(Eagle News) — Voting 15-0, the Supreme Court junked the consolidated petitions that had earlier urged the high court to order Congress to convene a joint session on President Rodrigo Duterte’s martial law proclamation in Mindanao.
All 15 justices voted the junk the consolidated petitions, but for different reasons.
Thirteen of the 15 justices decided to junk the petitions saying Congress did not commit grave abuse of discretion when it did not decide to hold a joint session regarding the initial martial law declaration in Mindanao, or Proclamation No. 216.
The other two magistrates, namely Associate Justices Mark Leonen and Benjamin Caguioa, concurred with the voting dismissing the petitions, but for a different reason. They believe that the action sought for was already “moot and academic” since the 60-day martial law declaration addressed in the SC petitions had already lapsed last Saturday, July 22.
It was also last Saturday that Congress, in a special joint session, overwhelmingly approved martial law extension in Mindanao until year-end, with a vote of 261 as against the 18 who voted against it
The high court said “Congress did not gravely abuse its discretion in not convening jointly upon the President’s issuance of Proclamation No. 216 (Series of 2017).”
It said that Article VII, sec. 18 of the Philippine Constitution “imposes no such duty (to convene and vote) being limited to instances where Congress intends to revoke or extend any proclamation of martial law or suspension of the privilege of the writ of habeas corpus.”
The consolidated petitions questioning the martial law declaration were G.R. No. 231671 filed by former Health Undersecretary Alexander Padilla et al. and G.R. No. 231694 filed by former Senator Wigberto Tañada et al.
The high court issued the resolution after its en banc session today, Tuesday, July 25, 2017. (Eagle News Service)
