THE Supreme Court on Tuesday affirmed with finality the legality of President Rodrigo Duterte’s martial law declaration in Mindanao.
Voting 10-3-1, the high court sustained its decision in July dismissing three consolidated petitions seeking to nullify Proclamation 216 for their lack of factual basis.
The high court denied the motion for reconsideration filed by petitioners led by Albay Rep. Edcel Lagman for mootness and lack of merit.
The high court said there was sufficient basis for the declaration of martial law in Mindanao and the suspension of the privilege of the writ of habeas corpus there after the start of the terror attacks by the Maute group in May in Marawi City.
The tribunal reiterated its finding that the power to determine the scope of territorial application of martial law belonged to the President and that there was no constitutional provision that such emergency power should be implemented only in the place where actual rebellion existed.
The government had repeatedly said martial law was necessary to quell the rebellion since the ISIS-inspired local rebel groups had taken up arms against it to secede Mindanao from the republic and to deprive Duterte of his powers and prerogatives.
The petitioners filed motions for reconsideration, insisting that there was no sufficient basis to justify martial law as the informations cited in the proclamation were “false, inaccurate and contrived.”
Lagman and two other petitioners”•local Mindanao leaders led by Lumad leader Eufemia Campos Cullamat and a group of women from Marawi led by Norkaya Mohamad”•claimed in their separate appeals that a key element in the act of rebellion”•culpable purpose of removing allegiance from the Philippines and preventing the President and legislature from exercising their functions”•was not present in the attack of the terror group Maute in Marawi City on May 23 that triggered the martial law proclamation.
However, Solicitor General Jose Calida sought the dismissal of the appeals in his comment where he again argued that the attack of the Maute Group was not just an act of terror but a clear rebellion and actually part of a plot to establish an Islamic State in Mindanao.
Those who voted to dismiss the appeals of the petitioners were Associate Justices Presbitero Velasco Jr., Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Estela Perlas-Bernabe, Samuel Martires, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo.
Associate Justice Francis Jardeleza, who earlier also voted for the legality of the martial law declaration, was on leave and did not leave his vote.
Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justice Alfredo Benjamin Caguioa voted to partially grant the appeals and maintained their position that the martial rule should be limited to some areas only.
Associate Justice Marvic Leonen again sided with the petitioners and was the only magistrate who voted to grant their appeals.
The tribunal made its final ruling as President Duterte is set to decide whether to extend the martial law declaration, which will lapse by the end of the year.
