These consolidated petitions under consideration essentially assail the failure and/or refusal of respondent Congress of the Philippines (the Congress), composed of the Senate and the House of Representatives, to convene in joint session and therein deliberate on Proclamation No. 216 issued on May 23, 2017 by President Rodrigo Roa Duterte (President Duterte). Through Proclamation No. 216, President Duterte declared a state of martial law and suspended the privilege of the writ of habeas corpus in the whole of Mindanao for a period not exceeding sixty (60) days effective from the date of the proclamation's issuance.In the Petition for Mandamus of Alexander A. Padilla (Padilla), Rene A.V. Saguisag (Saguisag), Christian S. Monsod (Monsod), Loretta Ann P. Rosales (Rosales), Rene B. Gorospe (Gorospe), and Senator Leila M. De Lima (Senator De Lima), filed on June 6, 2017 and docketed as G.R. No. 231671 (the Padilla Petition), petitioners seek a ruling from the Court directing the Congress to convene in joint session to deliberate on Presidential Proclamation No. 216, and to vote thereon.[1]
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We now come to the crux of the present petitions - the issue of whether or not under Article VII, Section 18 of the 1987 Constitution, it is mandatory for the Congress to automatically convene in joint session in the event that the President proclaims a state of martial law and/or suspends the privilege of the writ of habeas corpus in the Philippines or any part thereof.
The Court answers in the negative. The Congress is not constitutionally mandated to convene in joint session except to vote jointly to revoke the President's declaration or suspension.
By the language of Article VII, Section 18 of the 1987 Constitution, the Congress. is only required to vote jointly to revoke the President's proclamation of martial law and/or suspension of the privilege of the writ of habeas corpus.
Article VII, Section 18 of the 1987 Constitution fully reads:
The Court answers in the negative. The Congress is not constitutionally mandated to convene in joint session except to vote jointly to revoke the President's declaration or suspension.
By the language of Article VII, Section 18 of the 1987 Constitution, the Congress. is only required to vote jointly to revoke the President's proclamation of martial law and/or suspension of the privilege of the writ of habeas corpus.
Article VII, Section 18 of the 1987 Constitution fully reads:
Sec. 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. 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. 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.Outside explicit constitutional limitations, the Commander-in-Chief clause in Article VII, Section 18 of the 1987 Constitution vests on the President, as Commander-in-Chief, absolute authority over the persons and actions of the members of the armed forces,[66] in recognition that the President, as Chief Executive, has the general responsibility to promote public peace, and as Commander-in-Chief, the more specific duty to prevent and suppress rebellion and lawless violence.[67] However, to safeguard against possible abuse by the President of the exercise of his power to proclaim martial law and/or suspend the privilege of the writ of habeas corpus, the 1987 Constitution, through the same provision, institutionalized checks and balances on the President's power through the two other co-equal and independent branches of government, i.e., the Congress and the Judiciary. In particular, Article VII, Section 18 of the 1987 Constitution requires the President to submit a report to the Congress after his proclamation of martial law and/or suspension of the privilege of the writ of habeas corpus and grants the Congress the power to revoke, as well as extend, the proclamation and/or suspension; and vests upon the Judiciary the power to review the sufficiency of the factual basis tor such proclamation and/or suspension.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
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.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. (Emphasis supplied.)
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