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SC dismisses petitions vs martial law

By REY PANALIGAN

Eleven of the 15 justices of the Supreme Court (SC) voted yesterday to dismiss the three petitions against President Duterte’s Proclamation No. 216 in a decision that, in effect, declared constitutional the imposition of martial law and suspension of the privilege of the writ of habeas corpus in Mindanao for 60 days.

Three justices voted to partially grant the petitions, while one justice voted to grant totally the petitions during the SC’s regular full court session yesterday.

No details of the ruling like who wrote the decision, who concurred, who voted to grant partially, and who voted to grant the petitions were announced by SC Spokesman Theodore O. Te.

In his press briefer, Te said:

“In the matter of the consolidated petitions…, the Court dismissed the petitions by a vote of 11 of its members; three members voted to partially grant the petitions, and one member voted to grant the petitions.

“All 15 justices have submitted their respective opinions, whether concurring or dissenting. All opinions will be submitted by tomorrow” (today, Wednesday).

The first case against the constitutionality of Proclamation No. 216 for alleged lack of sufficient basis was filed by the group of Rep. Edcel C. Lagman last June 5.

Under Article VII, Section 18 of the Constitution, the SC is mandated “to review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.”

The 30-day period for the SC to resolve the first petition expires today.

After the petition filed by the group of Lagman, two more petitions were filed by the groups led by Lumad leader Eufemia Campos Cullamat and the women of Marawi City led by Norkaya Mohamad.

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