Congress can revoke martial law any time — senators

Congress can revoke the extended martial law over Mindanao any time before Dec. 31 if lawmakers think the security situation is already stable or there are validated reports of serious abuses by government forces, senators said yesterday.

Senate Majority Leader Vicente Sotto III issued the statement amid lingering fears over the 150-day extension of the martial law President Duterte imposed on Mindanao last May 23.

Critics claim the extension might spawn human rights violations or be expanded nationwide.

“We can revoke, take back martial law anytime, especially if there are abuses, and the good thing is that the President cannot overturn our actions under the Constitution,” Sotto told dzBB.

“So people should not be afraid of this martial law. This is totally different from the past Constitution,” he said.

Sotto stressed the courts as well as local governments and other agencies in Mindanao continue to function.

“Martial law is not for us but only for outlaws. Everything continues to function, except for the targeted rebels,” Sotto said.

Sotto expressed belief Duterte will lift martial law in Mindanao before the extension expires.

On Saturday, the Senate and the House of Representatives voted in joint session to grant Duterte’s request for an extension of his Proclamation No. 216 as government forces continue to battle the Maute group in Marawi City.

During deliberations at the joint session, some human rights advocates from Mindanao reported some abuses, particularly on incidents of disrespecting Moro sensitivities.

Commission on Human Rights chairman Jose Luis Martin Gascon also spoke, emphasizing that while there are no confirmed incidents, the CHR is currently validating reports of human rights violations.

Defense Secretary Delfin Lorenzana, martial law administrator, and Armed Forces chief Gen. Eduardo Año vowed to be harsh on any soldier or police officer proven to have violated rights of civilians.

Año said even bodies of Maute militants recovered by government troops were given the proper Muslim burial.

‘Regular reporting’

Sen. Grace Poe, who voted for the extension, also maintained that Congress has the power to revoke martial law anytime even as she proposed a regular reporting and monitoring mechanism by the Senate and the House.

“If there are really verified abuses, we will (revoke) but we should not be just accusing our soldiers, most of whom are doing their jobs well and know that our countrymen are watching them,” Poe said.

“We all know that power corrupts so it’s right that we remain wary about martial law because of possible abuses so we must remain observant and vigilant,” she said.

She said if it comes to the point that Congress revokes the martial law proclamation, Malacañang should not take it badly as Congress also has to exercise its oversight functions.

The senator said she supported the extension – though she voted that it would be only 60 days – after weighing the issues.

Like Sotto, Poe said all agencies continue to function, except that martial law allows troops to establish checkpoints and undertake arrests or searches without needing to secure warrants from the courts.

“So the question was an extension until December or no extension at all, so I sided with the (extension),” Poe said.

She suggested a caucus among senators to determine the process of regular reporting by security officials to lawmakers, which may be done every 30 days.