SC junks petitions calling for joint session on martial law

MANILA, Philippines — The Supreme Court on Tuesday unanimously dismissed the petition for mandamus urging the high court to order Congress to hold a joint session on martial law in Mindanao.

In its resolution, the SC said there was no grave of discretion to compel Congress to convene and deliberate on the martial law declaration on May 23. It added that Congress need only hold a joint session if it intends to revoke the declaration,an argument made by the leaderships of both chambers.

Associate Justices Alfredo Benjamin Caguioa and Marvic Leonen concurred in the dismissal of petitions, saying the petition is already moot and academic.

The SC en banc’s resolution came days after the martial law in Mindanao was extended by the 17^th Congress until year’s end.

Last June 6, petitioners former Commission on Human Rights Chairperson Etta Rosales, former Sen. Rene Saguisag, former Solicitor General Florin Hilbay, Free Legal Assistance Group lawyers Alex Padilla and Barry Gutierrez filed the petition for mandamus calling for both chambers of Congress to conduct deliberations on martial law.

The writ of mandamus is defined as the petition to compel the court or any judicial body to perform a duty.

The named respondents in the petition were Senate President Aquilino “Koko” Pimentel III and House Speaker Pantaleon Alverez.

'SC steps away from transparency, accountability"

Hilbay was disappointed at the high tribunal’s decision and called it a “strange and unfortunate result.”

“The Court's decision is a step away from transparency and accountability, [a] path that Congress had already taken when it extended the martial law,” Hilbay said in a short statement.

Hilbay said that the decision of Congress to convene in joint session to extend martial law in Mindanao “was already institutional to comply with the Constitution.”

“That joint session was meaningful because it allowed many voices to be heard, and informed the nation about the state of affairs from the perspective of government and the people of Marawi,” the former solicitor general said.

“Clearly, joint public deliberation is just as, if not even more, important when a president initially declares martial law as when he extends it,” he added.

President Rodrigo Duterte issued Proclamation 216 or the declaration of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao on May 23. Both chambers supported the declaration and decided not to convene to deliberate the declaration. They instead passed resolutions of support.

Last week, however, Duterte asked Congress to extend martial law until Dec. 31, 2017. The Congress held a joint session last Saturday and agreed to extend it. The proposal passed with minimal opposition.