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Ex-CHR chair questions extended Mindanao martial law before SC

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Ina Reformina, ABS-CBN News

<figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/AR04l6DwUZY?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>MANILA - Former Commission on Human Rights chairperson Loretta Ann Rosales on Friday filed the third petition against the one-year extension of martial law in Mindanao before the Supreme Court.<blockquote class="twitter-tweet" data-lang="en">Pic2: Former CHR chair Etta Rosales files petition before the Supreme Court vs one year extension of Mindanao ML. Her petition is the 3rd pleading urging the SC to invalidate the extension. <a href="https://t.co/cPRfKAwJts">pic.twitter.com/cPRfKAwJts</a>— Ina Reformina (@InaReformina) <a href="https://twitter.com/InaReformina/status/951636910052491264?ref_src=twsrc%5Etfw">January 12, 2018</a></blockquote><script async="" src="https://platform.twitter.com/widgets.js" charSet="utf-8" type="text/javascript"></script><ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/01/08/18/fresh-challenge-vs-martial-law-filed-before-sc">Fresh challenge vs martial law filed before SC</a></li></ul>Rosales joined opposition to the one-year extension of the declaration of martial law and suspension of the privilege of the writ of habeas corpus in Mindanao, as she urged its nullification.Rosales argued that “[a]bsent an actual invasion or rebellion, there can be no sufficient factual basis for the continued imposition of martial law in Mindanao.”<blockquote class="twitter-tweet" data-lang="en">Former CHR chair Etta Rosales files petition before the Supreme Court vs one year extension of Mindanao ML. Her petition is the 3rd pleading urging the SC to invalidate the extension. <a href="https://t.co/9WCw2XUNkq">pic.twitter.com/9WCw2XUNkq</a>— Ina Reformina (@InaReformina) <a href="https://twitter.com/InaReformina/status/951636630888005632?ref_src=twsrc%5Etfw">January 12, 2018</a></blockquote><script async="" src="https://platform.twitter.com/widgets.js" charSet="utf-8" type="text/javascript"></script>“[M]artial law is the law for the theater of war, where there is a need to supplant or supplement civilian law with military law. This assumes that when there is a fighting in an area, civil courts are unable to function and the President, as commander-in-chief, has the authority to issue orders which have the effect of law but only in that area,” her 35-page petition read.“Thus, in the absence of an actual invasion or actual rebellion, necessarily, there is no factual basis for extending martial law precisely because there is no need to supplant or supplement civilian law with military law,” it further stated. Rosales’ petition stressed martial law cannot be imposed or extended “for preventive reasons.”Sought for comment, Presidential Spokesman Harry Roque welcomed the challenge to the extended martial law declaration in Mindanao.&quot;We welcome the challenge but the 2 branches of government - the executive and the legislative- have already found factual and legal basis for the declaration of martial law,&quot; he told reporters. President Duterte resorted to the extraordinary constitutional powers on May 23, 2017 after ISIS-inspired Maute local terror group waged a series of attacks in Marawi City. The declaration was supposed to lapse in 60 days, but was extended up to December 31 of the same year as Congress met in joint session in July to approve the request. The subsequent one-year extension was requested by Mr. Duterte, upon the assessment and recommendation of the military and police following reported intensified recruitment activities by the terrorists. The second extension was approved by Congress on December 13, 2017. <ul class="op-related-articles">	<li><a href="http://news.abs-cbn.com/news/12/13/17/congress-extends-mindanao-martial-law-until-end-of-2018">Congress extends Mindanao martial law until end of 2018</a></li>	<li><a href="http://news.abs-cbn.com/news/12/11/17/duterte-cites-terror-threat-npas-in-requesting-extended-martial-law">Duterte cites terror threat, NPAs in requesting extended martial law</a></li></ul>Rosales’ counsel, former Solicitor General Florin Hilbay, said that while the police and military’s recommendation for the “continued use of police and military force over enemies of the state” is valid, it did not justify the continued imposition of martial rule. “Walang kinalaman yun doon sa need to impose restraints on the civilian population; the recommendation is valid, but not for the purpose of extending martial law,” he explained. Hilbay also pointed out that it is high time for the high court to “clearly define martial law,” as he stressed the ruling in the Lagman, et al. case, which challenged the factual basis for the original proclamation, failed to do so.The Lagman ruling upheld the factual basis for the May 23 proclamation.“They (SC justices) have allowed the president to exercise [extraordinary] powers but they haven’t defined what martial law is all about... our petition seeks to answer that question and, therefore provide a clarification of the concept ,” Hilbay said.Rosales is hoping that her petition will be consolidated with those of the group of minority congressmen, led by Albay Representative Edcel Lagman, and militant party-list lawmakers from the so-called Makabayan bloc.The high court set oral arguments on the two earlier filed petitions on January 16 and 17.

Former Commission on Human Rights chairperson Loretta Ann Rosales on Friday filed the third petition against the one-year extension of martial law in Mindanao before the Supreme Court.

Former Commission on Human Rights chairperson Loretta Ann Rosales on Friday filed the third petition against the one-year extension of martial law in Mindanao before the Supreme Court.

Ex-CHR chair questions extended Mindanao martial law before SC

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Ex-CHR chair questions extended Mindanao martial law before SC

Ina Reformina,

ABS-CBN News

Published January 12, 2018 12:04 PM PHT

|

Updated May 07, 2019 05:38 PM PHT

Read More:

Loretta Rosales

martial law

Mindanao martial law

Supreme Court

florin hilbay

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