SC right to uphold ML in Mindanao | Inquirer Opinion

SC right to uphold ML in Mindanao

/ 05:14 AM July 13, 2017

As an ordinary citizen who wants nothing more than a safe, peaceful and orderly society for myself and my family, I strongly agree with the decision promulgated by the Supreme Court on July 4, upholding President Duterte’s proclamation of martial law over the entire Mindanao. I humbly believe that the position taken by the Court on the issue truly exemplifies a unified stance which any government should assume when faced with public disorder and lawlessness, like the recent Marawi attacks. I am even more relieved to know that the Court has—as it always has—tilted the scales of justice to embrace objectivity, reason and compassion for the protection and welfare of the Filipino people.

President Duterte both has the power and duty to protect and safeguard the Filipino populace against acts of rebellion, terrorism and other forms of lawless violence. In fact, he is empowered under the 1987 Philippine Constitution to do so. Accordingly, “whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. Also, in case of invasion or rebellion, when the public safety requires it, he may likewise place the Philippines or any part thereof under martial law.”

Indeed, “whenever it becomes necessary.” Although I am not from Marawi and other conflict-stricken areas, I strongly believe that what the President did is but necessary and called for. It is devastating that some individuals, particularly the critics of the recently imposed martial rule, choose not to see the real and critical situation faced by our brothers and sisters, who have been trapped and distressed by the armed conflict instigated by the Maute group. While their sentiments and apprehensions should not outright be taken for granted, I humbly submit that the welfare of our distressed countrymen should be of paramount consideration.

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Lodging a petition before the Supreme Court in order to seek the invalidation of an executive measure that protects the people of Marawi and of the entire Mindanao against jeopardy on the ground of “lack of factual basis” is, to me, nothing but a motion bereft of any consideration and compassion at all. How much “factual basis” do they need in order to be convinced that martial law in Mindanao is anchored on true and actual necessity? Need our Marawi brothers and sisters suffer more just to provide justification for President Duterte’s executive act? Fortunately, objectivity prevailed and the Supreme Court took judicial notice of the real situation in Marawi and the threat to the rest of Mindanao.

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The decision to uphold the validity of Mr. Duterte’s martial law proclamation over the whole of Mindanao also demonstrates how the doctrine of the separation of powers and principle of check-and-balance are never hindrances to achieving a solid and stable stance against lawlessness and terrorism, to maintain peace and order in the country.

DIVINE S. OJEDA, [email protected]

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TAGS: Inquirer letters, Inquirer Opinion, Marawi siege, Mindanao martial law, Supreme Court

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