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No constitutional limit to number of times martial law may be extended —Carpio


The 1987 Constitution provides no limit to the number of times martial law can be extended, Supreme Court Senior Associate Justice Antonio Carpio said on Monday.

"As long as the grounds exist, the grounds for declaring martial law continue, then you can continue with martial law," the senior magistrate told CNN Philippines. "There's no limit, yes."

Section 18, Article VII of the Constitution allows the president to place the Philippines or any part of the country under martial law for up to 60 days in cases of invasion or rebellion or when the public safety requires it.

Congress may revoke such a proclamation by a majority vote of all its members and, by initiative of the chief executive, extend it "if the invasion or rebellion shall persist and public safety requires it."

For the third time, President Rodrigo Duterte has asked Congress to further extend martial law in Mindanao, where parts of the southern city of Marawi were reduced to rubble by months of fighting between state troops and pro-Islamic State rebels last year.

The Supreme Court has previously upheld the one-year extension of military rule in the island. Carpio dissented. He earlier opined that the assailed martial law should only be valid within Marawi City.

This time, Duterte said a martial law extension will help preserve government gains against terrorists and rebels in Mindanao. He said groups such as the Abu Sayyaf, the Bangsamoro Islamic Freedom Fighters, Daulah Islamiyah continue hostile activities.

He also faulted communist groups for allegedly harassing government installations, liquidation operations and acts of arson.

“We cannot afford to give the rebels any further breathing room to regroup and strengthen their forces Public safety requires such further extension in order to avoid the further loss of lives and physical harm, not only to our soldiers and the police, but also to our civilians,” Duterte said in a letter to Congress.

“Such extension will also enable the government and the people of Mindanao to sustain the gains we have achieved thus far, ensure the complete rehabilitation of the most affected areas therein, and preserve the socioeconomic growth and development now happening in Mindanao." —NB, GMA News