Martila Law in Mindanao Valid-Supreme Court

Posted on

DAVAO CITY, Philippines— The Supreme Court says President Rodrigo Duterte’s declaration of Martial Law and the suspension of the privilege of Writ of Habeas Corpus  in Mindanao valid and  within the ambit of the Constitutional.

The justices voted 11-3-1 in favor of Proclamation No, 216 or Martial Law Monday morning, July 4 which rendered the law valid for 60 days.

The decision nullified the petition questioning the declaration which means the high court  dismissed the three consolidated petitions challenging the constitutionality of the President’s move.

Duterte declared Martial Law and suspended the privilege of Writ of Habeas Corpus in Mindanao on May 23 following the  Marawi siege by ISIS-inspired local terror group Maute.

The petitioners needed at least eight votes to nullify the May 23 declaration. They can file a motion for reconsideration, after which the Supreme Court decide with finality on the issue.

The 15 justices deliberated on the consolidated version of three petitions questioning Duterte’s Proclamation 216 and citing a lack of factual basis for martial law.

SC spokesman Theodore Te announced the directive was issued following Tuesday’s regular en banc session of the magistrates.

”The court dismissed the petitions by a vote of 11 of its members, three members voted to partially grant the petitions and one member voted to grant petitions,” Te told reporters during the press briefing.

Te, however, refused to mention the names of the justices who voted for or against the dismissal of the petitions.

”The court dismissed the petitions by a vote of 11 of its members, three members voted to partially grant the petitions and one member voted to grant petitions,” Te told reporters during the press briefing.

Te, however, refused to mention the names of the justices who voted for or against the dismissal of the petitions.

 

ABS-CBN got the list of votes rendered by the Supreme Court Justices.

The consolidated petitions were filed by opposition lawmakers led by Albay Rep. Edcel Lagman, local Mindanao leaders led by Lumad leader Eufemia Campos Cullamat and a group of women from Marawi led by Norkaya Mohamad, challenged the legality of Duterte’s Proclamation No. 216 imposing a military rule and suspending the privilege of the writ of habeas corpus in Mindanao after terrorists occupied Marawi City on May 23.

Solicitor General Jose Calida had told the court that the Marawi crisis is part of a bigger plot to establish an Islamic state in Mindanao. To drive home his point, he even brought with him a flag of the international terrorist group ISIS that was recovered in Marawi.

“When he (Duterte) saw the gravity of the rebellion, he had to act decisively and swiftly. Therefore he chose the martial law tool to save Marawi from total capture by the rebels,” the solicitor general pointed out.

He insisted there is sufficient factual basis for the martial law declaration.

“All elements of rebellion were present. There is actual rebellion (on) the streets of Marawi….The goal is to take over the Philippine territory,” Calida argued.

Under the 1987 Constitution, the President may declare martial law for up to 60 days in case of invasion of rebellion and when public safety requires it. -Editha Z. Caduaya/newsline.ph

Be informed
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •