MANILA – Where is the signed copy of the proclamation of martial law in Mindanao, which President Duterte must send to Congress within 48 hours of having made the declaration?
According to the President, the paper he signed Tuesday night in Moscow, where he was on official visit when he decided to declare martial law to deal with the standoff between government and local terrorists in Marawi City, was “naiwan sa hotel [was left behind in the hotel in Russia],” presumably in the rush to fly home ahead of schedule.
Fielding reporters’ questions as he arrived at NAIA Wednesday afternoon, Duterte said he’d have to send someone to pick up the document.
Reporters, however, realized he was joking when he turned around after making the remark, and addressed his chief aide, Secretary Bong Go, and asked, “nasan ang papel [where is he document]?” Go then handed over to him a piece of paper, which Duterte did not show to media, though reporters presumed it was the martial law proclamation he had signed when he was in Moscow.
Following the Constitution, the President must send a report on the martial law declaration to Congress within 48 hours, for it to decide whether to let it stand or to revoke it by a majority vote.
The exact provision says: “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.”
On Wednesday afternoon, House Majority Leader Rodolfo Fariñas said there is no need for Congress to convene in joint session to act on the declaration of martial law in Mindanao, at least for this week.
Fariñas said that Speaker Pantaleon Alvarez was informed by Malacañang that the report on the martial law declaration would be transmitted in writing to Congress by Malacañang.
“Thus, no need to convene on Thursday and Friday,” he said.
Fariñas said that the joint session would be required for Congress to accept the report only if the President would deliver it personally. with a report by Lira Dalangin-Fernandez
