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.
“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. “
