The reported declaration of martial law in Mindanao is subject to the revocation by majority of all Members of the House of Representatives and the Senate voting jointly.

Any revocation cannot be set aside by President Rodrigo Duterte.

The pertinent provisions of Section 18 of Article VII of the Constitution provide:

“Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The 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.”

The respective leaderships of the House of Representatives and the Senate are urged to immediately convene Congress in joint session to discharge its constitutional duty after the submission of the President’s report.

In assessing the imposition of martial law, the Congress shall determine the factual basis of the declaration which is limited to “invasion or rebellion, when public safety requires it”, as mandated by the Constitution.

The territorial scope or coverage of the imposition may also be reviewed by the Congress to find out whether there is a constitutional basis for an expanded coverage like the entire Mindanao area.

The Constitution also provides that a “state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.”

If the Congress does not revoke the declaration of martial law, the Supreme Court may review “the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus.”

EDCEL C. LAGMAN