SolGen Calida: Zero chance for SC to reverse martial law decision

Solicitor General Jose Calida has expressed confidence the Supreme Court (SC) would stick to its decision backing President Rodrigo Duterte's imposition of martial law in Mindanao amid plans of some petitioners to file an appeal.

Calida leaned on the result of the July 4 vote where 11 out of the 15 justices said Duterte had been able to sufficiently explain the necessity for martial rule on the ground of rebellion.

"With the supermajority votes of the [Supreme Court] justices declaring Proclamation No. 216 as constitutional, meaning, there is sufficient factual basis for the imposition of martial law in Mindanao, my fearless forecast is that petitioners have two chances: nil and none," the solicitor general said in a text message to GMA News Online.

Calida's reaction came after the group of opposition lawmakers led by Albay Rep. Edcel Lagman decided to appeal the ruling that he criticized due to "serious errors."

In a statement last week, Lagman said the ruling "denigrated" the constitutional safeguard for the SC to review the factual basis of martial law when it effectively deferred to the discretion of the President and gave him “much leeway and flexibility” to declare martial rule since he has access to all intelligence information.

"This disquisition virtually closes the door for the [Supreme Court] to fully review the sufficiency of the factual basis of the President’s exercise of extreme emergency powers," he said.

Lagman said the decision even went to the extent of pronouncing that the territorial coverage of martial law is subject to the President’s discretion, "thus paving the way for an expanded territorial ambit of a martial law declaration."

According to the high court, the power to determine the scope of territorial application of martial law belongs to the President and that there is no constitutional provision that such emergency power should be implemented only in the place where actual rebellion exists.

"The foregoing obiter dictum was completely unnecessary. It may only further embolden the President to place the entire country under martial law," Lagman said.

Lagman's group also hit the decision's failure to determine that actual rebellion existed in Marawi City and in the whole of Mindanao when Proclamation 216 was issued on May 23 "because the element of culpable political purpose is palpably absent."

Two other petitioners--the group of activists and militant lawmakers and four Marawi residents-- have yet to disclose plans of filing an appeal, which should be done within 15 days from receipt of the decision.

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

He also suspended the privilege of the writ of habeas corpus in the region to implement warrantless arrests of Maute fighters or their sympathizers.

Duterte can extend the duration of the martial rule, which will expire on July 22, subject to approval by Congress. — RSJ, GMA News