Bayan Muna Partylist Rep. Carlos Isagani Zarate, Anakpawis Partylist Rep. Ariel Casilao and Akbayan Partylist Rep. Tomasito Villarin (davaotoday.com)
DAVAO CITY, Philippines — The Congress has spoken and it granted the extension of Martial Law in Mindanao to December 31 this year.
A total of 245 members of the House and 16 senators voted separately to extend Martial Law while only 14 House members and four senators rejected the extension.
Majority of the lawmakers who are from Mindanao voted in favor and only three Partylist lawmakers from Mindanao opposed it. They were Akbayan Partylist Rep. Tomasito Villarin, Anakpawis Partylist Rep. Ariel Casilao and Bayan Muna Partylist Rep. Carlos Isagani Zarate. All of them are from Davao City.
This means that all 59 district representatives of Mindanao were in favor of extending martial law.
Meanwhile, Senate Minority Leader Franklin Drilon, Senators Francis Pangilinan, Risa Hontiveros, and Bam Aquino voted no to the extension of Martial Law.
Sad day for democracy
In a statement, Villarin said: “It is a sad day for democracy and rule of law.”
“Martial Law extension, while vested in Congress, gives a false appreciation and an unbridled application of the recent SC decision. It is false as it does not vest extra powers to the President,” he said.
Davao-based militant lawmaker Casilao said the push for Martial Law extension violates the constitution which provides for the basis of the declaration of martial law in case of “invasion or rebellion” and when the public requires it.
“There must be an actual rebellion before you can declare martial law,” he said.
“It seems the military has not yet overcome the previous orientation of a Martial Law during the 1970s,” Casilao added.
Section 18, Article VII of the 1987 Constitution also cites that the period of implementation of martial law must not exceed 60 days.
Casilao said a number of cases are already filed in different government agencies which shows cases of human rights abuse committed during the martial law. He said these cases are not limited to Marawi City, Lanao del Sur, but also in various places in Mindanao.
Operational guidelines
Meanwhile, Zarate questioned the operational guidelines of the military which, he said, should follow the constitution and what the original Proclamation 216 – the declaration of martial law in Mindanao signed by President Rodrigo Duterte on May 23, that Martial Law can be declared based on an actual invasion.
“Hindi ho sinabi sa Saligang Batas na pwedeng magkaroon ng Martial Law halimbawang may cases of major natural disasters na nakalagay sa operational guidelines or during conflicts or cases of occupations, etcetera. Ito po ang ating pinangangambahan dito (The law did not say that we can have Martial Law in cases of a major natural disaster that is included in your operational guidelines or during conflicts or cases of occupations, etcetera),” Zarate said.
Unjustified
Senator Drilon also saw no evidence to justify the extension of martial law.
He said the request of the president “mentioned only 10 out of 27 provinces in Mindanao.”
“Martial law should be limited to those places where actual rebellion continues to exist,” he said.
He said he is confident that the military can resolve the crisis in a shorter period of time without needing to stretch martial law implementation until the end of the year.
Drilon expressed concern that extending martial law might lead to its nationwide implementation.
The special joint session was held after President Rodrigo Duterte wrote on July 18 the leaders of the House and Senate urging them to extend Martial Law in Mindanao until December 31 “or for such period of time as the Congress may determine.”
Duterte cited as reason that 60-day martial law cannot quell the existing rebellion in Mindanao completely. Duterte said the recommendation of the duration of extending martial law until the end of the year came from the military. (davaotoday.com)
