SC SHOWS WEAKNESS; GRANTS DUTERTE’S POWER IN ENTIRE MINDANAO

Due to prevalent lawlessness in Marawi City, President Rodrigo Duterte issued Proclamation No. 216 declaring a state of martial law and suspending the privilege of writ of habeas corpus in the whole of Mindanao which upheld by the Supreme Court last July 4.

The Supreme Court voted 11-3-1 to declare martial law in the entire Mindanao. Moreover, the three petitions that questioned the legitimacy of the said declaration were denied, filed by the minority bloc of the Congress, the people of Mindanao and by the women from Marawi City.

The SC’s 11-3-1 decision has shown weakness as they lack in reviewing the sufficiency of the factual basis of the Proclamation no. 216 because there is no rebellion or invasion in Marawi City or even in the whole of Mindanao as Lagman petitioned that when Maute Group attacked Amai Pakpak Medical Center, Dr. Amer Saber, the hospital’s Chief, insists that the Maute Group merely brought an injured member to the hospital for treatment but did not overrun the hospital or harass any hospital personnel.

Ms. Sereno said in her 51-page opinion that the military has confirmed that there are places in Mindanao that the Maute will never gain a foothold, as the same with Mr. Caguioa’s opinion extending the martial law and suspension of the privilege of the writ of habeas corpus over the whole of Mindanao without the actual rebellion is absurd.

In addition, President Duterte’s report, reason to declare martial law was consisted of false and inaccurate information like when he said that; the attack on military outpost in Butig, the Zamboanga siege, the Davao market bombing, the Mamasapano carnage and other bombings in Davao were a factual basis for the proclamation of martial law. Thus, it happened long before the conflict in Marawi City began.

Moreover, under Section 18, Article VII of the Constitution, in case of invasion and rebellion, the president has the power to suspend the writ of habeas corpus or place any part of the Philippines under martial law. But the Constitution also explicitly provides that when martial law is resorted to, public safety must demand it.

Public safety is a must.

The act of mentioning the phrase “martial law” triggers fear among many because of the past Martial law under the administration of Ferdinand Marcos. Possible human rights violations and abuse of power of the military can occur anytime and nobody wants that.

If the proclamation had passed and President Duterte still wanted to spread Martial in Mindanao, or even in Visayas and Luzon, we should think and take action. Never stop criticizing the Supreme Court especially if we failed to see righteousness in their decision.