Teddy Baguilat Jr. (Photo from Mr. Baguilat’s Facebook page)
Opposition lawmakers expressed alarm over President Rodrigo Duterte’s tendency to become the country’s “next dictator” after the latter said he would not listen to Congress or the Supreme Court (SC) once he decides to extend martial law in Mindanao.
Ifugao Rep. Teddy Baguilat Jr. said the 1987 Constitution mandates Congress to convene jointly and, if possible, revoke the president’s declaration of martial law to avoid possible abuses.
“Is the President saying that he’s willing to violate the Constitution? He is on his way to becoming a dictator,” Baguilat said on Monday.
He said that it seems Duterte is slowly becoming like former President Ferdinand Marcos by trying to defy the SC and Congress’ functions as check and balances in the implementation of martial law.
Baguilat added that “a joint congressional session to discuss the validity of the martial law declaration and a Supreme Court review are constitutional guarantees to avoid possible abuses of martial law.”
READ: Duterte vows to ignore Supreme Court on martial law
Baguilat also denied Duterte’s claim that lawmakers in Congress do not know the situation on the ground in Mindanao, where the Islamic State or ISIS-inspired Maute group besieged the Islamic city of Marawi, prompting the declaration of martial rule in the whole southern region.
“It’s not true that we know nothing. We are representatives and we have our own sources of information on what’s happening on the ground. It’s, therefore, important to validate the situation by having the sessions. And thus for Congress to give the constitutional mandate to the martial law declaration,” Baguilat said.
Baguilat called “dangerous” the President’s pronouncement that he would not listen to the SC or Congress, both of which have the role of checks and balance in reviewing the martial law declaration.
“His pronouncements before the soldiers are dangerous. The Armed Forces of the Philippines and Philippine National Police have sworn to uphold the Constitution in the performance of their task. Now he’s saying that it’s okay to violate the Constitution in the performance of their duties,” Baguilat said.
Akbayan Rep. Tom Villarin also urged his colleagues in Congress to convene, adding that the President cannot be trusted with martial law due to his tendency to disregard the rule of law and the Constitution.
“The question is: Can we trust this President to be a martial law administrator given his penchant for violence, disregard for the rule of law and our Constitution? Can we trust this administration which thrives on lies and alternative facts?” Villarin said in a statement.
Villarin said Congress must convene jointly even without a concurrent resolution calling for such because “if it abdicates such role, democracy is now in peril.”
Magdalo Rep. Gary Alejano said the President’s defiance of the Supreme Court and Congress’ oversight functions “is a blatant and outright violation of the Constitution.”
“He may be the President, but he is not above the law. No one is. This just elucidates his intention of violating the Constitution which he has been repeatedly committing since assuming office,” Alejano said.
Alejano clarified that he does not intend to condone the terrorist Maute group’s invasion in Marawi city, condemning the “dastardly acts of the Maute Group meant to perpetuate terror, fear, and danger to our countrymen.”
But he believes Duterte’s martial law declaration “does not cautiously commensurate the present threat.”
“I believe that the declaration of martial law in the whole of Mindanao is excessive and disproportionate and does not cautiously commensurate the present threat,” Alejano said.
Under the 1987 Constitution, the President is required to submit to Congress within 48 hours a report on the martial law declaration. Congress voting jointly may then vote to revoke the martial law declaration in a majority vote.
Both Speaker Pantaleon Alvarez and Majority Leader Rudy Fariñas, Duterte’s staunchest allies, said Congress need not convene jointly sans a concurrent resolution calling for a joint session.
Alvarez said Congress need not vote to revoke the martial law declaration because it is the President’s mandate to declare martial law in case of invasion or rebellion.
READ: No need for Congress to convene on martial law report – Fariñas | Alvarez says no need for Congress to convene on martial law report
Duterte declared martial law and suspended the privilege of the writ of habeas corpus in Mindanao following the attack of the Maute group in Marawi city, where buildings were burnt, people held hostage and flags of the Islamic State (ISIS) hoisted in the siege carried out by the ISIS-inspired terror group.
READ: Maute Group, Abus fire on military camp in Marawi | Troops battle Islamist militants in Marawi
Duterte warned that his orders would be shoot to kill and that warrantless arrests could be carried out in Mindanao following his declaration. He also warned that martial law there would be no different and as harsh as that declared by Marcos.
The President even said he is considering imposing martial law nationwide if terror groups inspired by ISIS gain a foothold in Luzon and Visayas.
READ: Martial law will be harsh, says Duterte | Duterte considering nationwide martial law
According to the 1987 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 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law,” the Constitution states. JPV/rga
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