Like the expression goes, “Desperate times call for desperate measures.” As for the current administration, having a martial rule formally declared in only one of the major islands of the country is just one example of the government’s desperation.

Before Christmas last year, December 10, President Rodrigo Duterte asked the Congress for another extension of the martial law in Mindanao. Undoubtedly, it was a resounding “yes” from the legislators. The Senate and the House of Representatives voted for, against, and abstained with a tally of 235-28-1, respectively.

Countering the decision of the Congress, four consolidated petitions arguing the unconstitutionality of the said extension were filed by lawmakers led by Albay Rep. Edcel Lagman, Bayan Muna partylist Rep. Carlos Isagani Zarate, former Commission on Elections Chairman Christian Monsod, and Mindanao residents with the aid of the Free Legal Assistance Group. However, this was junked by the Supreme Court with a vote of 9-4 supporting the decision that the military rule over Mindanao has achieved significant progress in controlling rebellion and has caused Mindanao’s economic growth.

On the other hand, the petitioners said that there is a lack of factual basis regarding this extension. The bombing and human rights violations reported as caused by rebellions, were actually caused by the state forces and terrorism.

They argued that according to the 1987 Constitution, should the state declare martial law, it must undergo thorough review of the Supreme Court and Congress.

It would only be constitutionally legal to declare military rule in if there is an ongoing crisis or threat to the security and safety of the public. Going back, the case of Marawi Siege almost two years ago was the reason why the entire Mindanao was placed under martial law. However, although the war finished, the military rule has not been lifted yet. Instead of being an additional measure to protect the people, the tables have turned. The persisting military control over Mindanao has only intensified the attacks on human rights and has become a tool for the smooth entry of foreign private concessionaires for the exploitation of the natural resources of the lands.

This continuous extension of martial law does not only pose threat to Mindanao alone, but also affects the perception of safety and stability in the rest of the country. This is also being used by the administration as a stepping stone to the formalization of the current de facto martial law that we are experiencing now.

In Mindanao, the homes in Marawi that had not been destroyed during the siege have been demolished by the military under the guise of searching for ”rebels”. The people of the affected areas, as well as the Lumads, have been forced to evacuate from their ancestral lands due to bombings and other attacks perpetrated by the military.

Lumads, or the non-Muslim indigenous people in Mindanao, have had various heinous experiences under the military rule. Their schools were bombed, and teachers and students are being abducted, tortured, and killed. They were tagged as the “forefront” of recruiting rebels against the government, and it has been said that they are in “contact” with the leftist and revolutionary government in the Philippines. Now, these Lumad children are set up in Bakwit (evacuee) schools housed by various schools and institutions because they cannot continue their schooling in their respective lands due to the militarization brought on by the ongoing martial law.

Mindanao, home to a wide array of natural resources including minerals, has now been pillaged and plundered by foreign mining companies that only wish to “explore” the lands which will soon lead to exploitation. The military forces are being used to instill fear to people for them to leave, which only emphasizes that the administration only wants to serve its own interest and the interests of capitalists both in and out of the country.

And the Supreme Court’s decision to dismiss the petition regarding the constitutionality of martial law is the final nail in the coffin. It appears that all available measures have already been exhausted as the Congress, with its passing of the third extension martial law in Mindanao, has failed in its duty to prioritize the safety of Mindanao and its people, and the Supreme Court, which could possibly the last ray of hope that might just end the nightmare of the continuous military rule, has also let the people down.

This decision by the Supreme Court has not just killed the hope of ending martial law. It also translates that it has failed to fulfill its duty to check and balance the Legislative and Executive branches. It is already evident that the Senate and the Congress is under President Duterte’s thumb with its continuous approval of the fascist maneuvers that Duterte is executing. With the two other branches blindly following the Executive’s orders, it is a sign that an dictatorship is truly already at hand.