Metro Manila (CNN Philippines, June 6) — Detained Senator Leila De Lima, along with lawyers and human rights advocates, are asking the Supreme Court to order Congress to convene and discuss the declaration of martial law in Mindanao.
The petition filed before the high court on Tuesday said both houses of Congress had been mandated by law to hold a joint session to deliberate the factual and constitutional bases for martial law.
Article 7, Section 18 of the 1987 Constitution, says Congress, “voting jointly,” may revoke the President’s proclamation.
Former Commission on Human Rights chairperson Etta Rosales, one of the petitioners who handed over their plea to the Supreme Court, said the Constitution had placed checks and balances to guard against abuses in the implementation of martial law.
“The joint session as a deliberative body is not just for Congress to discuss amongst themselves. It will allow the people to listen and to know and to be able to participate if at all,” Rosales said.
Lawyer Alex Padilla represented De Lima in the filing. De Lima is at the Philippine National Police Custodial Center, where she is detained on drug charges.
Former Solicitor General Florin Hilbay, legal counsel for the petitioners, said they were not challenging the legality of Proclamation No. 216, which placed the entire Mindanao under martial law. He said they’d just want to make sure the law was being followed.
“And so whether or not Congress wants to revoke it or affirm it, we want them to do it in a way that is consistent with the language and intention of the Constitution. They have to follow the process,” Hilbay said.
Hilbay said around 300 lawyers have expressed support for their request. Their signatures are attached to the petition.
President Rodrigo Duterte declared martial law in Mindanao on May 23, following clashes between government forces and terrorist groups in Marawi City, Lanao del Sur.
In a press briefing in Malacañang hours after Tuesday’s filing, Presidential Spokesman Ernesto Abella said the petitioners could lobby before the high court as part of a democratic process.
However, Abella said he saw no point to do so.
“Isn’t it irrelevant already since both chambers already expressed support for it? Perhaps it’s irrelevant,” he said.
The Senate and the House of Representatives, voting separately last May 30 and 31, supported the declaration of martial law in Mindanao. Both dismissed calls for a joint congressional session.
House minority leaders on Monday filed a petition before the Supreme Court, saying martial law and the suspension of the privilege of the writ of habeas corpus in the region – was baseless and should be revoked.
The high court has set oral arguments on the lawmakers’ petition against martial law on June 13-15.
CNN Philippines’ Eimor P. Santos contributed to this report.
