Senate minority may petition Supreme Court on martial law
Copy of resolution to convene Congress in Joint Session and deliberate Proclamation no. 216 (declaring a state of Martial Law and suspending the writ of habeas corpus in the whole of Mindanao) filed by Senate Minority bloc members. INQUIRER PHOTO/LYN RILLON
The Senate minority bloc is considering going to the Supreme Court to question President Duterte’s declaration of martial law in Mindanao.
Sen. Francis Pangilinan told reporters on Tuesday that nothing had been finalized yet.
“We are open to it, but let’s see the result of the debate,” Pangilinan said, referring to his group’s resolution seeking a joint session of Congress to tackle Mr. Duterte’s move in Mindanao.
The Senate, voting 12-9, junked the minority bloc’s resolution on Tuesday night.
Earlier, the majority voted to endorse Mr. Duterte’s declaration of martial law in Mindanao.
Factual basis
Senate Minority Leader Franklin Drilon earlier said a petition could be filed in the Supreme Court seeking the factual basis of the martial law declaration.
Drilon said the court must decide on the petition within 30 days of its filing.
This, he said, was provided in the Constitution because in 1972 when martial law was declared in the country by the late dictator Ferdinand Marcos, the high court refused to review the factual basis of martial law “because it was a political question.”
“Now this Constitution specifically mandates the Supreme Court to rule on the factual basis of the declaration within 30 days by the time the petition was filed,” Drilon said. —CHRISTINE O. AVENDAÑO
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