Rep. Harry Roque (File photo by GRIG C. MONTEGRANDE / Philippine Daily Inquirer)
Kabayan Rep. Harry Roque, a minority lawmaker, urged President Rodrigo Duterte on Monday to use the opportunity in his State of the Nation Address (Sona) to ask Congress to extend the declaration of martial law in Mindanao.
In a press conference, Roque said no law or provision in the 1987 Constitution would prohibit the President from using his Sona to address Congress on extending martial law.
Duterte declared martial law in Mindanao on May 23, which under the Constitution would last for 60 days. So it will expire on July 23, just a day from the President’s Sona.
The President, Roque said, might as well use the opportunity to ask Congress for an extension.
READ: Solon fears Congress may extend martial law on day of Sona
Both chambers of Congress convene at the House of Representatives to listen to the President’s Sona.
“Kung ako presidente, eh gagawin ko na yan sa Sona,” Roque said. “Kasi magkasama na yan eh, and there is no prohibition.”
According to Section 18, Article VII of the Constitution, “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.”
“Upon the initiative of the President,” the Constitution further states, “the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.”
According to Roque, the President could take advantage of his Sona to extend martial law if he would comply with the constitutional requirement of submitting a report to Congress about the implementation of martial law within 48 hours of the declaration, or days before the day of Sona.
“Dapat ngayong linggo, humingi na siya, magmanifest na siya and submit a report possibly before the 24th, kung gusto niya to take advantage of the Sona in joint session,” Roque said.
Roque said, however, that he hoped martial law, which Duterte declared over Mindanao to enable government troops to crush Maute terrorists in Marawi, would be extended no more than another 60 days.
He said extending martial law again and again would paint a dire picture of the country’s security in front of the international community, which could scare away investors and tourists.
“I would be more comfortable for another 60 days,” Roque said. “But I will be cautious against extending it to another 60 days, because the international community may conclude that we have long term problems as far as peace and security are concerned.”
He also said there would be no need for Congress to convene once martial law expired on July 23, especially because the proclamation would remain valid unless revoked by Congress.
READ: No need for Congress to convene once martial law expires — solon
Even though the Constitution requires Congress, if not in session, to convene within 24 hours following the declaration of martial law, Roque believes Duterte’s martial law will expire just in time for the Sona on July 24.
By then, the 17th Congress will have convened itself for its second regular session. So there would be no need for a special session, Roque said. /atm/rga
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