REPRESENTATIVES EDCEL LAGMAN, TOMASITO S. VILLARIN, EDGAR R.

ERICE, TEDDY BRAWNER BAGUILAT, JR., GARY C. ALEJANO, AND EMMANUEL

A. BILLONES, Petitioners, vs. SENATE PRESIDENT AQUILINO PIMENTEL III,
SPEAKER PANTALEON D. ALVAREZ, EXECUTIVE SECRETARY SALVADOR C.
MEDIALDEA, DEFENSE SECRETARY DELFIN N. LORENZANA, BUDGET
SECRETARY BENJAMIN E. DIOKNO AND ARMED FORCES OF THE PHILIPPINES
CHIEF OF STAFF GENERAL REY LEONARDO GUERRERO, Respondents.

GR Nos. 235935, 236061, 236145, 236155

February 6, 2018

TOPIC: martial law extension

PONENTE: Tijam

FACTS:

These are consolidated petitions assailing the constitutionality of the extension of the proclamation
of martial law and suspension of the writ of habeas corpus in the entire Mindanao for one year
from January 1 to December 31, 2018.

On May 23, 2017, President Rodrigo Roa Duterte issued Proclamation No. 216, declaring a state
of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao
for a period not exceeding sixty (60) days, to address the rebellion mounted by members of the
Maute Group and Abu Sayyaf Group (ASG).

On May 25, 2017, within the 48-hour period set in Section 18, Article VII of the Constitution, the
President submitted to the Senate and the House of Representatives his written Report, citing the
events and reasons that impelled him to issue Proclamation No. 216. Thereafter, the Senate adopted
P.S. Resolution No. 388 while the House of Representatives issued House Resolution No. 1050,
both expressing full support to the Proclamation and finding no cause to revoke the same.

On July 18, 2017, the President requested the Congress to extend the effectivity of Proclamation
No. 216. In a Special Joint Session on July 22, 2017, the Congress adopted Resolution of Both
Houses No. 2 extending Proclamation No. 216 until December 31, 2017.

In a letter to the President, through Defense Secretary Lorenzana, AFP Chief of Staff General
Guerrero, recommended the further extension of martial law and suspension of the privilege of the
writ of habeas corpus in the entire Mindanao for one year beginning January 1, 2018 “for
compelling reasons based on current security assessment.”

On the basis of this security assessment, Secretary Lorenzana wrote a similar recommendation to
the President “primarily to ensure total eradication of DAESH-inspired Da’awatul Islamiyah
Waliyatul Masriq (DIWM), other like-minded Local/Foreign Terrorist Groups (L/FTGs) and
Armed Lawless Groups (ALGs), and the communist terrorists (CTs) and their coddlers, supporters
and financiers, and to ensure speedy rehabilitation, recovery and reconstruction efforts in Marawi,
and the attainment of lasting peace, stability, economic development and prosperity in Mindanao.”

Acting on said recommendations, the President, in a letter dated December 8, 2017, asked both the
Senate and the House of Representatives to further extend the proclamation of martial law and the
suspension of the privilege of the writ of habeas corpus in the entire Mindanao for one year, from
January 1, 2018 to December 31, 2018, or for such period as the Congress may determine.

On December 13, 2017, the Senate and the House of Representatives, in a joint session, adopted
Resolution of Both Houses No. 4 further extending the period of martial law and suspension of the
privilege of the writ of habeas corpus in the entire Mindanao for one year, from January 1, 2018
to December 31, 2018.