The 17th Congress voted 235-28-1 on December 12 to reextend President Rodrigo Duterte’s martial law in Mindanao to yearend 2019, the 3rd extension which would stretch the proclamation to two years and 7 months if it pushes through.
Once again, the opposition bloc of the House of Representatives challenged the legality of the new extension. They filed their petition last January 4.
The group believes that extending martial law for the 3rd time “mocks” the 1987 Constitution.
The main factual question is whether there exists a state of rebellion to satisfy the constitutional requirement to declare martial law. President Rodrigo Duterte’s security officials claim, and an overwhelming majority of Congress believes, that rebellion persists in Mindanao.
The opposition would have to overcome not only that claim, but a previous ruling of the Supreme Court which gives Duterte an almost absolute discretion to claim a state of rebellion and declare martial law.
Duterte’s new appointees, Associate Justices Jose Reyes Jr, Ramon Paul Hernando and Rosmari Carandang, and possibly another one to replace Associate Justice Noel Tijam, would be considered swing votes.
Except for the new justices, only Associate Justices Antonio Carpio, Marvic Leonen, Francis Jardeleza and Benjamin Caguioa voted previously to either strike down martial law or limit it to select provinces in Mindanao.
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