MANILA, Philippines (Update 10:03 p.m.) — A number of lawyers on Tuesday urged the Supreme Court to order the Congress to hold a joint session on martial law in Mindanao.
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 a petition for mandamus before the SC, calling for both chambers of Congress to conduct a deliberation on martial law.
All the petitioners except Saguisag, personally went to the SC in Manila to file the writ of mandamus or the petition to compel the court or any judicial body to perform a duty.
Senate President Aquilino “Koko” Pimentel III and House Speaker Pantaleon Alverez were the respondents in the petition.
“Petitioners come before this Honorable Court to invoke one such constitutional mechanism - joint legislative review of martial law - long after President Marcos lifted Proclamation No. 1081 and 30 years after the 1987 Constitution came into force and effect,” an excerpt of the prefatory statement of the petition read.
In seeking a joint session, the petitioners cited that the 1987 Constitution “is replete with built-in safeguards as a direct consequence of the abuses that the country and its democratic institutions had to endure under Martial Law.”
They added that safeguards were placed in the language and structure of the 1987 Constitution “as wisdom from lived experience meant to prevent a return to authoritarianism.” They said that a dictatorship is not a handiwork of one man but a collective effort of complicit individuals and institutions.
Last May 30, the minority bloc of the Senate composed of Senate Minority Floor Leader Franklin Drilon and Sens. Francis “Kiko” Pangilinan, Antonio Trillanes IV, Risa Hontiveros and Bam Aquino also moved to seek a joint session. They said a primary reason was that the Armed Forces of the Philippines already assured them that it could stop the crisis in Marawi City without the aid of martial law.
The opposition senators also said that conducting a joint session and deliberation on Proclamation 216 or martial law is an automatic legislative exercise under the Constitution.
On Monday, minority members of the House of Represenatives challenged the martial law declation before the SC.
Opposition lawmakers, headed by Albay Rep. Edcel Lagman, filed a petiton assailing the declaration in Mindanao as bereft of sufficient factual basis.
President Rodrigo Duterte issued Proclamation 216 last May 23 which declares martial law and suspends the writ of habeas corpus in Mindanao following a clash between government troops and members of a local terror group in Marawi City.
Palace unfazed
Malacañang was unfazed by the petition asking the high court to compel Congress to hold a joint session on the martial law in Mindanao.
Presidential Spokesman Ernesto Abella believes the petition is “irrelevant” as the two chambers of Congress had already expressed support for the declaration.
“It’s a democratic process. They can go ahead and do so,” he added.
Chief Presidential Legal Counsel Salvador Panelo said the petitioners have “misread” the provision on martial law in the 1987 Constitution.
“The Constitution cannot be clearer. Congress is only required to convene and vote jointly on the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus if it intends to such revoke proclamation and suspension,” Panelo said in a statement.
Panelo noted that majority of both houses of Congress have already expressed their support for what he described as the president’s “swift and decisive” initiative to address the situation in Mindanao.
“Since both houses of Congress have effectively voted to support the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus, there is therefore no reason for it to convene to vote to support or revoke Proclamation No. 216,” he added, referring to the martial law declaration.
Congress convened in joint session in 2009 when President Gloria Macapagal-Arroyo declared martial law in 2009.
Panelo noted that Congress may still jointly convene and vote on the extension of the effectivity of the martial law declaration. — with a report by Alexis Romero