Senate minority says martial law extension has no legal basis

Opposition senators on Tuesday said there is no constitutional basis to extend martial law in Mindanao, after security officials cited “psychological impact” on soldiers as one of its basis for recommending a one-year extension.

"We take the position that there is no constitutional and legal basis to extend martial law. It has no factual basis,” Senate Minority Leader Franklin Drilon said after attending a closed-door briefing with security officials.

"The factual conclusion was validated during the briefing wherein security forces said that the threat is continuing, that martial law has a psyhological impact on law enforcement. Unfortunately, these are not sufficient basis," Drilon said.

Senator Bam Aquino said that while the minority bloc fully supports the Armed Forces of the Philippines (AFP), it believes that the military can perform its duty in running after terrorist groups and lawless elements even without martial law.

"Yung sa suporta sa military, nandyan yan. Hindi 'yan pinagdedebatehan. Lahat ng senador at nasa Kongreso, handang tumulong," Aquino said.

"Ang tanong, kailangan ba ng martial law para magawa ng AFP 'yung kailangan na trabaho? Many of us feel and believe that they can do their jobs as they can do their jobs properly with or without martial law,” he added.

Aquino further said that the 1987 Constitution is clear on the basis for declaring martial law.

Under the 1987 Constitution, a martial law proclamation may be extended "for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it."

Duterte wrote a letter to Congress asking it to extend martial law in Mindanao until December 31, 2018.

Last July 22, Congress, in a special session, voted to approve Duterte’s request to extend martial law in Mindanao until December 31 of this year.

A 60-day martial law was initially declared in Mindanao on May 23 following the attack of the Maute terrorist group in Marawi City, resulting in an armed conflict that lasted for five months.

Justifying his request, Duterte cited threats from ISIS-inspired groups and "communist terrorists."

Senator Francis “Kiko” Pangilinan, meanwhile, pointed out that there is no ongoing firefight in Marawi City to warrant another extension.

“Mayroong bakbakan doon, mayroon siege, mayroon talagang actual na barilan kaya humihingi sila ng anim na buwan. Ngayon, wala ng bakbakan, wala ng siege, eh ang hinihingi nila isang taon," he said.

"Talagang dapat silang habulin pero hindi natin sila dapat habulin – yung mga lawbreakers – na tayo rin ay isasantabi natin yung ating mga batas," Pangilinan added.

Congress is scheduled to hold a joint session on Duterte’s request to extend martial law Wednesday at 9 a.m.

National Security Adviser Hermogenes Esperon Jr. explained that the “psychological” impact is only one of the reasons they cited during the briefing.

“By psychological, we mean it's really to the liking of majority of Mindanaons. There's not much objection to it, especially by Mindanao people,” Esperon said.

“Psychological, ano lang yun, that's one characteristic of martial law. But what are we trying to do in Mindanao, anong gusto natin? Defeat terrorism, pursue the war on drugs, reforms in the local level, and general reform, number four shepherd the peace process, number 5 pursue the much needed economic development,” he explained.

Also in attendance were Defense Secretary Delfin Lorenzana, AFP chief General Rey Guerrero, and Department of the Interior and Local Government Undersecretary Eduardo Año. —KBK, GMA News