Monday, June 10, 2019

VALIDATING THE PROCLAMATION OF MARTIAL LAW IN MINDANAO


Effective May 23, 2017, and for a period not exceeding 60 days, President Rodrigo Roa Duterte issued Proclamation No. 216 declaring a state of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao.XXXthe Lagman Petition claims that the declaration of martial la has no sufficient factual basis because there is no rebellion or invasion in Marawi City or in any part of Mindanao. It argues that acts of terrorism in Mindanao do not constitute rebellion[12] since there is no proof that its purpose is to remove Mindanao or any part thereof from allegiance to the Philippines, its laws, or its territory.[13] It labels the flying of ISIS flag by the Maute Group in Marawi City and other outlying areas as mere propaganda[14] and not an open attempt to remove such areas from the allegiance to the Philippine Government and deprive the Chief Executive of the assertion and exercise of his powers and prerogatives therein. It contends that the Maute Group is a mere private army, citing as basis the alleged interview of Vera Files with Joseph Franco wherein the latter allegedly mentioned that the Maute Group is more of a "clan's private militia latching into the IS brand theatrically to inflate perceived capability".[15] The Lagman Petition insists that during the briefing, representatives of the military and defense authorities did not categorically admit nor deny the presence of an ISIS threat in the country but that they merely gave an evasive answer[16] that "there is ISIS in the Philippines".[17] The Lagman Petition also avers that Lt. Gen. Salvador Mison, Jr. himself admitted that the current armed conflict in Marawi City was precipitated or initiated by the government in its bid to capture Hapilon.[18] Based on said statement, it concludes that the objective of the Maute Group's armed resistance was merely to shield Hapilon and the Maute brothers from the government forces, and not to lay siege on Marawi City and remove its allegiance to the Philippine Republic.[19] It then posit that if at all, there is only a threat of rebellion in Marawi City which is akin to "imminent danger" of rebellion, which is no longer a valid ground for the declaration of martial law.[20]

 RULING:Considering the country's history, it is understandable that the resurgence of martial law would engender apprehensions among the citizenry. Even the Court as an institution cannot project a stance of nonchalance. However, the importance of martial law in the context of our society should outweigh one's prejudices and apprehensions against it. The significance of martial law should not be undermined by unjustified fears and past experience. After all, martial law is critical and crucial to the promotion of public safety, the preservation of the nation's sovereignty and ultimately, the survival of our country. It is vital for the protection of the country not only against internal enemies but also against those enemies lurking from beyond our shores. As such, martial law should not be cast aside, or its scope and potency limited and diluted, based on bias and unsubstantiated assumptions.

Conscious of these fears and apprehensions, the Constitution placed several safeguards which effectively watered down the power to declate martial law. The 1987 Constitution "[clipped] the powers of [the] Commander-in-Chief because of [the] experience with the previous regime."[261] Not only were the grounds limited to actual invasion or rebellion, but its duration was likewise fixed at 60 days, unless sooner revoked, nullified, or extended; at the same time, it is subject to the veto powers of the Court and Congress.

EN BANC

[ G.R. No. 231658, July 04, 2017 ]

REPRESENTATIVES EDCEL C. LAGMAN, TOMASITO S. VILLARIN, GARY C. ALEJAÑO, EMMANUEL A. BILLONES, AND TEDDY BRAWNER BAGUILAT, JR., PETITIONERS, VS. HON. SALVADOR C. MEDIALDEA, EXECUTIVE SECRETARY; HON. DELFIN N. LORENZANA, SECRETARY OF THE DEPARTMENT OF NATIONAL DEFENSE AND MARTIAL LAW ADMINISTRATOR; AND GEN. EDUARDO AÑO, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES AND MARTIAL LAW IMPLEMENTOR, RESPONDENTS.

 


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