THE Supreme Court on Tuesday ordered the consolidation of the three petitions assailing the constitutionality of the third extension of the imposition of martial law and the suspension of the privilege of the writ of habeas corpus in the entire Mindanao region.
This was confirmed by Court Administrator and Spokesman Jose Midas Marquez following the Court’s regular en banc session on Tuesday.
The Court has also directed the Office of the Solicitor General (OSG) on behalf of the respondents to file its comment on the two new petitions.
The two new petitions were filed by former Commission on Elections Chairman and Constitutionalist Christian Monsod and the Makabayan-bloc in the House of Representatives led by the Bayan Muna party-list group.
These two petitions are now consolidated with the first petition filed by opposition legislators led by Albay First District Rep. Edcel C. Lagman.
Named respondents in the petitions were both Houses of Congress, the Departments of National Defense (DND) and Local Government (DILG), the Armed Forces of the Philippines, the Philippines National Police, National Security Adviser Hermogenes Esperon Jr., and Executive Secretary Salvador C. Medialdea.
It can be recalled that the Court has moved from January 22 and 23 to January 29 the conduct of the oral arguments on the issue following the filing of more petitions questioning the legality of martial-law extension until December 2019 under President Duterte’s Proclamation 261.
The petitioners argued that the extension of martial law is unconstitutional as it failed to satisfy public safety requirement under the 1987 Constitution.
They noted that based on its review of President Duterte’s letter to Congress seeking a third extension of martial law in Mindanao showed the absence of vital facts that would prove that public safety has been seriously threatened to require the continued implementation of martial law and the suspension of the writ of habeas corpus.
Furthermore, the petitioners claimed that Congress failed to exercise its power and duty to check the martial-law powers of the President.
The Mindanao region was first placed under martial law by President Duterte in May 2017 to flush out terrorists belonging to the Daesh-inspired Maute Group who took over several barangays in Marawi City.
The siege ended with the killing of Abu Sayyaf leader Isnilon Hapilon and Maute group leader Omar Maute five months after.
The implementation of martial law extended by Congress, first was from July 22 to December 31, 2017, and the second was from December 31 last year to December 31, 2019.
On December 12, Congress voted 235-28 with one abstention to re-extend the martial law in the region up to the end of this year.