Lagman laments lack of time to stop ML extension

There may be no more time for the Supreme Court to issue a temporary restraining order (TRO), if it wants to, against the extension of martial law starting on Jan. 1, opposition Rep. Edcel Lagman said yesterday.

That is because of the delay in the printing of a clean copy of the joint resolution of the Senate and the House of Representatives extending martial rule, he said.

“The undue delay in the preparation and enrollment of the joint resolution could be deliberate and premeditated,” Lagman said. “The patent design is to deprive challengers of the extension from attaching in their petitions before the Supreme Court the required certified true copy of the enrolled joint resolution.”

He said the delay is aggravated by the ensuing holidays, and soon the extension of martial law would take effect. “Once the extension becomes effective, any petition or prayer for the issuance of a temporary restraining order or a writ of preliminary injunction may be mooted,” he stressed.

The Albay congressman intends to challenge before the SC the decision of Congress to extend martial law in Mindanao.

Asked to react to Lagman’s statement, Majority Leader Rodolfo Fariñas said, “Like the Speaker has stated, Rep. Lagman seems to be dictating on the majority of its duties and prerogatives, such as the time and manner of considering the request of the President to extend his martial law proclamation.”

On Friday, Fariñas said, “Since the resolution will take effect on Jan. 1, there is no need to rush it like Rep. Lagman wishes for.”

“Unlike bills approved by Congress, a joint resolution does not have to be transmitted to the President for his approval. The Speaker and I have already signed the joint resolution and (it) will be transmitted to our Senate counterparts for their signatures. Rep. Lagman may rest assured that the joint resolution will be duly enrolled before its effectivity on Jan. 1, 2018,” he said.

The Albay lawmaker said he inquired from the House secretariat and was told that it was “is still coordinating with the Senate on the reconciled version of the resolution.”

Turning to the Senate, he was informed that the House “has not yet transmitted (it) to us.”

“After extending with inordinate haste the duration of martial law in Mindanao effective Jan. 1, 2018 to Dec. 31, 2018, the covering joint resolution is nowhere to be found or has not even been prepared or enrolled eight days after the joint session adjourned,” he said.

Lagman was among those who questioned President Duterte’s martial law proclamation in April, which was good for 60 days. Before it expired in June, Congress extended it up to the end of this year.

The petitioners lost their case. The SC upheld Duterte’s proclamation. No challenge was brought against the first extension.