SolGen to SC: Dismiss petition vs Mindanao martial law extension

Children draw peace murals outside Malacañang after the conclusion of the signing of the Comprehensive Agreement on the Bangsamoro between the Philippine government and the Moro Islamic Liberation Front on March 27, 2014. CNN PHILIPPINES

MANILA – The Office of the Solicitor General (OSG) recently urged the Supreme Court to dismiss the petition against the third extension of martial law declaration in Mindanao.

The OSG said in its comment to SC that the extension of martial rule in the entire island of Mindanao until Dec. 31, 2019 is necessary due to persisting rebellion there.

The OSG also identified various violent incidents which President Rodrigo Duterte raised in his December 2018 letter to Congress, which has the sole prerogative to determine whether or not to extend the declaration of martial law in the area.

“The ongoing scourge by the communist rebels, the (Abu Sayyaf Group), and the presence of remnants of the Daesh continue to pose a clear and present danger to national security,” the OSG said.

It added: “It also hinders the attainment of lasting peace, stability, economic development, and prosperity in Mindanao. These rebel groups and their concerted destabilizing activities and actions constitute the very rebellion in Mindanao.”

“The Honorable Court recognized the fact that the attack on Marawi City has spilled over to other areas in Mindanao and has spurred attacks from other rebel and terrorist groups. Accordingly, the Court affirmed the validity of the second extension of martial law,” the OSG further said.

Opposition lawmaker Edcel Lagman (Albay) said in his petition to SC that there was no sufficient factual basis for President Rodrigo Duterte’s request to extend the martial law in Mindanao.

“President Duterte’s letter dated 06 December 2018 to the Congress initiating a third extension failed to demonstrate the sufficient factual basis for his request, and his allegations of lawless violence and terrorism were not connected to rebellion,” Lagman said.

According to the 1987 Constitution, the President is allowed to declare martial law and suspend the privilege of the writ of the habeas corpus “in case of invasion or rebellion (or) when the public safety requires it” for a period of 60 days.

The Congress last December granted Duterte’s request to extend the martial law until Dec. 31, 2019 due to presence of local terrorist and due to the upcoming midterm elections.

The President placed the entire island of Mindanao under martial law on May 23, 2017, the same day the ISIS-inspired Maute terrorist group began its siege on Marawi City.

Both houses of Congress has jointly extended the martial law twice, with the existing set to expire at the end of the year, since terrorist threats are still prevalent in the entire region./PN

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