SC affirms constitutionality of martial law in Mindanao

FILE: Supreme Court of the Philippines (Photo: Philippine News Agency)

The Supreme Court on Tuesday has upheld the constitutionality of President Rodrigo Duterte’s declaration of martial law in the entire region of Mindanao.

The en banc, voting 10-3-1, denied with finality for “mootness and lack of merit” all three Motions for Reconsideration against the Court’s earlier ruling that affirmed the constitutionality of placing Mindanao under martial law.

Moot means a subject has already been decided and the court no longer has to resolve it.

The decision was penned by Associate Justice Mariano Del Castillo.

Those voted to deny the motions and uphold the decision were: Associate Justices Presbitero Velasco Jr, Lucas Bersamin, Mariano del Castillo, Diosdado Peralta, Teresita Leonardo-de Castro, Estela Perlas-Bernabe, Noel Tijam and Samuel Martires.

Meanwhile, Chief Justice Maria Lourdes Sereno and Associate Justice Benjamin Caguioa voted to declare martial law and suspend the privilege of writ of habeas corpus only in Lanao del Sur, Maguindanao, and Sulu only.

Senior Associate Justice Antonio Carpio also voted that martial law should be limited to Marawi City only.

Associate Justice Marvic Leonen was the lone justice who voted to nullify Duterte’s declaration of martial law in Mindanao.

Leonen said the violence disseminated by the terrorists group in Marawi City was overstated by the government, saying it was “far-fetched, when it could be nothing but fake news.”

Associate Justice Francis Jardeleza was on leave and did not participate in the voting.

The war between the government armed forces and the Islamic State-inspired Maute group prompted Duterte to declare martial law in the entire island of Mindanao on May 23.

Congress has decided to extend martial law in Mindanao until the end of the year.