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BY ADRIAN STEWART CO and PRINCE GOLEZ
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Wednesday, July 5, 2017
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MANILA – The Supreme Court (SC) upheld the constitutionality of President Rodrigo Duterte’s declaration of martial law in Mindanao.
Eleven High Court justices voted in favor of Proclamation 216, announced SC spokesperson Theodore Te yesterday.
Malacañang welcomed the decision. Presidential Spokesperson Ernesto Abella said the President is sworn to protect the Filipino people and “he will not waver in this commitment to end rebellion, the evil of terrorism and to liberate Marawi City.”
The 11 who upheld the Mindanao martial law were Associate Justices Presbitero Velasco Jr., Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Jose Mendoza, Estela Perlas-Bernabe, Francis Jardeleza, Samuel Martires, Noel Tijam, Bienvenido Reyes, and Mariano del Castillo, the ponente of the decision.
On the other hand, Chief Justice Maria Lourdes Sereno and Associate Justices Antonio Carpio and Benjamin Caguioa expressed reservations on the territorial coverage of Proclamation 216. They wanted it confined to Marawi City only.
Associate Justice Marvic Leonen was the lone dissenter.
“With the Supreme Court decision, the whole government now stands together as one against a common enemy…After all, securing communities is a responsibility that must be shared by everyone,” said Abella.
Solicitor General Jose Calida also welcomed the high court’s decision.
“The monumental decision by the Supreme Court underscores the existence of real and present rebellion that threatens the lives of fellow Filipinos in Mindanao, and their much-cherished liberties,” Calida said in a statement.
“As the conscience of our nation, the Supreme Court did not sit idly to watch our country dismembered. In fact their decision shows that they are one with the President in protecting and defending our country’s sovereignty and territorial integrities,” he added.
Three petitions, including one from opposition lawmakers led by Edcel Lagman, Tomasito Villarin, Rodolfo Alejano, Emmanuel Billones, Teddy Baguilat Jr., and Edgar Erice, were filed before the SC.
The three petitions argued that President Duterte did not have factual basis for declaring martial law and that there was no rebellion or invasion.
Calida said Duterte had sufficient factual basis and that the petitioners failed to establish that the President committed grave abuse of discretion.
Duterte was forced to declare martial law on May 23 while visiting Moscow in Russia after government troops clashed with the Maute terrorist group in Marawi City.
With the question on the sufficiency of the factual basis of declaring martial law now resolved, Ilonggo Senate Minority Leader Franklin Drilon said the government must now focus on how to end the fighting in Marawi City.
“The fighting has already claimed the lives of many of our soldiers, displaced thousands of residents, and disrupted all forms of human and economic activity in the area,” said Drilon.
“Immediate and effective” aid must come to the people of Marawi, he stressed.
“I call on our government to immediately prepare a long-term rehabilitation plan that will bring normalcy back to the affected areas. I urge the Senate leadership to ask the Executive for an update on the situation in Marawi,” said Drilon.
The Maute group, also known as the Islamic State of Lanao, is a radical Islamist group composed of former Moro Islamic Liberation Front guerrillas and some foreign fighters./PN
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