Congress snubs joint session on martial law as recess draws near

MANILA, Philippines — Six days after President Rodrigo Duterte's declaration of martial law in Mindanao, the Senate and the House of Representatives have not yet held a joint session to deliberate on the proclamation.

Article VII, Section 18 of the 1987 Constitution states that the two chambers of Congress may choose to call off a president's declaration of martial law and the suspension of the writ of habeas corpus within a session.

The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

On Friday, Duterte submitted copies of Proclamation 216 declaring martial law in Mindanao to Senate President Aquilino Pimentel III and House Speaker Pantaleon Alvarez.

Under the Constitution, the president is required to submit a report in person or in writing to the Congress within 48 hours from the proclamation of martial or the suspension of the privilege of the writ of habeas corpus.

The Congress is set to go on recess this week until July 24.

READ: More senators seek joint session on martial law

Only seven—Sens. Bam Aquino, Franklin Drilon, Sherwin Gatchalian, Risa Hontiveros, Loren Legarda, Kiko Pangilinan and Antonio Trillanes IV—out of 22 senators are in favor of holding a joint session to discuss the declaration and express their stance on the issue.

All 293 members of House Representatives, meanwhile, will convene in an executive session—a closed-door meeting—as a "Committee of the Whole" to discuss the declaration as Congress resumes session on Monday.

Fewer House representatives, however, are in favor of a joint session. Alvarez and other House leaders—part of a Duterte-allied super majority—earlier said that representatives will not convene to discuss the declaration. Pimentel, for his part, similarly dismissed the idea of convening in a joint session.

READ: No joint session on martial law report

If not in session, the Congress is still required to convene within 24 hours following such proclamation or suspension in accordance with its own rules without need of a call, as mandated by the Constitution.

Duterte earlier said that he would ignore the Supreme Court and Congress as he enforces martial law in Mindanao.

"Until the police and the Armed Forces say the Philippines is safe, this martial law will continue. I will not listen to others. The Supreme Court, Congress, they are not here," Duterte said.

As a co-equal branch of the government, the Supreme Court may review the declaration when asked to do so by any citizen:

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

Constitutional expert Christian Monsod said that the Senate and the House are mandated to convene jointly to discuss the declaration.

Monsod, one of the framers of the 1987 Constitution, stressed that the two Houses of Congress do not need to approve the proclamation.

RELATED: A look into Duterte's reasons for martial law in Mindanao

In an interview with Philstar.com, Monsod said that martial law is meant to be a measure of "last resort." — Video report by Efigenio Toledo IV