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SC denies reconsideration pleas against martial law in Mindanao

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Supreme Court
Inside the Philippine Supreme Court -- BW FILE PHOTO

THE SUPREME Court (SC), voting 10-3-1 at yesterday’s en banc session, denied with finality all three motions for reconsideration on its earlier decision upholding the declaration of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao.

The high court’s majority ruling was based on “mootness and lack of merit.”

“In the matter of the consolidated Petitions in G.R. No. 231658 (Representatives Edcel C. Lagman, Tomasito S. Villarin, Gary C. Alejano, Emmanuel A. Billones, and Teddy Brawner Baguilat, Jr. v. Hon. Salvador C. Medialdea, Executive Secretary, Hon. Delfin N. Lorenzana, Secretary of National Defense and Martial Law Administrator; and General Eduardo Año, Chief of Staff of the Armed Forces of the Philippines and Martial Law Implementor), G.R. No. 231771 (Eufemia Campos Cullamat, et al. v. President Rodrigo Roa Duterte, et al.), and G.R. No. 231774 (Norkaya S. Mohamad,et al. v. Executive Secretary Salvador C. Medialdea, et al.), the Court, voting 10-3-1 (Jardeleza,J., on leave, did not leave vote), denied with finality for mootness and lack of merit all three Motions for Reconsideration filed by petitioners from the Court’s Decision dated 4 July 2017,” the SC said in a media briefer.

The 10 members of the SC who voted to dismiss were: Associate Justices Presbitero J. Velasco,Jr., Teresita J. Leonardo-De Castro, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. Del Castillo (ponente), Estela M. Perlas-Bernabe, Samuel R. Martires, Noel G. Tijam, Bienvenido L. Reyes and Alexander Gesmundo.

Meanwhile, Chief Justice Maria Lourdes P.A. Sereno and Justice Alfredo Benjamin S. Caguioa voted to grant in part, pointing out that there is sufficient factual basis for martial law and suspension of the privilege of the writ of habeas corpus in three provinces only: Lanao del Sur, Maguindanao, and Sulu.

Senior Associate Justice Antonio T. Carpio also voted to grant in part, but reasoned out that there is sufficient factual basis only for Marawi City.

Justice Marvic Mario Victor F. Leonen gave the lone vote in favor of the motions for reconsideration. — Andrea Louise E. San Juan

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