SENATOR Francis Escudero cautioned Chief Presidential Chief Legal Counsel Salvador Panelo to exercise prudence in his statements over martial law in Mindanao.
Panelo reportedly said that should Congress disapprove the extension of martial law in Mindanao, President Rodrigo Duterte could just declare another martial law.
Escudero said that if it is for the same area and to address the same threat, it is, for all intents and purposes, an extension and not a "re-declaration".
The 60-day martial law proclamation, the validity of which had been upheld by the Supreme Court, will lapse on July 22.
The Constitution states that Congress may revoke or extend the proclamation of martial law "voting jointly, by a vote of at least a majority of all its members in regular or special session."
Senator Richard Gordon earlier said there is a valid reason for the President to extend Martial Law in Mindanao considering the extraordinary situation in Marawi.
Gordon explained that the extension will be another 60 days with Congress having the final say.
Senate Minority Leader Franklin Drilon stressed that only Congress has the power to extend martial law and the advice for the President to just issue a new proclamation if and when Congress does not approve of an extension is “an affront to the Constitution.”
“Such action will be a circumvention of the Constitution because for all intents and purposes, it is nothing more but an extension of the existing proclamation,” Drilon stressed.
Drilon issued the statement as he disproved claims that the President could just issue a new martial law proclamation if Congress does not extend Proclamation 216 placing Mindanao under martial law.
Drilon urged the President to follow the process and avoid circumventing the Constitution.
“What cannot be done directly cannot be done indirectly,” said Drilon, adding that doing so “would violate the principle of check and balance between the executive and Congress.”
“Let us respect the process,” Drilon said.
Drilon said he hopes that the executive will respect the Constitutional duty of Congress to review and approve or disapprove any extension of the martial law.
“The Constitution is clear that it is Congress that has the power to extend martial law and the President may only recommend,” Drilon said.
He cited Section 18, Article VII of the Constitution, which provides that “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.”
That provision, said Drilon, is one of the measures introduced in the Constitution “to provide a safeguard in the president’s exercise of its martial law powers,” to prevent abuses that happened when martial law was declared during the Marcos regime.
He further explained that the same provision vested Congress the power to determine the period of extension of the martial law. (SunStar Philippines)