The voting was an all-or-nothing affair. The Aye votes came from 16 senators and 245 House members; the Nays from 4 senators and 14 House members.
(UPDATE 4 – 4:25 p.m.) MANILA, Philippines – With a vote of 261-18, both houses of Congress gathered jointly voted on Saturday to extend President Rodrigo Duterte’s declaration of martial in Mindanao, and the suspension of the privilege of habeas corpus, for another five months or up to December 31, 2017.
The vote for the resolution was 261-18 with the senators and congressmen voting jointly in a special session Saturday.
The Yes votes to the extension came from 16 senators and 245 House members; the No votes came from 4 senators and 14 House members.
The senators who voted against the extension were Francis Pangilinan, Franklin Drilon, Bam Aquino and Risa Hontiveros.
The 14 members of the House who voted against extension were: Reps. JC Belmonte, Bordado, Brosas, Alejano, Casilao, Castro F.I., Atienza, Baguilat, De Jesus, Elago, Lagman. Tinio, Villarin and Zarate.
The joint voting was mandated by the Constitution, which vested upon Congress the power to approve or revoke the extension of martial law beyond 60 days.
A total of 28 lawmakers – 7 senators and 21 congressmen – took the floor to interpellate the speakers from the Executive and defense officials composed on Executive Secretary Salvador Medialdea, Defense Secretary Delfin Lorenzana, National Security Adviser Hermogenes Esperon and Armed Forces of the Philippines chief Eduardo Año.
Earlier, leaders of the Senate and House of Representatives held a breakfast meeting to discuss the rules to be adopted for the joint session.
Drilon amendment not carried
Before the joint voting, Senate Minority Leader Franklin Drilon proposed an amendment to shorten the period of extension to 60, but the motion was lost during the voting among senators.
Sen. Drilon said: “If this Congress gives full and unqualified assent for the continued martial law in the entire Mindanao, where there is no evidence of actual rebellion outside Marawi City, then we might have just been reduced to a mere echo chamber. We would then have abdicated our duty under the Constitution to allow Martial Law only in cases of actual rebellion and when public safety requires it.
“If we shirk from our role as the supreme policy-making body and allow, without any basis, the extension of martial law in the entire Mindanao, tomorrow we will wake up with martial law being declared in the entire country, under the justification of an existing rebellion in Marawi City and the threat, however remote, of rebellious activity spilling over other parts of the country.”
Pacquiao quotes from Bible
Senator Manny Pacquiao voted for the extension and quoted a Bible verse to back his decision.
“In the Bible, it says, let everyone submit to the authority . . . Authorities have been established by God . . . whoever rebels against the authorities rebel against God,” he said.
Pacquiao, a Mindanaoan, also said that it was time to “support the government in the exercise of its authority and the power to discipline the people.”
Lagman: No to extrapolation of rebellion
In voting against the resolution to extend, Albay Rep. Edcel Lagman said there was “no sufficient factual basis for the extension.”
Lagman also said the coverage of martial law “could not be extrapolated to the entire Mindanao when there is no actual rebellion.” He also said that the period of extension should not go beyond the original period of 60 days.
For his part, Bayan Muna partylist Rep. Carlos Zarate said, “Huwag tayong maging bulag at bingi sa panawagan ng ating mga kababayang patuloy na nagdurusa sa evacuation centers, nahihintatakutan sa kanilang mga barangay at baryo, dahil sa karahasang militar at walang habas na pambobomba bunga ng Martial Law (Don’t be deaf and blind to our countrymen languishing in the evacuation centers, those overcome by fear in the midst of military harassment and bombings in their villages).”
“Pangarap nilang makabalik sa kanilang mga tahanan at muling makapamuhay. Hindi ito mangyayari sa pagpapalawig ng Martial law sa Mindanao o saanmang panig ng bansa (They yearn to return to their homes. Extending martial law will not let this happen),” he added.
Atienza: Charter never intended 150-day extension
Party-list Rep. Lito Atienza of Buhay party-list, a member of the House Minority, said he voted “no” for one compelling reason: the 1987 Constitution does not contemplate martial law going beyond 60 days.
While he appreciated the reasons invoked by security officials who tried to explain the need for martial law, Atienza said there was no compromising the mandate of the Charter, stressing it is not the intention of the present Constitution to allow an extension of 150 days.”
“Wala po sa ating Saligang Batas ang (There is nothing in our Constitution about) 150-day extension, which is longer than the original [martial law period],” he said.
Atienza said a 60-day extension, “clearly mandated by the Constitution,” could have been something he would have considered.
He lamented how the majority of House members, given an opportunity to strengthen democracy, chose to go with the flow, and congratulated peers who “stood fast to defend the Constitution.”
Senator Risa Hontiveros expressed fear that the extension of martial law in Mindanao would “pave the way for a Philippines-wide martial law.”
She added that while the Armed Forces of the Philippines had been clear in demonstrating the threat of terrorism in Marawi, one thing remained unanswered: “Exactly how Martial Law contributes to meeting this threat. Walang maisagot dito ang ating mga security advisers, na ang tanging nasabi ay kailangan ng enhanced security-based operations (Our security advisers could not answer this; all they could say was there was a need for enhanced security-based operations).”
Creeping authoritarian rule
Akbayan Rep. Tom Villarin said: “It is a sad day for democracy and rule of law. Martial law extension, while vested in Congress, gives a false appreciation and an unbridled application of the recent Supreme Court decision. It is false as it does not vest extra powers to the President. It does not give him steroids. It is much ado about nothing to counter terrorism. But what it gives is ‘unbridled exercise of extraordinary powers’ beyond what is mandated by the Constitution. It eliminates check and balances critical in a democracy. It now operationalizes creeping authoritarian rule.”
Gabriela partylist Rep. Arlene Brosas said “martial law has licensed the full-blown militarist approach that has displaced over 300,000 families in Marawi and thousands more in other Mindanao provinces.”
She said Congress should put an end to the “extraordinary powers that is martial law, and the grave abuses that come with it.”
Kusug Tausug Partylist Rep. Shernee Tan voted in favor of the extension and even proposed to expand martial law to the entire country. She was giggling as she made her controversial suggestion, raising eyebrows from observers.
Commotion, lightning protest
The interpellation of government resource persons was briefly interrupted by seven youth activists who managed to slip through security into the gallery of the session hall where they unfurled banners saying “No to Martial Law” and shouted “Never again, never again to martial law!”
A lightning protest happened as ACT-Teachers Representative Antonio Tinio was questioning Defense Secretary Delfin Lorenzana.
House security immediately pounced on the protesters and escorted them outside the session hall and to the legislative security building, where they were held.
One of the protesters, Mikael Heriane of Kabataan party-list, said they were protesting on behalf of lumad communities in Mindanao who have been displaced by military operations as well as the alleged spike in human rights abuses since martial law was declared.
Malacañang’s justification
Executive Secretary Salavdor Medialdea said the President called upon Congress to extend martial law and the suspension of the writ of habeas corpus because of the following:
*The Daesh-inspired rebel groups, namely, the Maute group, the Abu Sayyaf group, the Ansarul Khilafah Philippines, and the Bangsamoro Islamic Freedom Fighters, continue to offer armed resistance in a new type or urban warfare, using high-powered and military-grade weapons such as rocket-propelled grenades and a huge supply of ammunitions.
*The rebel groups’ leadership, notably Isnilon Hapilon and the Maute brothers, has remained intact and at large. In addition, terrorist groups from various parts of Mindanao, espousing or sympathizing with the same ideology, are prepared to supply and reinforce the rebel groups in Marawi City or launch diversionary attacks elsewhere.
*Foreign terrorist fighters have joined the fray by coming to the Philippines as reinforcements, like the 20 recently identified Indonesians who actually fought in Marawi City, or by providing financial and material resources, like Malaysia fugitive Mahmud bin Ahmad, who is believed ti have links with the Daesh in the Middle East.
*Of the 279 personalities identified and ordered to be apprehended, under Arrest Order Nos. 1 and 2, only 2 have so far been neutralized or detained, while the rest have either escaped the military’s dragnet or temporarily dug up, and they continue to pose a danger to the security of the whole Mindanao island and a threat to public safety.
Quorum declared, voting nominal
Both the Senate, with 14 members present, and House of Representatives, with 242, declared a quorum.
Voting was to be nominal, with each lawmaker indicating “aye” or “nay” on being called, and after the votes are in, give the choice of explaining their vote within one minute, or, on declining to do so, assign their time to another member of the same chamber.
Senate Majority Leader Vicente Sotto III said joint voting will be followed despite some senators’ stated intention to move for a separate vote for each chamber.
But questions on the rules were immediately raised.
Albay Representative Edcel Lagman questioned Section 14 of Rule 8 that allows a member of Congress to make an explanation of his or her vote after the nominal voting, arguing that explanations should not be post mortem.
The government’s top security and defense officials were present in anticipation of a security briefing and to answer questions from lawmakers. (Additional reportage by Patricia Aquino, InterAksyon)
Click and watch this video clip of the announcement by House Speaker Pantaleon Alvarez:
Click and read the resolution from the joint session below