Metro Manila (CNN Philippines, July 5) — The Supreme Court decision upholding martial law in Mindanao to combat the threat of terrorism may give President Rodrigo Duterte the justification to include his war on drugs, a lawmaker who criticized military rule said Wednesday.
“I think it gives a boost to the President in terms of his authority… now that the Supreme Court has decided that it is in his power and discretion,” said Akbayan party-list representative Tom Villarin.
“The presumption of regularity gives the President high discretion in imposing martial law,” Villarin told CNN Philippines’ The Source.
“I think he would use this declaration also even in his war against drugs,” he added, noting that Duterte has said that terrorism in the southern Philippines was fueled by money from the illegal drug trade. This is the link Duterte might need to expand martial law to the war on drugs, Villarin said.
Villarin was one of the petitioners who questioned before the Supreme Court, the President’s declaration of martial law in Mindanao.
Eleven justices of the high court on Tuesday voted to dismiss the petitions against the declaration of military rule, effectively upholding the President’s decision.
Related: Supreme Court upholds martial law in Mindanao
President Duterte declared martial law in Mindanao on May 23, in response to a crisis in Marawi City after government troops clashed with Islamic State-inspired Maute Group fighters. The conflict has displaced more than 300,000 people.
Military officials have argued that the state of martial law and the suspension of the writ of habeas corpus facilitated the arrest of persons with links to terror groups, such as the parents of the Maute brothers and their financiers.
Villarin said the added that the petitioners may file a motion for reconsideration with the Supreme Court, this time over alleged human rights violations under martial law in Mindanao.
Women’s party-list Gabriela and the Commission on Human Rights (CHR) said they received reports of soldiers threatening Maranao women with rape, which the Armed Forces of the Philippines and Defense Department has vigorously denied. CHR chair Chito Gascon on Tuesday said that they had yet to receive a formal complaint on the alleged abuses.
Asked his thoughts on the possibility of an extension of military rule beyond the 60-day limit imposed by the constitution, Villarin pegged the chances of such a request at “50-50,” noting that it may not reflect well on the President.
“Both the PNP and the AFP said that they may recommend the extension. But again, knowing the President, he needs to have a victory, symbolic or otherwise, against these terrorists,” said Villarin.
“So if he would say that he would continue martial law indefinitely, then I think we’re saying that these terrorists are victorious,” he added.
Villarin also conceded that there were facts that justified the declaration of martial law in Mindanao, Congress should have convened in 48 hours as stipulated by the Constitution.
“Given the factual basis that could be attendant to that situation, it could be that martial law could be justified or necessary. But again, we have a process. There should be legislative concurrence, and there should be discussions with Congress,” he said.
“What we’re saying here is that it was imposed, the justification came later, and dissent to martial law was, in a way, muted,” he added.
Senators on Wednesday said they would consider a request to expand military rule in Mindanao beyond 60 days.
The Supreme Court decision was warmly received by Malacanang Palace and the Solicitor General Jose Calida, who defended the declaration in court.
Related: SC decision on martial law proves existence of rebellion in Mindanao – OSG
Armed Forces Chief-of Staff Eduardo Año also expressed his gratitude to the court, saying he took the decision as a “vote of confidence that we are doing what is right and what is necessary for the restoration of the rule of law, peace and order in the whole island.”
