawi City — the sight of vicious fighting between government troops and the local Maute terror group.

In his opening statement, Lagman said acts of terrorism "are not necessarily equivalent to actual rebellion and the consequent requirement of securing public safety" to justify the imposition of martial law and suspension of the privilege of writ of habeas corpus.

"No less than Justice Secretary [Vitaliano II] Aguirre admitted that acts of terrorism do not automatically constitute rebellion. It is for this reason that the Human Security Act of 2007 (Republic Act 9372), was enacted to punish acts of terrorism," Lagman said.

He said the elements of rebellion such as  removing the Philippines or a part from allegiance to the Republic or preventing the President or Congress from exercising their powers and prerogatives were not present in the Marawi crisis.

President Rodrigo Duterte placed the whole of Mindanao under martial law for 60 days after Maute group-led terror organizations attempted to establish an Islamic State province in the island group by assaulting Marawi City on May 23.

"Defense and military officials have admitted that the current armed conflict in Marawi City was government-initiated and the armed confrontation was precipitated by the military operation to neutralize or capture [Abu Sayyaf leader Isnilon] Hapilon, which was resisted by the Maute Group," Lagman said.

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

"Verily, there is no actual rebellion in Marawi City and elsewhere in Mindanao absent the culpable purpose."

Lagman said confronting and defeating terrorists does not need the imposition of martial law where there is no actual invasion or rebellion when the public safety requires such imposition or suspension.

Abuses

He feared martial law will "inevitably result" in abuses, atrocities and repression of human rights and civil liberties reminiscent of martial rule under the late President Ferdinand Marcos.

"The repetition of such excesses is ominous in the wake of President Duterte’s statement that the martial law of Marcos was 'very good' and he would replicate it with equal harshness," the lawmaker said.

Ephraim Cortez, counsel for the activist groups and militant lawmakers, said the government failed to provide sufficient factual basis on the existence of rebellion in the entire island of Mindanao.

Representing the four Marawi women, lawyer Marlon Manuel said the military can quell the threats of Maute group and other terrorist groups without declaring martial law.

The oral arguments were ongoing as posting time with justices interpellating the lawyers of the petitioners. —KBK, GMA News