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WednesdaY, February 20' 2019

SC declaresconstitutional 3rd
martial law extension in Mindanao
i:.4..'iglglFqF+qfiqdilt*S*t*ji The PIO said dismissed were the
oetitions frled by the groups of Albay
The supreme Court (sO , voting 9-4, ilep. Edcel C. Lagman, Bayan Muna
uoheld on lbesday the constitutionaliry Paitv-List Rep. Carlos Isagani T.
zaraie. Christian S. Monsod, and Rius
oi th" thito extension of madial law
dnd the suspension of the privilege o{ Valle.
the writ of habeas corpus in Mintlanao
. Those who voted in favor of the
until Dec. 31, 2019. constitutionality of the extension were
With the ruling, the SC's public infor- Chief Justice Lucas P Bersamin and
mation offtce GIO) said four petitions Associate Justices Diosdado M. Per- '
challenpina the constitutionali. ty of the alta, Mariano C. del Castillo, Estela
extensi6n iere dismissed by the High M. Perlas Bernabe, Andres B Reyes
Court during its full court session' Jr., Alexander G. Gesmundo, Jose c-
The press statement issued bY the Reyes Jr., Ramon Paul L Hernando
PIO did not. state the reasons for the and Ros,amarl D. Carandang.
dismissal o{ the petitions. A copy of the Those who voted to grant the .
decision was not available. p"ti'u"*-*L." s"ru"r-fssociate )4

bases to extend Proclamation No.

SC declares constitutional... <1 216. The rebellion that spawned the
Marawi incident persists. Public
Justice Antonio T Calpio and Associate Duterte on May 23,2017 for 60 days safety requires the extension, as
Justices Marrric Mario Victor E Leonen, l.hroush Proclamation No. 216 as a shown by facts presented by the
t result'of the attack in Marawi City AFP (Armed Forces of lhe PhiliP-
Francis H. Jardeleza, and Alfaedo Ben-
jamin S. Caguioa. by the terrorist Maute Group and pines)."
Speaker Gloria MacaPagal Ar" its followers. The SC held oral arguments last
royo welcomed the decision of the when challenged before the sc, January 29 on the four petitions that
Supreme Court. the High Court ruled in JulY 2017 challenged the third extension of
"It's good, we're verY haPPY that the martial law declaration of martial law in Mindanao.
President Duterte had sufficient The bombing ofthe Jolo cathedral
because we voted to extend it," Ar-
royo told reporters in an inl"erview factual bases. that resulted in the deaths of 23 per
after attending the House oversight In February last year, the SC sons and injuries to more than 100
hearing on lhe Department of Public declared constitutional President other church goers was highlighted
Works and Highways' (DPWH) flood Duterte's extension of martial law during the arguments.
and the suspension of the privilege -The Jolo catbedral bombing
control projects.
The Dec. 31, 2019 extension was of the writ of habeas corpus in Min- was part of the ongoing rebellion.
the third since martial law and the danao until Dec. 31, 2018. But even withouL the Jolo bombing
suspension ofthe writ of habeas cor- The SC ruled: "The President we already have factual basis for the
pus were first imposed by President and Congress had sufficient factual extension of martial law," Solicitor

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Wednesday, February 20, 2019

General Jose C. Calida said during public."

the oral arguments in behalf of the "This,is on top of the ongoing
Executive and Legislative depart- rebellion by the CPP NPA and their
ments of government. attacks in Mindanao last year," he
"There is still need to extend said.
martial law because of the ongoing "In the present case, it is appar-
threats to public safety and menace ent that the NPA continues to rise
of rebellion not only by communist publicly and take up arms jlgainst
groups but as well as the local terror- the government. From January I to
ist groups, especially those Daesh- December 31,2018, there have been
inspired groups," he said. a total of369 NPA-initiated violent in-
Persisting rebellion cidents. 193 ofthese were committed
Earlier in his comment on the in Mindanao alone," he said.
four petitions. Calida had told lhe Thus, he said, the extension of
SC that the persistence of rebellion martial law and the suspension ofthe
in Mindanao justifies the exlension privilege ofthe writ ofhabeas corpus
of martial law and the suspension for another year "is necessary to
of the privilege of the writ of habeas provide public safety in Mindanao,"
corpus. he added.
Calida said that contrary to the al- He pointed out that the cessaiion
legations in the petitions. rebellion a of the Marawi siege and the liberation
key requirement for dec- of the city from terrorists cannot be
laration of martial law Lhe sole.basis lo lift marlial law in
under the Constitution- Mindanao.
persists in Mindanao. The petitioners in the four cases
He cited offieial claimed that the attacks by terror
reports of the Armed groups and viotent .incidents that
Forces of the Philip- took place in Mindanao lastyear were
pines (AFP) on -ongoing acts of terrorism and not rebellion
i; rebellion of the Daesh- as required by law in declaration of
'inspired groups and martial law.
their local and foreign -The following acts of terrorism
allies, particulaily the and lawless violenbe mentioned in
Daulah Islamiyah (DI) the letter dated 06 December 2018
and also of the Commu- oI the President do not per se evince
nist Party of the Philip- the existence of rebellion and the
pines - New People's President failed to connect or relate
Army (CPP-NPA) forces said acts to rebellion or furtherance
in Mindanao." of rebbllion," they said.
He saial the "Daesh- "Tb!-rorism is not equivalentto re-
inspired groups have bellion because they differ in motive,
shifted their strategy target and scope; While terrorism
from establishing a has the purpose of sowing fear and
Wilayat to global insur- panic among the populace, rebellion
gency or rebellidn" and is an armed uprising against ihe
lhat they continue their government for the culpable purpose
recruitment and radical- of removing the country or a portion
ization activities teach- thereof from allegiance to the Re-
ing their new members public or preventing the President
how to launch deadlier or the Congress from exercising
attacks and to sowchaos their respective powers," they added.
and instability that will (With a reportfrom Charissa M. Luci-
extremely endanger the Atienza)
sTror.,y pAeEt,