To me, three things stand out in the Supreme Court’s 11-4 decision upholding the legality and constitutionality of President Duterte’s May 23, 2017 proclamation of martial law in the entire island of Mindanao.
One, the humility of the high court in acknowledging that it must stay within the confines of its power and in accepting that ultimately it is the President of the Philippines who knows best when it comes to matters of security and territorial integrity. This it did without losing sight of its role in the checks and balances of democracy. This is greatness personified.
Two, the importance of Marawi in our national life and the court’s strategic view that the rebellion’s target is Mindanao.
Three, the call for national unity amid the crisis in the nation.
On the Supreme Court’s timidity towards judicial overreach, the writer of the decision, Justice Mariano del Castillo, stated, “Clearly, the power to determine the scope of territorial application belongs to the President.” “The Court cannot indulge in judicial legislation without violating the principle of separation of powers, and, hence, undermining the foundation of our republican system,” he stressed, adding:
“The Court is not equipped with the competence and logistical machinery to determine the strategical value of other places in the military’s efforts to quell the rebellion and restore peace. It would be engaging in an act of adventurism if it dares embark on a mission of deciphering the territorial metes and bounds of martial law. To be blunt about it, hours after the proclamation of martial law, none of the members of this Court could have divined that more than ten thousand souls would be forced to evacuate to Iligan and Cagayan de Oro and that the military would have to secure those places also; none of us could have predicted that Cayamora Maute would be arrested in Davao City or that his wife Ominta ‘ Romato Maute would be apprehended in Masiu, Lanao del Sur; and, none of us had an inkling that the Bangsamoro Islamic Freedom Fighters would launch an attack in Cotabato City. The Court has no military background and technical expertise to predict that. In the same manner, the Court lacks the technical capability to determine which part of Mindanao would best serve as forward operating base of the military in their present endeavor in Mindanao. Until now the Court is in a quandary and can only speculate whether the 60-day lifespan of Proclamation No. 216 could outlive the present hostilities in Mindanao. It is on this score that the Court should give the President sufficient leeway to address the peace and order problem in Mindanao.” “The declaration of martial law or the suspension of the privilege of the writ of habeas corpus is essentially an executive act.”
As to the center of the rebellion, the court said, “with a predominantly Muslim population, Marawi City is the only Islamic City of the South.”
On April 15, 1980, it was conferred the official title of “Islamic City of Marawi.” The city’s first name, “Dansalan,” “was derived from the word “dansal,” meaning a destination point or rendezvous. Literally, it also means arrival or coming. Marawi lies in the heart of Mindanao. In fact, the Kilometer Zero marker in Mindanao is found in Marawi City thereby making Marawi City the point of reference of all roads in Mindanao.
“Thus, there is reasonable basis to believe that Marawi is only the staging point of the rebellion, both for symbolic and strategic reasons. Marawi may not be the target but the whole of Mindanao. As mentioned in the Report, ‘[l]awless armed groups have historically used provinces adjoining Marawi City as escape routes, supply lines, and backdoor passages;’ there is also the plan to establish a wilayat in Mindanao by staging the siege of Marawi. The report that prior to May 23, 2017, Abdullah Maute had already dispatched some ofhis men to various places in Mindanao, such as Marawi, Iligan, and Cagayan de Oro for bombing operations, carnapping, and the murder of military and police personnel, must also be considered. Indeed, there is some semblance of truth to the contention that Marawi is only the start, and Mindanao the end.”
The court said: “Considering the widespread atrocities in Mindanao and the linkages established among rebel groups, the armed uprising that was initially staged in Marawi cannot be justified as confined only to Marawi. The Court therefore will not simply disregard the events that happened during the Davao City bombing, the Mamasapano massacre, the Zamboanga City siege, and the countless bombings in Cotabato, Sultan Kudarat, Sulu, and Basilan, among others. The Court cannot simply take the battle of Marawi in isolation. As a crime without predetermined bounds, the President has reasonable basis to believe that the declaration of martial law, as well as the suspension of the privilege of the writ of habeas corpus in the whole of Mindanao, is most necessary, effective, and called for by the circumstances.”
The court thus ruled that “the President did not err in believing that what is going on in Marawi City is one contemplated under the crime of rebellion.” “If it is political, such as for the purpose of severing the allegiance of Mindanao to the Philippine Government to establish a wilayat therein, the crime is rebellion.” The court also pointed out that rebellion and terrorism are not mutually exclusive.
Finally, the Supreme Court’s call for unity. It said:
“The Filipino people are confronted with a crisis of such magnitude and proportion that we all need to summon the spirit of unity and act as one undivided nation, if we are to overcome and prevail in the struggle at hand.”
The court noticed that “the siege in Marawi City has entered its second month and only God or Allah knows when it would end” and “to-date, 418 have died.”
It asked: “Can we not sheathe our swords and pause for a while to bury our dead, including our differences and prejudices?”
