Family Conversation

(papasok si bimby, while mommy and daady having a conversation) c/o Andrew and Mr. and Mrs.
Pagaduan.

BLAH BLAH BLAH

Bimby: Ma! Nasaan ung remote?

Mommy: Hanapin mo ang… (bigay ung Remote na malaki) Ito oh., ang laki laki ng remote di mo man lang Makita!
Anyia ka met nga ubing ngen!

Bimy: Thanks Mommy, ano pala mapapanood?

Mommy: I on mo ah ta TV! Hay anyia ka met talaga nga ubing ngen!

---(pasok na ung Video na may mga news etc)

--- Anchors introduce themselves

Anchor 1:

Earlier today the SC acknowledged the constitutionality of Proclamation No. 216 declaring Martial Law and
suspension of the privilege of the writ of habeas corpus in the entirety of Mindanao. Along with this, the SC
further tackled the coverage and scope of martial law.

In a press briefing, SC spokesperson Ted Te said: "[T]he Court, voting 10-3-1, denied with finality for
mootness and lack of merit all three Motions for Reconsideration filed by petitioners against the Court's
Decision that upheld the constitutionality of martial law in Mindanao.”

● Insert Ted Te press briefing (vid)

Anchor 2:

Effective May 23, 2017, and for a period not exceeding 60 days, President Rodrigo Roa Duterte issued
Proclamation No. 216 declaring a state of martial law and suspending the privilege of the writ of habeas
corpus in the whole of Mindanao.

● Insert declaration of Duterte (vid)

Anchor 1:

The appearance of Maute group and the threat imposed by them led the President to the declaration of the
Martial Law. Let’s take a look on the first sightings of the Maute group and the reaction of Marawi residents
regarding the outset of the siege through the report of Dorres.

● Insert Dorres’ report #1

● Vid during (no sound)
DORRES: In the beginning, the Maute group’s infiltration in Marawi City, residents we’re still unaware of
the group’s intention. On this video previously taken, it can be seen that despite the early existence of Maute
group in Marawi City, residents were still freely roaming the streets, where one even waved at the maute
members passing by and driving a stolen public hospital’s ambulance where they initially raise a black flag as
a sign of their propaganda.

A survivor from the Marawi siege narrated her harrowing experience and further confirmed that the
Maute members themselves reiterates that Islam should prevail and must be followed and that their own set
of rules should govern, threatens to enforce violence against defiance and freely pointing guns against the
citizens of Marawi. Here is an exclusive footage of a Maute member on what should be done by the residents
of Marawi.

● Vid with sound

DORRES: This is Dorres, reporting.

Anchor 1:

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Anchor 1:

Let’s take a look on the timeline of events which prompted the President to declare Martial law in Mindanao.
Bimby, reporting.

(slide 1) Clashes between the military and local terrorist groups erupted in Marawi City this week,
prompting President Rodrigo Duterte to declare martial law in all of Mindanao.

(slide 2) A joint operation of the Armed Forces of the Philippines and Philippine National Police was
launched in Marawi City to capture terrorist leader Isnilon Hapilon. Hapilon is believed to be the Islamic
State’s (ISIS) leader in Southeast Asia.

(slide 3) Firefight between government troops and the Maute group is heard by residents in Barangay
Malutlut, Marawi City.

(slide 4) A black flag was raised in front of the Amai Pakpak Hospital. The flag bore an ISIS logo.

(slide 5) Senior Supt. Rolly Andaya, deputy regional director of PNP ARMM, confirmed that Dansalan
College and Marawi City Jail were on fire. Andaya did not provide further details whether the buildings
were deliberately torched by Maute members or set ablaze during the encounter.

One of our News team member interviewed Police Supt. Lemuel Gonda, spokesperson of the Police
Regional Office 10, confirmed the clashes in Marawi City.

Let us take a look at the exclusive interview.

(Play Video-- after video-- Last Slide Consolidated ng Pics)
Based on an initial report, one cop was wounded in the firefight. Police visibility in Cagayan de Oro
downtown area heightened following the attack in Marawi City by alleged members of the Maute group.
Police said they will intensify checkpoints in Iligan City and in Talakag, Bukidnon which is a gateway
route to Lanao del Sur to make sure the tension won't escalate. The AFP was in full control of the
situation.
This is Bimmmmmmmmbyyyy! CNN Reporting! Back to Claire!

Anchor 2:

Thank you, Bimby. Due to the lawless violence in Mindanao, the President also issued Proclamation No. 55
declaring a state of emergency in Mindanao which eventually lead to Proclamation No. 216. Let’s hear the
details from Timang.

● Insert Timang’s report #1

 ● Slideshow

TIMANG: In September 4, 2016, before the declaration of martial law in Mindanao, proclamation no 55 was
issued by President Duterte declaring the state of national emergency on account of the lawless violence
Mindanao. Through this proclamation, the president exercised his call out power in view, among others, of
the series of violent acts committed by the Maute terrorist group such as the attack on the military outpost in
Butig, Lanao del Sur in February 2016, killing and wounding several soldiers, and the mass jailbreak in
Marawi City in August 2016, freeing their arrested comrades and other detainees.

Subsequently, in May 23, 2017 the president declared Martial Law together with the suspension of the
privilege of the writ of habeas corpus in the entirety of Mindanao. In particular, the President chronicled in
his Report the events which took place on May 23, 2017 in Marawi City which impelled him to make such
declaration. Based on his Report, the President reckons that the same Maute terrorist group has taken over a
hospital in Marawi City, Lanao del Sur, established several checkpoints within the City thereby causing the
cutting of transportation, interrupted water and power supply, burned down certain government and private
facilities, inflicted casualties on the part of Government forces, and started flying the flag of the Islamic State
of Iraq and Syria (ISIS) in several areas.

Taking these events into consideration, the president further stated that through the siege and acts of violence
by these armed groups, they were able to take over major social, economic and political foundations of
Marawi CIty which led to its paralysis. These activities constitute not simply a display of force, but a clear
attempt to establish a seat in Marawi for the eventual establishment of DAESH or province of Mindanao.

TIMANG, reporting.

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Anchor 1:

Concomitant to the President’s declaration of martial law in Mindanao, issues arose regarding its
constitutionality. Various citizens filed several petitions seeking to nullify Proclamation No. 216 for being
unconstitutional because it lacks sufficient factual basis. They also questioned the validity of broadening the
territorial scope of the proclamation beyond Marawi City.

Anchor 2:

The most notable of these petitions is the one filed by Representative Lagman. Let’s know more of this from
Timang.

TIMANG: There are falsities in President Rodrigo Duterte’s basis for declaring martial law in Mindanao.
This is what Albay Representative Edcel Lagman claims on their group’s petition.

● video interview

TIMANG: aside from these, Lagman also mentioned the erroneous pronouncements by the government
which include the beheading of the Marawi police chief who later on was interviewed by the media, and the
report that a hospital and a school were taken over by the terrorist.

TIMANG, reporting.

Subsequent to the petition of Lagman, Cullamat likewise filed a petition additionally assailing the existence
of rebellion and the vagueness of the terms used. Let’s hear from Eduardo on the details.

● With interview
(Edwardo)

Lastly, the Mohamad petition posits that martial law is a measure of last resort and should be invoked by the
President only after exhaustion of less severe remedies.

Upon this instant, may now have an exclusive statement from a constitutionalist and at the same time, the
representative of the petitioners, Atty. Christian Monsod. Good day Atty, may you please enlighten us on the
contents of the petition Sir?

● With phone interview (MONSOD): Yes, thank you Mr. Refugia. . .

(Last sentence: If not, then Martial Law is not warranted.)

Anchor (Mark) , 15 seconds : So, with that Atty, do you believe that the crisis may have still been addressed
without resorting to the President’s extraordinary powers?

● With phone interview MONSOD #2 continuation

(Last sentence : With this, we have seek to nullify the hasty declaration of the President.)

Anchor #1:

Thank you for your time, Atty. When we come back, we will have an interview with our invited guests and
amicus curiae.

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Anchor #1:

With us tonight to discuss the ruling of the Supreme Court and to further enlighten us on the constitutionality
of the declaration of martial law and the suspension of the privilege of the writ of habeas corpus are Atty. A,
Prof. B and Hon. C.

Neylan:

Good evening and thank you for having us here on (name of news show). To start, we would like to point out
that the several petitions namely the Lagman, Cullamat and Mohamad petitions mentioned a while ago all
pertain to similar issues.

Anchor 1:

And what are these issues, Prof. B?

Neylan:

The two main issues being assailed by the petitions are 1) the constitutionality of the declaration of martial
law and the suspension of the privilege of the writ of habeas corpus in Mindanao and 2) the territorial scope
of the said proclamation.

The petitioners, in questioning the constitutionality of Proclamation No. 216, contend that it lacks sufficient
factual basis. Now the question is: how do we determine if there is sufficient factual basis? As stated by the
Supreme Court in its decision and as provided for under the Constitution, the parameters for determining the
sufficiency of factual basis are as follows: 1) actual rebellion or invasion; 2) public safety requires it; the first
two requirements must concur; and 3) there is probable cause for the President to believe that there is actual
rebellion or invasion.

Anchor 2:

Prob B, you mentioned that there is only a need for probable cause on the part of the President. Can you
elaborate further on that?

Neylan:

In determining the existence of rebellion, the President only needs to convince himself that there is probable
cause or evidence showing that more likely than not a rebellion was committed or is being committed.
Probable cause is the allowable standard of proof for the President.

The President is expected to decide quickly and he cannot risk being too late by ascertaining every little
detail in the intelligence reports relayed to him. Time is of the essence and reasonable and well-grounded
belief on his part on the existence of rebellion is deemed sufficient.

Now, on this note, it would be important to mention that as Commander-in-Chief, the President has the sole
discretion to declare martial law and to suspend the privilege of the writ of habeas corpus. Therefore, the
determination of the Supreme Court as to whether there is sufficient factual basis for the exercise of such
must be based only on facts or information known by or available to the President at the time he made the
declaration or suspension. This is what we refer to as the “sufficiency of factual basis test”. It is the only test
for judicial review of the President’s power to declare martial law and suspend the privilege of the writ of
habeas corpus under Section 18, Article VII of the Constitution.

Anchor 1:

Thank you, Prof. B. We will know more about the reasons and legal basis behind the President’s issuance of
Proclamation No. 216 when we come back.

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Anchor 2:

Tonight, we are joined by esteemed guests and amicus curiae who will further explain the issues behind the
President’s declaration of martial law and suspension of the privilege of the writ of habeas corpus in
Mindanao.Atty. A, as mentioned by Prof. B, there are parameters to be determined for this “sufficiency of
factual basis test”. One of them is the existence of actual rebellion or invasion.

Aubrey:

Yes. An issue we need to tackle head on is whether there exists actual rebellion and invasion in the city of
Marawi, because we are all aware that a legal basis is needed for this Martial Law to occur. Based on our
Philippine Constitution itself, specifically Section 18, Article VII, the parameters for determining the
sufficiency of the factual basis for the declaration of martial law and/or the suspension of the privilege of the
writ of habeas corpus are “ (1) actual invasion or rebellion, and (2) public safety requires the exercise of such
power." Without the concurrence of the two conditions, the President's declaration of martial law and/or
suspension of the privilege of the writ of habeas corpus must be struck down.

Since the Constitution did not define the term "rebellion," it must be understood to have the same meaning as
the crime of "rebellion" in the Revised Penal Code or RPC.

Under Article 134 of the RPC, for rebellion to exist, the following elements must be present:

(l) there is a (a) public uprising and (b) taking arms against the Government; and (2) the purpose of the
uprising or movement is either (a) to remove from the allegiance to the Government or its laws: (i) the
territory of the Philippines or any part thereof; or (ii) any body of land, naval, or other armed forces; or (b) to
deprive the Chief Executive or Congress, wholly or partially, of any of their powers and prerogatives.

Anchor 1:

And are these elements satisfied with regards to the situation in Mindanao?

Aubrey:

Since the President supposedly signed Proclamation No. 216 on May 23, 2017 at 10:00 PM, the Court will
consider only those facts and/or events which were known to or have transpired on or before that time,
consistent with the scope of judicial review. Thus, the following facts and/or events were deemed to have
been considered by the President:

a) the attack on the military outpost in Butig, Lanao del Sur on February 2016, killing and wounding
several soldiers;
b) Mass jailbreak in Marawi City in August 2016 of the arrested comrades of the Maute Group and other
detainees
On May 23, 2017,
a) Takeover of a hospital in Marawi;
b) Establishment of several checkpoints within Marawi;
c) Burning of certain government and private facilities;
d) Mounting casualties on the part of the government;
e) Hoisting the flag of ISIS in several areas; and
f) Capability of the Maute Group and other rebel groups to sow terror, and cause death and damage to
property not only in Lanao del Sur but also in other parts of Mindanao.

The Maute Group is "openly attempting to remove from the allegiance to the Philippine Government this part
of Mindanao and deprive the Chief Executive of his powers and prerogatives to enforce the laws of the land
and to maintain public order and safety in Mindanao, constituting the crime of rebellion. “

Lawless armed groups have taken up arms and committed public uprising against the duly constituted
government and against the people of Mindanao, for the purpose of removing Mindanao - starting with the
City of Marawi, Lanao del Sur - from its allegiance to the Government and its laws and depriving the Chief
Executive of his powers and prerogatives to enforce the laws of the land and to maintain public order and
safety in Mindanao, to the great damage, prejudice, and detriment of the people therein and the nation as a
whole.

Anchor 2:

What about the other requirement under the Constitution that “public safety requires it” where “it”, of course,
refers to the declaration of martial law and the suspension of the writ of the privilege of habeas corpus in the
whole of Mindanao?
Neylan:

As said, for those emergency powers of the President to be valid, there must be a concurrence of actual
rebellion or invasion and the public safety requirement.

The President noted that the acts of violence perpetrated in Mindanao were directed not only against the
government forces or establishments but likewise against civilians and their properties. In addition and in
relation to armed hostilities, bomb threats were issues, road blockages and checkpoints were set up, schools
and churches were burned, civilian hostages were taken and killed, non-Muslims or Christians were targeted,
young male Muslims were forced to join the Maute group, medical services and delivery of basic services
were hampered, reinforcements of government troops and civilian movement were hindered, and the security
of the entire Mindanao Island was compromised.

These particular scenarios convinced that President that the atrocities had already escalated to a level that
risked public safety and thus impelled him to declare martial law and suspend the privilege of the writ of
habeas corpus in the whole of Mindanao.

Anchor 1:

After the break, we will talk more about why Proclamation No. 216 covered not only Marawi City but also
the whole Mindanao region.

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Anchor 2:

A while ago, our amicus curiae have explained and discussed the constitutionality of the President’s
declaration of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao. Hon.
C, aside from its constitutionality, Proclamation No. 216 is also challenged on the ground that the said
proclamation affects the whole of Mindanao and not just Marawi City. Is there a justification in the
broadening of the range and scope of martial law, as declared by the President?

Elmer:

The Supreme Court reverts back to the premise that the discretion to determine the territorial scope lies with
the President. The Constitution grants him the prerogative whether to put the entire Philippines or any part
thereof under the martial law.

There is no constitutional edict that martial law should be confined only in the particular place where the
armed public uprising actually transpired.

Martial law is an urgent measure since at stake is the nation’s territorial sovereignty and survival. As such,
the President has to respond quickly.

Although the President is not required to impose martial law only within the court’s compound because it is
where the public uprising actually transpired, he may do so if he sees fit. At the same time, however, he is not
precluded from expanding the coverage of martial law beyond the Court’s compound. After all, rebellion is
not confined within predetermined bounds.

Marawi lies in the heart of Mindanao. In fact, the Kilometer Zero marker in Mindanao is found in Marawi
City thereby making Marawi City the point of reference of all roads in Mindanao. Thus, there is reasonable
basis to believe that Marawi is only the staging point of the rebellion.

Anchor 1:

When we come back, our guests will discuss other pertinent issues regarding Proclamation No. 216 as raised
by the various petitions filed against it.

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Anchor 1:

We have tackled the constitutionality and validity of the scope of Proclamation No. 216. However, there are
other issues raised by different petitions. For one, the Cullamat petition claims that Proclamation No. 216 is
vague because it failed to identify the “other rebel groups” included in one of its Whereas clauses. However,
the Supreme Court ruled on the contrary. Why is this so?

Atty. A, Prof. B, or Hon. C:

The term “other rebel groups” in Proclamation No. 216 is not at all vague when viewed in the context of the
other words that accompany it. The text of Proclamation No. 216 refers to “other rebel groups” found in
Proclamation No. 55, which it cited by way of reference in its Whereas clauses.

Anchor 2:

Another issue raised particularly by Mohamad is that the President has no discretion to choose which
extraordinary power to use. According to him, the emergency powers of the President should be dispensed
sequentially, first, the power to call out the armed forces; second, the power to suspend the privilege of the
writ of habeas corpus; and finally, the power to declare martial law.

Atty. A, Prof. B, or Hon. C:

Contrary to the claim of Mohamad, the graduation of powers as conferred to the President by the Constitution
refers to hierarchy based on scope and effect. It does not refer to a sequence, order, or arrangement by which
the President, as Commander-in-Chief, must adhere to. The power to choose which among these
extraordinary powers to wield in a given set of conditions is a judgment call on the part of the President.

Anchor 1:

Lastly, the petitions allege that there are inaccuracies, exaggerations, and falsities in the President’s Report
regarding Proclamation No. 216. Do these show that there is lack of sufficient factual basis for the said
proclamation?

Atty. A, Prof. B, or Hon. C:

As mentioned at the start of the discussion, the judicial review granted to the Supreme Court by the
Constitution is only limited to the sufficient factual basis of the declaration of martial law and the suspension
of the privilege of the writ of habeas corpus. It is not concerned about absolute correctness, accuracy, or
precision of the facts but rather on its sufficiency to support these emergency powers.

The maxim falsus in uno, falsus in omnibus (false in one, false in everything) is not applicable since there are
other independent facts, aside from the five alleged false ones, which support the finding that, more likely
than not, rebellion exists and that public safety requires it.

Anchor 2:

Before we end, we would like to thank our guests for tonight, Atty A, Prof B, and Hon. C for imparting their
knowledge and enlightening us about the recent happenings regarding the President’s declaration of martial
law and suspension of the privilege of the writ of habeas corpus in Mindanao.

On behalf of Bimby, Timang and Dorres, I am (insert codename).

Anchor 1:

And I am (insert codename). This is (insert name of news show). Have a pleasant evening, everyone.

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