Alvarez warns of constitutional crisis if SC tells Congress to tackle martial law

House Speaker Pantaleon Alvarez on Thursday warned of a constitutional crisis if the Supreme Court ordered the Senate and the House to convene in joint session to tackle President Rodrigo Duterte's declaration of martial law in Mindanao.

Alvarez said the Supreme Court has “no jurisdiction” to tell Congress to convene for a joint session, which is sought by two of the petitions filed against the President’s proclamation.

“Balikan muna nila ang law books,” Alvarez said when asked about the petitions, notably those filed by a group of lawyers and government officials, including Sen. Leila de Lima, former Sen. Rene Saguisag, and former Commission of Human Rights chair Etta Rosales, and former Commission on Elections chair.

The petitioners also include lawyer Christian Monsod, one of the authors of the 1987 Constitution.

“How can the Supreme Court dictate Congress what to do? Co-equal body ‘yan. O, mag-issue ng direktiba ang Supreme Court telling Congress, dictating Congress na, ‘Uy, mag-convene kayo ng joint session!’ Punitin ko yan,” the Speaker said.

Asked if such response would lead to a constitutional crisis, he replied: “Eh talagang magkakaroon ng constitutional crisis! At hindi namin kasalanan ‘yun.”

The Speaker said he did not see the logic of the repeated calls for the joint session, given separate resolutions filed by the Senate and the House of Representatives declaring support for Duterte’s declaration.

“Ipinasa ko na sa Office of the Solicitor General [‘yung pagsagot sa petition]. At ang position natin doon, walang jurisdiction ang Supreme Court diyan,” Alvarez said.

“Basta kami, hindi kami susunod kung anong sabihin ng Supreme Court diyan dahil wala silang karapatan para diktahan ang Kongreso kung anong dapat naming gawin," he added.

Under the 1987 Constitution, Congress, via a joint vote, may revoke the President’s proclamation, or extend it beyond the 60-day period provided.

The Constitution also gives the Supreme Court the authority to review “in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis” of the proclamation.

The High Court is given 30 days from filing of the petition to promulgate its decision.

A total of three petitions on Duterte’s martial law declaration are pending before the Supreme Court.

The first one was filed by members of the House’s independent minority, including Reps. Edcel Lagman (Albay), Tom Villarin (Akbayan Party-list), Emmanuel Billones (Capiz), Teddy Baguilat (Ifugao), and Gary Alejano (Magdalo Party-list).

While they scored Congress leaders’ refusal to conduct a joint session on the matter, the lawmakers’ petition centered on the lack of sufficient basis of Duterte’s declaration.

They said there was no rebellion nor invasion in which public safety required the declaration of martial law and the suspension of the privilege of writ of habeas corpus in Marawi City or elsewhere in Mindanao.

They also said mere conclusions of fact and law on the "pretended existence of rebellion and/or invasion will not serve as sufficient basis."

The call for SC directive for a joint session comes from the other two petitions, including the one filed by De Lima and other former government officials, and the other one from Catholic Church officials led by Manila auxiliary bishop Broderick Pabillo, former Sen. Wigberto “Bobby” Tañada, and student groups.

The High Court has set oral arguments for the opposition solons’ petition next week, with the other two to be treated as a separate matter.  —NB, GMA News