CASE 2017-0025– REP. EDCEL C. LAGMAN, ET AL. VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, ET AL./EUFEMIA C. CULLAMAT, ET AL. VS. PRESIDENT RODRIGO DUTERTER, ET AL./NORKAYA S. MOHAMAD, ET AL. VS. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, ET AL. (G.R. NO. 231658/G.R. NO. 231771/G.R. NO. 231774. JULY 4, 2017, DEL CASTILLO, J.) (BRIEF TITLE: REP LAGMAN VS. EXECUTIVE SECRETARY MEDIALDEA)

 

DISPOSITIVE:

 

“WHEREFORE, the Court FINDS sufficient factual bases for the issuance of Proclamation No. 216 and DECLARES it as CONSTITUTIONAL. Accordingly, the consolidated Petitions are hereby DISMISSED.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

IT IS ARGUED THAT THE CRIME BEING COMMITTED IN MARAWI IS TERRORISM AND NOT REBELLION. THUS, THERE IS NO LEGAL BASIS FOR MARTIAL LAW SINCE THERE IS NO REBELLION. IS THIS ARGUMENT CORRECT?

 

IT IS NOT CORRECT.

 

REBELLION MAY BE SUBSUMED UNDER THE CRIME OF TERRORISM WHICH HAS A BROADER SCOPE. REBELLION IS ONLY ONE OF THE VARIOUS MEANS BY WHICH TERRORISM CAN BE COMMITTED.

 

“It is also of judicial notice that the insurgency in Mindanao has be’ n ongoing for decades. While some groups have sought legal and peace 1 means, others have resorted to violent extremism and terrorism. Rebellion may be subsumed under the crime of terrorism, which has a broader scope  covering a wide range of predicate crimes. In fact, rebellion is only one of the various means by which terrorism can be committed, However, while

the scope of terrorism may be comprehensive, its purpose is distinct and well-defined. The objective of a “‘terrorist” is to sow and create a condition of widespread fear among the populace in order to coerce the government to give in to an unlawful demand. This condition of widespread fear is traditionally achieved through bombing, kidnapping, mass killing, and beheading, among others. In contrast, the purpose of rebellion, as previously discussed, is political, i.e., (a) to remove from the allegiance to the Philippine Government or its laws: (i) the territory of the Philippines or any part thereof; (ii) any body of land, naval, or armed forces; or (b) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers and prerogatives.

 

In determining what crime was committed, we have to look into the main objective of the malefactors. If it is political, such as for the purpose of severing the allegiance of Mindanao to the Philippine Government to establish a wilayat therein, the crime is rebellion. If, on the other hand, the primary objective is to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand, the crime is terrorism. Here, we have already explained and ruled that the President did not err in believing that what is going on in Marawi City is one contemplated under the crime of rebellion.

 

In any case, even assuming that the insurgency in Marawi City can also be characterized as terrorism, the same will not in any manner affect Proclamation No. 216. Section 2 of Republic Act (RA) No. 9372, otherwise known as the Human Security Act of 2007 expressly provides that “[n]othing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government.” Thus, as long as the President complies with all the requirements of Section 18, Article VII, the existence of terrorism cannot prevent him from exercising his extraordinary power of proclaiming martial  law or suspending the privilege of the writ of habeas corpus. . . .”

 

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SCD-2017-0025- Rep. Edcel C. Lagman, et al. Vs. Executive Secretary Salvador C. Medialdea, et al

 

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