Opposition lawmakers led by Albay Rep. Edcel Lagman on Monday filed a petition earlier than the Supreme Court to problem the constitutionality of President Rodrigo Duterte’s proclamation of martial law in Mindanao.
The petitioners assailed Proclamation No. 216, entitled “Declaring a state of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao”, as bereft of adequate factual foundation and known as for its nullification.
Joining Lagman in the petition, which was docketed as G.R. No. 231658, are Akbayan Rep. Tomasito Villarin, Magdalo Rep. Gary Alejano, Capiz Rep. Emmanuel Billones, Ifugao Rep. Teddy Brawner Baguilat, Jr. and Caloocan Rep. Edgar Erice.
Under Article VII, Section 18 of the 1987 Constitution, the President might declare martial law and droop the writ of habeas corpus solely “in case of invasion or rebellion, when public safety requires it”.
The identical part additionally grants particular jurisdiction to the Supreme Court to overview the “sufficiency of the factual basis” of such declaration or suspension.
On May 23, President Duterte positioned your entire Mindanao island beneath martial law following clashes between authorities troops and members of the Maute group in Marawi City.
According to the petitioners, President Duterte’s proclamation has no adequate factual anchorage due to six fundamental arguments:
(1) There is not any rise up or invasion the place the general public security requires the declaration of martial law and the suspension of the privilege of the writ of habeas corpus in Marawi City or elsewhere in Mindanao.
(2) Mere conclusions of truth and law on the pretended existence of rise up and/or invasion won’t function adequate foundation since errant conclusions haven’t any authorized pedigree.
(three) No lower than the army institution has admitted that the present armed battle in Marawi City was government-initiated and the armed confrontation was precipitated by the army operation to neutralize or seize Isnilon Hapilon, a excessive profile terrorist commander, which was resisted by the Maute Group of terrorists.
(four) Consequently, the alleged “siege” of Marawi City was truly an armed resistance by the Maute Group to defend Hapilon from seize, to not overrun Marawi and take away its allegiance from the Republic.
(5) The proffered rise up and/or invasion is at most a risk akin to “imminent danger” which has been obliterated from the 1987 Constitution in its place floor for the declaration of martial law and the suspension of the privilege of the writ of habeas corpus.
(6) The alleged info contained in Proclamation No. 216 and the President’s Report justifying the imposition of martial law and the suspension of the privilege of the writ of habeas corpus turned out to be largely inaccurate, simulated, false and/or hyperbolic and the checklist of terrorist acts or incidents of violence are both distant or have been earlier solved with the apprehension and prosecution of the suspected culprits.
Lagman stated among the many falsities in the President’s martial law report was when it said that the Amai Pakpak Medical Center (APMC) was overrun by the Maute Group.
According to Dr. Amer Saber, APMC’s Medical Director, the medical facility stays operational.
Lagman additionally stated the Landbank of the Philippines in Marawi City claimed that it was not ransacked by the terrorists, contradicting the President’s report.
Furthermore, Lagman stated the police chief of Malabang in Lanao del Sur, Senior Inspector Romeo Enriquez, is alive and was not beheaded by the terrorists, opposite to the President’s declare.
The petitioners additionally claimed that the imposition of martial law and the suspension of the writ of habeas corpus is flawed due to the absence of advice or session from rating protection and army authorities.
The absence of advice and session was admitted and confirmed by Defense Secretary Delifin Lorenzana when he briefed members of the Senate and the House of Representatives.
With overwhelming “ayes”, The House of Representatives final Wednesday adopted a decision expressing its “full support” to President Duterte in his declaration of martial law in Mindanao.
According to House Resolution No. 1050, the Committee of the Whole had discovered “no reason to revoke” Duterte’s Proclamation 216 entitled “Declaring a state of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao”.
The decrease chamber constituted itself as a Committee of the Whole to sort out the President’s report on the martial law declaration.
The committee obtained a briefing by the completely different division heads of the chief department together with Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, National Security Adviser Hermogenes Esperon, and different Cabinet officers.
”During the stated briefing and after interpellation, the Members of the House of Representatives decided the sufficiency of the factual foundation for the issuance of Proclamation No. 216,” the decision learn.