Metro Manila (CNN Philippines, July 4) — Supreme Court justices are set to rule Tuesday on whether President Rodrigo Duterte’s martial law proclamation in Mindanao is valid.
The Supreme Court, through its public information office chief Theodore Te, is set to make the announcement around 1 p.m.
Prior to the announcement, the 15 justices will deliberate first and vote on the constitutionality of Duterte’s signing of Proclamation 216 on May 23 — declaring martial law in the entire region of Mindanao.
The petitioners need at least eight votes to nullify the martial law proclamation in Mindanao.
There are three consolidated petitions questioning the legality of Duterte’s military rule. The heart of their argument rests on the lack of factual basis to declare martial law.
The petitioners, during the three oral arguments held in June, said there is no actual rebellion happening in Marawi City.
Albay 1st District Representative Edcel Lagman, who stood as a counsel for petitioners against the declaration of martial rule before the Supreme Court, said on June 14 acts of terrorism did not necessarily equate to actual rebellion.
“The alleged ‘siege’ of Marawi City is actually an armed resistance by the Maute Group to shield Hapilon from capture, not to overrun Marawi and remove its allegiance from the Republic,” he said.
The President may declare martial law for up to 60 days in cases of invasion of rebellion and when public safety requires it.
Defending the President, Solicitor General Jose Calida on June 15 refuted the argument, pointing out that the crisis in Marawi is part of a bigger plot to establish an Islamic State (ISIS) in Mindanao. He even brought with him a flag of ISIS recovered in Marawi during the oral arguments to drive his point.
“When he (Duterte) saw the gravity of the rebellion, he had to act decisively and swiftly therefore he chose the martial law tool to save Marawi from total capture by the rebels,” Calida said.
Calida added there is sufficient factual basis for the declaration of martial law in Mindanao.
“All elements of rebellion were present. There is actual rebellion (on) the streets of Marawi….The goal is to take over the Philippine territory,” he said.
The justices also held an internal discussion with key martial law players, such as martial law administrator, Defense Secretary Delfin Lorenzana, and martial law implementor, AFP Chief of Staff Gen. Eduardo Año.
Lorenzana on Monday expressed his confidence the Supreme Court will declare the proclamation of military rule in the south as constitutional.
“Very confident that the Supreme Court will rule on the legality of martial law kasi nakita ko naman eh [because I saw it]… I believe we have sufficiently or competently answered all the questions on the basis of martial law,” he said.
The 30-day deadline for the high court to resolve all the petitions will end by Wednesday. If they do not carry out the ruling today, they only have until Wednesday to rule whether President Duterte’s martial law proclamation in Mindanao is valid or not.
Once the decision is out, petitioners and respondents can still file a motion for reconsideration. The court will then decide with finality.
