SolGen: ML extension in Mindanao has legal basis

FILE: Solicitor General Jose C. Calida. (PNA photo)

MANILA — Solicitor General Jose Calida said Tuesday the extension of martial law in Mindanao has legal basis, citing that rebellion is rampant in several parts of the region despite the liberation of Marawi City from Maute terrorists.

“The President (Rodrigo Duterte) cited compelling reasons in his request to extend the proclamation of martial law, as well as the suspension of the privilege of the writ of habeas corpus, in the whole of Mindanao,” Calida said, referring to the letter request dated Dec. 8 transmitted to Congress.

According to Calida, the President deems it necessary to extend the proclamation to completely quell and put an end to the ongoing rebellion in Mindanao.

Specifically, Duterte said the extension was to “ensure total eradication of the DAESH-inspired Da’awatul Islamiyah Waliyatul Masriq (DIWM), other like-minded local and foreign terror groups and armed lawless groups, the communist terrorists and their coddlers, supporters, and financiers”.

“This request for further extension of martial law is amply supported by facts available to the President as Commander-in-Chief,” Calida said. “The remnants of these rebel groups are currently regrouping and recruiting new members to sustain the ongoing rebellion.”

Opposition lawmakers have argued the government cannot continue placing Mindanao under martial law and suspend the privilege of the writ of habeas corpus without an actual rebellion in the region.

On May 23, Duterte declared martial law over Mindanao following Maute’s attack in Marawi City for 60 days.

Under the Constitution, Congress, in a joint vote, may revoke or extend the martial law declaration while any citizen may challenge the proclamation before the Supreme Court (SC) on the ground of lack of sufficient factual basis.

Congress, voting 261-18 in a joint session on July 23, approved Duterte’s request to extend it until yearend.

The Senate and the House of Representatives will hold a joint session on Wednesday to deliberate on the

President’s request to extend martial law in Mindanao for another year.

The SC has 30 days under the Constitution to issue a ruling which the high court did when it declared the martial law proclamation as constitutional last July 4.

The high court upheld this decision with finality on December 5.

Earlier, former Solicitor General Florin Hilbay said it is unconstitutional to extend martial law because the Constitution requires actual invasion or rebellion.

Hilbay pointed out that the government has already declared victory in the battle against the terrorist group in the south.

He said there is no legal justification for the Chief Executive to order the extension of martial law for one year, pointing out that the 1987 Constitution only allows martial rule if there is an actual invasion or rebellion and when public safety requires it.

“We need to clarify what martial law is all about. There’s no such thing as preventive martial law,” Hilbay said.
Last October, Duterte declared Marawi free from terrorists following the death of terror leaders Isnilon Hapilon and Omar Maute.

But the President recently announced his plan to extend martial law, upon the military and police’s recommendations, due to continuing terrorist recruitment, increasing violence from the communist rebels, and the rehabilitation of Marawi.