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Senate minority calls for joint session on martial law

Patricia Lourdes Viray - Philstar.com
Senate minority calls for joint session on martial law

In this Saturday, May 27, 2017, photo, a fire rages at houses following airstrikes by the Philippine Air Force in Marawi, southern Philippines. Philippine military jets fired rockets at militant positions Saturday as soldiers fought to wrest control of the southern city from gunmen linked to the Islamic State group. AP/Bullit Marquez, File

MANILA, Philippines — Five senators from the minority bloc filed a resolution calling for a joint Congressional session on President Rodrigo Duterte's declaration of martial law in Mindanao.

Senators Francis Pangilinan, Franklin Drilon, Risa Hontiveros, Antonio Trillanes IV and Bam Aquino filed Senate Resolution 390 on Monday.

The senators cited Section 18, Article VII of the 1987 Constitution, which states that Congress has the duty and obligation to seek information surrounding the proclamation of martial law and assess the basis for declaring military rule.

According to the constitution, "Congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the president.

Congress may also, upon the initiative of the president, extend the proclamation "for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it."

On May 23, the president issued Proclamation No. 216, which declares martial law and suspends the privilege of the writ of habeas corpus in the whole of Mindanao.

The proclamation was issued after a clash between government troops and members of a  local terror group in Marawi City.

In a report submitted to the Senate and House of Representatives, Duterte said that lawless armed groups have taken up arms in an attempt to remove Mindanao, starting with Marawi, from its allegiance to the government.

Speaker Pantaleon Alvarez and other House leaders —part of a Duterte-allied super majority—earlier said that representatives will not convene to discuss the declaration.

Senate President Aquilino Pimentel III, president of the administration PDP-Laban party, has also dismissed the idea of convening in a joint session.

READ: Congress snubs joint session on martial law as recess draws near

In an interview with ANC's Headstart on Monday morning, Sen. Grace Poe said that Congress should only convene together if they will reject the proclamation.

"I don't know what will happen in plenary. Somebody can raise an issue for us to manifest our votes, but I think a joint session, the debate now is that we should only convene together if we will reject it, but so far, I think the consensus in the Senate, having heard only what's reported in media, is that we need to be able to secure immediately the safety, at least in Marawi," Poe said.

Duterte earlier said that he will ignore the Supreme Court and the Congress, both co-equal branches of the government, as he enforces martial rule across Mindanao.

"Until the police and the Armed Forces say the Philippines is safe, this martial law will continue. I will not listen to others. The Supreme Court, Congress, they are not here," Duterte said.

The Palace has already clarified that the president will actually not ignore the Supreme Court, which can rule on the factual basis of the declaration of martial law.

"He (Duterte) is not disrespecting the Supreme Court," Presidential Spokesman Ernesto Abella told reporters in Malacañang.

"He will listen and there will have to be proper dialogue between the president as commander-in-chief. They will have an ongoing conversation regarding that," he added. 

Duterte has often made statements that are later explained by his subordinates and spokespersons. Over the weekend, the Palace also explained that the president did not make a rape joke when he told soldiers in jest that he would take the responsibility if they commit rape.

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