SC urged to direct Congress to hold joint session over Mindanao martial law

Former and current government officials asked the Supreme Court (SC) on Tuesday to direct Congress to convene in a joint session to scrutinize the martial law declaration in Mindanao.

Led by staunch government critic and detained Senator Leila De Lima, the petition underscored the importance of holding a joint session to determine the constitutional and factual validity of Proclamation No. 216 issued by President Rodrigo Duterte on May 23.

Sen. De Lima, 5 others ask SC to compel Congress to conduct joint session over martial law declaration in Mindanao. @gmanews pic.twitter.com/03J750B72G

— Virgil Lopez (@virgillopez) June 6, 2017

Joining De Lima in the petition are former Senator Rene Saguisag, former Commission on Human Rights chairperson Etta Rosales, former Commission on Elections chairman and constitutionalist Christian Monsod, lawyer Alexander Padilla and Rene Ballesteros.

The petition came a day after seven opposition lawmakers led by Albay Rep. Edcel Lagman asked the SC to nullify the martial law proclamation allegedly for lack of sufficient factual basis.

“Whether the result of such convening is a vote to revoke or support the exercise of martial law powers, the Constitution does not qualify,” the petition stated.

“What the Constitution requires is not so much for Congress to exercise its discretionary veto powers but for Congress to perform, in joint session, its constitutional obligation to review the act of the President,” it added.

The petitioners added they turned to the SC since members of Congress “have unlawfully neglected” their duty under the  1987 Constitution.

“Petitioners seek nothing more than compliance with a minimum procedural fidelity to the mechanisms enshrined in the Constitution meant to prevent abuse of power and to ensure popular mandate in the exercise of the Presidential martial law powers,” the petition said.

A list of over 300 lawyers, led by former Solicitor General Florin Hilbay, is attached to the petition to signify their support.

The Senate and House of Representatives, in separate actions, had already ruled against holding a joint session after getting briefings regarding the ongoing offensive against the ISIS-inspired Maute group in Marawi City from military and defense officials.

Justifying the arrangement, Senate President Aquilino Pimentel III and House Speaker Pantaleon Alvarez said Congress will only convene in joint session if it plans to revoke or extend the martial law declaration.

The petitioners branded as “absurd” arguments raised by the congressional leaders, noting that the legislative review of the exercise of martial law powers is meant “to provide democratic check or sanction to the exercise of such powers.”

“This democratic checking or validating powers is for the protection of the people whose rights are placed at risk by the use of such powers,” they said.

Article VII, Section 18 of the Constitution states Congress may revoke the proclamation “voting jointly, by a vote of at least a majority of all its members in regular or special session.”

Duterte imposed a 60-day martial rule in Mindanao following deadly clashes in Marawi City involving militants led by the Maute group whom he said were trying to establish a caliphate for international terror group ISIS. — RSJ, GMA News