NOTE: FILED TODAY, 27 DECEMBER 2017, AT 4:05 PM

Download: ML Extension Petition 

Rep. Edcel C. Lagman of Albay led the Magnificent 7 opposition group in filing today, December 27, 2017, a petition docketed as G.R. No. 235935 before the Supreme Court assailing the constitutionality of the one-year re-extension of martial law and of the suspension of the writ of habeas corpus in Mindanao effective January 1, 2018 to December 31, 2018.

The Petitioners also asked the Supreme Court to issue a temporary restraining order (TRO) or a writ of preliminary injunction to stop the implementation of the challenged re-extension pending adjudication of their petition.

The other petitioners are Reps. Tomasito S. Villarin, Edgar R. Erice, Teddy Brawner Baguilat, Jr., Gary C. Alejano and Emmanuel A. Billones. Rep. Raul Daza was unable to join the petitioners.

Named respondents are Senate President Aquilino Pimentel III, Speaker Pantaleon D. Alvarez, Executive Secretary Salvador C. Medialdea, Defense Secretary Delfin N. Lorenzana, Budget Secretary Benjamin E. Diokno and Armed Forces of the Philippines Chief-of-Staff General Rey Leonardo Guerrero.

The petitioners cited the following grounds for the nullification of the re-extension:

1. There is no actual rebellion in Mindanao to justify the re-extension;

2. Senate President Pimentel III and Speaker Alvarez, supported by the supermajority in both Chambers of Congress, unduly constricted the period of deliberation and interpellation on the subject extension so much so that the President’s request for extension was approved baselessly and with inordinate haste;

3. Threats of violence and terrorism by remnants of vanquished terrorist groups do not constitute a constitutional basis for extension of martial law because “imminent danger” has been deleted as a ground for imposing martial law under the 1987 Constitution.

4. The re-extension of one full year defies the unequivocal intent and mandate of the Constitution of having a limited duration of martial law and its extension.

5. The Constitution does not allow a series of extensions or re-extensions of a martial law proclamation, which may lead to “extensions in perpetuity”.

6. The congressional grant of re-extension has no factual anchorage and is afflicted by grave abuse of discretion.

7. The President as Commander-in-Chief has the power to call out the armed forces to prevent and subdue lawlessness by remnants of terrorist groups without extending martial law and the suspension of the writ of habeas corpus in Mindanao.

According to President Rodrigo Duterte and his defense, military and police advisers the “remnants” of terrorist groups have been monitored as “recruiting” new fighters and “regrouping” to launch new attacks.

As lead petitioner, Lagman underscored the following:

1. “Rebellion” or “invasion” is neither a state of mind or a state of fear. It must be actual, not contingent. It must be real, not contrived.

2. “Remnants” of vanquished terrorist groups do not have the capacity to launch a rebellion even as the government is molding them into apparent menacing ogres, instead of preempting them by ordinary military and police operations without the need for extending martial law.

3. Labi na nga, pilit pang binubuhay upang maghasik ng huwad na lagim. Pinalawig ang batas militar upang sugpuin ang mga tira-tira at reta-retaso.

4. Martial law cannot be extended in Mindanao simply to subdue residual phantoms.

5. The improvident extension of martial law and the suspension of the writ of habeas corpus against remnants of terrorist groups is akin to killing a fly with a sledgehammer.

The petitioners likewise asked the Supreme Court to accord judicial notice to the joint approval by both Houses of the Congress of the re-extension because until now a copy of the enrolled joint resolution is not available.

EDCEL C. LAGMAN

Download: ML Extension Petition