In Declaring Martial Law in Mindanao “President Duterte Has Reasonable Belief” -SolGen Calida

On the second day of the Supreme Court’s oral argument on martial law, Solicitor General Jose Calida asserts that reasonable belief should be the quantum of evidence since the declaration of martial law of the President enjoys the presumption of regularity.

This is when Justice Velasco asked the SolGen about what should be the quantum of evidence the Supreme Court used in resolving the issue on whether there is sufficient factual basis in the Proclamation 216.

During the rounds of interpellation, SolGen Calida has confidently raised a point against the assertion of the SC Chief Justice Sereno on the power of the Supreme Court to review the declaration of martial law by the President.

SolGen Calida elucidates that the Constitution gives the Supreme Court the power to review ONLY the sufficiency of the factual basis of the proclamation of martial law and NOT the necessity of the proclamation of such, as what Chief Justice Sereno argues for.

Chief Justice Sereno in her rebuttal to SolGen’s assertion goes through the wordings of Section 18, 1st paragraph, Article VII of the Constitution. The Chief Justice patiently attempts to persuade the SolGen that the power of the Supreme Court to review the sufficiency of the factual basis has something to do with the necessity to declare martial law.

The SolGen, however,  maintains his assertion explaining that the first paragraph of Section 18, Article VII defines the perspective of the President to declare martial law and not to the view of the Supreme Court in its power to review. SolGen Calida reiterates the view of the 3rd paragraph that pertains to the Supreme Court’s power to review the President’s declaration of martial law, which is limited only to the review of the sufficiency of the factual basis.

SolGen Calida before the adjournment firmly maintains the discretion of the President on his reasonable belief to declare martial law at that time that the President believes the public safety requires it. ▲


Source: Listening to the live audio feed by Philstar.
Image: Courtesy from SolGen Jose Calida Twitter page

Nota bene
: This is on the 2nd day of the oral argument at the Supreme Court regarding the declared martial law in Mindanao following the #MarawiSiege.


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About REGEL JAVINES

Former stringer for Allvoices and contributor for Yahoo. Had worked as an editor in publishing companies for years and so far has earned some units in MBA.
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