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JOINT SESSION ADJOURNS
Solons still urge Arroyo to explain martial law

By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 20:44:00 12/14/2009

Filed Under: Martial Law, Maguindanao Massacre, Congress

MANILA, Philippines - Even with the lifting of martial law in Maguindanao, critics of President Gloria Macapagal-Arroyo were not silenced in Congress and demanded further action to look into the constitutionality of Proclamation 1959.

After three days in joint session, which took 17 hours of debate, the joint session adjourned on Monday at 8:16 p.m.

Cagayan de Oro Representative Rufus Rodriguez moved that the joint session vote on the unconstitutionality of the proclamation, but it was not entertained. He later withdrew his motion.

Speaker Prospero Nograles said that Rodriguez?s motion as well as the other resolutions calling for the revocation of martial law would be tackled Tuesday during the regular session of the House of Representatives.

Earlier in the day, the Senate approved a Resolution 1522 calling on the Supreme Court to declare the Martial Law in Maguindanao unconstitutional.

Arroyo lifted martial law in Maguindanao on December 12, seven days after it was imposed on the province.

The massacre of 57 people, including 30 journalists, prompted the declaration of martial law in Maguindanao. According to Malacanang, the suspects in the massacre, the Ampatuan clan, has been massing up armed men to block government from enforcing the law.

?More questions than answers?

Senator Benigno ?Noynoy? Aquino III said the President?s proclamation raised more questions than answers.

?The people deserve an answer, an explanation of the circumstances that led the administration to resort to this action. The joint session of Congress was the ideal venue for providing the needed enlightenment. . . . Let us not shirk from our responsibility,? Aquino said, reading his manifestation.

He said that ?as elected representatives of the people, it is within our constitutional duty to ensure that this historic convening of both chamber of Congress will not be in exercise in futility.?

Aquino proposed that both chambers create a jointly appointed independent commission to study and come up with recommendations to Congress ?to clearly define the conditions that would warrant the declaration of martial law.?

Senator Rodolfo Biazon urged the Senate and the House of Representatives to pursue questions on the constitutionality of the declaration.

Biazon pushed for a law defining ?rebellion? to guide future declarations of martial law. A law should also specify the powers of the martial law administrator, he added.

?If we adjourn this afternoon, a legislative response to this has not been terminated? There is a need for Congress to enact an enabling law to clearly define what constitutes the crime of rebellion,? Biazon said.

The joint session resumed at 4:10 p.m. without the Palace officials. Nograles said their presence was no longer needed.

Pro-opposition lawmakers reiterated that the declaration of martial law had no basis as there was ?no actual rebellion? to justify it as required by the Constitution.

Some delivered short speeches in plenary, while others opted to submit their position in writing.

South Cotabato Representative Darlene Antonino-Custodio said that martial law was declared ?because of the failure of governance in Maguindanao and failure of executive to supervise that locality.?

Senator Aquilino Pimentel Jr., who opened the session assailing the proclamation, called on Malacanang to also lift the state of emergency in the province and neighboring provinces.

?It is in the national interest that since martial rule has been lifted, it should follow that even the state of emergency proclamation should likewise be revoked,? Pimentel said.

?If it is not revoked, the human rights of the people in the areas shrouded by the proclamation of a state of emergency are covered by the haze of the supposed state of emergency that is not even sustained by the circumstances on the ground,? Pimentel added.

Akbayan party list representative Walden Bello called Proclamation 1963 lifting martial law in Maguindanao a ?tactical retreat.?

?This move is not out of principle. It's a tactical retreat [for fear] that the revocation of martial law would be sustained by the two houses of Congress,? Bello said.

Zamboanga City Rep. Maria Isabelle Climaco called on the lawmakers not to be sidetracked from pursuing justice for the massacre victims.



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