Congress unlikely to stop martial law

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BY ADRIAN STEWART CO
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Friday, May 26, 2017
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MANILA – There is a slim chance that Congress will revoke the martial law in Mindanao.

The Senate and the House of Representatives leaders said they agreed not to hold a joint session with regard to President Rodrigo Duterte’s proclamation.

There is no need for such joint session, according to House Majority Floor Leader Rodolfo Fariñas. Senate Majority Floor Leader Vicente Sotto III reportedly expressed the same sentiment.

“Congress has to act only if it shall revoke such proclamation,” said Fariñas. “If it is in favor of the proclamation, it does not have to act, but nothing prevents either or both houses from expressing support.”

Duterte placed the entire Mindanao under martial law in the evening of May 23 while in a state visit in Russia after the clash between government troops and the Islamic State-linked Maute group in Marawi City.

Section 18, Article VII of the 1987 Constitution stated the president, “in case of invasion or rebellion,” may “place the Philippines or any part thereof” under martial law “for a period not exceeding 60 days.”

Within 48 hours from the proclamation, the president shall submit a report in person or in writing to Congress.

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.”

“In the same manner,” Congress may “extend such proclamation … for a period to be determined by Congress if the invasion or rebellion shall persist and public safety requires it.”

The Senate and House of Representatives decided to hold separate closed-door briefings with executive and security officials.

“A joint session requires a concurrent resolution of both Houses to call Congress into such joint session,” said Fariñas. “If either does not want to, how can you have a joint session?”

The Senate briefing with the executive secretary, Defense secretary, Interior secretary, among other officials, on Duterte’s report explaining the reason for declaring martial law will be held on Monday next week. The House briefing will be on Wednesday.

“We have no intentions of revoking; therefore, we need not meet jointly,” a news article on Rappler.com quoted Sotto as saying in a text message on Thursday. “Wala akong alam (I am not aware) of any intentions to revoke.”

It was the same general sentiment during the senators’ caucus on Wednesday, Sotto said.

“Let the people monitor what’s happening and let the Department of National Defense and the Department of the Interior and Local Government and Philippine National Police do its work unhampered by people like us [sic],” the article quoted Sotto as saying.

But in the same article, Senate President Pro-Tempore Ralph Recto said a definitive action will come after they have received Duterte’s report.

“Highly unlikely for Congress to revoke proclamation,” the article quoted Recto as saying in a text message. “But we are waiting for the President’s report to Congress. The report will be basis for any action to be taken.”/PN

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