Rep. Edcel C. Lagman, the lead petitioner in the challenge before the Supreme Court praying for the nullification of the declaration of martial law in the whole of Mindanao, chastised Solicitor General Jose Calida for badmouthing the petitioners who include Reps. Tomasito Villarin, Gary Alejano, Emmanuel Billones, Teddy Brawner Baguilat, Jr. and Edgar Erice.
Lagman said that Calida demeaned his office by calling the petitioners “rabble-rousers” and “psychotics”.
The authentic minority in the House of Representatives led by Rep. Edcel C. Lagman has challenged before the Supreme Court today the constitutionality of President Rodrigo Duterte’s Proclamation No. 216 which imposed martial law and suspended the privilege of the writ of habeas corpus in the whole of Minadanao.
The petitioners assailed Proclamation No. 216 as bereft of sufficient factual basis and prayed that it be nullified.
Joining Lagman in the petition, which was docketed as G.R. No. 231658, are Reps. Tomasito Villarin, Gary Alejano, Emmanuel Billones, Teddy Brawner Baguilat, Jr. and Edgar Erice.
The coordinated and contrived refusal of the leadership of the House of Representatives and the Senate to jointly vote in joint session on whether or not to revoke the President’s declaration of martial law in Mindanao is a patent dereliction of a constitutional duty.
The House of Representatives and the Senate, through their respective leaders with the concurrence of the majority, have committed hara-kiri by depreciating their constitutional powers and abandoning the first line of review against an improvident and unwarranted declaration of martial law.
It is constitutionally mandatory for the House of Representatives and the Senate to immediately convene in joint session to consider whether or not to revoke the President’s declaration of martial law.
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.”
