Even if terrorism, not riot, happened over Mindanao, President Rodrigo Duterte can nonetheless declare martial law.
In its 82-page resolution, the Supreme Court (SC) identified that is supplied below the Human Security Act of 2007 which is the Act to Secure the State and Protect Our People from Terrorism.
“In any case, even assuming that the insurgency in Marawi City can also be characterized as terrorism, the same will not in any manner affect Proclamation No. 216,” learn the choice penned by Justice Mariano del Castillo.
President Rodrigo Duterte issued Proclamation No. 216 which declared martial law and suspended habeas corpus over Mindanao following the May 23 assault of the Maute terrorist group on Marawi City.
However, petitioners who sought the nullification of Proclamation No. 216 identified, amongst others, terrorism is what have taken place within the area and never riot.
Citing Section 2 of the Human Security Act of 2007, the excessive tribunal stated the law expressly offers “[n]othing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government.”
Thus, so long as the President complies with all the necessities of Section 18, Article VII, the existence of terrorism can not forestall him from exercising his extraordinary energy of proclaiming martial ‘ law or suspending the privilege of the writ of habeas corpus,” the SC stated.
“After all, the extraordinary powers of the President are bestowed on him by the Constitution. No act of Congress can, therefore, curtail or diminish such powers,” it stated.
Also, the excessive tribunal stated there may be nothing within the Act and the Revised Penal Code “which states that rebellion and terrorism are mutuallty exclusive of each other or that they cannot co-exist together.”
“Rebellion may be subsumed under the crime of terrorism, which has a broader scope covering a wide range of predicate crimes. In fact, rebellion is only one of the various means by which terrorism can be committed,” it stated.