(CNN Philippines, June 6) — House minority lawmakers on Monday filed a petition before the Supreme Court, challenging the constitutionality of imposing martial law in Mindanao.
The petitioners, led by Albay Rep. Edcel Lagman, said President Rodrigo Duterte’s Proclamation No. 216 — declaring martial law and suspending the privilege of the writ of habeas corpus in the region — is baseless and should be revoked.
READ: House supports martial law in Mindanao
According to the petition, filed under G.R. No. 231658, the facts behind Duterte’s declaration “turned out to be mostly inaccurate.”
Duterte said in his 7-page martial law report to Congress that a hospital in Marawi was overrun by local terror group Maute.
Read: Duterte’s martial law report: Maute wants full control of Mindanao
The report also claimed a police officer was beheaded during the clash and that both the Mindanao State University and Marawi City Hall were occupied.
But all of these were proven false by reports from the Armed Forces and Marawi City Mayor Majul Gandamra.
The petition also claimed the declaration is “flawed” because that the President also acted without recommendation from recommendation from cabinet officials, including Defense Secretary Delfin Lorenzana.
One of the petitioners, Akbayan Party-list Rep. Tom Villarin, said the petition will be filed Monday so the Supreme Court can include it in the en banc session the next day.
Villarin and the other petitioners, Reps. Lagman, Gary Alejano, Emmanuel Billones, Teddy Brawner Baguilat, Jr. and Edgar Erice said the imposition of martial failed to meet the necessary requirements when Congress refused to hold a joint session to discuss it.
“Sa congress, hindi nila sinunod iyong joint session mandate. so in a way. incomplete ang ginagawa sa declaration ng martial law,” Villarin said in an interview Thursday.
[Translation: Congress did not follow the mandate of a joint session, so in a way, the declaration of martial law is incomplete.]
But Solicitor General Jose Calida said in a statement that he is ready to defend Duterte’s proclamation.
Calida said the petitioners are “rabble-rousers” denying the existence of insurgencies in the island.
“Their denial that there is an ongoing rebellion by the combined forces of the Maute group and the Abu Sayyaf, heightened by the participation of foreign jihadists to make Mindanao a caliphate of ISIS, is like saying that the sun does not rise from the east. This is a symptom of psychosis since they are detached from reality,” Calida said.
Calida also refuted the petitioners’ argument that Duterte acted alone in declaring martial law without cabinet recommendation.
Read: Duterte: No one recommended martial law declaration
“Nowhere in the Constitution does it state that the President’s declaration of martial law needs the recommendation or concurrence of the Defense Secretary, or any cabinet official,” Calida said.
CNN Philippines’ Correspondent Joyce Ilas contributed to this report.
