Activist coalition petitions SC to void martial law in Mindanao
By Minde Nyl R. Dela Cruz
A COALITION of human rights organizations petitioned the Supreme Court on Monday, Jan. 8, for a temporary restraining order (TRO) and writ of preliminary injunction against the extension of martial law and suspension of the privilege of writ of habeas corpus in Mindanao.
The petitioners — Makabayan Coalition, Bagong Alyansang Makabayan (BAYAN), National Union of People’s Lawyers (NUPL), and five residents of Mindanao — seek to “declare null and void the approval of both Houses of Congress” which voted 240-27 on Dec. 13 last year to extend anew martial law this time for a full year in the region.
Named as respondents are: President Rodrigo R. Duterte; Senate President Aquilino Martin L. Pimentel III; House Speaker Pantaleon D. Alvarez; Executive Secretary Salvador C. Medialdea; Defense Secretary Delfin N. Lorenzana; Armed Forces Chief of Staff Gen. Rey Leonardo Guerrero; and Philippine National Police Director General Chief Supt. Ronaldo M. Dela Rosa.
The petitioners, led by lawyer Neri J. Colmenares of NUPL, argued “there is no sufficient factual basis that would warrant the extension of martial law” for another 12 months.
“The Marawi siege and other grounds under Proclamation 216 that were used as the alleged bases to justify the assailed declaration of martial law and the suspension of the privilege of the Writ of Habeas Corpus have already been resolved and no longer persist, thus there is with even more reason no sufficient factual basis for the extension of martial law or the suspension of the privilege,” the 34-page petition reads.
Mr. Colmenares cited Section 18, Article VII of the 1987 Constitution which states that the President may declare martial law “for a period not exceeding 60 days… if the invasion or rebellion shall persist and public safety requires it.”
However, the petitioners noted that Col. Romeo Brawner, deputy commander of Joint Task Force Ranao, was quoted as saying: “(The) declaration of the liberation of Marawi is a strategic statement, meaning it’s a message that we want to tell the world, that tapos na po itong problema ng Maute ISIS (that the Maute-ISIS problem is over). They cannot be victorious anymore. Wala na po, patapos na po (It’s done, it’s finished).”
“Hence, by the government’s own admission, there actually exists no factual nor legal basis to support the extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao — for a longer period than the original one at that — considering that the facts constituting the rebellion and threat to public safety in the assailed original proclamation, have already been resolved and no longer persist,” the petition stated.
