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Christie Joi C. Navallasca 4A Senior Associate Justice Antonio Carpio's Dissenting Opinion Facts

1) President Duterte issued Proclamation No. 216 declaring martial law and suspending habeas corpus in the entire Mindanao region for 60 days in response to the Marawi City siege by Islamic State-linked rebels. 2) Justice Carpio's dissenting opinion found that while there was sufficient basis for these measures in Marawi City due to the ongoing rebellion, the proclamation lacked sufficient factual basis to justify extending it to the entire Mindanao region outside of Marawi. 3) The proclamation and report to Congress did not provide any evidence of actual rebellions occurring outside of Marawi City, and rebels' mere capability or intent to rebel elsewhere did not meet the constitutional standard of "actual

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58 views1 page

Christie Joi C. Navallasca 4A Senior Associate Justice Antonio Carpio's Dissenting Opinion Facts

1) President Duterte issued Proclamation No. 216 declaring martial law and suspending habeas corpus in the entire Mindanao region for 60 days in response to the Marawi City siege by Islamic State-linked rebels. 2) Justice Carpio's dissenting opinion found that while there was sufficient basis for these measures in Marawi City due to the ongoing rebellion, the proclamation lacked sufficient factual basis to justify extending it to the entire Mindanao region outside of Marawi. 3) The proclamation and report to Congress did not provide any evidence of actual rebellions occurring outside of Marawi City, and rebels' mere capability or intent to rebel elsewhere did not meet the constitutional standard of "actual

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christie joi
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Christie Joi C.

Navallasca 4A
Senior Associate Justice Antonio Carpio's Dissenting Opinion
Facts:
May 23, 2017, President Rodrigo Roa Duterte issued Proclamation No. 216 and for a
period not exceeding 60 days, a state of Martial Law and suspending the Writ of Habeas Corpus
in the whole of Mindanao. Within the timeline set by Section 18, Article VII of the Constitution,
the President submitted to Congress on May 25, 2017, a written Report on the factual basis of
Proclamation No.216. The report pointed out that for decades, Mindanao has been plagued with
rebellion and lawless violence which only escalated and worsened with the passing of time.
After the submissions of the Report and the briefings, the Senate issued a resolution
expressing full support to the martial law proclamation and finding Proclamation No. 216 to be
satisfactory, constitutional and in accordance with the law. In the same resolution, the senate
declared that it found no compelling reason to revoke the same. The House of Representatives
likewise issued a resolution expressing its full support to the President, as it finds no reason to
revoke Proclamation No. 216. Invoking the third paragraph of Section 18, Article VII of the
Constitution, various citizens filed several petitions, essentially invoking the Court’s specific and
special jurisprudence to review the sufficiency of the factual basis of Proclamation No. 216, and
seeking to nullify Proclamation No. 216 for being unconstitutional because it lacks sufficient
factual basis.
Issue:
The threshold issue before the Court is whether there is sufficient factual basis for the
issuance of Proclamation No.216 based in the stringent requirements set forth in Section 18,
Article VII of the 1987 Constitution.
Discussion:
Paragraph 3, Section 18, Article VII of the 1987 Constitution uses the phrase “sufficiency
of the factual basis,” which means that the declaration must not only have factual basis, but the
factual basis must also be sufficient. This rules out the “grave abuse of discretion amounting to
lack or excess of jurisdiction” standard as the latter requires absence of factual basis. Justice
Carpio pointed out that probable cause exists that there is actual rebellion and that public safety
requires the declaration of martial law and suspension of the privilege of the writ in Marawi City,
but not elsewhere. 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 City. The Proclamation itself admits that only “this part of
Mindanao” is the subject of separation from the 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.
Proclamation No. 216 also attempts to justify the declaration of martial law and suspension of
the privilege of. the writ in the whole of Mindanao by citing the capability of the Maute-Hapilon
group and other rebel groups to sow terror, and cause death and damage to property, not only in
Marawi City but also in other parts of Mindanao. Of the same tenor, the President's Report
considers the siege of Marawi City as a precedent or starting point to the spread of control by the
Maute-Hapilon group over the entire Mindanao. This clearly violates the 1987 Constitution.
Capability to rebel, absent an actual rebellion or invasion, is not a ground to declare martial law
or suspend the privilege of the writ under the 1987 Constitution. Respondents cannot rely on the
Maute-Hapilon group's intention to establish an Islamic State in the whole of Mindanao or even
on its capability to deprive duly constituted authorities of their powers as a justification to the
imposition of martial law or suspension of the writ in the other areas of Mindanao where there is
in fact no actual rebellion.

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