Activists, militant lawmakers urge SC to nullify martial law in Mindanao

Activists and leftist lawmakers on Friday urged the Supreme Court (SC) to nullify President Rodrigo Duterte's imposition of martial law in Mindanao aimed at defeating terrorist groups.

The 18 petitioners--composed of labor leaders, human rights activists, ACT Teachers' party-list Rep. Antonio Tinio, Gabriela Women's Party Rep. Arlene Brosas and Kabataan party-list Rep. Sarah Jane Elago--argued that the declaration of martial law in the entire region should be struck down as unconstitutional for lack of sufficient factual basis.

Labor leaders, activists, militant lawmakers urge SC to nullify martial law in Mindanao. @gmanews pic.twitter.com/C97oZazDIR

— Virgil Lopez (@virgillopez) June 9, 2017

Named respondents to the petition are President Rodrigo Duterte, Executive Secretary Salvador Medialdea, Defense Secretary and martial law administrator Delfin Lorenzana, Armed Forces chief of staff and martial law implementer Eduardo Año, and Philippine National Police chief Director General Ronald "Bato" dela Rosa.

"Presuming without conceding that there exists actual rebellion in the entire Mindanao, respondents failed to provide sufficient factual basis that such rebellion has reached an extent that public safety requires the imposition of martial law and the suspension of the privilege of the writ of habeas corpus," the petition stated.

"In fact the reverse is true--human rights, civil liberties and public safety are threatened by the imposition of martial law and the suspension of the privilege of the writ of habeas corpus," it added.

They said the imposition of Proclamation No. 216 is "unwarranted, unjustifiable, and wholly out of proportion to the threat" posed by the Maute and Abu Sayyaf groups.

"Respondents failed to prove sufficient factual basis that rebellion or at the very least incidents similar to that in Marawi are simultaneously occurring in other parts of the island," the petition read.

The petitioners noted the capability to sow terror and cause death does not make a rebellion.

"Even if the recent attacks in Marawi City indeed prove the capacity of the Maute and 'other rebel groups' to sow terror and cause death in other parts of Mindanao, such capability does not provide the factual basis for the existence of rebellion and imposition of martial law in these 'other parts of Mindanao,'" they said.

The petition also said there is no "factual basis" that lawless violence similar to Marawi City exists in the rest of Mindanao--home to 20 million people-- and that public safety requires the imposition of martial law.

"Even if respondents managed to establish their absurd assertion that based on the violence in Marawi City, actual rebellion indeed exists in Mindanao, Proclamation No. 216 should fall for the failure of respondents to prove sufficient factual basis that public safety requires the imposition of martial law and suspension of the writ," the petition stated.

They also scored the government for not expounding on the identities of the other rebel groups and the "activities" being conducted that constitute rebellion.

The petitioners claimed that martial law in Mindanao endangers the peace process being undertaken by the government with the National Democratic Front of the Philippines and the Moro Islamic Liberation Front.

In the event the SC finds justification in declaring martial law in Marawi, the petitioners urge the justices to nullify its implementation in the rest of Mindanao.  

They also asked that their lawyers be allowed to participate in the oral arguments set for June 13 to 15 on the similar petition filed by five opposition congressmen led by Albay Rep. Edcel Lagman.

Two other petitions call on the SC to compel Congress to convene in joint session to scrutinize the martial law declaration. — RSJ, GMA News