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New proclamation needed if Congress does not extend martial law - Panelo

New proclamation needed if Congress does not extend martial law - Panelo

"A declaration of martial law or suspension of the privilege of the writ has a built-in trigger mechanism for the applicability of other constitutional provisions that may lawfully restrict the enjoyment of constitutional rights, provided there are existing laws specifically authorizing such restrictions", Carpio said.

Sereno, who partially granted the petitions against Proclamation 216, said in her opinion that Duterte should not have been given the sole discretion to proclaim martial law over the entire Philippines, or in areas where he is convinced there is rebellion. "The Court cannot play with the fire of martial law which could turn into ashes the very Constitution that members of the Court are sworn to preserve and defend, a tragic event that that once befell the Court in 1972 and brought the Court to its lowest point in history", he said in his opinion.

According to Presidential Legal Counsel Salvador Panelo, Duterte could declare another martial law if the Congress failed to extend of Proclamation No. 216, should he seek its extension. "It is a risky precedent not much unlike the Martial Law cases jurisprudence of the dictator Marcos Supreme Court", said Atty.

It pointed out that it has no capacity to verify every intelligence data which has become the basis for the proclamation.

"The entirety of Proclamation No. 216 and the Report submitted to Congress suffice to show that there was an armed public uprising, the culpable objective of which was to remove from the allegiance of the Philippine Government a portion of its territory and to deprive the Chief Executive of any of his powers and prerogatives".

DAVAO CITY, Philippines- A multisectoral group here lauded a dissenting Supreme Court Justice and three other SC justices after the High Tribunal upheld the enforcement of Martial Law in Mindanao.

216, Duterte placed the entire Mindanao region under martial law and suspended the privilege of the writ of habeas corpus in the wake of Islamic State (IS)-linked Maute group's attack on May 23 in Marawi City.

Petitioners said that there were information used as basis in the proclamation which, upon verification did not actually happen.

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The court says, it is no longer important whether all the president's bases for the declaration are absolutely correct. To require precision in the President's appreciation of facts would unduly burden him and therefore impede the process of decision making.

Chief Justice Maria Lourdes Sereno and Justice Alfredo Benjamin Caguioa agreed with the declaration but it should be limited to three provinces in Mindanao.

He noted, however, that he respected each of the magistrate's opinions, saying, "Well, I would give due respect to the opinions, the dissenting tulad ng (for example)- questioning the martial law power of the president".

"Martial law is an extraordinary measure necessitating the exercise of extraordinary power".

Only Associate Justice Marvic Leonen voted to grant the petitions and declare the proclamation as invalid for lack of factual basis.

"The Constitution is clear that it is Congress that has the power to extend martial law and the President may only recommend".

In fact, the military's operational directive for the imposition of martial law in Mindanao targets communist rebels, drug syndicates, and other peace spoilers. "They are not acts falling within "rebellion" and can not serve as justification for arrests but are made possible because of a vague and overly broad Proclamation", he said.

"Never again should this Court allow itself to step aside when the powerful invoke vogue powers that feed on fear but could potentially undermine our most cherished rights". That is the way Martial Law works, as we who have been there, done that, know to be all too true.


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