SOLICITOR General Jose Calida on Sunday defended the one-year extension of the martial law declaration in Mindanao, saying it was necessary despite the end of the rebellion in Marawi staged by the Maute terrorist group.
He disputed the arguments raised in the petition in the Supreme Court filed last week by opposition lawmakers led by Albay Rep. Edcel Lagman.
“In fact, the rebellion staged by various secessionist, jihadist, terrorist and communist groups in various places in Mindanao has been festering for several decades now. The argument that this rebellion can be quelled in 60 days is asinine,” Calida said.
“Anyone who doubts the necessity of the extension should visit the various strongholds of the rebellious groups scattered all over Mindanao.”
Calida also rejected the petitioners’ argument that, since the Constitution limits the period for the declaration of martial law, its one-year extension is “unwarranted, oppressively long and patently unconstitutional.”
“He [Lagman] should concede that the Supreme Court already decided that martial law and the suspension of the privilege of the writ of habeas corpus covered the entire Mindanao,” Calida said.
He said there was “no provision in the Constitution that limits the period of [the martial law] extension to 60 days only.”
“The only criteria: that the invasion of rebellion shall persist and that public safety requires it,” Calida said.
He also said the validity of the extension of martial law had already been resolved by Congress as provided in the Constitution.
“The 1987 Constitution vested Congress with the authority to extend the proclamation of martial law and the suspension of the writ of habeas corpus for a period to be determined by it,” Calida said. “This is a political question as it is a controversy which revolves around policy choices and value determinations constitutionally committed to the executive or legislative branches for resolution.”
President Rodrigo Duterte cited the threats posed by extremists and the “continuing crime” of rebellion by the New People’s Army in his request for a one-year extension of martial law in Mindanao that Congress approved through a 240-27 vote earlier last month.
In their petition, Lagman and company asked the high court to issue a temporary restraining order “before the effectivity on Jan. 1, 2017, of the challenged re-extension” of martial law.
The others who signed as petitioners were Reps. Tomasito Villarin (Akbayan Citizens’ Action party-list), Edgar Erice (Caloocan City, 2nd District), Teddy Baguilat Jr. (Ifugao), Gary Alejano (Magdalo party-list) and Emmanuel Billones (Capiz, 1st District).
