CONGRESS SET TO REVIEW DECLARATION
Lawmakers were put on standby on Wednesday for a review of President Duterte’s declaration of martial law in Mindanao in response to the siege of Marawi City by terrorists.
A joint session of Congress may not be needed, as Mr. Duterte has decided to send a written report to the House of Representatives and the Senate.
Two senators blamed the attack on Marawi on a failure of intelligence, as it happened despite relentless police and military operations against the Abu Sayyaf and Maute terror groups.
Mr. Duterte has also suspended the privilege of the writ of habeas corpus in Mindanao but his declaration does not affect the courts on the island.
Keep courts open
Chief Justice Maria Lourdes Sereno on Wednesday ordered all judges in Mindanao to keep their courts open.
“All judges stationed in Mindanao are directed to report their current and continuing status to the Office of the Court Administrator through their executive judges,” Sereno said in an advisory issued by the public information office of the Supreme Court.
She also directed all judges in Mindanao to make themselves available “as far as their local circumstances may allow.”
Theodore Te, spokesperson for the Supreme Court, declined to comment on the legal implications of Mr. Duterte’s proclamation.
“Sorry. We don’t comment on political issues, especially if they might be the subject of review,” Te said in a text message to the Inquirer.
Speaker Pantaleon Alvarez said the Senate and House of Representatives would jointly convene, in compliance with the 1987 Constitution, to decide whether to ratify or revoke Mr. Duterte’s proclamation placing all of Mindanao under martial law.
“Of course. We are mandated by the Constitution to follow the appropriate process,” Alvarez told reporters.
He added, however, that it was not yet clear when the joint session would be held, as the President, who returned from Russia on Wednesday afternoon, had not yet sent a notice of his proclamation.
Under the Constitution, the President is required to report to Congress in person or in writing within 48 hours of the declaration of martial law.
Congress then votes jointly whether to approve or revoke the declaration.
In the meantime, House members were “advised to stay put in Manila,” Majority Leader Rodolfo Fariñas told his colleagues in a text message.
Fariñas, however, said later that he was leaving it to the discretion of House members whether to leave for Mindanao “if such is safe, in order to help calm our people.”
He cited Maguindanao Rep. Sandra Sema as one of the lawmakers who had opted to leave for their districts.
Written report
Later, Fariñas said a joint session of Congress would not be needed if Mr. Duterte would submit a written report.
“The Speakermadean inquiry to the President if he [would] report to Congress personally or in writing about his proclamation of martial law. If personally, we will have to convene to accept the report. If written, no need to convene,” he told reporters.
In a news conference after his arrival in Manila on Wednesday, Mr. Duterte said he did not intend to go to Congress but just send his report to the two chambers.
Alvarez, a Davao del Norte representative, said he fully believed as a resident of Mindanao that Mr. Duterte made the right decision in placing the entire island under martial law.
“Those who are saying this is a knee-jerk reaction are not familiar with the terrain there,” he said.
Fariñas called for restraint and asked everyone to reserve judgment.
“Prudence dictates that we hold judgment until we hear the President through his authorized representatives to give us a briefing. We are thousands of kilometers away and do not know the situation on the ground,” he said.
The senators met behind closed doors on Wednesday to discuss Mr. Duterte’s declaration of martial law in Mindanao.
After the meeting, Senate Minority Leader Franklin Drilon moved for the executive to conduct a briefing for the Senate on the presidential decision.