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[av_heading heading=’SolGen against M’nao martial law opponents’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY ADRIAN STEWART CO
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January 15, 2018
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Calida: They downplay communist threats
MANILA – People against the extended martial law in Mindanao were downplaying threats posed by communist groups, Solicitor General Jose Calida said.
Four petitions against the extension of martial law until December this year have been filed at the Supreme Court. Oral arguments have been scheduled from Jan. 16 to 17.
That there was no more rebellion in the southern region that would require military rule was a common argument among petitioners.
“Petitioners want us to believe that communist rebellion is not detrimental to public safety, notwithstanding the numerous attacks made on civilians in the name of the Marxist ideology,” Calida said in a 60-page consolidated comment filed at the high court.
He also argued that, while it was President Rodrigo Duterte who requested the extension, it was Congress that voted to extend it until Dec. 31.
“The declaration of martial law is an act of the President. The extension, on the other hand, is the prerogative of Congress,” Calida said.
“It follows that the judicial review of the proclamation of martial law is different from judicial review of the extension,” he said.
Calida added: “In view of the presumption of constitutionality accorded to the extension of martial law, it is incumbent upon all the petitioners to overturn the presumption, meaning, show facts that the extension is without basis.”
Duterte first declared martial law in Mindanao on May 26, 2017 in light of attacks from the Islamic State-allied extremist group Maute in Marawi City.
He requested for an extension twice – first, until Dec. 31, 2017 and second, until Dec. 31, 2018 – upon recommendations from the Armed Forces and the Philippine National Police, and Congress approved these.
The Supreme Court has previously affirmed the constitutionality of the martial law in Mindanao./PN
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