Deliberate on martial law declaration, Congress urged

MANILA, Philippines — Sen. Francis "Kiko" Pangilinan on Thursday called on Congress to conduct a joint session on the declaration of martial law and the suspension of the privilege of writ of habeas corpus in Mindanao.

"With all due respect to our esteemed colleagues, Congress must hold a joint session on the declaration of martial law and the suspension of the privilege of writ of habeas corpus — in a public and transparent manner and in an official proceeding," Pangilinan said in a statement.

The senator made the appeal following President Rodrigo Duterte's proclamation of martial law and suspension of the writ of habeas corpus after clashes between government forces and terrorist groups left 44 people dead and several others hurt.  

READ: Duterte to fly back to Manila with Mindanao under martial law l Habeas corpus in Mindanao suspended, says Duterte

A writ of habeas corpus, which means “to produce the body,” is an order to deliver or present the body of a detained person. It allows a person to question or challenge an unlawful imprisonment before a court.

The 1987 Constitution requires that the writ be suspended separately from the declaration of martial law. It states that the suspension of the writ applies "only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion."

Pangilinan, the president of the Liberal Party, suggested that the Congress can go into executive session if "very sensitive matters may compromise the ongoing operations and safety" of security forces.

While Article 7 Section 18 of the Constitution does not mandate Congress to approve the two extraordinary executive powers declared by Duterte, the senator said that people have the right to be informed of "matters of interest."

"It is legally untenable that revoking the declaration and thereby sparing our citizens from the infringement of their rights must be done in a joint public session, while allowing it to remain uncontested with the rights of millions curtailed or diminished need not be done in an official proceeding," Pangilinan said.

"We urge Congress leaders to rethink their position and convene the joint session of Congress," he added.

On Thursday evening, Duterte submitted to Congress his report on the declaration of martial law in Mindanao.

Leaders of the House of Representatives said that there is no need for the House and the Senate to convene in a joint session to review and revoke the declaration. 

READ: Congress won't revoke martial law

“It is clear under the Constitution that he has the power to place the country or any part thereof under martial law. Let us trust his judgment,” Speaker Pantaleon Alvarez on Thursday.

Duterte's declaration of martial law would be good for 60 days unless a joint session is conducted where revocation of martial law could be discussed and a vote could be made. - Kristine Daguno-Bersamina