Militant lawmakers in the House of Representatives have asked the Supreme Court to declare as unconstitutional the thirda extension of martial law in Mindanao.
In a 39-page petition filed Wednesday, the Makabayan bloc led by Bayan Muna Party-list Rep. Carlos Isagani Zarate prodded the SC to declare the extension of martial law unconstitutional and strike down the Resolution of Both Houses of Congress that approved the request of President Duterte for one-year extension or until December 2019.
The latest petition against the extension of martial law raised similar arguments in the earlier petition filed by opposition lawmakers led by Albay 1st district Rep. Edcel Lagman.
The petitioners argued that there is no factual basis, particularly rebellion and public safety requirement, to continue placing Mindanao under martial law.
Petitioners alleged that martial law is no longer necessary as the government already admitted that Mindanao is now under control.
“The alleged rebellion being staged by the different groups does not endanger public safety as contemplated by the Constitution to justify the imposition of martial law and the suspension of the privilege of the writ of habeas corpus,” they said.
According to them, the President’s letter to Congress specifically “shows the significant progress of government to quell the rebellion in the Mindanao region, that in fact, the government no longer qualifies or categorizes such rebellion as being “•actual.”
“The government claims that it has ‘reduced,’ ‘neutralized,’ ‘dismantled,’ ‘weakened’ the rebels; that it has caused the reduction in the number of atrocities, and that crime incidence has decreased. All these brought about, in 2018, ‘remarkable economic gains in Mindanao.’ If the civilian government was capable of functioning in 2018, then the more reason that it can effectively function in 2019 because of the ‘gains’ reported by President Duterte,” the petition stated.
The petitioners also insisted that the public safety requirement no longer exists in Mindanao to warrant the continuing imposition of martial law.
“Petitioners contend that the civilian government continues to function in all of Mindanao; hence, the public safety requirement of the Constitution for the imposition of martial law has not been fulfilled,” they said.
Besides, the group said the latest martial law extension is unnecessary as the government can already control the rebellion in Mindanao.
Zarate was joined by Reps. Emmy De Jesus of Gabriela partylist, Ariel Casilao of Anakpawis, Antonio Tinio of Act Teachers and Sarah Jane Elago of Kabataan.
The same militant lawmakers had questioned Proclamation 216 and the succeeding one-year extension before the SC. And in both cases, they lost.
The SC is set to hear the case in oral arguments next week.