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Tag: PH Supreme Court

The dissenting voices

Of the four members of the Supreme Court who dissented from the majority decision upholding President Duterte’s declaration of Martial Law and suspension of the privilege of the writ of habeas corpus in the whole of Mindanao, three ( Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio T. Carpio, and Associate Justice Alfredo Benjamin S. Caguioa) supported him as far as Marawi City was concerned.

Senior Associate Justice Antonio T. Carpio
In his dissenting opinion, Carpio said, “Without question, the widespread killing of both government forces and innocent civilians, coupled with the destruction of government and private facilities, thereby depriving the whole population in Marawi City of basic necessities and services, endangered the public safety in the whole of Marawi City. Hence, with the concurrence of an actual rebellion and requirement of public safety, the President lawfully exercised his Commander-in-Chief powers to declare martial law and suspend the privilege of the writ in Marawi City.

“However, the same does not apply to the rest of Mindanao. Proclamation No. 216 and the President’s Report to Congress do not contain any evidence whatsoever of actual rebellion outside of Marawi.

“In fact, the Proclamation itself states that the Maute-Hapilon armed fighters in Marawi City intended to remove “this part of Mindanao,” referring to Marawi City, from Philippine sovereignty. The Proclamation itself admits that only ‘this part of Mindanao’ is the subject of separation from Philippine sovereignty by the rebels. The President’s Report did not mention any other city, province or territory in Mindanao, other than Marawi City, that had a similar public uprising by a rebel group, an element of actual rebellion. Thus, the President’s Report concludes that ‘based on various verified intelligence reports from the AFP and the PNP, there exists a strategic mass action of lawless armed groups in Marawi City.’ The President’s Report expressly states that the Maute-Hapilon armed fighters were waging rebellion first in Marawi City as a prelude or “precedent” to waging rebellion in the rest of Mindanao. This is a clear admission that the rebellion was only in Marawi City and had yet to spread to the rest of Mindanao. “

With SC decision, expect donations to flow into Grace Poe’s campaign

Grace Poe at International Women's Day in Liwasang Bonifacio
Grace Poe at International Women’s Day in Liwasang Bonifacio

It was an obviously elated Grace Poe that came to the Liwasang Bonifacio to celebrate International Women’s Day organized by the militant women’s group, Gabriela, yesterday.

She had just received word that the Supreme Court, voting 9-6, junked the disqualification decisions of the Commission on Elections on the issues of citizenship and residency and declared that she is qualified to run for the presidency of the Philippines.