Solicitor General Solicitor Jose Calida has requested the Supreme Court (SC) to enable President Rodrigo Duterte to defend the individuals with his issuance of Proclamation No. 216 which declared martial legislation and suspended habeas corpus over Mindanao.
“As the survival of the State hangs in the balance, Respondents respectfully ask this Honorable Court to sustain the constitutionality of Proclamation No. 216, and allow the President to perform his constitutional mandate of protecting the people,” learn his memorandum submitted earlier than SC on Monday (June 19).
Calida requested the excessive tribunal to flip down the three petitions which sought the nullification of Proclamation No. 216 which was issued following the assault of the Maute terrorist group on Marawi City on May 23.
Calida identified “in the issuance of Proclamation No. 216, no grave abuse of discretion can be ascribed to President Duterte.”
“Far from it, there is more than sufficient factual basis for proclaiming martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao,” stated the Solicitor General.
He cited “the military had already received reports as early as November 2014 of a brewing attempt to remove Mindanao from the territory of the Philippines, and eventually pledge its allegiance to a proto-state known worldwide as the Islamic State of Iraq and Syria or ISIS.”
“This was later confirmed by military intelligence in 2016 with the appointment of an emir or a governor of the Islamic State in the Philippines, with Marawi City as the capital thereof,” he stated.