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Martial law extension defies constitutional limits —Lagman


Albay Representative Edcel Lagman on Saturday said that the bid to extend the martial law in Mindanao "defies grounds and duration imposed by the 1987 Constitution."

In a statement, Lagman said that the projected extension is "constitutionally infirm both as to grounds and duration."

He stressed that martial law can only be declared and its extension authorized in “case of invasion or rebellion, when the public safety requires it.”

His remark came after both the Armed Forces of the Philippines and the Philippine National Police recommended on Friday the extension of Mindanao martial law.

Lagman argued that "there is neither actual invasion or rebellion in Mindanao after Marawi City was declared by President Rodrigo Duterte as liberated from rebel and terrorist forces almost two months ago."

He noted that even the PNP and the AFP only admit the existence of threats from remnants of terrorist groups who are reportedly recruiting fighters and regrouping to exact “vengeance” against government forces.

Mere "threat or imminent danger of rebellion or invasion has been obliterated by the 1987 Constitution as a ground for declaring martial law because it is contingent, nebulous and self-serving," he added.

Meanwhile, Akbayan Rep. Tom Villarin agreed with Lagman that the extension has no constitutional basis.

"The bases for martial law extension mentioned, i.e. potential terrorist threats and for expedient rehab of Marawi, do not fall under the constitutional basis of actual rebellion or insurrection and when public safety so requires," Villain said.

Martial law extension will put in limbo the May 2018 barangay elections which will be put on hold due to such security concerns, and it will be a dangerous precedent that may lead to the expansion of the iron rule all over the country especially, Villarin added.

Members of the Senate minority bloc on Friday expressed their opposition to a martial law extension in Mindanao, saying a military rule may hinder a needed “people-centered” rehabilitation in Marawi City.

Last July 22, Congress, in special session, overwhelmingly approved President Duterte’s request to extend martial in Mindanao until December 31, 2017.

Marawi has been declared “liberated from terrorist influence” by Duterte last October 17. —LBG, GMA News