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ORIGINAL

Republic of the Philippines


SUPREME COURT ,
Manila

I
EUFEMIA CAMPOS CULLAMAT, NOLI
VILLANUEVA, RIUS VALLE, ATTY. NERI
JAVIER COLMENARES, DR. MARIA
CAROLINA P. ARAULLO, RENATO M.
REYES, JR., CRISTINA E. PALABAY,
BAYAN MUNA PARTYLIST
REPRESENTATIVE CARLOS ISAGANI T.
ZARATE, GABRIELA WOMEN'S PARTY
REPRESENTATIVES EMERENCIANA A.
DE JESUS AND ARLENE D. BROSAS,
ANAKPAWIS REPRESENTATIVE ARIEL B.
CASILAO, ACT TEACHERS'
REPRESENTATIVES ANTONIO L. TINIO
AND FRANCISCA L. CASTRO, AND
KABATAAN PARTYLIST
REPRESENTATIVE SARAH JANE I.
ELAGO,
Petitioners,

- versus - G.R. No.

PRESIDENT RODRIGO DUTE RTE,


SENATE PRESIDENT AQUILINO
PIMENTEL Ill, HOUSE SPEAKER
PANTALEON ALVAREZ, EXECUTIVE
SECRETARY SALVADOR MEDIALDEA,
DEFENSE SECRETARY DELFIN
LORENZANA, ARMED FORCES OF THE
PHILIPPINES CHIEF-OF-STAFF GEN. REY
LEONARDO GUERRERO, PHILIPPINE
NATIONAL POLICE DIRECTOR-GENERAL
RONALDO DELA ROSA,
Respondents.
x-----------------------------------------------------------------x
PETITION
WITH URGENT PRAYER FOR THE ISSUANCEOF A
TEMPORARY RESTRAINING ORDER AND/OR WRIT OF
PRELIMINARY INJUNCTION

PETITIONERS, through Counsel, unto this Honorable Court,


most respectfully state:

PREFATORY

A specter is haunting Mindanao - the specter of Martial Law.


The executive and the legislative branches of government have
entered into an unholy alliance to summon this specter: peddling
imagined fears of the persistence of enemies the government had
claimed to have already vanquished , whimsically shifting the
discourse on a decades-old armed struggle rooted in prevailing
poverty and social inequality towards a nebulous narrative of
"terrorism. " None serves as basis for the extension of Martial Law, its
previous declaration a tragedy, its perpetuation a farce.

Nonetheless, whether the extension of Martial Law in


Mindanao is rooted in fear, fancy, or plain and simple malevolence,
its effects on people's rights , lives and liberties are all too
real. Petitioners come before this Honorable Court, armed with the
enduring tenets of the Constitution , to seek the exorcism of this
specter. After all, it is every Filipino's sworn duty to guard against and
oppose any attempt, any threat and any transgression to our vital
freedoms and democracy.

NATURE OF THE PETITION

1. This is a Petition under Section 18, Article VII of the


1987 Constitution which seeks to declare as NULL and VOID the
approval of both Houses of Congress of the extension of martial law
and the suspension of the privilege of the writ of habeas corpus in the
entire Mindanao from 01 January 2018 to 31 December 2018.

2. Petitioners invoke the power of judicial review to


determine the sufficiency of the factual basis for the proclamation of
martial law or the suspension of the privilege of the writ of habeas
corpus (or any extension thereof) under the aforesaid constitutional
provision which states that:

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Article VII EXECUTIVE DEPARTMENT

Section 18. xxx.

xxx.

The Supreme Court may review, in an


appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the
proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the
extension thereof, and must promulgate its
decision thereon within thirty days from its
filing." (Emphasis supplied)

3. Petitioners are all suing in their capacity as citizens


in accordance with the abovementioned provision.

PARTIES

THE PETITIONERS

4. The following Petitioners are all residents from the


Mindanao region:

a. EUFEMIA CAMPOS CULLAMAT, is a


Filipino, of legal age, and a Lumad residing
in Han-Ayan Diatagon, Surigao del Sur.
She is a council member of Maluhutayong
Pakigbisog Alang Sumusunod (MAPASU)
or Continuing Struggle for the Next
Generation with office address at United
Church of Christ in the Philippines (UCCP),
Haran Compound, Fr. Selga St., Madapo
Hills, Davao City;

b. NOLI VILLANUEVA, is a Filipino, of legal


age, and from Compostela Valley. He is the
Chairperson of the Compostela Farmers
Association (CFA) with office address at
United Church of Christ in the Philippines
(UCCP), Haran Compound , Fr. Selga St. ,
Madapo Hills, Davao City;

c. RIUS VALLE, is a Filipino, of legal age,


and the Spokesperson of Save Our

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Schools Network. His office address is at
with office address at United Church of
Christ in the Philippines (UCCP), Haran
Compound , Fr. Selga St., Madapo Hills,
Davao City;

d. REPRESENTATIVE CARLOS ISAGANI T.


ZARATE, was born in Mindanao and
currently resides in Davao City. He is a
Filipino, of legal age, and the incumbent
BAYAN MU NA Representative with office
address at Room N-210 House of
Representatives, Quezon City;

e. REPRESENTATIVE ARIEL B. CASILAO,


was born in Mindanao and currently
resides in Davao City. He is a Filipino, of
legal age, and the incumbent ANAKPAWIS
Partylist Representative with office address
at Room S-608 House of Representatives,
Quezon City;

5. ATTY. NERI JAVIER COLMENARES, is a Filipino,


of legal age, a former lawmaker, a human rights victim during martial
law and currently the Chairperson of the National Union of Peoples'
Lawyers (NUPL). His office address is at the 3/F Erythrina Building,
Maaralin corner Matatag Sts., Central District, Diliman, Quezon City;

6. DR. MARIA CAROLINA P. ARAULLO, Filipino, of


legal age, and chairperson of the Bagong Alyansang Makabayan
(BAYAN) with office address at 4/F Erythrina Building, Maaralin
corner Matatag Sts., Central District, Diliman , Quezon City;

7. RENATO M. REYES, JR., is a Filipino, of legal age,


is the Secretary-General of the Bagong Alyansang Makabayan
(BAYAN) with office address at 4/F Erythrina Building, Maaralin
corner Matatag Sts., Central District, Diliman, Quezon City;

8. CRISTINA E. PALABAY, is a Filipino, of legal age,


is the Secretary-General of KARAPATAN with office address at 2/F
Erythrina Building, Maaralin corner Matatag Sts., Central District,
Diliman, Quezon City;

9. REPRESENTATIVE EMERENCIANA A. DE
JESUS, is a Filipino, of legal age, and the incumbent GABRIELA
WOMEN'S PARTY Representative with office address at Room
SWA-426 House of Representatives, Quezon City;

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10. REPRESENTATIVE ARLENE D. BROSAS, is a
Filipino, of legal age, and the incumbent GABRIELA WOMEN'S
PARTY Representative with address at Room 604 South Building,
House of Representatives, Batasan Hills Quezon City;

11. REPRESENTATIVE ANTONIO L. TINIO, is a


Filipino, of legal age, and the incumbent ACT TEACHERS
PARTYLIST Representative with office address at Room 511 South
Building, House of Representatives, Quezon City;

12. REPRESENTATIVE FRANCISCA L. CASTRO, is a


Filipino, of legal age, and the incumbent ACT TEACHERS
PARTYLIST Representative with office address at Room 611 South
Building , House of Representatives, Quezon City;

13. RERPRESENTATIVE SARAH JANE I. ELAGO, is


a Filipino, of legal age, and the incumbent KABATAAN PARTYLIST
Representative with office address at Room 616 North Building,
House of Representatives, Quezon City.

THE RESPONDENTS

14. PRESIDENT RODRIGO ROA DUTERTE is the


current President of the Philippines. He issued Proclamation No. 216
on May 23, 2017 placing the entire Mindanao region under martial
law and sought its extension before the House of Representatives.
His office address is at the Office of the President, Malacariang
Palace, Manila;

15. SENATOR AQUILINO PIMENTEL Ill is the current


Senate President with office address at Rooms 606-609 & 1 (New
Wing 5/F) GSIS Building , Financial Center, Diokno Blvd., Pasay City;

16. SPEAKER PANTALEON D. ALVAREZ, is the


current Speaker of the House of Representatives, with office address
at Room 217-218 House of Representatives, Quezon City;

17. EXECUTIVE SECRETARY SALVADOR C.


MEDIALDEA is tasked with overseeing the issuance of Proclamation
No. 216 under the authority of President Duterte. His office address is
at Malacariang Palace, Manila;

18. SECRETARY DELFIN LORENZANA is the


Secretary of National Defense also tasked to implement Proclamation
No. 216. His office address is at the Office of the Secretary,
Department of National Defense, Segundo Ave. , Camp General
Emilio Aguinaldo, Quezon City;

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19. GENERAL REY LEONARDO GUERRERO is the
Chief of Staff of the Armed Forces of the Philippines. His office
address is at the Armed Forces of the Philippines, Camp General
Emilio Aguinaldo, EDSA, Quezon City; and

20. CHIEF SUPERINTENDENT RONALDO "BATO"


DELA ROSA is the Director General of the Philippine National Police
tasked to implement Proclamation No. 216. His office address is at
the Philippine National Police, Camp Crame, EDSA corner Boni
Serrano Avenue, Quezon City.

STATEMENT OF RELEVANT FACTS

21. On 23 May 2017, former Palace spokesperson


Ernesto Abella conducted a press conference in Moscow announcing
the declaration of martial law in Mindanao, claiming that fighting has
erupted in Marawi City when state security forces attempted "to serve
a warrant of arrest on lsnilon Hapilon" in Barangay Basak, Marawi
City.

22. President Duterte announced on 24 May 2017 the


issuance of Proclamation No. 216 declaring martial law and
suspending the privilege of the writ of habeas corpus in the entire
Mindanao on the ground of rebellion.

23. Petitioner-Representatives Tinio, Brosas and Elago ,


with the other Makabayan Representatives, filed on 30 May 2017 the
House Joint Resolution No. 13, Joint Resolution To Convene Both
Houses of Congress in Joint Session For the Revocation of
Proclamation No. 216, Series of 2017 (Declaring a state of martial
law and suspending the privilege of the writ of habeas corpus in the
whole of Mindanao) in Accordance with Art. VII , Sec. 18 of the 1987
Constitution.

24. Both Houses of Congress, however, did not


convene in Joint Session and subsequently passed their separate
respective resolutions expressing support for the imposition of Martial
Law in Mindanao. The leaders of both Houses argued that there is
no need to convene a joint session since the action of both Houses
supported the imposition. They claimed that both Houses will hold a
joint session only in instances where they will revoke the imposition of
martial law.

25. Petitions questioning the proclamation were filed


before the Honorable Court, anchored on the ground that there is no
sufficient factual basis for the declaration of martial law in the entire
Mindanao. Some of the Petitioners in this instant case are also

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Petitioners in the Cullamat Petition in Cullamat et. al. vs Duterte et. al.
(G.R. No. 231658).

26. In a Decision dated 04 July 2017, the Honorable


Court upheld the constitutionality of Proclamation 216.

27. On 22 July 2017, Congress approved the extension


of Martial Law in Mindanao to 31 December 2017.

28. On 17 October 2017, President Duterte declared


the liberation of Marawi after a five-month battle with the Maute
Group. During this period, 98% of the population of Marawi or about
353,921 were displaced and up to 205,018 children and adolescents
between the ages of 18 and 19 were affected by the conflict. 1

29. Despite the declaration of the liberation of Marawi


from the Maute Group, President Duterte forwarded a letter dated 08
December 2017, to both Houses of Congress requesting for the
extension of the proclamation of martial law and the suspension of
the Writ of Habeas Corpus citing the grounds thereof. A copy of the
said letter is attached hereto as Annex "A." The letter states:

"On 04 December 2017 I received a letter from


Secretary of National Defense Delfin N. Lorenzana,
as Martial Law Administrator, stating that, "based
on current security assessment made by the
Chief of Staff, Armed Forces of the Philippines,
the undersigned recommends the extension of
Martial Law for another twelve (12) months or
one (1) year beginning January 1, 2018 until
December 31, 2018 covering the whole island of
Mindanao primarily to ensure the total
eradication of DAESH-inspired Da'awatul
lslamiyah Waliyatul Masriq (DIWM), other like-
minded Local/Foreign Terrorist Groups (UFTGs)
and Armed Lawless Groups (ALGs), and the
communist terrorists (CTs) and their coddlers,
supporters, and financiers xxx." xxx."

30. Petitioner lawmakers from the Makabayan block,


strongly opposed the proposed extension and in fact decried the
precipitous process by which the approval was reached.

1
https://reliefweb.1nt/s1tes/reliefweb.int/files/resources/UNICEF%20Ph1l1pp1nes%20Humanitarian%
20SitRep%20Marawi%20City%20November%2010%20-%20FINAL.pdf last accessed on 04
January 201 8.

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31. The opposition to martial law extension is even
stronger outside Congress as 62% of Filipinos opposed the extension
according to a survey. 2

32. Despite all these, both Houses of Congress


approved the extension of Martial law in the entire Mindanao from 01
January 2018 to 31 December 2018.

ISSUE

THE PRIMORDIAL ISSUE IS WHETHER THERE IS SUFFICIENT


FACTUAL BASIS FOR THE ONE-YEAR EXTENSION OF MARTIAL
LAW AND THE SUSPENSION OF THE PRIVILEGE OF THE WRIT
OF HABEAS CORPUS IN THE ENTIRE MINDANAO.

DISCUSSION/ARGUMENTS

I. THERE IS NO SUFFICIENT FACTUAL BASIS THAT WOULD


WARRANT THE EXTENSION OF MARTIAL LAW AND THE
SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS
CORPUS IN MINDANAO FOR ANOTHER 12 MONTHS.

a. The Marawi siege and other grounds


under Proclamation 216 that were used as
the alleged bases to justify the assailed
declaration of martial law and the
suspension of the privilege of the Writ of
Habeas Corpus have already been
resolved and no longer persist, thus there
is with even more reason no sufficient
factual basis for the extension of martial
law or the suspension of the privilege.

33. What is at the core here is Section 18, Article VII of


the 1987 Constitution which provides in part:

Section 18. The President shall be the Commander-


in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless
violence, invasion or rebellion . In case of invasion or
rebellion, when the public safety requires it, he may,

2
http•//newsinfo.inguirer.neU954489/62-oppose-martial-law-extension-in-mindanao-sws last
accessed on 04 January 2018.

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for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the
writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The
Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special
session , may revoke such proclamation or
suspension , which revocation shall not be set aside
by the President. Upon the initiative of the
President, the Congress may, in the same manner,
extend such proclamation or suspension for a
period to be determined by the Congress, if the
invasion or rebellion shall persist and public
safety requires it.

xxx

34. It is clear from this constitutional provision that the


extension of martial law and/or the suspension of the privilege of the
writ of habeas corpus pertains to the original proclamation and
suspension containing the grounds and the factual bases upon which
the President exercised his extraordinary and strongest Commander-
in-Chief powers.

35. It should be stressed that President Duterte


announced on 24 May 2017, the issuance of Proclamation 216
declaring martial law and suspending the privilege of the writ of
habeas corpus in the entire Mindanao on the ground of rebellion by
the Maute Group, alleging the following factual bases:

a. that the government issued


Proclamation No. 55 as a result of the attack
of a military outpost by the Maute Group in
February 2016 in Lanae def Sur and another
attack on a Marawi prison in August 2016 to
free their comrades.

b. That on May 23, 2017, the Maute group:

i. attacked a hospital in Marawi City;


ii. established checkpoints;
iii. burned down government and private
facilities inflicting casualties on government;
and

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1v. started flying the ISIS flag "in several
areas."

and that "this (sic) recent attacks shows (sic) the capability of the
Maute group and other rebel groups to sow terror and cause death
and damage to property not only in Lanao def Sur but in other parts of
Mindanao. "

36. Proclamation 216 used the above acts of the Maute


to prove the existence of rebellion. Assuming arguendo that
Respondents have validly argued in Proclamation 216 that public
safety requires the imposition of martial law, although they
horrendously failed to mention this in said proclamation, these same
grounds no longer constitute factual bases for its extension.

37. During the declaration of the liberation of Marawi


last 17 October 2017, President Duterte announced: "I hereby
declare Marawi City liberated from the terrorist influence that
marks the beginning of the rehabilitation of Marawi. ,,:J

38. On the same day and event, Col. Romeo Brawner,


Deputy Commander of Joint Task Force Ranae was quoted verbatim
as saying, {The) declaration of the liberation of Marawi is a strategic
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statement, meaning it's a message that we want to tell the world, that
tapos na po itong problema ng Maute-ISIS (that the Maute-ISIS
problem is over). They cannot be victorious anymore. Wala na
po, patapos na po. "4

39. The Armed Forces of the Philippines (AFP), through


its Spokesperson Major Gen. Restituto Padilla, in defending that the
declaration of the liberation of Marawi was not premature, confirmed
that the remnants of the Maute group in Marawi are mere stragglers
"that has no bearing in the security of the area."5

40. Hence, by the government's own admission, there


actually exists no factual nor legal basis to support the extension of
martial law and the suspension of the privilege of the writ of habeas
corpus in Mindanao - for a longer period than the original one at
that - considering that the facts constituting the rebellion and threat to
public safety in the assailed original proclamation , have already been
resolved and no longer persist.

3
http://cnnphilippines com/news/2017/10/17/Marawi-liberation-Duterte.html last accessed on 04
January 2018.
4
Id.
5
http·//newsinfo 1ngu1rer neU942686/afp-no-premature=declaration-of-liberation-in-marawi-afp-
marawi-padilla-stragglers last accessed on 04 January 2018.

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41. Even in the letter forwarded by the President to both
Houses of Congress citing the new alleged grounds that would
warrant the extension, assuming without conceding that these are
true, would still not logically and legally justify an extension because
they do not rise to the level of rebellion that constitutes a threat to
public safety as contemplated by the Constitution

42. Being new and different from those relied upon in


Proclamation No. 216, the Honorable Court's ruling affirming the
validity of Proclamation No. 216 cannot be employed to justify the
extension based on the grounds in the 08 December 2017 letter of
Presidente Duterte to Congress.

b. There is no sufficient factual basis to


extend the imposition of martial law and
the suspension of the privilege of the writ
of habeas corpus for the entire Mindanao
because the rebellion relied upon by the
public Respondents does not endanger
public safety as contemplated by the
Constitution.

43. In the 08 December 2017 letter of President Duterte


to the Ph ilippine Congress, citing the report of Respondent ONO
Secretary and Martial Law Administrator Delfin N. Lorenzana,
Respondent Duterte claimed that the request for one year extension
of martial law was "primarily to ensure the total eradication of the
DAESH inspired DIWM, other like minded Local/Foreign terrorist
groups and Armed Lawless Groups, and the communist terrorists
(CTs), and their coddlers, supporters and financiers".

44. Respondent Duterte also cited the following


allegations as factual bases that rebellion exists and that public safety
requires the continued imposition of martial rule and the suspension
of the privilege of the writ of habeas corpus, to wit:

(a) "despite the death of Hapilon and the Maute


brothers, the remnants of their Groups have
continued to rebuild their organization through
the recruitment and training of new members and
fighters to carry on the rebellion; You will please
note that at least 185 persons listed in the Martial
Law Arrest Orders have remained at large and
IN ALL PROBABILITY are presently regrouping

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and consolidating their forces.(underscoring
supplied) '~

(b) "the Turaife Group has likewise been monitored


to be planning to conduct bombings, notably
targeting the Cotabato area. Turaifie is said to
be Hapilon's potential successor as Amir of
DAESH Wilayat in the Philippines and Southeast
Asia·"7I

(c) "the Bangsamoro Islamic Freedom Fighters


(BIFF) continue to defy the government by
perpetrating at least fifteen (15) violent incidents
during the Martial Law period in Maguindanao
and North Cotabato. For this year, the BIFF has
initiated at least eighty-nine (89) violent incidents,
mostly harassments and roadside bombings
against government troops; 118

(d) "the remnants of the Abu Sayyaf Group (ASG) in


Basilan, Sulu, Tawi-Tawi, and Zamboaga
Peninsula remain as a serious security concern.
xxx·'11
I

(e) "the New People 's Army (NPA) took advantage


of the situation and intensified their decades-long
rebellion against the government and stepped up
terrorist acts against innocent civilians and
private entities, as well as guerilla warfare
against the security sector and public
government infrastructure, purposely to seize
political power through violent means and
supplant the country's democratic form of
government with Communist rule. 1110

45. It is plain and simple that the Constitution requires


two concurring requisites for the validity of the imposition of martial
law and the suspension of the privilege of the writ of habeas corpus:
first, the existence of actual rebellion and the second, that public
safety so requires such imposition or suspension. Are these
requisites present in this case?

46. The answer is in the negative

6
Page 2, Annex •A,• hereof.
7
Page 3, id.
8 Id.
9
Id.
10
Page 4, id.

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47. To reiterate, at the risk of being repetitious, the
alleged rebellion , being staged by these groups named in the 08
December 2017 letter of President Duterte, citing the report of the
ONO Secretary, does not endanger public safety as contemplated
by the Constitution to justify the imposition of martial law and the
suspension of the privilege the writ.

48. First, actual rebellion as contemplated under the


1987 Constitution as one of the requirements for the justified and
valid imposition of martial law, is different from the general definition
and concept of rebellion under Article 134 of the Revised Penal Code
as the former qualifies the same to include the necessity of public
safety.

49. Petitioners refer to the general definition of rebellion


under Article 134 of the Revised Penal Code, to wit:

Art. 134. Rebellion or insurrection; How committed.


- The crime of rebellion or insurrection is committed
by rising publicly and taking arms against the
Government for the purpose of removing from the
allegiance to said Government or its laws, the
territory of the Philippine Islands or any part thereof,
of any body of land, naval or other armed forces,
depriving the Chief Executive or the Legislature,
wholly or partially, of any of their powers or
prerogatives.

50. The Honorable Court, already clarified in the


Mindanao Martial Law Petitions that the President's exercise of the
graduation of powers refers to the hierarchy based on scope and
effect, from the most benign to the least benign , to wit: the calling out
power, the power to suspend the privilege of the writ of habeas
corpus, and the power to declare martial law. 11

51 . Being the least benign of all of the President's


extraordinary Commander-in-Chief powers, martial law should be
imposed with extreme caution, as a last resort and only within the
constitutional safeguards found in Section 18, Article VII of the 1987
Constitution. These safeguards were borne out of the experience of
the Filipino people who lost life, liberty and dignity during the dark
years of martial law under the Marcos dictatorship. In this
connection , it is once again instructive to remember that:

11
See Note 3.

13
The Commander-in-Chief provisions of the 1935
Constitution had enabled President Ferdinand
Marcos to impose authoritarian rule on the
Philippines from 1972 to 1986. Supreme Court
decisions during that period upholding the
actions taken by Mr. Marcos made authoritarian
rule part of Philippine constitutional
jurisprudence. The members of the
Constitutional Commission, very much aware of
these facts, went about reformulating the
Commander-in-Chief powers with a view to
dismantling what had been constructed during
the authoritarian years. The new formula
included revised grounds for the activation of
emergency powers, the manner of activating
them, the scope of the powers, and review of
presidential action. 12

52. Given the foregoing , it is logical and reasonable to


conclude that for the purpose of imposing martial law, the Revised
Penal Code definition, concept and its constitutive elements are not
sufficient by themselves to warrant the imposition of martial law or
the suspension of the privi lege of the writ of habeas corpus.

53. Because, second, it is the indispensable


requirement of public safety that qualifies the existence of actual
rebellion that would justify the imposition of martial law.

54. The public safety requirement that qualifies actual


rebellion is not the generic definition that simply means threat to the
safety of the public. It is Petitioners' strong assertion that in
employing it as a ground to impose martial law or suspend the
privilege of the writ of habeas corpus, the threat to public safety must
have risen to a level that government cannot sufficiently or
effectively govern, as exemplified by the closure of courts or
government offices, or at least the extreme difficulty of the
courts, the local government and other government services to
perform their functions.

55. Such constitutional definition was reflected in


Proclamation 1959 issued by President Gloria Arroyo in 2009
declaring martial law in Maguindanao:

12
Bernas. The Intent of the 1986 Constitution Writers. 1995 ed .. p. 456.

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a) Proclamation 1959 first alleged the factual
basis of rebellion , thus "Whereas, heavily armed
groups in the province of Maguindanao have
established positions to resist government troops
thereby depriving the Executive of its powers and
prerogatives to enforce the laws of the land to
maintain public order and safety.

b) Proclamation 1959 then alleged the factual


basis of the public safety requirement thus,
"Whereas, the condition of peace and order in the
province of Maguindanao has deteriorated to the
extent that local judicial system and other
government mechanisms in the province are not
functioning; thus. endangering public safety".

56. This is a logical conclusion based on the fact that


martial law is essentially military rule: the military is called in because
civilian authority can no longer function and is already substantially
impaired. This conclusion finds support in the minutes of the
deliberations of the 1987 Constitution where a key 1986
Constitutional Commission member and constitutional law authority
was quoted as saying:

FR. BERNAS. This phrase was precisely put here


because we have clarified the meaning of martial
law; meaning, limiting it to martial law as it has
existed in the jurisprudence in international law,
that it is a law for the theater of war. In a theater
of war, civil courts are unable to function. If in
the actual theater of war civil courts, in fact, are
unable to function, then the military commander
is authorized to give jurisdiction even over
civilians to military courts precisely because the
civil courts are closed in that area. But in the
general area where the civil courts are open
then in no case can the military courts be given
jurisdiction over civilians. This is in reference to
a theater of war where the civil courts, in fact,
are unable to function.

57. Hence, the Honorable Court, in the Mindanao


Martial Law Petitions, mentioned public safety and enunciated it in
this wise:

15
A state of martial law is peculiar because the
President, at such a time, exercises police power,
which is normally a function of the Legislature. In
particular, the President exercises police power,
with the military's assistance, to ensure public
safety and in place of government agencies,
which for the time being, are unable to cope with
the condition in a locality, which remains under
the control of the State. 13
58. The question now therefore is, in the instant case,
does the actual rebellion being perpetrated by the armed groups
enumerated in the 08 December 2017 letter of President Duterte to
the House of Representatives and the Senate, compromise public
safety that would warrant the imposition of martial law?

59. Again , the answer is in the negative.

60. Martial law not only requires actual rebellion but that
public safety requires its imposition. Imposing martial law to
"primarily ensure the total eradication of the rebels", absent these
requisites, falls short and violates, nay mocks, the letter and intent of
the Constitution.

61 . The government's justification that public safety


requires the extension of martial law in order to "more importantly,
enable the government and the peoples of Mindanao to pursue the
bigger task of rehabilitation and the promotion of a stable socio-
economic growth and development" only exposes the absence of
factual basis for the extension.

62. In fact, a perusal of the President's Letter to


Congress would show that the grounds used by Respondents to
justify the extension of Proclamation is grasping at straws and may
not even be used to justify the exercise of the President's calling out
powers, much less martial law powers:

a) The December 8 Letter's allegation of the rebels'


efforts to "rebuild their organization through
recruitment and training of new members and
fighters to carry on the rebellion" cannot be the
factual basis for martial law nor its extension,
otherwise, the Philippines will be under martial
law 24-7 as it is not unexpected of rebels to try to
regroup and rebuild their organization .

13
Page 34. Decision.

16
b) The claim that "the Turaife Group has likewise
been monitored to be planning to conduct
bombings" cannot be the factual basis for martial
law, otherwise, the Philippines will be under
martial law 24-7 as it is not unexpected of rebels
to plan to conduct bombings.

c) The claim that "the Bangsamoro Islamic


Freedom Fighters (BIFF) continue to defy the
government" cannot be the factual basis for
martial law, otherwise, the Philippines will be
under martial law 24-7 as it is natural for rebels
to defy the government.

63. Additionally, official government pronouncements


themselves negate Public Respondents' grounds for the continued
imposition of martial law in entire Mindanao.

64. In a statement made by then Presidential


Spokesperson Ernesto Abella, he dismissed the attacks being
perpetrated by the Bangsamoro Islamic Freedom Fighters (BIFF) in
North Cotabato last June 2017 as a mere "attempt to recover from
more than two weeks of setbacks from ongoing operations of the
Army's ffh Infantry Division. "14

65. Similarly, while the military is of course on guard


against these attacks by the BIFF, Captain Arvin Encinas, the public
affairs chief of the 6 th Infantry Division of the Philippine Army admitted
that they "doubt the capability of the BIFF to proceed to areas far
from Central Mindanao to sow terror xxx. "15

66. AFP Spokesperson Brig. Gen. Restituto Padilla


likewise declared last May 2017 that the Abu Sayyaf Group (ASG)'s
strength was already reduced in half numbering to about 500, more
or less. Padilla attributed this reduction to relentless military
operations saying that, "Nahihirapan na silang makipagsagupaan
dahil nauubos na ang kanilang supply, kanilang mga bala, at ang
kanilang suporta sa mga kababayan natin. Hindi na nalalayo ang
pagbagsak ng grupong ito. " 16 In its latest report, Lt. Gen. Carlito
Galvez, Jr. , the head of the Western Mindanao Command, the

14
http://www.philstar.com/headlines/2017106/24/1713103/b1ff-attack-not-connected-marawi-
siege-palace-military last accessed on 04 January 201 8.
15 Id.
16
http·/fwww gmanetwork com/news/news/nat1on/610704/abu-sawaf-strength-reduced-t0=half-
afp-spokesman-pad1lla/story/ last accessed on 04 January 2018.

17
number had been reduced to 300 ASG fighters as of November
2017. 17

67. Using the decades-old pre-existing armed struggle


of the CPP-NPA-NDF to justify martial law's extension does not cure
the fatal flaw of the absence of sufficient factual basis especially
since this protracted armed conflict was not a ground in the original
Proclamation 216. In fact, President Duterte, after declaring martial
law, asked the CPP-NPA-NDF to join government efforts at battling
18
the Maute as exemplified by the following media report:

MANILA -- President Rodrigo Duterte has appealed


to Muslim separatists and Maoist-led rebels to join
his government's fight against Islamic State-linked
militants.><><><

During a visit on Saturday to an army base on Joto


island, where government forces are fighting
another lslamist group, the Abu Sayyaf, Duterte
said he would treat communist and separatist
guerrillas the same as government troops if they
join his fight.

"I will hire you as soldiers - same pay, same


privileges, and I will build houses for you in some
areas, " Duterte said, according to a video of his
speech made available on Sunday. >< >< ><

Duterte's offer to the Maoists comes after his


government cancelled the latest round of peace
talks with the NPA 's political arm, accusing the
rebels of planning more attacks.

68. While the armed struggle waged by the New


People's Army (NPA) is unique and distinct, the Philippine communist
rebellion being the longest-running in all of Asia and the rest of the
world, and despite Respondents' claim that the NPA has launched
intensified offensives against government forces, these do not
constitutionally amount to a higher quantum of threat to public safety
as of the moment to justify the need for the extension of martial law
and the suspension of the privilege of the writ of habeas corpus in the
whole of Mindanao.

17
http://www.philstar com/nation/2017/11 /21/1761101 /military-pushes-back-deadline-vs-abu-
ft vvaf last access 04 January 2017.
http: //news. abs-cbn. com/news/05/28/17/duterte-asks-separatists-maoi sts-to-join-fight-aga1nst-
maute=0rou p

18
69. In fact, civilian government or authority in Mindanao
exists and is functioning. The 08 December 2017 letter of President
Duterte requesting the one year extension of martial law did not cite
any place where local courts or civilian authorities can no longer
function or where their functions are substantially impaired because
of the armed activities of the CPP-NPA.

70. No less than President Duterte himself belittled the


capacity of the CPP-NPA in substantially impairing the functioning of
or supplanting the civilian government or authority as he said "even if
we have to fight each other for another one hundred years, they
cannot occupy and control one baranga{. They cannot even capture
one barangay, that's the truth," he said. 1

71. The National Security Policy 2017-2022, approved


by President Duterte in April 2017 claimed that the CPP-NPA from a
peak of 26,000 in 1980s has been reduced to 4,000; to wit: "The
communist rebellion being waged by, continues to pose serious
peace and order problem in the country ... While the NPA is believed
to have fewer than 4, 000 soldiers now, down from a peak of 26,000 in
the 1980s, it retains support among the extremently poor in the rural
Philippines. "20

72. There is no sufficient factual basis to impose martial


law and suspend the privilege of the writ of habeas corpus to quell
the CPP-NPA rebellion if we are to believe the claim of the AFP and
the government that the armed strength of CPP-NPA has declined
from a peak of 26,000 in 1980s to 4,000 sans martial law and the said
writ suspension. According to the government itself, the CPP-NPA
rebellion had not significantly impaired the functioning of civilian
courts and local governments and authorities; hence said rebellion
does not warrant the imposition of martial law as the constitutional
standard of public safety is not met.

II. TO EXTEND MARTIAL LAW AND THE SUSPENSION OF THE


PRIVILEGE OF THE WRIT OF HABEAS CORPUS IS
UNAWARRANTED AND UNJUSTIFIED AS THIS WOULD EXTEND
THE ALARMINGLY INTENSIFIED AND INCREASED HUMAN
RIGHTS VIOLATIONS AND IS AIMED AT QUELLING LEGITIMATE
REDRESS OF GRIEVANCES AGAINST THE GOVERNMENT

19
(http://www.philstar.com/headlines/2017/12/17/176911 O/militarv-anticipating-stepped-npa-
attacks) last accessed on 05 January 2018.
20
(http://www.nsc.gov. ph/attachments/article/NSP/NSP-2017 -2022.pdf)

19
73. Respondents have until now failed to answer a very
important question: what specific martial law powers does
government need to quell the supposed armed rebels they wish to
"completely eradicate".

74. The absence of martial law has not previously


restrained the AFP from bombing, killing or arresting the Maute, BIFF
and other armed groups. The government has waged a relentless
war against the CPP-NPA-NDF for decades now without need of
martial law.

75. During the Zamboanga siege in 2014, the AFP set


up massive checkpoints, conducted aerial bombings, used tanks in
house to house combat, and used mortars against MNLF positions in
the city all without the benefit of martial law.

76. Petitioners assert that martial law is not intended for


these armed groups but actually against those who legitimately
dissent or oppose government's repressive policies and draconian
actions in violation of the right to assembly, expression , association,
redress of grievances and other constitutional rights, as the
opposition , activists and media experienced when the dictator Marcos
imposed martial law in 1972, an evident fact of which this Honorable
Court has not only taken judicial notice but has clearly established in
a line of decided cases.

77. President Duterte has, without citing any basis,


asserted that the opposition and the "left" are conspiring to overthrow
him. The Duterte administration has used, and will use, its martial law
powers against dissenters by using the Marcosian martial law tactic
of linking dissenters with the communists and the terrorists.

78. President Duterte has by and large shown a paucity


of tolerance for dissent and has publicly attacked institutions such as
the Church , the Ombudsman , the Commission on Human Rights and
even the media as well as Petitioners from people's organizations like
BAYAN and Piston for criticizing his anti-drug campaign, human
rights record and other anti-people policies.

79. He public mentioned BAYAN, Karapatan, Tindig


Pilipino and KMU, for example, without citing any evidence
except that they are "in conspiracy with the rebellion going on"
and threatened Piston merely

20
because it opposed his jeepney phaseout policy. President
Duterte's attacks are well-documented in legitimate news sources:

• "President Rodrigo Duterte calls some of


the militant groups in the country as legal fronts
21
of the Communist Party of the Philippines. "

Among the groups the President named are Piston,


Karapatan, Tindig Pilipino and Kilusang Mayo
Uno. The President also accused the groups of
being rebels for supporting the enemies of the state.

Mr. Outerte cited Piston as an example. saying it


poisons the minds of the people by opposing the
Jeepney Modernization Program and even held a
transport strike to cause inconvenience to the
public.

The Chief Executive said the militants should not


expect their aim of establishing a communist
government, to happen. "We know you are one with
the NPA. You are one great conspiracy. All of you
are really committing rebellion right now," he said.

• Inquirer report on arrest of legal fronts: 22

FORT MA GSA YSA Y, Nueva Ecija - President Rodrigo


Duterte on Wednesday said he would order the arrest not
only of the communist rebels but "all legal fronts" aiding
the Left.

"We will treat you as criminals; we will arrest you.


including legal fronts. IThel legal fronts helping to topple
government and sow terror. " Duterte said in a speech
before the troops here.

The President had earlier said he would declare the New


People 's Army (NPA) as terrorists, adding that he would
no longer want to pursue peace talks with the
communists.
21
https.//www.untvweb.com/news/prrd-taqs-militant-qroups-cpps-legal-fronts/ last accessed on
07 January 2018.
22
http://newsinfo.i ng ui rer net/946945/duterte-npa-new-peopl es-army-communist-rebels-left-
arre st-legal-front last accessed on 07 January 2018.

21
80. In fact, human rights violations intensified and
escalated when President Duterte imposed martial law and
suspended the privilege of the writ of habeas corpus. Petitioner
lawmaker Kabataan Partylist Representative Sarah Jane Elago
submitted a report to President Duterte about human rights violations
as a consequence of martial law in Mindanao. She enumerated,
among others, 68 victims of political killings, 842 victims of illegal
arrests, 416,000 displaced individuals and 357,659 victims of
indiscriminate gunfire and airstrikes. 23 These did not even include
properties devastated to the ground during the battle in Marawi.
There are also documented cases of threats, harassment and
intimidation in evacuation centers. 24

81. In a report prepared by Kalinaw Mindanaw, during


the International Interfaith Humanitarian Mission, they cited the
following abuses , among others:

a. The arrest of Lala Arafat, a mechanic who


became a leader of a group of evacuees in
Lanao del Sur. After volunteering to help a man
fix his motorcycle, he was arrested by the police
after accusing him of fixin~ a motorcycle
belonging to a Maute member. 2

b. The killing of Ramos Malik, a mentally disabled


person who was helping his family financially by
collecting scraps and selling them. He was
found dead after being seen in a video being
apprehended by the military. 26

c. The arrest, detention and torture of a 36-year old


man and his two sons, who, after seeking shelter
at an evacuation center, were picked up by the
military and were forced to admit that they were
members of the ISIS after having been heavily
tortured by the military. 27

82. The Lumad community may have suffered some of


the biggest blows before and most especially during martial rule in
Mindanao. Militarization continues to displace many of them.
President Duterte himself threatened the Lumad during a press
23
http://newsinfo.inquirer.net/916197/makabayan-flags-rights-violations-under-martial-law-in-
mindanao last accessed on 05 January 2018.
24
Breaking the Silence: Report of the National Interfaith Humanitarian Mission 2, Page 15.
25 Id.
26
Id.
27 Id.

22
briefing after his State of the Nation Address last July 2017. In a
wanton and blatant violation of international human rights and
humanitarian law, the AFP imposed food blockade and denied the
entry of relief goods in evacuation centers in Lianga , Surigao del Sur.
The evacuation center provides shelter to indigenous people
belonging to the Lumad community who are continuously displaced
by the ongoing military presence and operations in their communities.

83. To extend the imposition of martial law and the


suspension of the privilege of the writ of habeas corpus is not merely
a dangerous precedent but is an actual threat to the rights and
liberties of the Filipino people. First, it would result to increasing
human rights violations and second , pronouncements made by the
President and the military have made it expressly clear that the target
of martial law are not only members of these armed groups but also
critics of the regime.

84. The President's letter to both Houses of Congress


shows the underlying intent in the imposition of martial law and the
suspension of the privilege of the writ of habeas corpus: it is not only
aimed against armed rebel groups but also against civilians who are
critical of the present government. It is of judicial notice that President
Duterte has of late publicly threatened so-called "legal fronts" of the
CPP-NPA which are actually legal and legitimate mass-based
organizations with long and consistent track records of social
advocacy and human rights defense that maximize all legal and
legitimate platforms including serious petitions periodically and
promptly filed before this Honorable Court on matters of public
interest and welfare.

85. Given such presidential pronouncements, there is


reasonable ground to believe and fear that these progressive
organizations may be, wittingly or unwittingly, as they in fact have
been , identified, associated or implicated under the nebulous rubric of
"supporters, coddlers or financiers" of the armed groups cited in the 8
December 2017 letter of Respondent Duterte. It is in this context that
the nexus between the extension of martial law and the suspension of
the privilege vis-a-vis attacks on unarmed civilians must be
appreciated.

86. Thus, the Secretary of National Defense, in its letter


dated 04 December 2017, did not bat an eyelash when he
recommended the extension of martial law

to ensure the total eradication of DAESH-inspired


Da'awatul lslamiyah Waliyatul Masriq (DIWM), other
like-minded Local/Foreign Terrorist Groups

23
(UFTGs) and Armed Lawless Groups (ALGs), and
the communist terrorists (CTs) and their coddlers,
supporters, and financiers xxx." xxx. "

87. In this connection, Petitioners cite the recent report


of human rights group Karapatan on human rights violations against
ordinary activists and civilians:
• March 23, 2017 - Araw ng pagdeklara ng
Martial Law sa Mindanao, pinatay ng 6 na
suspected state agents ng 71st IBPA si Pedroa
Pandagay sa Sitio Biao, Brgy Anitapan, Mabili,
Campostela Valley

• March 24, 2017 - Ramos Malik guned down


by the AFP in Brgy Cameri, Lanao de/ Sur

• March 26, 2017 - Virgilio Balungag was


gunned down by 3 suspected state agents in Purok
8-A, North Poblacion, Don Carlos, Bukidnon

• April 2, 2017 - Danilo Nadal was killed by 2


unnamed soldiers from the 46th IBPA in Purok 2,
Barangay Tibagun, Pantukn, Campostela Valey

• April 6, 2017 - Soldiers from the 60th IBPA


killed ELias Pureza in Purok Palmera, Brgy
Mamangan, San Isidro, Davao Oriental

• April 8, 2017 - Bernardo Ripdos was gunned


down by 5 unnamed soldiers of the 46th and 71st
IBPA in Purok 1, Brgy Sangab, Maco, Campostela
Valley

• April 23, 2017 - San Fernando Bombing by


the Philippine Airforce, 30 soldiers of the 60th IBPA.
Apektado ang 19 families sa Sitio Salumpikit, Brgy.
Bunacao, San Fernando, Bukidnon

• May 3, 2017 - Federico Plaza was killed by 2


unnamed agents of the 66th IBPA in Brgy.
Poblacion, Maragusan, Campostela Valley

• May 9, 2017 - Soldiers of the 3rd IB Task


Force Harribon under the 7th infantry division bomb
Barangay Dominga, Calinan District, Davao City,
affecting 251 families or 1014 residents. On the

24
same day, Rodolfo Jr Dagahuya was killed by the
same state agents

• May 27, 2017 - Suspected element of 67th


IBPA killed Ana Marie Aumada in Brgy Lucod,
Bagana, Davao Oriental

• May 31, 2017 - Soldiers of the 46th IBPA


killed Jessie Cabeza in Brgy Mascareg, Mabini,
Campostela Valley

• June 1, 2017 - Napilitang mag-bakwit


(evacuate) ang 105 residente ng Sitio Salumpikit,
Brgy. Bunacao, San Fernando, Bukidnon, dahil sa
pagkakampo ng 60th IBPA

• June 9, 2017 - 1,014 residents of BRGY


Dominga, Calinan District, Davao City forcibly
evacuated due to the presence of the 3rd IB Task
Force Harribon under the 7th ID

• June 10, 2017 - Forced evacuation of 1,820


residents of Sitios Nges, Luyong, Kubo, Sakugan,
Tinagdanan due to militarization brought by 12
soldiers of Marine Battalion Landing Team 2 and 50
DMCI Consunji Guards

• June 23, 2017 - Forced evacuation of 1000


residents of Pres. Roxas, North Cotabato and
Damulog, Bukidnon due to presence of 240 soldiers
of the 39th IBPA

• June 25, 2017 - Bombing of Pres Roxas,


North Cotabato

• June 25, 2017 - Forced evacuation of more


than 1, 000 residents of Sitio Datalfitao, Brgy.
Colonsabac, Matano, Davao Del Sur due to the
presence of the 73rd IB and 39th IBPA

• July 1, 2017 - Purok 4, Tagbawi and sitio


lnuburan, Barangay Rial, Monkayo, Campotela
Valley was bombed by the 25th IBPA, Phil. Airforce,
affecting 40 families

• July 4, 2017 - dahil sa pagkakampo ng 60


sundalo ng 75th IBPA, 36th IBPA at 16th SFB ay

25
napilitang lumikas ang mga residente ng Brgys.
Han-yan, Mike, Km. 16, Km. 14, Man/uy-a,
Kabuluhan, Panukmoan, Km. 15, Decoy, Llanga,
Surigao def Sur. Napilitang lumikas ang residente
ng Brgys. Han-yan, Mike, Km. 16, Km. 14, Man/uy-
a, Kabuluhan, Panukmoan, Km. 15, Decoy, Llanga,
Surigao def Sur

• July 6, 2017 - 5 members of the Alamara


paramilitary group under leadership of Sammy
Diwangan killed Ande Latuan in Cadanglasan,
Bukidnon

• July 10, 2017 - riding in tandem suspected


state agents gunned down Meliton Villagorda
Catampungan in Brgy. Ouano, Alegris, Surigao Del
Norte

• July 12, 2017 - Remond Tinoy Lino killed by


"Certain Jr. Bahaw, Certain Jemuel Masayang,
Certain Domingo Salimaco, Baltazar Tinoy Lino in
Sitio Maagad, Brgy Kidawa, Laak, Campostela
Valley

• July 13, 2017 - persons believed to be from


the 67th IBPA killed Carolina Arado in Purok
Masagana 5, Kidaraan Brgy Anitapan, Mabini
Campostela Valley

• July 16, 2017 - suspected 2nd Special Forces


Battalion gunned down Silvestre MAratas in Brgy.
Magroyong, San Miguel, Surigao de/ Sur

• August 4, 2017 - Napilitang mag-bakwit ang


218 residente ng Purok 8, Brgy Zillovia, Talacogon
dahil sa pagkakampo ng mga sundalo ng 26th IBPA

• August 12, 2017 - 2 unnamed suspected state


agents from 46th IBPA killed Eddie Alyawan in Brgy.
Pindasan, Mabini, Campostela Valey

• August 23, 2017 - Roger "Tiling" Timboco was


gunned down by suspected agents of the 71st IBPA
in Mawab, Campostela Valley

26
• September 5, 2017 - a CAFGU named Ben
Salangani of Sitio barobo killed Obello Bay-ao in
Sitio Dulyan, Talangod, Davao de/ norte

• September 12, 2017 - dahil sa 300 soldiers of


the 29th IB, Phil. Army, lumikas ang 122 pamilyal
674 residente kasama ang mga bata mu/a sa Brgy.
Anticala, Butuan City

• September 20, 2017 - Magpet Bombing.


Bombing of Purok 1, Sitio Kimampang, Sitio Ranzo,
Purok 2, Brgy Balite, Magpet, North Cotabato
affecting ang forced evacuation of 4 families (24
residents including children) from Purok 2, Brgy
Balite; 17 families (102 residents including children)
from Sitio Ranzo, Brgy Balite; 20 families (120
residents including children) from Sitio Kimampang,
Brgy Balite; 41 families (246 residents including
children) from Purok 1, Brgy Balite; Jessie Delgado
Mabuti and Joseph Ma/ones Esparagosa I
Perpetrators: unnamed soldiers of 39th Infantry
Battalion, Philippine Army, Philippine Airforce

• September 28, 2017 - Reneboy Magayano


gunned by 2 military agents fo the 66th IBPA in
Maragusan Public Market, Maragusan Campostela
Valley

• October 28, 2017 - Arne/ Otacan, EJK victim


in Brgy Cabasagan, Boston, Davao Oriental.
Pepetrator: 67th IBPA

• November 16, 2017 - Binaril ng mga elemento


ng 29th IB ng Phil. Army si Perfecto "Boy" Hoyle, sa
Purok-4, Barangay Canaway, Kitcharao, Agusan
Del Norte

• November 23, 2017 - Binaril ng hinihinalaang


state agent si Vivencio Sahay sa Brgy. Mahaba,
Cabadbaran City, Agusan Del Norte

• November 25, 2017 - 2 riding in tandem and 4


look outs gunned down Apolonia Maranan in DDF
Village, Brgy Mandug, Duhangin District, Davao
City, Davao Del Sur

27
• November 26, 2017 - 12 Lumad communities
in Lianga and Brgy. Buhisan, San Aguistin, Surigao
Del Sur, ang napilitang lumikas dahil sa pagkukuta
ng 75th 18 ng Phil. Army sa kanilang communities.
538 TRIFPSS students, 12 families (55 individuals
including children) from Sitio Km 14, 60 teachers of
ALCADEV and TRIFPSS from Lianga, 47 families
(217 individuals including children) from Sitio Km 9,
35 families (135 individuals including children) from
Sitio Emerald, 37 families (146 individuals including
children) from Sitio Han-ayan, 47 families (181
individuals including children) from Sitio Km 16, 15
families (85 individuals including children) from Sitio
Mike, 30 families (190 individuals including children)
from Sitio Old Kabulohan, 13 families (64 individuals
including children) from Sitio New Kabulohan, 168
ALCADEV Students, 8 families (29 individuals
including children) from Sitio Yadawan

• November 29, 2017 - 13 armed security


guards and two suspected goons of Filipinas Palm
Oil Plantaton Inc gunned down Lando Moreno in
Brgy. Maligaya, Rosario, Agusan Del Sur

88. Historical and contemporary experience indubitably


prove that the monster of Martial law has targeted and will target
civilians who have no participation at all in any armed uprising or
struggle. The inclusion of alleged "coddlers," "supporters," and
"financiers" opens the floodgates to further attacks against just about
anybody. The vagueness and ambiguity of said pronouncement
sends a chilling effect that violates the people's right to exercise vital
freedoms and liberties.

89. It is this factual context and concrete situation that


the constitutional and bounden duty, not only of the whole Court as
an institution but also for each and every individual honorable
member of this Court, to exercise judicial review to check on abuse of
power, protect and defend freedoms and liberties, and breathe life,
guidance and inspiration to its role as a supposed last bastion of
democracy instead of allowing it to be an empty shibboleth to the
delight and pleasure of fleeting tyrants of any time.

Ill. THE TWO HOUSES OF CONGRESS COMMITTED GRAVE


ABUSE OF DISCRETION IN ALLOWING THE EXTENSION OF
MARTIAL LAW AND THE CONTINUED SUSPENSION OF THE

28
PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE ENTIRE
MINDANAO

90. Given the discussion in the preceding paragraphs, it


is evident that both the House of Representatives and the Senate's
approval of the extension of martial law and the suspension of the
privilege of the writ of habeas corpus is misplaced, unwarranted and
unjustified.

91. In the Mindanao · Martial Law Petitions, the


Honorable Court differentiated the judicial power to review and the
congressional power to revoke. The Honorable Court held that in
reviewing the sufficiency of the factual basis of the proclamation or
suspension, Congress

(a) "may take into consideration not only data


available prior to, but likewise events
supervening the declaration;"

(b) "Congress could probe deeper and further; it can


delve into the accuracy of the facts presented
before it"''
J

(c) "Congress' review mechanism is automatic in the


sense that it may be activated by Congress itself
at any time after the proclamation or suspension
was made. "28

92. On top of all the foregoing, in fine, what is the


cogent basis for extending Martial Law for a full year, way longer than
the original declaration and first extension when fighting in Marawi
was still ongoing? Is it not strange that the second extension is set for
a period that is much longer than the period when fighting was still
ongoing, there being no fighting in Marawi now? What are the
parameters for setting the time frame? What would be the parameters
for the possible earlier lifting of martial law? How will the AFP gauge
their success? Or is this arbitrary or subjective left entirely to
absolute discretion beyond the pale of legislative query or judicial
review? Is martial law intended to quell a rebellion or is martial law
just intended to restore public order and make government function
again? If there are no parameters, then martial law can exist until
there are rebels in Mindanao, even if such rebels do not pose a threat
to public safety. These are nagging questions begging for satisfactory
constitutional and factual answers.

28
See Note 3.

29
93. The rather precipitate and arguably perfunctory
manner by which the extension was approved by both Houses,
despite the lack of any sufficient much less cogent factual basis that
threatens public safety, unmasks how Congress gravely abused its
discretion and failed to perform its duty under the Constitution to
uphold the constitutional safeguards it is tasked to protect.

94. In addition, both Houses of Congress cannot rely on


a goal or an objective that is not within the ambit of martial law to cure
or even prevent.

95. In the 08 December 2017 letter of the President to


Congress, he further justified the extension of martial law and the
suspension of the privilege of the writ of habeas corpus "to quell
completely and put an end to the on-going rebellion in Mindanao and
29
prevent the same from escalating to other parts of the country. "

96. To quell and completely put an end to rebellion in


Mindanao and the rest of the country is not the objective of imposition
of any martial law. Martial law intends to restore peace and order
and bring back or reinstate civilian power or authority during the
existence of an actual rebellion that substantially compromises public
safety. The history of nations is a living proof that the only way to
eliminate rebellion is to address the roots of the conflict which is in
most cases, the severe poverty, injustice and inequity that have
stripped humanity of its very dignity.

97. Indeed, if the two co-equal branches of our


government abused their powers or reneged on their duty, it is but
incumbent on this Honorable Court to correctly check and balance
excesses of governmental authority of the governors with the more
fundamental rights and liberties of the governed.

APPLICATION FOR THE ISSUANCE OF A WRIT OF


PRELIMINARY INJUCTION AND/OR TEMPORARY RESTRAINING
ORDER (TRO)

98. Petitioners move for the issuance of a Writ of


Preliminary Injunction and/or a Temporary Restraining Order (TRO)
to enjoin the further implementation of martial law and the suspension
of the privilege of the writ of habeas corpus in Mindanao. This is in

29
Page 5, Annex "A."

30
order to protect their substantive rights and interests while this case is
pending before the Honorable Court.

99. From all the foregoing, Petitioners were able to


show that they are entitled to the issuance of an injunctive relief for
having complied with the requirements set forth under the Rules, to
wit:

(a) the invasion of right sought to be protected is


material and substantial ;
(b) the right of the complainant is clear and
unmistakable; and
(c) there is an urgent and paramount necessity for
the writ to prevent serious damage. 30

PRAYER

WHEREFORE, premises considered , Petitioners humbly pray


that:

1. Upon the filing of this Petition, a Temporary


Restraining Order and/or a Writ of Preliminary
Injunction be issued enjoining Respondents from
implementing martial law and from suspending the
privilege of the writ of habeas corpus;

2. To conduct an open , inclusive, thorough and


public factual determination of the sufficiency of the
factual basis for such extension or suspension;

3. After due hearing and deliberation, declaring


NULL AND VOID the extension of the period of
martial law and the suspension of the privilege of
the writ of habeas corpus for lack of sufficient
factual basis.

Other reliefs just and equitable under the premises are likewise
prayed for.

RESPECTFULLY SUBMITTED, 03 January 2018, Quezon City


for the City of Manila.

30
PSBA vs Tolentino-Genilo. G.R. No. 159277 December 21 . 2004.

31
NATIONAL UNION OF PEOPLES' LAWYERS (NUPL)
3/F Erythrina Building
No. 1 Matatag cor. Maaralin Sts., Central District, Quezon City
Telefax No. (632) 920 6660
Email: nupl2007@gmail.com

By
. ,...,,..../

co~
---.iW""P"lo1 J.
IBP LR No. 010437- Quezon City
PTR No. 5566289C- 1/4/18- Quezon City
Roll of Attorneys No. 43060
MCLE Exemption No. - 002613- 6/28/2017

>F ~"-~--'
EDRE U. OLALIA
IBP No.021329-1/5/18-RSM
PTR No. 5566292C- 1/4/18- Quezon City
Roll of Attorneys No. 36971
MCLE Compliance No. V-0019457 - 04/22/2016

/// 0£~ .
}tJAN OLIV~,
F.
a
JR.
IBP No.021331 -1/5/18- RSM
PTR No. 5566290C- 1/4/18- Quezon City
Roll of Attorneys No. 35870
MCLE Compliance No. V-0019459 - 4/22/2016

~ L, ~,
EPHRAIM B. CORTEZ
IBP No. 021330 - 1/5/18 - lsabela
PTR No. 5566291 C- 1/4/18- Quezon City
Roll of Attorneys No. 41366
MCLE Compliance No. V-0019328 - 04/22/2016

.=d- -
<;;.-~<""" -
MARIA CRISTINA P. YAM BOT
IBP No. 021333- 1/5/18- Rizal
PTR NO. 6945399A/1 -09-17 -Rizal
Roll of Attorneys No. 59700
MCLE Compliance No. V - 0016653 - 04/04/16

32
A T LSARZA
LR N . 127 - 12/17/2012
PTR No. 4750577C- 6/8/17
Roll of Attorneys No. 57897
MCLE Compliance Number V-0022570 - 07/01/2016

~~~~
IBP No. 020933 - 1/4/1 8 - Manila IV
PTR No. 5521596-1 /4/1 8 - Quezon City
Roll of Attorneys No. 65486
Admitted to the Bar June 2016

33

Copy furnished:
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

We, the undersigned, of legal age, Filipino, and with address at


c/o United Church of Christ in the Philippines (UCCP) Haran
Compound , Fr. Selga St. , Madapo Hills, Davao City, under oath
hereby depose and state that :

1. We are the Petitioners in the foregoing Petition ;

2. We caused the preparation of the same;

3. We have read the same and the allegations therein are true and
correct of our personal knowledge and/or based on authentic
documents; and

4. We have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or
agency and , to the best of our knowledge, no such other action
or claim is pending therein. If we should hereafter learn that the
same or similar action or proceedings has been filed or is
pending before the Supreme Court, Court of Appeals, or
different divisions thereof, any other tribunal or agency, We
undertake to report that fact within five (5) days from notice to
this Honorable Court.

IN WITNESS WHEREOF, We have hereunto set our hand this


..lliL of January 2018 in Davao City, Philippines.

EUFEM~LAMAT
Affiant
N~LANUEVA
Affiant
\/ IN* 6~11- 002oec tt 11CtOcCC ,ZOUDO \I 1.J:V <XJD\-OVn rr (pf Olo~ fiV Iov V-0

RIUS VALLE
Affiant
.~,, ~ oq-?J~Jq ?i?za -s-

Verification and Certification of Non -forum Shopping


Page 1of2
SUBSCRIBED AND SWORN before me this 0Ct7January 2018
at DAVAO CITY, affiants exhibiting to me the following competent
proofs of their identification indicated below their name and
signatures.

ROL AYV. PA J RA
Doc. No . .....O,_~-­ N tary Public
ntil DJcember 31, 2 18
Page No. 0l Commission Serial No. 2017 237-2018

Book No. ~1 11 PTR OR No. 9734530; Dec. 29, 2017; Davao City
IBP OR No. Paid, OR on process; Dec. 29, 2017; Davao City
Series of 2018. Roll of Attorneys No. 52983
829 Arellano St. Corner Mabin i St., Davao City

Verification and Certification of Non-forum Shopping


Page2of2
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I , NERI JAVIER COLMENARES . of legal age, Filipino, and


with address at c/o NUPL , 3 rd Floor, Erythrina Building ,Maaralin
corner Matatag Streets , Central District, Diliman, Quezon City, under
oath hereby depose and state that :

1. I am a Petitioner in the foregoing Petition;

2. I caused the preparation of the same;

3. I have read the same and the allegations therein are true and
correct of my personal knowledge and/or based on authentic
documents; and

4. I have not commenced any other action or proceeding involving


the same issues in the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency and,
to the best of my knowledge, no such other action or claim is
pending therein. If I should hereafter learn that the same or
similar action or proceedings has been filed or is pending
before the Supreme Court, Court of Appeals, or different
divisions thereof, any other tribunal or agency, I undertake to
report that fact within five (5) days from notice to this Honorable
Court.

OS Q\P. IN WITNESS WHEREOF, I have hereunto set my hand this


rJAN - 2 (Sf January 2018 in Quezon City, Phir ·nes.

SUBSCRIBED AND SWORN to before me this _ January


2018 at QUEZON CITY, affiant exhibiting to me his IBP ID No.
43060 a competent proof of his identification:

ARY PUBLIC

Doc No zq3 ATTV. • '..! ,. _ . • ' OLIVAR


Page No GO NOT.'.~" ' If.'"' l'}\.JtWN crrY
Book No XlX .A.II/. Mm :~:· C·4 .• , -:~:lO l · 11-17 u~;;'. i2-31-2018
Series of 2018 ro c ·~ "'o. 10::;:.:i i l !•• 1.0·;7 !Jj) ~n ;.:,c, 2018
pm (.. ~ :>' )••./ c i-~ . ~ ! ~1;1: ·!·1 :\:. ,;;; (i'i·'i> 12~71 .0C3
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MCl.f.:\a. ,_.,;;1,:;·!::t- •:: ~ . C~· r ·· 1 1i' ·Ji·"~ 1:!1~ 1 :,S!G CID'
,Ad<iress: 31 ;. nc;l\ic.:·.i St Cuba:l, Q.C.
·r I
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'* I 't.l)U 1"''111::,• Jff>o
p.'°'"~ ·~· ·~ <,,,.
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9#4


:a;; 3
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

We ,the undersigned, of legal age, Filipino, and with address at


c/o NUPL, 3rd Floor, Erythrina Building, Maaralin corner Matatag
Streets, Central District, Quezon City, under oath hereby depose and
state that:

1. We are the Petitioner in the foregoing Petition;

2. We caused the preparation of the same;

3. We have read the same and the allegations therein are true and
correct of our personal knowledge and/or based on authentic
documents; and

4. We have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or
agency and, to the best of our knowledge, no such other action
or claim is pending therein. If we should hereafter learn that the
same or similar action or proceedings has been filed or is
pending before the Supreme Court, Court of Appeals, or
different divisions thereof, any other tribunal or agency, we
undertake to report that fact within five (5) days from notice to
this Honorable Court.

IN WITNESS WHEREOF, We have hereunto set my hand this


,\AN (}....5-mf3Jinuary 2018 in Quezon City, Philippines.

~· /. ~

MARIA CAROLINA P. ARAULLO

SUBSCRIBED AND SWORN to before


0 5 20181
_January
_2018 at QUEZON CITY, affiants exhibiting to the following
competent proofs of their identification:

Doc No (if.
Page No '®
Book No 1
Series of 2018
f!t' f'llhfl r. Of th<> f'hi 1•pplt1M
r Of!•'" .. ( th• ~···••lnr (;ft;-~" ' ,,,,.,,, IC'~''. /\)

M~~ r/\ ~~'X~rJ1:;r~~fUN CllY


-~1\GAJ)lJl\N ARA.ULLO
/\ddrw.~ l1 j )e lga cl O St . ·'
BF Horne8 _H~>ly _?p!.·.ri ~- '- - _
_ J2!J~ ZO ll C i Ly__ _
I><'< . 1') ,1 9'>1/6 1 F
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. ..trf>fil:> .~11rl f 't lv ll~tfW" -l/11'it•1
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u •'ho 1•1J"' i•1 ~,.r .. ! ,.1• • rt-•·t'! l•,.11•1"'• It r,..n .... t I·"'"'"
•r,•• .. .. .. ,..,,.,, ,., ,r .. ("1~.u-t,,, ,~ , .... I,,.. irtJ.,. 1., .,,,. A• .. 1°.., •t'1• t
••,.z,. llh!.·
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'' ·
''! ' ft•'(tl,' ,,f f,,. \t'I
.· . ..,
1. RESTRICTIONS
1. MdTORCYClfSIMOTORIZEO TRIC'fCLES CONOITIONSt
2. VEklCLE uP TO '>00 KGS G V W
3 VEHICLE A80VE 4SOO KGS G V W A W EAR EYE G!..'SSES
" AUTOMATIC CLUTCH UP TO 4500 G V W
5 AUTOMATIC CLUTCH ABOVE •500 KGS G VW 8. ORIVt.: Ohl.Y WJSPEC1..\i.
6. ARTICULA1'EO VEHICLt 16-00 KGS G V W i. BELOW EOPT FOR UP~ER LIMBS
7 . ARTICU!..'TEOVEHICLE 1601 UP T0 4SOOGVW
a. ARTICULATED VEHICLE • SOl KGS a. ;..sovE G v w C . ORIVf ONLV WtSPECV..L
11. ORGAN DONATION: EOPT FOR LOWER LIMBS
I HoR€BY DONATE ANY ORGA.~ 0. DAYLIGHT DRIVING Qll.lV
SPECIFIC ORGA·~
UPON MY OEATH E ACCOMPANIED av A
PERSON WINORMAL
Ill. IN CASE OF EMERGENCY NOTIFY: Ho:..AING
NAME:
ADORESS
TEL.11

0 0 05210 02 1M4
VERIFICATION AND AFFIDAVIT OF NON-FORUM SHOPPING

I, CARLOS ISAGANI ZARATE, of legal age, Filipino, with


office address at Room 210 Northwing Building, House of
Representatives, Quezon City, after having been sworn in accordance
with law, do hereby depose and state:

1. That I am one of the PE 111 IONERS in this instant case;


2. That I caused the preparation of this PE I I I ION;
3. That I have read and understood the contents therein as true
and correct to the best of my personal knowledge and based on
authentic records;
4. That I certify that I have not commenced any other action or
proceeding involving the issues raised in the petition, in the
Supreme Court, Court of Appeals, or different Divisions thereof,
or any other tribunal or agency;
5. To the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, Court of Appeals, or different
Divisions thereof, or before any other tribunal or agency. I
undertake to report such fact within five (5) days therefrom to
this Honorable Court. That I shall notify the court, tribunal or
agency within five (5) days from such notice and shall cause
the dismissal of said action or proceeding.

IN WITNESS WHEREOF, I have hereunto set my hand this


January 04, 2018 at Davao City, Philippines.

CA~S~N~E
Affiant
House of Representatives ID No. 13773

SUBSCRIBED AND SWORN to before me this January 04,


2018, at Davao City, Philippines.

otary Public
Doc. No. 01;
Until D cember 31, 20 8
Page No. 02; Commission Serial No. 2017-0237-2018
Book No. XIII; PTR OR No. 9734530; Dec. 29, 2017; Davao City
Series of 2018. IBP OR No. Paid, OR on process; Dec. 29, 2017; Davao City
Roll of Attorneys No. 52983
829 Arellano St. Corner Mabini St., Davao City
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

We, the undersigned, all of legal age, Filipino, and with address
at c/o NUPL , 3rd Floor, Erythrina Building ,Maaralin corner Matatag
Streets , Central District, Diliman, Quezon City, under oath hereby
depose and state that :

1. We are the Petitioners in the foregoing Petition;

2. We caused the preparation of the same;

3. We have read the same and the allegations therein are true and
correct of our personal knowledge and/or based on authentic
documents; and

4. We have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or
agency and, to the best of our knowledge, no such other action
or claim is pending therein. If we should hereafter learn that the
same or similar action or proceedings has been filed or is
pending before the Supreme Court, Court of Appeals, or
different divisions thereof, any other tribunal or agency, we
undertake to report that fact within five (5) days from notice to
this Honorable Court .

..

REP. ARl~SILAO

RE~~BROSAS JANE I. ELAGO


s 1\l.i<QJ
SUBSCRIBED AND SWORN to before me this J!)~ARY 2d; 7 at
QUEZON CITY, affiants exhibiting to me the following competent
proofs of their identification:

Doc No qi
Page No W
Book No 7
Series of 201~
Repubr f e Philippines
HOUSE O F REPRE E TATl'\: E...'-;
I • I' .

FRANCISCA L. CASTRO
Representative
Party-itst, ACT-TEACHERS

11
SIC·NAT£RE IO NO 14584

136 · 594 I
20028J2 i u9
1080 OVd.t- 9 :1
0
IN CASE r1I- liMllGl!IMC'f. MAME &.
CQMt,tC1' ~OF '8SON 10 lll01'll'Y

JESUS M. M4'»M0
0921 3507361
ffesMlllc d itle Phi!jppil MIS
CO" 79sat ON l!l.EC1lOMS
auoctfCITY l'IC't·-lmlJ!ICT
VIN 7404-5357"-J3075ADB20000
~
NILsa ~


DURAN

CM- oao-10 ms-

--
a.afllli!li
Gillille
c--. ,._
maxtf'OOk~ uP ~

iRF.PUBUC Of THE PHUJl'Pf.'reS



~PARTMF.~ OF FINANCE
BUREAU OF INTERNAL R£V£Nl! E

BR0SASt ARLENE DURAN


TIN 911-J9S-048-888
122 a.IC 9 POOIC JIOU.IUS
lJP DILIMAN QUEZON CJTY


Rcpuhlic ol th<.' Ph1l1ppim'!>
I .,,, II Pl " ' ' 'I f{ I PI~ I \I -..; I \ I I\ 1 ..,

ARIEL B. CASILAO
Rnp•esentative
f'orf)-list, ANAKPAWIS

,~tf_,
"
tON'°' 18199

TIN 191 68 ~ JOA


I /(t NAZARETH ST , ST
ANTHONY VILLAGE
r>miw.rn NO 16-0757 17894-5
flRC:Y ANGLIONGTO
DAVAO C1f'Y ~'""O l"f1'f 0
•4 u.5f C < fMEl!CtNCY. HAMf A
°"''~' _.OF ptb()o< 10 HO!M'Y
lllllllllllftll
LUCELLE 8 CASllAO
0909 55'49376
• ~ I

08 December 201"/

THE SENATE OF THE PHILIPPINES


GSIS Sieg . F1n.q11c1al Center
Roil.as 81'.·tL, P<JSCIY Cu~·

Attent10n SENATOR AQUIUNO L. PIMENTEL tit


Senate Prt!sment

~a~c-

THE HOUSE- OF REPRESENTA fJVES


Consllh,t or. Hills
Quezon City

,L\ttt!ntio11 REPRESENTATIVE PANT A LEON 0 . ALVAREZ


Sr>eakc1

Sub1ect Further Extensi on of th e Procla mation of Martial la\..,


and Suspension of The Privilege of th e Writ of Habeas
Corpus in Mindanao

Gontl(J!ll 8n.

0:"1 i 8 Juiy ~017 I r~1 uested both Houses of H11.:. Congr<.:ss to extt.!nd the
proclc;mat1on of Mar11<:1I Ur:. and Uio .,u~ J.Hrns1uri of tl10 pnv1teoe vf U-ie ·1.nt ot hnbvas
C(){pus 111 the whole of Mindanao tor ccmpclhng H~ci:mns c11t.,.d n n11 lett . . r of ~ven dat .
in acc:orcJance w11tt S •...:d10•1 18. Art1c,ie VII, 0 4 t110 1981 F'"HhtJD ne Con~lJiuho11

On 22 Ju'y 2017 c1ftor ,;i r.areful del1b~1.illon. the Cor1gti:!S'; p~~sud Rf)~olut 011 (Jl
Both House~ "!o ~ e.,tenuing the su~Ject proclamahvn ancl ~u~N:flsic•n unt1' 31
Oi~cember 201 ·,. upon a detl~rr.1111;1 t 1on tnat ihe p revo lin~1 s1tucit1on 1n f..,iarawi City nnd
•:>ther pi:!r1s cf Mindm 1<t0 nr-:r,cs~;1ta lcc tho. exten::-con of ihr.; proclnn~'1tion of ~...fartial U.r.~

and th(! s1isr11lnS ·:>n C•f the µnvrlcg:.: of the tN11t of Jmbt:£Js co<pvs. t"1erni•1
t am plLJa~!:ld tv tr'fur m the Cnngccss that dui.ng tho M<lrl1ul Law period as

oxtcndt.K.1 iri Mmdanao. ~he Armed Fo r ce~. of the Ph1!1ppines (AFP) has achieved
re1 i-1ar'~;'lble prc.•gcess 111 put11ng the r~b9li1nn tm•jer control Ge-neml Hoy Leonardo
Guerrem, AFP Ch ief o r S taft ;.\nd M~rtl31 Law lrnµleni1·!ntor. h:Js. reported that a total ot
nine hundred tv.:enty \920) DAESH""4nspired fiyhttrs, inr.h1{lt!ig tne1r kr <Jwn lendors
hnve be~n neutralized. C IE.J cm ng of tho rnaln IJC:iltle <:Ht:.:'i m t..·1ara•iY'i City was fast-
rrar.k•Jd , Vllth Ell least o:•8 hunored U11:1y-rnne !139} ierronsts unested, of whict1 ~r.<.ty~

Otlt.l (61) h::tvt:: b(.;Oft mmintilly charged All these htJstened :ho liberation o• ~.1 aravvi CHy
on 17 Octob\'H 7.017 . rn,0 ~H:lvt1d tho way tor the 1rntm~1cm of d for• s f(J'" tt ie retl<1b1litat1on
and re-cons~rucl1on of tho city

On O· t De-~ember 20 17 l rece1•:ed a letter from Secrt:ta1y of Natk-.riaJ Ocren~e

Delfin N. Lo:on:::arn1. ~s h lc-.11i1al Law A'lministro:.itor. st;iting t h~1 '·based on current


security assessment made by the Chief of Staff. Arrned Forces of the Philippines.
the undersigned rocomrnends the cxtensaon of Martial Law for another twelve
(12) months or ,o nu (1) year beginning J:tnuary 1, 2018 until December 31. 2018
covering the whofe island of Mindanao primarily tCl ensure total eradication of
DAESH-inspired 0.:i'awatul lslamiyah Waliyatul Masr!q (DlWM). other like·rnindcd
Local/Foreign Terrorist Groups (LIFTGs) and Armod lawless Groups (ALGs), and
the cornmlJnist torrorists (CTs) and their coddlers, supporters, and financiers xx
x." .U. •:opy of Secrf-!tary Loronlana's lell1:.:r \logcthc: with n co1>y of the letter of AFP

Chief Gumr•J1oj i~; aUached for yotJr conwrni'..:111 refe1ence.

The secuntv ns~ossrnent subrrnlied by lhe AFP s1-1ppc.r10cl oy ci snrntar


assessment b/ t?1e ?i 11!1pp:ni~ N:it•onal Polle~ (PNP) highl1gl1ts certain assent1<1I f(lcl5
lh<il I. a~ Corn11mnum-m·Ct11ef vf all airn~d toro..:cs of the Ph1l1ppines. 11ave personal
knowli:dae of.

Fir~l. cte~p1te tht! d •:;1<1th of Hapil'Jrt ~·)d th!:: r. -ta1Jto :)<'Otl1f:r$, !th! remnants of tneir
Grouos hav-::: ·~onilm:ed to rebuild tlt8ir organization through the recruitment and training

.
of ne·.·; memb11rs a11c.; f1ohtms to carr•.· on u-.,~ J*'.!bellion. You •.v1ll .ple11s9 not~ thol at least
~
remn1ni'3d al-lar9.:1 .md 111 l"H prob8b1h1y. circ prcst::ntly rf'.~grcuping und consolidating

mc·m forces.

Mo:-cf; 5pecif1t;.:;lly ~Ile remnant~ o! OAESH-i11~01ret1 01'/'.' M members and their


;illles, tr;gether wttli :helf prvt1:!ctors. supporters and ~;ymp<Jthlzers. hc1ve ~een monitor•X
m their continued dforts towards radical1Lat1on ·rC:cnmrnenL financial and logist1ca! bl~lld­
up, ~JS well as 1n lheir cor.sclidation/1 eorgarnz:at:on in Cenlr ell MmrJanm;. particularly m
the provinces of M3Quir1tt'1 1ao (Jnd Nortti Corntrnto nnc a~so in Sulu ~r:c1 B[:isilan These
1

activities are geared towards the conduct of ioten:sificd atrocities and armed
public uprisings in support of their objectiv~ of establishing the fot1ndation of a
gtobat Islamic caliph<:1te and of a WiliJyat not only in the Philippines but afso in
the whote of Southeast Asia.

Sncono, tne Turttif1c Grnup ha<", hkENJtse ue(m monitored to bt: planmn9 to
cc11ducl bomtJtng~. notE1h!y targeting lhe Cotntn:ito ::ire;1 T111 t1if10 i s sa1<1 to be Haptlon's
potantiol successor as Amir of DAESH Vt/liayal in tht: Pliihpµ1m~:.> and Southeast Asin .

I h1H1. Llle 8011gsumorc1 Islamic Fre8dom F1gt:ters l [HFF j continue to r!efy the
geivcm111ent by perpt;Jlratmg at ledst fifteen (15) violent 1r1c1t:•mt". dunnl1 the P·.:1artial La·.-..

period in ivla~1uindanao and North Cotobato. For this vear. the BlFF has irut1ated at h~nst
eighty-nine {8l1J violent mc1den t ~. mostly hftrnssmt:!nls and roadside bombings against
novemrnenl troons.

Fourttl. tr1e remnams ol the Abu $avya1 Grcuµ tASGi 1n Bastian. Sulu. Tm·.rr-
Td1N1, and 1-.ambozmga ;:>m11nst1lo rernuin as a snrious ~ecur1ty cr.)11::1:.im Rcportl:.-.
111d1t:ale 1hat this ;i3ar they have conducled ~-it least forty-t11rne ('1:3'1 ftc t s ot torro11s111
including att.Hcks using lmprov1seu E;.c.plosivE.: Dev1c~s (IED~J. horassments, ant1
kidr 1apnings wr11ct1 have resultect in the k1l!ing of eit1ht (8) c1v1lifl11s. three {3> of whom
were merdle~sty bchoBded

L l:1Sl. but r:•?rtoinly not the least. wh1lo the govemment was preoccupied \mth
addrt:ssrng U1P. 1~h>lile nges posnd by ti 1".;; DA.ESH~inspirEJd 01\-\'M rmd other loc&I
Tenaris~ Groups (L.f G~;. the l'Jow PP.n:1ie's Army (hlPA\ tool' .1d·:~u1tei~1e ol the situr-lhon

::.ind 1ntens1ill::d tncir decodc::;-1ong mbellton ng<.:1,n~t the- gm·urnm<;nt and Sl"1pr1eri up

rerronst eels agrm'\st mnocent c1v1l:aas und pnvClto e11lit&es. ;:ts wrni as guertlla warfare
dgairl~t thu sec1irtli ~ector and public and g~ncmrnent infrastructure. purposely to
seizo political r>owar through violent moans and supplant the country's
democratic form of government with Communis·t rule.

This yE:ar, the NPA has ncrpetrated a total of ::it le<1s\ thre€J hundrt:?d eig lly-fi':e
(385) attoc1ties {both terrort!->m and guonlla warlam) m r·.-1ind;H1c.10. which rcsuttcd m
forty-CJne ('11) K1ll1~-m-.A.ction {KIA) and sixty two (6:?; V'.1oundl3d-1n-Adion {llv'IA) OP the
part of gmmrnmanr fori:;e!>. On the r>art of the r;1v11tans, the5e a~:-0';1tses resul:ed in thd

killing <Jf twenty-lhreu (23J (illU the wournlil~g of six {6} pers-ons Tt·1e most recant wcis
tilt! amnu~h in TCl13k~;g. Bukidnon (•n G9 f'fovember 2fl17, h.;8ult1n9 1ri ihP •tilting of one

( 1 j PNP personnel i=!rld the '."Jouncl111g of three {3) oth._:r~, . as ·,·,•e!I as the k1lhng of a four
(4)-rntmth-o!d 111fan1 c:md ~!1£.: wcundmg of two <2) Ci'Jd1ti·15

Aµart from ttms·~. at ieast hfly-nine {59j arson incidents have been earned out by
thG NPA m Mi11d.u11ao this yr.~ar. targetmg busirn~sses rind priv;1tc ostabhstiments and
desttoymo an ostlnmtad P2.2 b11!1on--.vonlt of properties Of these. the most significant
vveru thr-: attc.ii.:k on L<.ltJ<lnda1 FoO{I Corpornllon m DaWiO Ct~)' 011 09 April 20 l 7 and the
bt1mi1lg of iaclld1cs rnvi uqu1pn1ent of Mil-Om l:.1in111~J a11ct Fr<i:i!JG VE.7nlur~s Corporal1011

111 fv1ilh C1t)1, Dav;m OnenWI 011 06 May 2017, •Nhi:;h res:.iltoo in t11e destruC'tJcm of
µrcpe1ties valued at '2 i .85 b111io11 and ~ 109 rmll·on. rc:spectively

As n direct result uf these atrncit1es o: 1 the part oi \he NP/~ . I ~,-as constramed to
issue Proclanwtlon No. ~.Go 011 23 Novamt>i:ir 201 i' tltc:farmu thrJ t~11111Pat10n of pGaCt?
negol1auons w1U1 Ui~ NDt1cnal Dornocrat1c f ront-Cornmumst P.arty r,f thv Phtlipotrrn~

Nev., P~opt~·s Army {NDF-CPP-r lPA) ettectJ':e 1mmcc1otely l fc..Uov:ed this L:p with
f)roclarnDt.on No. 37.:l c·n 05 D'JC~nibr.:r 2017. W'\t!ce ' declared tile CPP-NPA as ~
des19nat~d/iden11ftr:<i terrorist orgcirnnmo11 tinder the Terrorism Fina,1cmfJ Prevention
rmd Suppression Act of 2012, and tht: issuam!o ot a dirt::i~t:v& to Um Secretary of Justice
to file c; oeM1on in ih~ .:1µ:.m)prmte co11rt pr<1y1n.g to proscm:.if.: th~ NDF -C~P-NPA a:., a

terrorist orga11ilal1.:>n under the I furmm Ser,un'y Ar.t {lf 2007.

1'f1es~ recent dcvclc·pn1entt. uwo!vinq tho NDF-CPP NPA f0fnbcia~ BIKllher Y'~"'
CJf mtcm--rfi~d arrni.:o l1ost1!1he5 'Nhich. tc1qet11u: ',\Ith clher :.,ecurit·i cc.n.-;crns cle::>cnb?Jd

A fur1her ext·.:nsrnn (if tnn 1mpte1111j11\attvn r,f f·•1cH11DI l.aw a11d s~ispension of the
µtiv11e~re o: tho •.vrn of hatwas corpus m 1...1i11~JL1n <.iO will h·.!lp ll1e >\FP. the Ph1hp1>ine
Nation.=! Pi:.J11ce (PNP.t. [111d <:111 othe: lav: enforcement cigencms to qllll!I co1npl~tely and
put an ti11d ~o the 011-gorng rcbelho11 1:~ M:ndnnao ano nre;ient the same from llScaloti1 ig

to oU,er pcirts of tne C\:l~ntry. Puthc safety induoitaulv requ1ro~ such lurther ex~ens1on .
not or1ly for ll1e sake of sec•mty and public orcler. but more 1rn:-mrtant1y to enable lho

governrnen~ ::ind the people of r..~1nda111:m to pursue ihfJ b!!J~ll~r tall ~ 1)f rr:?h~b1htahc11 and
the promotion of H slalJlu ~0~1o·fa~onornk; gro·.vih m •cl dr:1veloprnent

For all of thesu 10;;.sons. I ask t111.: Congrc!i5 oi HK1 Philrpµines to furthor ext1::nd
lh•: proclam~llon of MnrtJal Law 1md tho suspens:un ul tho pnv1leqe of lh~ v.at of
/it10efiS corn us i 11 thn whole of Mrndanar-· 1or a µenod o' o: 10 t 1) }'13ar . f:orn 01 Januarv

20 rn !O 31 Decembe1 201 a. Of for Slit.It oth~r pe11od of ilnlC as the COll!Jfl!SS rnav
de~crr mne in ~ccordunc.e vr.H1 Sec11on 18 Artrr.lo Vil of I! ~l 196"/ Phil1r)pine Constttut1c1·'

PRESIOEi-~A-· .
DUTERTE

Bv the President.

/f---__-). , i._

SALVADOR c. MEolALOEA
E1.er:u1i 0 Secretary
1
fi

...
-~=~tC Dr 1li!: PM1L17~tlftj:
P•Rn r~:< - 0~, 5
. i. • J
Republic of the Ph ilippines)
Quezon City ) S.S.

AFFIDAVIT OF SERVICE

I, AIMIE F. ATAD, Filipino, of legal age, and with office address at c/o
3 rdz Floor Erythrina Building, #1 Maaralin corner Matatag Sts., Central
District, Quezon City, under oath , hereby depose and state that on January
8, 2018. I served the Petition with Urgent Prayer for the Issuance of a
Temporary Restraining Order and/or Writ of Preliminary lnjuctior:_l in G.R.
No. entitled "Eufemia Campos Cullamat et al. , vs .
President Rodrigo Duterte et al. ," by registered mail:

~- \\\\1,1m\,~li,\u\ii\ll\1i\rnl\ \11\1\\
OFFICE OF THE SOLICITOR GENEI P ~?E5°~~0 L....
:~ ,...:;T
.i..-·.,. . ;. ; ~;._;l\~, ._~~p~-t1-1-----
tfMl~a ire-. N:e ............,~~-----
134 Amorsolo Street, Legaspi Village
osted on _ _ . 20 _ __
1229 Makati City
reserJl t~isJ~ ,~J:B re fer nee in case of inquiry

PRESIDENT RODRIGO ROA DUTEF RD 777 498 630 ZZ


Malacaiiang Palace, Mendiola,
Manila, Philippines 1105
Js~-~! I!Ill Illll!l!.l~l 1~111111111111~111 H
U3tter/P~c~ age No.
~osted '6n JAN :818 I 20 _ __
RD 777 498 643 ZZ Y
SENATOR AQUILINO PIMENTEL r~-.7- 11111111111111111111111111111111 111 11111111
Po t Off ice · · • ..
Rooms 606-609 & 1 (New Wing 5/F ''~ ·~/......;...;,,'-- · ~
. ...,--,··_,.... . '"'-_.:--
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Le e H~~lof~,-~o.· ..:.:.~~-.'-4- ) ~f_ _ _ __
GSIS Building , Financial Center, P sted on .... _ __,. A.oAfv:._,, 20
Diokno Blvd., Pasay City; 1300 - --
p servJltJk r.dM/PrJ8f8efere ce in c ase o f inq uiry
p LI • ___,

rr;- .....R'o.77t :9as57C-ZZT


SPEAKER PANTALEON D. ALVA Post cfttict 11111111111111111111111111111111 111 11111111
Room 217-218 House of Representativ• 1.ette r/ Pack {Je No. _··_·_ "··_'".. :'~
:; . ' ~ 1 ----
Quezon City, 1126 Post0d on 8 . f~A! '" •o 2bI - - -
" ,J.JI _ .... '"'
P re s "'rv e, tlttls1receipt for reference in c cise of inquiry
r . , . I
' •\;' \ C;

EXECUTIVE SECRETARY SALVADOF - - -_...,, ncl"""'E=IPT


RD 777 498 665 zz
Malacaiiang Palace, Mendiola,
Manila, Philippines 1105
Post o i~"-..;l!/I.·EIIJ/lIIff/••.fllJll/ fll/IJl /fllf /If 111111/I
C u.c:.,. ',,~, '
'-'· . . • •
L e tte r Pack~· ~P.- ;' . /. .-. .. . ) ... b'
P ost don · -·-.v"VIL11 2
Pre rve th~ ficJA.Nopffl'l!rence in ca s e o f inq u iry
PH IL
DND SECRETARY DELFIN LORENZA NQ _.___...,....,_.,.._- -l-
• ~ Postm~tl/t?'l§ell r
Office of the Secretary, Department of f\ --~
Segundo Ave. , Camp General Emilio A~ r:u=~·~ TRV 1=1r=r.r=11:>T
,...__ RD 777 498 674 ZZ
Quezon City, 1110
Post ~ffi~. Ill Illll Illllllllllllllll lllllll IJl 11 111111
Letter!Pa'~k~g(,.'No. ~ . : .' .:: ~
I
Posred on c ' _,• ..:
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Preserve this~eJ/tpf f&'Ji>aference in case of inqu iry
; •:. • j I , '""' ..,,/

I "'''"' ' :._~ .:J ..,.,.--~-


- · -~ ~-· __ Postm a'ster/Te lter
-~ -- ~
.... ;.;:..:....:
,. .. ' r·": -J - -·~-..nv ci:r.FIPT

I
Post 0 foce -
·~~;;, 1111111111ilflnlli1ii~1iili1ffi1111 111111
. - .....,., 1

GENERAL REY LEONARDO GUERREF


Letter ackaf!rif 0 JAJ - - - ·- -Jl--- - -
p OSt on N 2018- 2P .
Armed Forces of the Philippines, P ti~/ 1 L -'- . ""' N-.r rafere nce in case of i nqu iry
Pros ~Ye}. t is Y6C..,1 ,.,. t- I N E S t
Camp General Emilio Aguinaldo, EDSA,
Quezon City, 1110
=-- Postma:5r.
.

I
----
~

' 1:11:=(:;1~RY RECEIPT
RD 777 498 691 ZZ.

Post Offi~ 111 11111111111111111111111111111 111 11111111


CHIEF SUPERINTENDENT RONALD "B
Letterbacka~e ~ o .. _-H:o1-,..- 1.-::-
1 ..,.,.,,1r-:-:- Q- - - - - -
Philippine National Police, Camp Crame, I 1 .._,) .:. • .J 20 - - -
Poste~ or::i, - . .
Boni Serrano Avenue, Quezon City, Phili~ I · h'. ~e1ce i..;t for reference in case of 1nqu1ry
Preser•¥EI. t is .-
1
,
,_ ---
- . .. ..::::::~~:; m asterR" e.ttar

at the Quezon City Hall Post Office as evidenced by Registry Receipt


Nos. non 1 /.! ..If (,,:!(,( -i1-
J a.I) f'l.7 4 9.f i( ?t? ::;. !
I k.O )?) <f1.f l <f ~ ..z 2 J

;LD >J:1 l11f '<ft- 'i7-, 1t1> r'J"J 41? t, y.,- :p. , 1--D rn. 9qr <01 1 .ii,
Ro 7-~+ '[ffJ' i;,ft" ~ 1- , A.D-:; '):J ff/ .4 r1 -t 1-

Service by registered , mail was resorted to in view of the distance


involved and for lack of material time.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 8th


day of January 2018.

a- ~
AIMIE F. ATAD

SUBSCRIBED AND SWORN to before me this 8th day of January


2018 in Quezon City by the affiant who exhibited to me her government-
issued Voters ID No: 7404-5538AFA20000 which is competent proof to
establish her identity.

Doc No. Jc;/


Page No~
Book No. ~
Series of 2018
DECLARATION

I, ATTY. MINERVA F. LOPEZ, hereby declare that the document


hereto submitted electronically in accordance with the Efficient Use of
Paper Rule is a complete and true copy of the document filed with the
Supreme Court .::

SUBSCRIBED AND SWORN TO before me"JiA~ 0 8 2!J~ of January


2018 affiant exhibiting to me her competent evidence of identity, to
wit, her IBP ID with No. 60637.

RO~ ~O G. DE ON
N !ARYPUB C
Doc. No.: f~ UNTIL D CEMBER 31, 2018
Page No.:~ ADM M ER NO. NP-116
PTR N0. 412 329/01-03-18/Q.C.
Book No.: 1 IBP NO. 01979? I 01-03-18 / Q.C.
Series of 2018. ?.CL:. ; lJ. 291 57
tvlCLE W). !V-0004862
(Add.: Office of 'o.n3 t:;cc.I Civil Regi~trar
l!:i_ Quezon Clty H t.:l! Compound, Q,C