By Rey Panaligan
The Supreme Court, voting 10-5, yesterday declared constitutional President Duterte’s extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until Dec. 31 this year.
Ten justices, led by Noel G. Tijam, who also wrote the decision, voted in favor of the extension. Five justices dissented.
Those who concurred include Justices Presbitero J. Velasco Jr., Teresita J. Leonardo-De Castro, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. del Castillo, Estela M. Perlas Bernabe, Samuel R. Martires, Andres B. Reyes Jr., and Alexander G. Gesmundo.
The dissenters were Chief Justice Maria Lourdes P.A. Sereno, Senior Justice Antonio T. Carpio, and Justices Marvic M.V.F. Leonen, Francis H. Jardeleza and Alfredo Benjamin S. Caguioa.
In a press briefing, SC spokesman Theodore O. Te said, “The President and Congress had sufficient factual bases to extend Proclamation No. 216. The rebellion that spawned the Marawi incident persists. Public safety requires the extension, as shown by facts presented by the AFP (Armed Forces of the Philippines).”
Martial law was first imposed by President Duterte for 60 days starting May 23 last year through Proclamation No. 216, following the attack of the Maute Group in Marawi City.
It was extended by Congress until Dec. 31, 2017 upon the request of the President.
Another request by the President to extend the same until Dec. 31 this year was received favorably by the House of Representatives and the Senate who voted 240-27 for the extension.