Martial law in Mindanao is constitutional. This is what the government expects the Supreme Court (SC) to declare on Tuesday, when members of the High Court cast their votes on the legality of the martial-law declaration in the whole of southern Philippines.
Defense Secretary Delfin S. Lorenzana on Monday said he is positive the SC will rule Proclamation 216 of President Duterte as constitutional. “I, for one, is very confident that the Supreme Court will rule on the legality of martial law in Mindanao because I saw it [has basis],” Lorenzana said.
Lorenzana added he, along with martial-law chief implementer Eduardo M. Año, has briefed the SC en banc about the grounds of legality of the military rule. “What they [justices] are looking at are factual basis, if the declaration really has basis, and I believe we have sufficiently or competently answered all the questions on the basis of martial law,” the defense chief said.
“[Tuesday] is the day that they [justices] are going to promulgate the ruling. I look forward to seeing that they will say that it is legal for the President to declare martial law in the first place,” Lorenzana added.
A number of lawmakers, including administration critic Party-list Rep. Gary C. Alejano of Magdalo, have questioned the constitutionality of Proclamation 216, challenging the presidential declaration before the SC. They said the SC should lift the military rule in Mindanao, as there was no invasion or rebellion endangering public safety to justify martial law.
Marawi City in Lanao del Sur is currently ground zero, after Islamist militants on May 23 laid siege on the city in a bid to establish a caliphate in Southeast Asia. Government troops have since then been engaged in a headlock with the terrorists for more than a month now, leaving 459 people dead, as of Monday.
In response, Duterte declared martial law in the whole of Mindanao to spoil what he said to be a fast-growing threat of Islamist militancy on the island. As challengers to his declaration mounted, Duterte said he would ignore the ruling of the SC and would only listen to ground forces as to when the military rule should be lifted. Last Saturday the Chief Executive said he would jail anyone who go against his martial-law declaration, including members of the SC, who have constitutional oversight. “It’s not dependent on the whim of the Supreme Court. Should I believe them? When I see the situation is still chaotic and you ask me to lift it? I will arrest you and put you behind bars,” Duterte said.