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SolGen defends martial law: Marawi siege 'a pivotal event'

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Ina Reformina, ABS-CBN News

<p>&quot;[T]he siege of Marawi City on 23 May 2017 is a pivotal event in a grander scheme to dismember Mindanao from the rest of the Philippine territory and pledge its allegiance to the Islamic State of Iraq and Syria (ISIS).&quot;</p><p>So argued the Office of the Solicitor General (OSG), as it defended President Duterte&#x27;s Proclamation No. 216 declaring martial law in Mindanao and suspending the privilege of the writ of habeas corpus.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/24/17/duterte-privilege-of-the-writ-of-habeas-corpus-suspended-in-mindanao">READ: Duterte: Privilege of the writ of habeas corpus suspended in Mindanao</a></li></ul><p>The OSG submitted to the Supreme Court (SC) on Monday its consolidated comment on three petitions seeking the nullification of the proclamation, separately filed by several minority congressmen led by Albay Representative Edcel Lagman, militant congressmen and activists, and four female residents of war-torn Marawi City.</p><p>Duterte signed the proclamation after local terror group Maute group waged attacks on the predominantly Muslim city.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/06/09/17/duterte-says-not-proud-of-declaring-martial-law">READ: Duterte says &#x27;not proud&#x27; of declaring martial law</a></li></ul><p>On Monday, Philippine Independence Day, the battle for control of the city between state forces and the terrorists entered its 20th day, with scores of casualties recorded from both sides.</p><p>The 45-page OSG comment urged the high court to dismiss the three consolidated petitions, as it stood by the factual bases for the issuance of Proclamation No. 216.</p><div><strong>THE PRESIDENT HAD SUFFICIENT FACTUAL BASES</strong></div><p>The OSG explained Mr. Duterte relied on military intelligence reports which established the presence of the constitutionally required conditions under Article VII, Section 18 for the declaration of martial law or suspension of the privilege of the habeas corpus writ namely, (1) there must be an invasion or rebellion, and (2) public safety must require the proclamation or suspension.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/24/17/read-proclamation-of-martial-law-in-mindanao">READ: Proclamation of martial law in Mindanao</a></li></ul><p>&quot;The facts relied on by President Duterte for the issuance of Proclamation No. 216 sufficiently establish the existence of a rebellion in Mindanao. ISIS-inspired local rebel groups have taken arms against the Philippine government for the purposes of removing Mindanao from its allegiance, and of depriving the chief executive of his powers and prerogatives therein,&quot; the OSG said.</p><p>The OSG explained the Maute group, named after a family from Lanao del Sur, has banded with three other local radical terrorist organizations responsible for &quot;rebellious activities in various parts of Mindanao.&quot; </p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/focus/06/12/17/the-maute-brothers-southeast-asias-islamist-time-bomb">READ: The Maute brothers: Southeast Asia&#x27;s Islamist &#x27;time bomb&#x27;</a></li></ul><div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2017/news/06/12/bullet-holes-marawi1-rtr-061217.jpg?ext=.jpg"/><figcaption><div class="embed-desc">A bullet hole is seen on an abandoned hospital door in Marawi City. <cite>Reuters</cite></div></figcaption></figure></div><p>These are: the Abu Sayyaf Group (ASG) from Basilan headed by fugitive Isnilon Hapilon; the AKP (formerly known as the Maguid group) from Sarangani and Sultan Kudarat; and the Bangsamoro Islamic Freedom Fighters (BIFF), mainly composed of rogue members of the Moro Islamic Liberation Front (MILF).</p><p>&quot;As early as November 2014, the ISIS has reported that a number of Islamic extremist groups in the Philippines had already pledged their allegiance to the caliphate and the Khalifa al-Baghdadi.</p><p>&quot;The pledge of the ASG, Maute Group, AKP and BIFF to the caliphate and the Khalifa al-Baghdadi was further confirmed in another ISIS report in April 2016 which announced the appointment of ASG leader Hapilon as the emir of all Islamic State forces in the Philippines,&quot; the OSG said.</p><p>Hapilon&#x27;s appointment, made known in a June 21, 2016 video entitled &quot;The Solid Structure&quot; released by ISIS where Hapilon was hailed as &quot;the mujahid authorized to lead the soldiers of the Islamic State in the Philippines,&quot; unified the four terrorist groups under the ISIS flag, the OSG further explained.</p><figure class="op-interactive"><div id="IVS_ABS_Body_Video_1_Container"> <ivs-player id="IVS_ABS_Body_Video_1" data-ivs-spid="3001339" data-ivs-key="e8c22c015ca9eafa76f1e3edfa03c603" data-ivs-vid="1452672" data-ivs-floating="1"></ivs-player> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/iframe-parent.js"></script> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/loader.js"></script> </div></figure><p>&quot;[T]he four rebel groups find their roots and have solidified their membership base in different provinces and cities in Mindanao, and the success of establishing a wilayah in Mindanao demands a consolidation of their efforts; hence, the need to appoint one &#x27;head&#x27; mujahid in the person of Hapilon as emir,&quot; the OSG said.</p><p>The OSG told the high court a symbolic ritual was even performed by Hapilon&#x27;s group on December 31, 2016, for the purpose of uniting with the ISIS-inspired rebel groups in mainland Mindanao.</p><div><strong>UNIFIED PLEDGE TO ISIS</strong></div><p>The OSG stressed this &quot;unified pledge&quot; of the four local rebel groups to ISIS is a consolidation of their efforts to establish a wilayah (administrative division or region) in Mindanao, with the Marawi siege &quot;setting the stage for this purpose.&quot;</p><p>The ISIS-inspired rebel groups chose Marawi City as the &quot;starting point of its efforts&quot; to establish a wilayah in Mindanao, as part of an action plan to stage &quot;widespread atrocities and uprisings all across Mindanao&quot; directed towards gaining ISIS approval or recognition, the OSG stated.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/focus/05/25/17/how-a-botched-raid-led-to-martial-law-in-mindanao">READ: How a botched raid led to martial law in Mindanao</a></li></ul><p>In a video recording recovered by the Armed Forces of the Philippines, Hapilon, the Maute brothers, and other unidentified ISIS- inspired local rebels were planning the attacks in Marawi as a prelude for another attack outside of the said city.</p><p>&quot;Marawi is an Islamic City located at the heart of Mindanao. Aside from its cultural and religious significance to Muslims, it is an urban area that is within reach of nearby provinces and cities through major thoroughfares.&#x27;</p><p>&quot;Hoisting the ISIS flag in Marawi City, therefore, is not as innocuous as Lagman, et al. (petitioners) paint it to be. Contrary to their claim that it is &#x27;cheap propaganda,&#x27; the act of planting the ISIS flag on Marawi soil is a manifestation of the rebel groups&#x27; firm resolve to dismember the Philippine territory and remove Marawi, and ultimately, Mindanao, from its allegiance to the Philippine government,&quot; the OSG said.</p><p>This disputes the claim of petitioners that the siege on the city is merely a form of resistance to government&#x27;s pursuit of Hapilon, who has outstanding warrants of arrest, the OSG maintained, pointing out the organized manner the terrorists took to position themselves in different parts of the city.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/06/12/17/blasts-rock-besieged-marawi-as-ph-marks-independence-day">READ: Blasts rock besieged Marawi as PH marks Independence Day</a></li></ul><p>On May 23, some 500 ISIS-inspired terrorists took to the streets of Marawi and occupied strategic positions in the city.</p><p>&quot;Armed men marched along the streets and swiftly occupied strategic positions throughout the city. Snipers positioned themselves atop high rise buildings and began shooting on government troops. The rebels were equipped with large arsenal of military hardware, including RPGs that can destroy tanks and inexhaustible amount of ammunition for high-powered assault rifles.</p><p>&quot;Consistent with their planned rebellion, the rebels occupied establishments in the city, like the Amai Pakpak Medical Center. They also burned the Marawi city jail and released its prisoners. The rebels ransacked and burned down the Dansalan College, the Our Lady of Help Cathedral, and a Land Bank of the Philippines branch. They mercilessly kidnapped and killed teachers and other innocent civilians,&quot; the OSG said.</p><p>Military intelligence later revealed the terrorists intended &quot;to raze the entire city of Marawi on the day of Ramadan, or on 26 May 2017&quot; so that the siege on Marawi would serve as a &quot;precursor for other terrorist groups to stage their own uprising across Mindanao in a bid to simultaneously establish a wilayah in the region,&quot; a plan foiled when government troops conducted a raid in pursuit of Hapilon in Basak Malutlut.</p><p>This government operation &quot;forced the rebels to prematurely execute the Marawi siege,&quot; the OSG further explained.</p><div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2017/news/06/12/bullet-holes-marawi2-rtr-061217.jpg?ext=.jpg"/><figcaption><div class="embed-desc">A military truck driving past an abandoned hospital is seen through its window full of bullet holes in Marawi City. <cite>Reuters</cite></div></figcaption></figure></div><div><strong>DAVAO BOMBING</strong></div><p>The OSG also stressed that even prior to the Marawi siege, ISIS-inspired local rebel groups had already launched a series of attacks in other parts of Mindanao &quot;indicating a concerted action and community of interest between and among these rebels.&quot;</p><div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/news-special1/nation/9/4/090416_blast.jpg"/><figcaption><div class="embed-desc">Rescuers carry a body bag after an explosion at a market in Davao City. <cite>Agence France Presse</cite></div></figcaption></figure></div><p>These attacks include the following:</p><p>- Davao City night market bombing on September 2, 2016, which left 15 civilians dead and 67 others injured, an attack attributed to the ASG;</p><p>- November 5, 2016 abduction of a German national, Juergen Kantner, and killing of his wife, Sabine Merz, also reportedly by the ASG;</p><p>- Hilongos town plaza bombing on December 28, 2016 by the Maute Group, injuring 34 people;</p><p>- grenade blast at the provincial office of Shariff Maguindanao on December 28, 2016 by members of the BIFF;</p><p>- improvised explosive device (IED) explosion on January 13, 2017 in Barangay Campo Uno, Basilan, killing one civilian and injuring another;</p><p>- ASG kidnapping of 3 Indonesian crew members near Bakungan Island, Tawi-Tawi on January 19, 2017;</p><p>- IED explosion on January 29, 2017 perpetrated by the ASG in Barangay Danapah, Basilan, resulting in the death of 2 children and the wounding of 3 others;</p><p>- ambush on 2 military officers by the Maute group on February 16, 2017;</p><p>- 11 separate IED explosions perpetrated by the BIFF in various parts of Mindanao from February to May 2017, resulting in the death and wounding of several individuals;</p><p>- ASG&#x27;s beheading of their kidnap victim, Kantner, in Sulu on 26, February 2017;</p><p>- the April 11, 2017 attacks on Inabanga Bohol by the ASG;<br/>- ASG&#x27;s beheading of its Filipino kidnap victim, Noel Besconde, on April 13, 2017; and</p><p>- ASG&#x27;s beheading of kidnapped SSg. Anni Siraji.</p><p>The OSG also cited AFP intelligence reports disclosing that Abdullah Maute dispatched his followers to Marawi, Iligan City, and Cagayan de Oro City as early as April 18, 2017 &quot;to conduct bombing operations, carnapping, and &#x27;liquidation&#x27; of AFP and PNP personnel in these areas.&quot;</p><div><strong>ENDANGERING PUBLIC SAFETY</strong></div><p>Aside from the breakdown of law and order caused by the terrorists&#x27; siege on the city, the OSG explained that the release of at least 107 inmates from the Marawi City Jail resulted in a deprivation of President Duterte&#x27;s power, through the Department of the Interior and Local Government (DILG) and Bureau of Jail Management and Penology (BJMP), to keep these prisoners in custody.</p><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/05/24/17/maute-group-frees-more-than-100-prisoners-from-marawi-city-jail">READ: Maute group frees more than 100 prisoners from Marawi City Jail</a></li></ul><p>Taken as a whole, with primary consideration for the vast number of innocent civilians affected in the Marawi siege, the OSG stressed that the President&#x27;s swift and decisive action was needed in the interest of public safety.</p><p>&quot;The occupation of Marawi through the establishment of roadblocks around the city, and the destruction of schools, hospitals and churches, further require the proclamation of martial law. Through Proclamation No. 216, President Duterte has tapped the armed forces to deliver basic services to the people of Marawi, a function that the civilian government cannot, as of the moment, perform,&quot; the OSG said.</p><p>The OSG also accused petitioners of having filed petitions that suffer from &quot;fatal procedural defects that warrant their outright dismissal,&quot; and failure to allege grave abuse of discretion on the part of President Duterte in issuing Proclamation No. 216.</p><p>During Monday&#x27;s preliminary conference in preparation for Tuesday&#x27;s start of oral arguments on the case, the OSG urged the SC to hold executive sessions, in place of an open hearing, when matters involving national security arise.</p><p>Petitioners, for their part, reserved their right to oppose if they deem that these issues may be discussed in open hearing.</p><p>The SC also directed defense and military officials to attend the oral arguments so they may be called upon at any time during the hearings.</p><p>The oral arguments will be extended to Wednesday and Thursday.</p><p>The SC has 30 days to resolve the consolidated petitions, as mandated in the Constitution.</p>

<p>The Office of the Solicitor General defended Monday President Duterte's Proclamation No. 216 declaring martial law in Mindanao, saying the siege of Marawi City that sparked the declaration is a pivotal event in the scheme to dismember Mindanao from the rest of the Philippines.</p>

The Office of the Solicitor General defended Monday President Duterte's Proclamation No. 216 declaring martial law in Mindanao, saying the siege of Marawi City that sparked the declaration is a pivotal event in the scheme to dismember Mindanao from the rest of the Philippines.

SolGen defends martial law: Marawi siege 'a pivotal event'

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SolGen defends martial law: Marawi siege 'a pivotal event'

Ina Reformina,

ABS-CBN News

Published Jun 12, 2017 06:25 PM PHT

Read More:

rodrigo duterte

duterte

solicitor general

marawi

martial law

habeas corpus

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