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NUPL, Carpio twit Panelo on COVID-19 ‘invasion’ as basis for martial law
By NICOLE-ANNE C. LAGRIMAS,GMA NewsChief presidential legal counsel Salvador Panelo's claim that the "invasion" of the coronavirus disease (COVID-19) can be used as a ground for martial law is both legally and factually indefensible, the president of a lawyers' group said Monday.
The 1987 Constitution allows the president to declare martial law "in case of invasion or rebellion, when the public safety requires it."
Panelo however claimed that "invasion
" can also mean the "entry of a disease and the transfer from one area to another." He said situations like rebellion and invasion that bring "imminent danger" to the public justifies the use of an extraordinary power under the Constitution.The official reportedly said his theory might attract controversy.
"Unbelievable. Legally untenable, constitutionally preposterous and factually absurd, yet an extremely perilous fable," National Union of Peoples' Lawyers president Edre Olalia said in a message.
Former Supreme Court senior associate justice Antonio Carpio simply laughed off the administration official's claim. Sought for comment, he replied: "Hahahahaha".
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Cabinet Secretary Karlo Nograles said early last month that officials are not considering martial law as a way to ensure order while community quarantines are enforced in several places in the country.
Presidential spokesperson Harry Roque last week said President Rodrigo Duterte is not using the COVID-19 crisis as a possible ground to declare martial rule.
The president has said he might impose martial law in the aftermath of reports that communist rebels allegedly attacked police and military officers delivering aid to communities.
Duterte used his martial law power in 2017 in response to rebellion in Mindanao by extremist groups accused of plotting a caliphate for international terror group ISIS. After three extensions, martial law in Mindanao ended last December. —LDF, GMA News