MANILA, Philippines?Congress has yet to draft rules that would govern the holding of a joint session to discuss the martial law declaration in Maguindanao, according to an officer of the House of Representatives.

Congressmen are scheduled to convene at 4 p.m. Monday for an all-member caucus called by Speaker Prospero Nograles to discuss Malacanang?s Proclamation 1959 that placed Maguindanao under martial law and suspended the writ of habeas corpus.

In a letter to Speaker Prospero Nograles dated December 7, lawyer Marilyn Yap, House Secretary General, said that ?a joint session of the House of Representatives and the Senate for the purpose of deliberating on Proclamation 1959?cannot be immediately convened due to the absence of rules governing the proceedings of such a joint session.?

?The Rules of the House of Representatives contain no provision on the conduct of a joint session for the purpose of deliberating upon, revoking, or extending a proclamation of martial law or suspension of the privilege of the writ of habeas corpus,? Yap said in her letter.

She said that while the Rules of the Senate (Rule XIV, Section 42) ?provide for a convening of Congress in joint session during any voluntary or compulsory recess to determine the validity of the proclamation?it does not provide for any rule on how the joint session will be conducted.?

Yap recommended that before the joint session scheduled on Tuesday at 4 p.m., both chambers first draft and approve the rules governing the conduct of such joint session.

Nograles came under fire for not immediately convening the House of Representatives after the martial law declaration in Maguindanao announced on December 5 in Malacanang. Critics have said that under the Constitution, Congress should convene within 24 hours following a martial declaration to tackle it.

At the Senate, lawmakers suspended its plenary discussions on the proposed P1.4 trillion national budget to hold a caucus on the President?s declaration of martial law in Maguindanao.

Senate President Juan Ponce-Enrile said the caucus would not bind anyone to come up with a common position when they face their counterparts in the House of Representatives for a joint session on the martial law declaration

?This is a national concern. It?s a matter of conscience. It?s a conscience vote. Each one of us must be responsible to the people for our conduct in this case,? Enrile told reporters before the caucus.

?Alam mo hindi competition or pagalingan ito. Ang pinag-uusapan dito ang Saligang Batas natin at ang ating katahimikan, seguridad ng mamamayan kaya huwag nating gagayahin ang ginagawa natin sa ordinary legislation (This is not a competition or a contest. We are talking about our Constitution and peace, the security of our citizens so let?s not do what we do in ordinary legislation),? he said.

The Senate leader admitted, however, that the provision on Congress voting jointly on the issue was not clear.

?Nakalagay sa Constitution e voting jointly. hindi ko alam kung ano ang ibig sabihin nila sa voting jointly. Ang daming napalakalabo na mga provision ng Saligang Batas na yan tungkol sa martial law (The Constitution indicates voting jointly. I don?t know if they know what voting jointly means. There are so many vague provisions of the Constitution regarding martial law),? Enrile said.

As this developed, two more senators added their opposition to the martial law declaration, one saying it was ?totally unnecessary? to enforce the arrest of a powerful clan linked into the killing of more than 50 persons last November 23.

?To my mind, all that is required is police action, serve the warrant of arrest. There?s no necessity for any additional measure. You just have to confront them with a superior force that will serve the warrant,? Senator Gregorio Honasan told reporters in a separate interview.

?Personally, I will submit to the collective decision based on the discussions of the Senate, the chamber. But to me (it was) totally unnecessary,? Honasan said.

Detained Senator Antonio Trillanes IV supported the call for the revocation of Proclamation 1959 for fear that this would be abused by the b administration.

?The primary issue at hand is not whether the declaration of martial law is the right policy to address the situation in Maguindanao but whether Gloria Macapagal-Arroyo could be entrusted with such enormous power. Clearly, the answer is no,? Trillanes said in a statement.

?It would likely be an opening that she is bound to take advantage of. We must guard against every possible insidious plot by GMA (Arroyo?s initials) to perpetuate herself in power beyond 2010,? he further said.