Ex-SolGen rallies lawyers to urge Congress to convene on martial law

FORMER Solicitor-General Florin T. Hilbay took it to social media platform to rally his fellow members of the bar to urge the Congress to deliberate on President Rodrigo R. Duterte’s declaration of martial law in Mindanao.

“[This is] a petition before the Supreme Court (SC) to compel the Senate and the House of Representatives to jointly determine whether or not the President’s martial law declaration complies with our Constitution,” Mr. Hilbay explained in his post on his Twitter account.

Mr. Hilbay first posted the callout using #ConveneCongress, and has repeated the call over the weekend.

On May 23, Mr. Duterte issued Proclamation 216 placing the entire Mindanao islands under martial law and suspending the privilege of the writ of habeas corpus in the area, following the Maute terrorist group’s siege in Marawi City.

Last Monday, May 29, the Senate, voting 17-5, filed Resolution 388 “not to revoke the declaration at this time.” The House of Representatives, for its part, issued its support for Mr. Duterte’s declaration last Wednesday, May 31.

But Mr. Hilbay, the former top counsel of the government, called Congress’ filing of resolution supporting Mr. Duterte’s declaration without convening a “shortcut to important process.”

Mr. Hilbay said there is a need for lawmakers to convene because “we need to see that the system of checks and balances in our Constitution is working. Congress should not be allowed to just shirk from or disregard its duty.

Section 18, Article VII of the 1987 Constitution provides that: “The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation [of martial law] or suspension [of the privilege of the writ of habeas corpus], which revocation shall not be set aside by the President. Upon the initiative of the President, 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 Mr. Hilbay, his fellow petitioners are “senators and members of the House of Representatives who voted to convene the joint session, Marcos martial law victims, Mindanao residents, constitutional law professors, and other concerned taxpayers.”

He said in a post on May 28: “Here’s an idea. 300 lawyers signing on to an SC petition to require Congress to comply with its constitutional duty to convene and deliberate.”

Lawyers in “good standing” who will affix their support to the petition will be included in the list of lawyer-supporters to be annexed in the petition.

Also stated in the Constitution: “The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days of filing.”