Opposition solons to question martial law extension before SC

“We are definitely filing a petition before the Supreme Court,” Albay Rep. Edcel Lagman said in a press conference. (Photo: Edcel “GREX” Lagman/Facebook)

MANILA — Opposition lawmakers belonging to the “Magnificent 7” bloc on Thursday expressed their intent to contest the full-year extension of martial law in Mindanao before the Supreme Court.

“We are definitely filing a petition before the Supreme Court,” Albay Rep. Edcel Lagman said in a press conference.

“I hope this time the Supreme Court will see that there is no factual and constitutional basis for the extension of the period of martial law,” he added.

A total of 240 members of Congress voted to approve to extend martial law in Mindanao, while only 27 voted against it. The approved extension will take effect beginning Jan. 1, 2018 until Dec. 31, 2018.

In his letter dated December 8, President Rodrigo Duterte asked Congress to further extend the declaration of martial law in the whole of Mindanao for the entirety of 2018 to totally eradicate terror threats posed by remnants of Islamic State (IS)-linked terrorists and by communist rebels in the region.

Lagman said the Constitution requires an actual state of rebellion, not just mere threats, for such proclamation of martial rule.

“They only constitute threats to violence and terrorism, these are not grounds for extending the martial law,” he said.

Lagman added that the period of one year is “inordinately long”, saying that any extension of the martial law declaration should not exceed 60 days as provided for in the Constitution.

“The duration of the martial law would be blatantly against the concept of the Constitution. Because the general rule is that there should be no declaration of martial law almost in perpetua,” he said.

He said an extension cannot be extended anymore as it will result in a series of extensions.

Lagman said they are still awaiting the issuance of Resolution of Both Houses 13, containing the martial law extension, as a principal document before raising the matter to the high court.

Other members of the Magnificent 7 bloc include Representatives Tom Villarin, Gary Alejano, Edgar Erice, Teddy Baguilat, Raul Daza, and Emmanuel Billones.