Philippine Congress. FILE PHOTO
Majority Leader Rudy Fariñas on Wednesday urged members of the House of Representatives to stay in Manila in case Congress convenes to discuss President Rodrigo Duterte’s declaration of martial law in Mindanao.
In a text message to House members, Fariñas said the chamber would hold sessions until Friday, thus representatives were advised to stay in Manila until then.
Fariñas said that under the 1987 Constitution, the President was required to report to Congress within 48 hours regarding the declaration of martial law. Congress would then approve or revoke declaration in a majority vote of its members.
“All Members are advised to stay put in Manila. Under our Rules, our sessions are until Friday. The President will head back home ASAP (the party is now at the Moscow airport) and we may have session as soon as we receive his official report,” Fariñas said.
The Ilocos Norte representative said he and Speaker Pantaleon Alvarez would be briefed by the military and police about the martial law declaration, while the lower House would wait for the President’s report to Congress.
He also urged the public to keep safe and not panic amid a martial law declaration in the South.
“We will have to wait for the report of the President in order for us to exercise our constitutional duty on the matter. In the meantime, we ask our people to remain calm and to keep safe,” Alvarez said.
While on official visit to Russia, President Duterte declared martial law after the Maute group engaged government troops in a firefight in Marawi city.
READ: WE’RE NOT OK: Marawi mayor, residents confirm fires in city, blackout, gunfire | Martial law declared in Mindanao; Duterte to fly back home from Moscow
Due to lessons learned from the martial law regime of the dictator Ferdinand Marcos marred with human rights violations, torture, and enforced disappearances, the 1987 Constitution provided checks and balances by allowing Congress and the Supreme Court to step in on the martial law declaration.
According to the Constitution, the president as commander-in-chief of all armed forces may declare martial law or suspend the privilege of the writ of habeas corpus to “prevent or suppress lawless violence, invasion or rebellion ” for 60 days subject to approval of Congress.
“In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law,” the Constitution stated.
“Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President,” it added..
Congress may also extend the proclamation or suspension of martial law upon the initiative of the President “if the invasion or rebellion shall persist and public safety requires it,” the Constitution stated.
The Supreme Court may also review the need for a declaration of martial law or suspension of the privilege of writ of habeas corpus upon an appropriate proceeding filed by a concerned citizen.
The Constitution states that a state of martial law “does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.”
Before his plane took off bound for Manila from Russia, Duterte said his martial law would not be any different than that of the dictator Marcos. He has always raised the specter of martial law to solve the country’s ills, including the drug menace.
“Martial law is martial law. So kayong mga kababayan ko, you’ve experienced martial law, it would not be any different from what the President Marcos did. I’d be harsh,” Mr. Duterte said in a Facebook live interview with Assistant Secretary Mocha Uson of the Presidential Communications Operations Office. CBB
READ: Mindanao martial law to be “as harsh” as that of Marcos — Duterte
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