The Supreme Court has required the Malacañang and Congress to comment on the petition of seven opposition lawmakers assailing the constitutionality and validity of a third extension of martial law in Mindanao.
During the en banc session on Tuesday, SC justices also resolved to schedule the petition filed last week by the group led by Albay 1st district Rep. Edcel Lagman for oral arguments on Jan. 22 and 23.
The 15-member bench also ordered the respondents to submit their comment within a non-extendible period of seven days from receipt of notice, SC spokesman and Court Administrator Midas Marquez said.
In their petition, Lagman and company asked the Court to declare the extension of martial law for another year or until Dec. 31, 2019 and as well as the suspension of the privilege of the writ of habeas corpus in the southern island as unconstitutional.
The group again alleged that Resolution of Both Houses 16 that was approved in joint session last month and which granted President Rodrigo Duterte’s request to Congress to extend martial law for a third time violated the 1987 Constitution.
The same petitioners earlier filed two petitions questioning the martial law declaration and the succeeding one-year extension, which were both dismissed by the high court in July 2017 and February last year, respectively, for lack of merit.
Lagman’s group, just like in their previous petitions, again questioned the factual bases of the third extension and insisted that public safety in Mindanao was “not imperiled” anymore because rebellion “does not exist and persist.”
According to the petitioners, there was no actual, ongoing armed uprising against the government to justify the new extension.
Petitioners also claimed that there is no need for another extension as the government was already able to achieve its goal for imposing martial law Mindanao when it ended the Marawi siege and defeated the Maute Group and a faction of the Abu Sayyaf Group, citing as proof Duterte’s announcement in October 2017 that the war-torn city is already liberated from terrorists.
Calling the third extension a “virtual perpetuity,” the period of martial law declaration would now reach a total of 891 days.
Lagman was joined by Akbayan Rep. Tom Villarin, Ifugao Rep. Teddy Baguilat Jr., Caloocan City 2nd district Rep. Edgar Erice, Magdalo Rep. Gary Alejano, Quezon City 6th district Rep. Jose Christopher “Kit” Belmonte and Dinagat Islands Rep. Kaka Bag-ao in filing the petition.
In its earlier ruling, the Court already ruled that “the manner of Congress’ deliberation with respect to the President’s request for extension of martial law in Mindanao for one year is not subject to judicial review.”
The tribunal has likewise ruled that the two Houses of the Congress have “full discretionary authority” to promulgate their own rules, and the said power is exempt from judicial review and interference, “except on a clear showing of such arbitrary and improvident use of the power such as would constitute a denial of due process.”