THE government asked the Supreme Court to throw out petitions questioning the declaration of martial law in Mindanao Thursday, saying that President Rodrigo Duterte needed “extraordinary measures” to fight local terrorists who want to establish a province or “wilayah” under an Islamic State caliphate.
In oral arguments for petitions asking the Court to junk Duterte’s martial law declaration, Solicitor General Jose Calida said the government could not “sit idly by and watch as the country is dismembered.”
“We are at war with an enemy that does not respect the laws and principles we live by. We are at war with an enemy that seeks to destroy our way of life and force its twisted ideology upon our people,” Calida said. “These are extraordinary times, they require extraordinary measures.”
Three groups have asked the court to nullify Duterte’s declaration of martial law and suspension of the privilege of the writ of habeas corpus, arguing that there was not enough factual basis to put the entire island of Mindanao under martial law.
But Calida said the President needed “a more expansive authority” to quell the rebellion by the Maute group. He claimed the group had joined forces with the Ansarul Khilafah Philippines, Bangsamoro Islamic Freedom Fighters, and the Abu Sayyaf Group.
The solicitor general also warned against tying the President’s hands, saying this would hurt the government’s ability to end the rebellion in Mindanao.
Senior Associate Justice Antonio Carpio questioned Calida on whether there was indeed rebellion elsewhere in Mindanao. Carpio said terrorism could not automatically be considered an act of rebellion, but could lead to it.
Calida told the justices of the Supreme Court that the Marawi City attack was part of a bigger plot to establish an Islamic State in the Philippines.
“The crisis in Marawi is not an isolated incident; it is part of a bigger plot to establish an Islamic State. This is not only a display of Maute’s force but a siege of power,” Calida said.
“The rebels seized Marawi not just with the intention of striking fear. They wanted to establish a caliphate and dismember Marawi,” Calida added.
According to Calida, elements of rebellion—raising arms against the government and culpable purpose of removing allegiance from the government—were present in the crisis that required the President to use his power to declare martial law.
“When he [Duterte] saw gravity of rebellion, he had to act swiftly and decisively to save Marawi… Were it not for the President’s swift action, the rebels would’ve established a stronghold in the heart of Mindanao,” he said.
Asked why the entire Mindanao had to be covered by the martial law declaration, Calida said the Maute group had links with other rebel groups such as the Bangsamoro Islamic Freedom Fighters and the Abu Sayyaf.
“The seeds of rebellion were already planted in different parts of Mindanao. Public safety requires the declaration of martial and suspension of privilege of habeas corpus not just in Marawi but in entire Mindanao,” Calida said.
Chief Justice Ma. Lourdes Sereno inquired why was there need to declare martial law when the President already has power to call out the military to stop the siege.
Calida said the President wanted a stronger action to stop the rebellion.
“That’s the judgment call of the President; he alone was vested with such power,” Calida said. “When he [President] saw the gravity of the rebellion he had to act decisively and therefore he chose martial law [as a] tool to save Marawi from total capture by the rebels. I do not understand why petitioners are afraid of martial law.”
“The Constitution bestows full authority to declare [martial law] on the President and no one else. The President is only expected to make decisions based on information given to him before decision is made,” he added.
Calida also disparaged alleged human rights abuses raised by the Integrated Bar of the Philippines Lanao del Sur chapter.
“President Duterte’s order of martial law is markedly different from that issued by President Marcos,” he said, referring to the late strongman Ferdinand E. Marcos.
Calida also said the petitions had defects, citing their failure to specify the remedy being invoked for the Supreme Court to review the factual bases of the martial law proclamation.
During Wednesday’s continuation of interpellation of the petitioners, Associate Justice Noel Tijam said that there is nothing reprehensible with the power of martial law under the 1987 Constitution.
But lawmaker-petitioner Albay Rep. Edcel Lagman told the justices that it is President Duterte who they do not trust to follow and respect the law and Constitution.
Lagman also said constitutional safeguards against abuse “will only be good in the hands of a President that respects the law and the Constitution.”
Lagman insisted that martial law should only be the last resort in curbing violence in the country.
“If we read the Constitution, the action, the response of the President would be calibrated: call the Armed Forces of the Philippines to subdue lawless violence, invasion and rebellion, if it fails, next is suspend the privilege of the writ of habeas corpus,” Lagman said, adding that if the two measures fail, only then can the President declare martial law.
The three-day oral arguments will continue today when Calida returns for more questioning by the justices.
The Court ordered Defense Secretary Delfin Lorenzana and Armed Forces chief Gen. Eduardo Año to attend the continuation of oral arguments Thursday.
Chief Justice Maria Lourdes Sereno issued the directive after Lagman moved that the Court require their presence in Thursday’s hearing.
Sereno also required Solicitor General Jose Calida to submit pertinent documents, which she enumerated during the oral arguments.
Lorenzana is the martial law administrator while Año is the martial law implementor.
Sereno said the Court was open to having Lorenzana and Año in an executive session in deferenece to the sensitive information they may share.
The military said it was ready to participate in the ongoing oral arguments.
“We support whatever process that is currently ongoing and if we need to be resource persons elsewhere, including the Supreme Court, we will be there,” Armed Forces of the Philippines spokesman Brig. Gen. Restituto Padilla said in a Palace briefing.
