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High court seeks detailed report on Mindanao ML

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The Supreme Court has ordered the government to submit the detailed report of the Department of National Defense regarding the implementation of martial law in Mindanao, which involves confidential matters.

The high court gave its order even as teachers, students and supporters of the indigenous group Lumad on Wednesday asked it to reject the implementation of President Rodrigo Duterte’s Proclamation 216 extending martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until the end of 2019.

The petitioners through the Free Legal Assistance Group led by human rights lawyer Jose Manuel Diokno, also asked the high court to direct the police and the military to cease and desist from continuing with their alleged militarization of the areas where lumad schools are located, the forcible closure of lumad schools and the harassment of teachers and students.

They argued that the extension of martial law and the suspension of the privilege of the writ of habeas corpus had resulted in the continuing harassment of Lumad schools.

In a notice dated Jan. 22, the high court said the government’s submission must be made in 15 sealed copies and in the manner consistent with the prevailing government security requirements for confidential or classified information.

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“Acting on the compliance dated January 21, 2019, submitted by the Office of the Solicitor General (OSG) to the Court and in view of the OSG’s undertaking, the Court hereby directs the OSG to submit no later than 12 noon on Friday, January 25, 2019, the Department of National Defense’s Monthly/Periodic Reports addressed to the Congress on the implementation of Martial Law from January 1, 2018 to December 31, 2018 which involve highly sensitive and confidential matters affecting the security of the State,” the resolution says.

The Court said the “Members of the Court will make a preliminary assessment whether or not the said reports may only be appropriately discussed and deliberated upon in an executive session.”

The high court is set to hear in oral arguments on Jan. 29 the consolidated petitions filed by opposition lawmakers led by Albay Rep. Edcel Lagman, the party-list lawmakers led by Bayan Muna Rep. Carlos Isagani Zarate and the group led by former Comelec chairman Christian Monsod questioning the legality of the third extension of martial law in Mindanao.

On Wednesday, a similar petition was filed before the high court by three lumad teachers and a student from Mindanao.

The previous petitions said the government failed to justify the reason for the re-extension, adding that this failure mocked the 1987 Constitution which says martial law can only be proclaimed if an actual rebellion or invasion exists.

But Solicitor General Jose Calida argued that the factual bases to extend the duration of martial law in Mindanao under Proclamation 216 for another year or until December this year still existed, contrary to the allegations of the petitioners.

Calida said rebellion still persisted in Mindanao, and as such public safety required the extension. 

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