SC asked: Junk pleas on Congress’ martial law review

MANILA, Philippines - The Office of the Solicitor General yesterday asked the Supreme Court (SC) to dismiss consolidated petitions seeking to compel the Senate and the House of Representatives to convene jointly to review President Duterte’s martial law declaration in Mindanao.

In a 40-page comment, Solicitor General Jose Calida said the petitions filed by separate groups led by former senators Rene Saguisag and Wigberto Tañada lacked merit.

Calida argued that Congress is not required to convene in joint session to support a martial law declaration under Article VII, Section 18 of the 1987 Constitution.

Quoting the provision, he said, “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.”

The same provision states that “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.”

He said “a plain reading of the Constitution will readily illustrate that it does not impose a duty upon Congress to convene in joint session to determine the validity of the declaration of martial law and suspension of the privilege of the writ of habeas corpus.

“It is only in cases of revocation or extension of the proclamation or suspension that Congress is required to vote jointly,” he stressed.

“Verily, there is no need to vote jointly to approve or affirm something which is already in full force or effect. Joint voting is only mandatory when the action is revocation or extension,” Calida pointed out.

Calida further explained that the Constitution does not require any action from Congress upon the proclamation of martial law or suspension of the privilege of the writ of habeas corpus.

He stressed that the move of the House of Representatives and Senate to issue Resolution 1050 and Resolution 388, respectively, to express support for the declaration of martial law in response to the report submitted by the President would suffice.

“While not mandatory, Congress neither procrastinated nor reneged on its sworn duties when it heard the basis of Proclamation No. 216 through a closed-door meeting with the country’s top military officials, and thereafter collectively voiced its support through the issuances of their respective resolutions. Indeed, the Congress even went beyond its constitutional duty respecting the proclamation or suspension,” he pointed out.

“Thus the act of Congress to vote jointly is not mandatory when the action taken is to affirm or express support for the proclamation or suspension,” he said.

The solicitor general further argued that the SC has no power to issue the mandamus sought by petitioners, citing the separation of powers of the judiciary and the legislature as coequal branches.

“The matter of affirming, ratifying or not revoking the declaration of martial law and even the manner by which it is done is left and fully within the power, authority and discretion of Congress over which the Supreme Court has no power,” he stressed.

“It is clear that under the separation of powers, courts may not intervene in the internal affair of the legislature; it is not within the province of courts to direct Congress how to do its work,” Calida added.

Earlier, the SC heard in oral arguments three other consolidated petitions filed by opposition lawmakers led by Albay Rep. Edcel Lagman, local Mindanao leaders including lumad Eufemia Campos Cullamat and a group of women from Marawi led by Norkaya Mohamad seeking to strike down Proclamation No. 216.

The high court, which is required by the Constitution to resolve petitions against martial law declaration within 30 days from filing, is set to rule on these petitions on July 4.    

Help from ex-rebels

As fighting in Marawi entered its sixth week, security officials noted the presence of former members of the Moro National Liberation Front and Moro Islamic Liberation Front in the ranks of enemy combatants.

Earlier, the military said the Maute militants were getting help from the Abu Sayyaf and the Bangsamoro Islamic Freedom Fighters. – With Jaime Laude