MANILA – Following three hours of debate, the Senate Tuesday night voted 12-9 to reject minority-sponsored Resolution 390 calling on Congress to convene a Joint Session to tackle the declaration of martial law in Mindanao.
Before the tight vote on the calling of the joint session, the senators voted 17-5 to support the declaration of martial law itself and the suspension of the writ of habeas corpus in the southern region.
Senate President Aquilino Koko Pimentel III led those who voted against Resolution 390, the others being Majority Leader Tito Sotto and Senators Nancy Binay, Juan Angara, Joseph Victor Ejercito, Richard Gordon, Gregorio Honasan, Panfilo Lacson, Loren Legarda, Emmanuel Pacquiao, Cynthia Villar and Juan Miguel Zubiri.
Voting to call a joint session were: Senators Paulo Bam Aquino, Frank Drilon, Riza Hontiveros, Francis Pangilinan, Antonio Trillanes, Francis Escudero, Sherwin Gatchalian, Senate President Pro Tempore Ralph Recto and Grace Poe.
The last four senators were among the 17 who earlier endorsed the declaration of martial law through Resolution 388, but parted ways with the majority in backing the resolution to convene a joint session, saying it was important to have a full and transparent discussion of the issues.
The Senate, however, voted down proposed Senate Resolution No. 390 filed by the minority senators. “It is incumbent upon both the Senate and the House of Representatives to conduct a joint session for the purpose of determining the constitutional and factual validity of the proclamation, of preventing abuse in its implementation, and ensuring the safety of the people of Marawi and the whole Mindanao,” proposed Senate Resolution No. 390 said.
Voting against the resolution were Pimentel, Sotto, Ejercito, Legarda, Lacson, Pacquiao, Villar, Zubiri, Gordon, Angara, Binay and Honasan while those in favor were Recto, Drilon, Aquino, Escudero, Gatchalian, Hontiveros, Pangilinan, Trillanes and Senator Grace Poe.
The resolutions came a week after President Rodrigo Duterte issued Proclamation No. 216, series of 2017, which declared a state of martial law and suspended the privilege of the writ of habeas corpus “in the whole of Mindanao.”
According to Resolution 388 which 17 senators voted for against 5 who did not, the Senate at this time “agrees that there is no compelling reason to revoke Proclamation No. 216 series of 2017.”
Basis for declaration
“On the basis of information received by the senators, the Senate is convinced that President Rodrigo Duterte declared martial law and suspended the privilege of the writ of habeas corpus in the whole of Mindanao because actual rebellion exists and that public safety requires it,” said the resolution, introduced by Pimentel.
Article VII, Section 18 of the 1987 Philippine Constitution provides that “in case of invasion or rebellion, when the public safety requires it, he (President) may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”
The resolution noted that the proclamation “did not suspend the operation of the Constitution, which among others, guaranteed respect for human rights and guards against any abuse or violation thereof.”
The resolution said that last May 25, the president submitted to the Senate his report on the actual and legal basis of the proclamation, “pursuant to his duty under the Constitution, on May 25, 2017, and within 48 hours after the issuance of the proclamation.”
It added that the senators had been briefed by the Department of National Defense (DND), the Armed Forces of the Philippines (AFP), and by the National Security Council (NSC) on the “factual circumstances surrounding the Proclamation as well as the updates on the situation in Mindanao.”
The minority senators said they supported the AFP and PNP operations against terrorists in Marawi, but stressed that the proper venue for affirming support for martial law was a joint session by Congress.
“This is not the proper venue to revoke or not, but in a joint session. Hence, our resolution,” said Aquino.
Senator Pangilinan, in pushing for Resolution 390, recalled the Supreme Court decision on then-President Arroyo’s declaration of martial law in Maguindanao in 2009, when the members of both the Senate and House did an automatic review of the President’s declaration in a joint session.
Still, some members of the Majority said there was a difference between 2009 and 2017: the lawmakers then were united in their desire to revoke the declaration by President Arroyo.
“The issue and matter of revocation of the declaration of martial law should be properly debated,” said Pangilinan.
The discussion on the merits will only be valid if it is done In joint session, he added.
Without that joint session, there would be no record of the congressional discussions on this particular martial law, said the senator.
Senator Gordon said the Constitution only mandated a joint session if there was a consensus to revoke. “If the minds of the members of both chambers is made up, there is no need for them to convene,” he said, speaking in Filipino.
Sen. Hontiveros recalled, however, that Gordon and Zubiri, in 2009, had both favored convening a joint session to tackle the Arroyo martial law declaration.
Minority Leader Drilon said all five members of the Minority obviously want to revoke Duterte’s martial law declaration.
“Obviously we want to revoke martial law. With the briefing yesterday of security advisers, [it is clear] the lawlessness can be resolved,” said Drilon.
Drilon said revocation as soon as possible was important because of the “harm” it was causing. He cited the cancellation of tourist bookings, and the supposed dampening of the investment climate, among others.
Aquino made it clear, meanwhile, that not everyone in the Minority who wants a joint session is seeking to revoke the declaration.
Senator Poe, who supported the declaration but voted for a joint session, said: “For history, they will always look back and look at our discussion on this . . in the future, when they need to make a similar decision. It is our responsibility to be able to debate on this, not hampering the decision of the military to imediately secure the safety of our countrymen.”
Senators Legarda and Ejercito, who in recent days had favored calling joint session, voted otherwise. Ejercito explained he wanted to give the Armed Forces the least disruption in their mission to contain the terrorist threat.
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