Supreme Court Senior Associate Justice Antonio Carpio on Monday said there is nothing illegal in the Duterte administration’s plan to extend martial law in Mindanao.
READ: Solon backs possible ML extension
“As long as the grounds for declaring martial law continue to exist, then you can continue with martial law,” Carpio said in an interview.
“There’s no limit. It can be extended without limit,” he added.
Earlier, Albay Rep. Edcel Lagman questioned the plan, saying a third extension would “unduly and inordinately prolong the regime of martial law in Mindanao.”
But Carpio cited the Supreme Court decision in July 2017 that upheld the constitutionality of the martial law declaration and also the ruling in February 2018 that affirmed the one-year extension until the end of this year.
In upholding Proclamation 216, the Court held that the requisites for the declaration of martial law were present in Mindanao, particularly the existence of a “real and present rebellion” that threatened lives and liberty in Mindanao.
The Court later allowed the one-year extension of proclamation since the bases of martial law still existed, as shown by evidence submitted by the Armed Forces.
At the time, the Court also said it had no power to review the decision of Congress to grant Duterte’s request for a one-year extension.
It said it could only step in once there is a clear showing of arbitrary and improvident use of power by Congress.
It also rejected the argument of petitioners that the extension should have only been limited to 60 days, saying the Constitution does not set a limit to the number of times Congress can extend a martial law declaration by the President.
In both decisions, Carpio dissented from the majority ruling, voting to uphold the legality of martial law declaration but wanting it limited to Marawi only.
Senators appeared divided over the issue.
Senate President Vicente Sotto III said he believes military and police officials were able to present compelling reasons for the Senate to consider the extension of martial law.
READ: Police, AFP cite reasons for ML
“Yes, in my opinion, there is a continuing rebellion, there is actual rebellion going on,” he said. “I cannot go into the details [but] personally, yes, I’m convinced.”
Senate Pro Tempore Ralph Recto said if an extension is granted, it should only be for six months as the present Congress will adjourned in June 2019.
“Let the next Congress decide if they need six more months,” he said.
Sotto said the senators would discuss the issue among themselves before joining Wednesday’s joint session at the House of Representatives.
Minority Leader Franklin Drilon said he is still not convinced that martial law should be extended.
“Under our Constitution, there must be rebellion, insurrection, and public safety requirements. Rebellion is defined by law as an actual uprising designed to remove the allegiance from the government,” Drilon said.
“What I am saying is that I am not convinced and there has been no showing that there is actual armed uprising…I didn’t hear anything that constitutes [an] actual uprising to remove the allegiance from the government or any part thereof,” he added.
Security officials led by Defense Secretary Delfin Lorenzana, AFP chief Gen. Carlito Galvez, and Interior and Local Government Secretary Eduardo Año gave senators a briefing in executive session on Monday.
President Rodrigo Duterte declared martial law in Mindanao shortly after the Islamic State-inspired Maute Group overran Marawi City in May 2017.
Martial law was extended twice: First on July 22, 2017 and again on Dec. 31, 2017.
The Palace asked Congress for an extension of martial law in a letter addressed to Sotto and Speaker Gloria Macapagal Arroyo.
In the letter, Executive Secretary Salvador Medialdea said the third extension of military rule will only last until the end of 2019 and will only cover Mindanao.
Arroyo has expressed the House’s readiness to grant the President’s request for an extension.
Earlier, House Minority Leader Danilo Suarez said the approval of the President’s request was just a matter of formality. With Maricel V. Cruz