The narrative around martial law in the Philippines and its continued existence for the foreseeable future, is that the rebellion, which the Supreme Court ruled exists, has not yet been put down. But did the Supreme Court rule that a state of rebellion exists because of the attack on Marawi or did they rule that a state of rebellion exists in Mindanao even without that qualification? Calida thinks it is the latter and that arguing over whether "actual rebellion" exists or not is unproductive and besides the point. A state of rebellion exists in Mindanao even without the qualification of the Marawi siege.
Calida argued that contesting the issue of whether or not there was actual rebellion “sets a bad precedent for endless suits and runs counter to the principle of judicial economy.”
“Inasmuch as the Court already ruled in Lagman and Padilla that the President had sufficient factual basis to show that actual rebellion does exist in Mindanao, such issue can no longer be raised in the present Petition,” he said.
Moreover, in a separate statement, Calida explained that the proclamation of martial law was “entirely different” from the act of extending it.
“The declaration of martial law is an act of the President. The extension, on the other hand, is the prerogative of the Congress,” Calida said.
The essence of his argument rest on two key points: the SC ruled that rebellion exists in Mindanao and extensions are not the same as a proclamation and as such the SC has no say in the matter when it comes to extensions.
“The Court cannot, in the absence of any express or implied prohibition in the 1987 Constitution, prevent the Congress from granting further extensions of the proclamation or suspension,” Calida said in his 99-page memorandum sent to the SC on Wednesday, January 24.
Calida said further extensions are possible “for as long as the Congress believes that the invasion or rebellion continues to exist, and the public safety requires it.”
“The period for which the Congress can extend the proclamation of martial law and suspension of the privilege of the writ of habeas corpus is a matter that the august body can itself define, unshackled by any predetermined length of time, contrary to the petitioners’ erroneous submission,” the solicitor general said.
Will the Supreme Court buy into this line of reasoning and approve the extension? If they deny the extension will Duterte, Calida, and the AFP ignore the Supreme Court since they believe the SC has no say in the matter? We will find out by February 12th at the latest.
Until then it's business as usual in Mindanao.
Same old violence and same old proposed solution to said violence.
The push to create an autonomous Muslim region in Mindanao extends back to 1976 when Marcos and the MNLF entered into an agreement to create an autonomous Muslim region in Mindanao.
The 1976 Tripoli Agreement was signed on December 23, 1976 in Tripoli, Libya by Carmelo Z. Barbero, representing the Government of the Philippines and Nur Misuari of the Moro National Liberation Front. The agreement defined autonomous administrative divisions for Muslims in the southern Philippines, the establishment of an autonomous government, judicial system for Sharia law and special security forces, and the observance of a ceasefire. The autonomous region was to have its own economic system, including an Islamic bank.
https://en.wikipedia.org/wiki/1976_Tripoli_Agreement
This plan did not go through as agreed to and violence ensued. It was not until 1987 that Cory Aquino and the MNLF signed the Jeddah Accord which discussed the proposal of autonomy in the Muslim areas of Mindanao.
The Jeddah Accord was signed on January 3-4, 1987 in Jeddah, Saudi Arabia by Aquilino Pimentel Jr., representing the Government of the Philippines and Nur Misuari of the Moro National Liberation Front. The two panels agreed upon the continued discussion of the proposal of the grant of full autonomy to Mindanao, Basilan, Sulu, Tawi-Tawi and Palawan subject to democratic processes.
https://en.wikipedia.org/wiki/Jeddah_Accord
Finally in 1989 the Autonomous Region in Mulism Mindanao was established. The establishment of this region was supposed to mean the end of violence yet violence continues to plague the region. Call me crazy but I don't think all this violence is over the form of government in the region. The Muslims already have self-rule. Limited self-rule but self-rule nonetheless. What more do they want? They want independence. They want freedom. But freedom from the Philippines won't mean freedom from themselves. And that is the problem. Them. They, the Muslim inhabitants of the ARMM, are the problem. Rido killings, revenge murders, honour killings, blood debts and blood oaths, the peaceful tenants of the religion of peace has left a trail of corpses centuries long and there is no end in sight. The Muslims don't care about the dirty kaffir and they don't care about each other either. If there was any sense of brotherhood and community in the ARMM between Muslism there would be peace. But there is no peace.
The BBL is a scam. The ARMM did not work and now with even more terrorist groups the passage of the BBL will only mean more violence as each groups fights for power. It's comical when terrorist groups like MILF plead that the BBL will stop violence but it is downright treasonous when Senators are not only pushing this same line but also using blackmail tactics.
Senators Sonny Angara and Juan Miguel Zubiri on Friday challenged government officials and those who oppose the Bangsamoro Basic Law (BBL) to go and personally check the war-torn Marawi City so they could witness first-hand the actual struggle of the Bangsamoro people.
(To those who oppose Bangsamoro Basic Law, please visit Marawi City. You don’t want this to happen in your city. To end the extremist violence, please visit Marawi City and you will see that you don’t want the same thing to happen to you.)
(To those who oppose BBL, you should be prepared to fight. They should be the one to prepare to fight against the terrorists who will arrive.)
You really have to wonder if they believe or even know what they are saying. Visit Marawi to witness the struggle of the Bangsamoro people? What exactly is the nature of the struggle they are supposed to witness? Usually struggle is psychological and nuanced but apparently the Bangsomoro people are dealing with something very visible. Why not just tell us all what it is? Not everyone can make it to Marawi.
Ah yes Marawi. The war-torn Marawi City is only ONE of hundreds of cities in the ARMM. Marawi, Cotabato, Lanao del Sur, Zamboanaga City, and countless brangays and puroks and other settlements throughout the land are filled with the struggling Bangsamoro people. Have these Senators visited those places and talked to those people and witnessed their struggles? Of course people in Marawi are struggling. The entire city was pulverised and thousands of people were displaced. Is trying to reestablish normal life patterns after five months of war "the actual struggle of the Bangsamoro people" of which these Senators speak?
To top it all off they threaten the nation with war. You don't like the BBL? Well then be prepared to fight against the terrorists who will arrive. But if they will arrive if there is no BBL what's to stop them if there is a BBL? Again they don't say. They never say. Just believe them. A new political entity governed by the same old corrupt politicians will surely end extremism and violence. Promise.
In 2011 the Philippine government declared the ARMM a failed experiment.
Why would the BBL be any different?
As the AFP continues its operations while waiting for the Supreme Court decision ISIS is allegedly making great inroads.
Islamist insurgents looted cash, gold and jewellery worth tens of millions of dollars when they occupied a southern Philippines town last year, treasure one of their leaders has used to recruit around 250 fighters for fresh attacks.
Allegedly Humam Abdul Najib took millions and has been able to recruit more fighters who will ultimately launch another Marawi type attack. It sounds like the intelligence gathering capabilities of the AFP are working just fine. Let us hope that if they do learn of an impeding attack on any city they will act accordingly and preempt any violence.
Najib has been very active in the Islamic fight against peace, love, and happiness.
Najib is a hardened fighter and cleric who studied in the Middle East and reportedly trained with militants in Afghanistan, they say.
He co-founded Khalifa Islamiyah Mindanao, an insurgent group formed in about 2012 that launched a series of bombings in Mindanao.
"He is a very, very important person because he has been there from the start," said Banlaoi.
Najib had links to Al-Qaeda, which earned him the nickname "al Zarqawi of the Philippines", a reference to the slain leader of Al Qaeda in Iraq (AQI), Abu Musab al Zarqawi. AQI morphed into ISIS, to which Najib pledged allegiance in 2014.
Being that he is a cleric it should be obvious that his goals are more religious and less political. Naturally any political ideals will flow from his religious values. Founding a separate religious state in Mindanao is the goal of the group he co-founded, Khalifa Islamiyah Mindanao.
The Khalifa Islamiah Mindanao has been fighting for the declaration of Mindanao as a separate religious state.
https://www.trackingterrorism.org/group/khalifa-islamic-mindanao-kim
I wager he would not have a high opinion of the BBL.
Where will all this lead in the future? If the Supreme Court rules against the extension of martial law and there is huge attack will the nation blame the lack of martial law? What if they rule in favour and there is a large attack? Who or what will be blamed then? Does the AFP need martial law to find this guy? They have been looking since at least 2013 and have not apprehended him yet. In fact he slipped through their fingers in Marawi.
Plenty of men slipped through their fingers in the early days of the Marawi battle and plenty more have been recruited into the folds of ISIS. But whatever happens in Mindanao life will continue to keep on keeping on.
Take that terrorists! It's still probably better to avoid the place though.
“Avoid Mindanao. There’s still martial law there,” Mr. Duterte said in a brief meeting with Indian entrepreneurs interested in investing in the Philippines.
“But it’s a martial law that’s not really a martial law. It is a martial law for the enemies of the state,” the Philippine leader said.
That won't increase hotel revenue!
