The Supreme Court, voting 11-3-1, has declared President Rodrigo Duterte’s Proclamation No. 216 or “Declaring a state of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao” constitutional.
In a report leaked to the Manila Times from the en banc deliberations of the high court on Tuesday, 11 justices, led by its ponente (author), Justice Mariano del Castillo, ruled that there was sufficient factual basis for Duterte’s proclamation.
There was no grave abuse on the part of Duterte when he declared martial law and there was sufficient factual basis for Proclamation No. 216.
Only Justice Marvic Leonen presented a dissenting opinion and favored the petitions to junk martial law.
On the other hand, Chief Maria Lourdes Aranal-Sereno, Justices Antonio Carpio, and Benjamin Caguioa, ruled to partly grant the petitions and limit the territorial coverage of martial law to certain geographical areas only and not the entire Mindanao.
The petitions against martial rule was filed by opposition lawmakers at the House of Representatives, led by Edcel Lagman, Tomasito Villarin, Gary Alejano, Emmanuel Billones and Teddy Brawner Baguilat, Jr.
Another consolidated petition was filed by activists and militant lawmakers, led by ACT Teachers’ Party-list, Gabriela Women’s Party-list, and Kabataan Party-list; and four female Marawi City residents, led by Norway Mohamad.