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4th petition vs. Mindanao martial law extension filed


A group of lawyers and human rights advocates on Friday joined the opposition to the one-year extension of martial law in Mindanao by questioning its constitutionality before the Supreme Court (SC).

Similar to the arguments of the three other petitioners, the group led by Dinagat Islands Rep. Kaka Bag-ao and former Commission on Elections chairman Christian Monsod said there is no more reason to impose martial law and suspend the privilege of the writ of habeas corpus in Mindanao because the fighting in Marawi City had already finished last October. 

The petitioners accused Congress, which approved the extension on December 13, of failure to exercise its duty to determine if the request of President Rodrigo Duterte met constitutional requirements.

"The perfunctory manner by which Congress considered and approved the further extension of martial law is highlighted by the very limited time given to legislators to propound searching questions to respondents chief of staff of the Armed Forces of the Philippines, Secretary of National Defense, and other resource persons of the government during the deliberations to actually determine the factual basis for the extension of martial law in Mindanao," the petition read.

"Verily, Resolution of Both Houses No. 4 dated December 13, 2017 underscores the fact that the Congress' act of approving the further extension of martial law is indeed unjustified and unwarranted," it added.

In his request granted by Congress, Duterte cited the military and police’s assessment pointing to continuing terrorist recruitment, increasing violence from the communist rebels, and the rehabilitation of Marawi after five months of armed conflict.

However, the petitioners said the "alleged rebellion" invoked in the extension could not have been the same rebellion existing from May 2017, as the actual rebellion that was found by the SC to be grounded on factual basis is the Marawi crisis.

"And such has been resolved as pronounced by the President himself. Although there are claims of regrouping by the terrorist groups identified, these are not tantamount to an actual rebellion in the strictest sense of the word, as to snatch a territory from the power of the state," the petition stated.

Even if the attacks caused by the New People's Army were alleged as rebellious acts, "the same does not rise to the level of rebellion that constitutes a ground for the extension of Proclamation No. 216," according to the petitioners.

Named respondents in the petition were Senate President Aquilino Pimentel III and Speaker Pantaleon Alvarez, Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, Interior and Local Government officer-in -charge Eduardo Año, National Security Adviser Hermogenes Esperon, Philippine National Police chief Director General Ronald Dela Rosa, and Armed Forces chief of staff General Rey Leonardo Guerrero. 
 
The petition was filed before the close of office hours on Friday when the SC decided to consolidate the petition of former Commission on Human Rights chairperson Etta Rosales with that of the group of opposition congressmen led by Albay Rep. Edcel Lagman, as well as militant lawmakers and activists.

The SC will hold oral arguments on the consolidated petitions on January 16 and 17. —KBK, GMA News

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