SC's Bersamin says Trust Duterte on martial law

'I am willing to presume good faith' on the part of government, says Associate Justice Lucas Bersamin

MANILA, Philippines – Just "trust the good judgment of the President," Supreme Court (SC) Associate Justice Lucas Bersamin said during oral arguments on Tuesday, June 13, if petitioners are unable to produce proof showing there is insufficient basis to declare martial law.

"I believe that the proclamation may be sufficient," Bersamin said, adding that he is willing to presume good faith and regularity on the part of government in the absence of evidence indicating otherwise.

During his interpellation of lawyer Ephraim Cortez during Day 1 of oral arguments on President Rodrigo Duterte's declaration of martial law in Mindanao, Bersamin emphasized that the burden of proof of showing the proclamation is invalid falls on the petitioners.

"Make an argument on the burden of proof," Bersamin told Cortez, "because this is a big thing for me." He grilled Cortez, asking him what standard of proof the High Court should impose – is it the magnitude of killing, damage to property, magnitude of violence, or the number of bodies?

"What do we need to review? You are not providing us material to review," Bersamin told Cortez, who maintained that because of the SC's constitutional power to review the basis of martial law, it can compel even Duterte to provide the necessary information.

"I cannot compel the President, you know that very well," Bersamin retorted.

Bersamin got Cortez to agree that in the absence of a clear standard, the determination of whether there is sufficient basis for the declaration of martial law is up to the good judgment of the High Court.

Bersamin followed with: "You leave that to the good judgment of the court, as you would leave the proclamation of martial law to the good judgment of the President." 

Source: Rappler