QUEZON City, Philippines (Eagle News) — Former and present officials of the government on Tuesday, June 6, filed a mandamus petition before the Supreme Court to compel Congress to hold a joint session on the declaration of martial law in Mindanao.
“Legislative review of the exercise of the martial law powers is therefore meant to provide democratic check or sanction to the exercise of such powers. This democratic checking or validating powers is for the protection of the people whose rights are placed at risk by the use of such powers,” the petitioners led by former senator Rene Saguisag former party-list lawmaker Loretta Ann Rosales, detained Senator Leila De Lima, former PhilHealth Director Alexander Padilla and law professor Rene Gorospe said.
The petition also included a list of over 300 lawyers led by former solicitor general Florin Hilbay.
The petitioners believed that the constitutional provision on martial law imposes on Congress a “mandatory obligation” to convene in joint session.
“Whether the result of such convening is a vote to revoke or support the exercise of martial law powers, the Constitution does not qualify. What the Constitution requires is not so much for Congress to exercise its discretionary veto powers but for Congress to perform, in joint session, its constitutional obligation to review the act of the President,” they pointed out.
“These acts cannot be considered compliance with the clear constitutional requirement for Congress to convene and vote jointly. They are ineffectual in relation to the Congress’ obligation to jointly convene and vote consistent with its obligation under Article VII Section 18 [of the Constitution],” the petitioners added.
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