House rejects proposals for separate voting to extend martial law in Mindanao

July 21, 2017

The House leadership rejected Friday proposals for Congress to vote separately during Saturday’s morning joint session after President Rodrigo Duterte called a special session for the House of Representatives and the Senate to extend the martial law proclamation and suspend the privilege of writ of habeas corpus in Mindanao until December 31. House Majority Floor Leader and Ilocos Norte Rep. Rodolfo Fariñas, who chairs the powerful House committee on rules, explained that voting separately may result to a deadlock. “Indeed, if each House votes separately and decides differently, we will have a deadlock and won’t be able to revoke or extend martial law,” said Fariñas in response to the concerns by some senators that their small number compared to the 291 members of the House of Representatives may render them irrelevant during the joint voting. Before proceeding to the 9 am joint session Saturday morning, Fariñas said the rules for the joint session will be discussed by them and senators during a breakfast. “We will discuss it with them privately so as not to ruffle anyone’sfeathers,” said Fariñas. Fariñas explained that the 1987 Constitution was very clear on its provision that Congress may revoke or extend the martial law proclamation in a joint session through joint voting in a regular or special session “If the two Houses of Congress vote separately in revoking or extending the proclamation of martial law, I am almost certain that the Supreme Court will rule such unconstitutional,” Fariñas explained. “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 Constitution stated. “Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it,” the Constitution added. In his letter to Congress, Duterte has claimed victory on his war against terrorism in Marawi City, but stressed the need to extend martial law declaration and suspension of the privilege of writ of habeas corpus in Mindanao until December 31 to protect and preserve the integrity of the country. “Despite the progress and significant strides that we have achieved against [terrorists] and its sympathizers, however, the rebellion persists and a lot more remains to be done to completely quell the same and bring back public order and safety in Mindanao,” said President Duterte in his seven-page letter to Congress dated July 18. DMS.