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Category: Governance

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. “

President Duterte is alive!

Photo by Rouelle Umali for Xinhua News

After a six-day absence, President Duterte re-appeared at the Eid-al-ftir celebration in Malacañang Tuesday evening.
That ended grim speculations that prompted Presidential spokesman Ernesto Abella to assure the public earlier in the days that the President is “alive and well.”

In a press briefing, Abella allayed concerns about the Duterte’s prolonged absence from public activities saying, “First and foremost, he is alive and well. He is very well. He is just busy doing what he really needs to do. The President, you know, as you‘ve seen, he’s been very much in the public eye; but being out of the public eye, that is when he is able to really do all his work – he signs papers, he reads, he consults, he’s actually very busy.”

One of the issues raised about Duterte’s mysterious absence is that there is an ongoing war in Marawi City which prompted him to declare Martial Law in Mindanao, one of the extreme measures reserved for a president to deal with emergency situation. And he disappears from the national scene!

Malacañang releases photo to prove Pres. Duterte is not sick and is working

Malacanang press statement:

PRRD at the Villamor Air Base and Bahay ng Pagbabago

President Rodrigo Roa Duterte is welcomed by Philippine Air Forces officials during his visit at Villamor Air Base in Pasay City on June 15, 2017. Moreover, to quell rumors that the President is sick, Special Assistant to the President Bong Go shared photos of the President working in Bahay ng Pagbabago.

Pres. Duterte arrives at Villamor Airbase Thursday, June 15. Malacanang photo.

Magdalo: No affiliation with Maute

Update May 31, 2017:

Antonio “Sonny” Trillanes IV
“During the security briefing, I asked Sec. Lorenzana based on their intel reports, if I or the Magdalo group is linked in any way with the Maute? He answered, ‘No, Mr. Senator. Na receive din namin ang information na galing daw kay Abe Purugganan. Hindi totoo yun. Hindi namin pinansin yun.'”

Rep. Gary C. Alejano when he filed impeachment complaint against President Duterte last March.

Rep. Gary C. Alejano of the Magdalo Party-list denounced as malicious and irresponsible the reports being spread by a former undersecretary in the Arroyo administration linking their organization to the Maute Group whose terrorist campaign in Marawi City President Duterte said compelled him to declare Martial Law in Mindanao on May 23.

“This is the height of irresponsibility of those involved in spreading this fake and malicious information especially in this trying times when our brothers and sisters in Marawi need all the support from the Filipino people. I categorically deny that Magdalo is involved in any terroristic acts or is affiliated with any terrorist groups. The intelligence community could affirm this as we have constant engagements with them,” Alejano, speaking for the group, said in a statement.

Sen. Antonio Trillanes IV, one of the officials of the political organization, said “it is obviously a black propaganda, a very vicious one.” He said he will address the issue after a scheduled briefing by military officials for senators on Monday.

Duterte: Maute Group committed act of rebellion in Marawi City

This story first came out in VERA Files. Please click here to see complete Martial Law declaration Report.

For more VERA Files report about Martial Law in Mindanao please click to links below:
Martial Law in Mindanao: A timeline

VERA Files Fact Sheet: Explaining Martial Law

Duterte allies in Congress support Martial Law; opposition calls for vigilance

Pres.Rodrigo Roa Duterte signs the report he submitted to Congress for declaring martial law and suspending the writ of habeas corpus in Mindanao on the sidelines of the special Cabinet meeting at the Presidential Guest House in Davao City on May 25, 2017. Malacañang photo.

President Rodrigo Duterte has called the clashes in Marawi City between the Maute group and government forces an act of rebellion, which is one of the justifications for the imposition of Martial Law and the suspension of the writ of habeas corpus under the Constitution.

The other justification is “invasion.”

In a seven -page report he submitted Thursday to Senate President Aquilino Pimentel III and House Speaker Pantaleon D. Alvarez, following his declaration of Martial Law in Mindanao May 23 while he was on a working visit to Russia , Duterte said, “While the government is presently conducting legitimate operations to address the on-going rebellion, if not the seeds of invasion, public safety necessitates the continued implementation of martial law and the suspension of the privilege of the writ of habeas corpus in the whole of Mindanao until such time that the rebellion is completely quelled.”

“I will be harsh”- Duterte declares martial law in Mindanao

Click here: Know your rights under Martial Law

Photo from Mocha Uson blog
Photo from Mocha Uson blog

What makes me happy.. I’m sad, but what makes me happy that I was able to have a last minute.. Hindi last minute but it was almost an hour, a last minute meeting with President Putin and I was able to communicate all the things that I wanted to tell him. Maganda naman ang ano, positive naman ang…

Mga kababayan natin.. Do not be too scared. I’m going home, I’m cutting my visit here to be with my countrymen and I will deal with the problem once I arrive. But let me just tell everybody that I have declared martial law for Mindanao. How long, well, how.. it would take a year to do, then, we’ll do it. If it’s over within a month, I’d be happy. Pero ang martial law is martial law ah. So kayong mga kababayan ko, you have experienced martial law. It could not be any different from what the President Marcos did. I’d be.. I’d be harsh. I was asked one time during the campaign doon sa La Salle, I was asked how I would deal with terrorism, I said I will be harsh. Sinabi ko nga sa lahat eh, do not force my hand into it. I have to do it to preserve the Republic of the Philippines and the Filipino people.

Justice Carpio tells Duterte to bring to UN Xi’s threat to go to war

Senior Associate Justice Antonio T. Carpio
Senior Associate Justice Antonio T. Carpio

Senior Associate Justice Antonio T. Carpio said today the Philippines can to bring to the United Nations the matter of China’s President Xi Jinping threatening President Duterte that China would wage war if the Philippines starts drilling oil in disputed areas in the South China Sea.

In a statement, Carpio said: “The threat of China to go to war against the Philippines if the Philippines extracts oil and gas in the Reed Bank, or in any area within Philippine EEZ in the West Philippine Sea, is a gross violation of the United Nations Charter, UNCLOS, and the Treaty of Amity and Cooperation in Southeast Asia to which China and the Philippines are parties. As a nation that under its Constitution has renounced war as an instrument of national policy, the Philippines’ recourse is to bring China’s threat of war to another UNCLOS arbitral tribunal, to secure an order directing China to comply with the ruling of the UNCLOS arbitral tribunal that declared the Reed Bank part of Philippine EEZ. The Philippines can also ask for damages for every day of delay that the Philippines is prevented by China from exploiting Philippine EEZ. “

Duterte forgoes EU aid, sticks to his ‘kill, kill’ policy

EU ambassador Franz Jessen lead celebration of Europe Day in the Philippines last May 9.
EU ambassador Franz Jessen lead celebration of Europe Day in the Philippines last May 9.

President Duterte’s solution to the country’s problems is “kill, kill.”

The 28-member state European Union has made it clear that they will not allow their money to be used to kill people.

Anticipating a removal of the Philippine’s favored status under EU’s Generalized Scheme of Preferences wherein tariff on Philippine goods for export to the EU is lowered or removed based on the Philippine government’s compliance with at least 27 agreements and treaties on human rights, labor, environment and governance, the Duterte government announced that it will no longer receive aid from EU.

ICC will be the next battleground

Rep. Gary Alejano during the House Justice Committee hearing on the impeachment complaint against Pres. Duterte. Photo from Philippine Star.
Rep. Gary Alejano during the House Justice Committee hearing on the impeachment complaint against Pres. Duterte. Photo from Philippine Star.

It was not surprising that the Malacañang-friendly congressmen killed without much fuss the impeachment complaint against President Duterte filed by Magdalo Rep. Gary Alejano Monday.

Sen. Antonio Trillanes IV, also a member of the Magdalo group (which started as a group of young military officers advocating for reforms in the military), lamented the quick dismissal of the impeachment rap saying that the members of the House Justice committee didn’t even study the content of the complaint when they decided that although it was sufficient in form, it was not sufficient in substance.

But Trillanes, one of the few who dare oppose Duterte, said it’s not the end of the quest for a better government for the Filipino people.

In fact, the dismissal of impeachment complaint would even bolster the communication filed by lawyer Jude Sabio against Duterte before the International Criminal Court in The Hague.