Ex-senator, religious ask SC: Compel Congress to hold joint session

Catholic bishops and former Senator Wigberto Tañada on Wednesday asked the Supreme Court to compel Congress to convene in joint session to debate President Rodrigo Duterte’s declaration of martial law in Mindanao.

In a 26-page petition for certiorari and mandamus, petitioners urged the high court to declare that the House of Representatives and the Senate committed grave abuse of discretion when it issued separate resolutions supporting Duterte’s martial law.

“It is most respectfully prayed that this Honorable Supreme Court declare the refusal of Congress to convene a joint session for the purpose of considering Proclamation No. 216 to be in grave abuse of discretion amounting to lack or excess of jurisdiction and issue a Writ of Mandamus directing Congress to convene in joint session for the aforementioned purpose,” the petition stated.

Aside from Tañada, the petitioners are Manila Auxiliary Bishop Broderick Pabillo, Bishop Antonio Tobias, Bishop Emeritus Deogracias Iniguez, Mother Adelaida Ygrubay of the Order of St. Benedict, Shamah Bulangis, and Cassandra D. Deluria.

“Given previous experiences with martial law, where proceedings were fraught with secrecy, a public transparent and deliberative process is necessary to quell the people’s fears against executive overreach,” petitioners said.

Petitioners pointed out that the deficiency of not convening in a joint session cannot be cured by separate briefings given by the Executive branch and the Armed Forces of the Philippines to both Houses of Congress.

“A plain reading of the 1987 Constitution leads to the indubitable conclusion that a joint session of Congress to review a declaration of Martial Law by the President is mandatory” and failure to do so “deprives the public of transparent proceedings within which to be informed of the factual bases of the declaration of Martial law,” it said.

This is the third petition filed before the Supreme Court in connection with the martial law declaration of Duterte.

READ: Opposition lawmakers ask SC to rescind martial law declaration | SC intervention on martial law sought

Last Monday, opposition lawmakers filed a petition asking the high court to nullify Duterte’s declaration. On Tuesday, the first petition asking the tribunal to order a joint session of Congress was filed by, among others, former Solicitor General Florin Hilbay, former Senator Rene Saguisag, detained Senator Leila de Lima, former Commission on Human Rights chair Loretta Ann Rosales and former peace negotiator Alex Padilla. IDL