The Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to dismiss the Jan. 4 petition of seven opposition lawmakers seeking to nullify the third martial law extension in Mindanao.
In a 50-page comment, the OSG claimed that there is sufficient basis for the extension of martial law until 2019 as rebellion continues to persist in Mindanao.
Martial law was declared by President Rodrigo R. Duterte last May 23, 2017, through Proclamation No. 216, following the attack of Maute group in Marawi City, Lanao del Sur. The city was liberated on Oct. 17, 2017 after the killing of terror groups leaders Isnilon Hapilon and Omar Maute.
Congress approved on Dec. 12 the third extension of martial law Mindanao until 2019 to end the rebellion in Mindanao.
A petition to nullify the extension, however, was filed by Albay 1st District Rep. Edcel C. Lagman, together with “Magnificent 7” members: Akbayan Partylist Tomasito S. Villarin, Ifugao Rep. Teddy B. Baguilat Jr., Caloocan City 2nd District Rep. Edgar R. Erice, Magdalo Rep. Gary C. Alejano, and Liberal Party members Quezon City 6th District Rep. Jose Christopher Y. Belmonte and Dinagat Islands Rep. Arlene J. Bag-ao, claiming that rebellion does not persist in Mindanao and the public safety is not at risk.
Citing the Dec. 6, 2018 letter of President Rodrigo R. Duterte to the Congress, the OSG argued that terrorist groups “continue to defy the government by perpetrating hostile activities during the extended period of martial law.”
The President’s letter mentioned a report by the Armed Forces of the Philippines (AFP) which stated that at least four explosions and least 342 violent incidents ranging from harassment against government installations and arson attacks occurred in 2018.
Moreover, the OSG mentioned a consistent influx of foreign terrorists into the country who are believed to be conducting trainings among local terrorist fighters in making improvised explosive devices and motivating locals to serve as suicide bombers. There are four identified foreign terrorist fighters, with 60 others on the AFP’s watch list, it said.
The ongoing threat of rebel forces, the Abu Sayyaf Group, and remnants of ISIS pose a clear and present danger to national security, hindering efforts towards lasting peace, stability, economic development, and prosperity in Mindanao, the OSG comment read. These rebel groups and their concerted destabilizing activities and actions constitute the very rebellion in Mindanao.
“The President, as commander-in-chief can rely on the intelligence reports, classified documents and other vital information to properly assess the actual conditions on the ground,” the OSG commented. “These facts establish that rebellion persists and public safety requires the extension of martial law in Mindanao.”
The OSG also said that the Congress has the sole prerogative to extend the martial law extension and suspension of writ of habeas corpus.
It disputed the petitioners argument that police and military authorities in Mindanao commit human right violations due to the martial law extension and suspension of writ of habeas corpus, citing the Supreme Court’s February 2018 decision upholding the constitutionality of the second extension of martial law in Mindanao, that the alleged human rights violations should be resolved in a separate proceeding.
The petitioners failed to establish the need for the issuance of temporary restraining order or injunction, the OSG claimed.
The OSG also said that petition “suffers from procedural infirmity” for failure to implead both houses of the Congress which approved the extension.
“Petitioners’ deliberate failure to implead the Congress, thus, deprives the institution of its procedural due process, and any resolution of this case without including the legislative branch of government would result in a patent nullity of the proceedings before this Honorable Court,” it said.

RELATED ARTICLESMORE FROM AUTHOR