The Supreme Court clarified the extent of Congress’s duty to review a presidential declaration of martial law. The Court held that while the President has the power to declare martial law, Congress’s role is limited to voting jointly only when revoking the declaration. This ruling affects the balance of power between the executive and legislative branches during times of national emergency, potentially influencing how future declarations of martial law are handled.

Mindanao Under Martial Law: Must Congress Always Convene?

In Alexander A. Padilla, et al. vs. Congress of the Philippines, two consolidated petitions challenged Congress’s failure to convene in joint session to discuss President Duterte’s Proclamation No. 216, which declared martial law and suspended habeas corpus in Mindanao. Petitioners argued that the Constitution mandates Congress to convene jointly whenever the President makes such a declaration. The Supreme Court had to decide whether Congress has a mandatory duty to convene jointly upon the President’s proclamation of martial law or suspension of habeas corpus.

The petitioners in G.R. No. 231671, including Alexander A. Padilla and Senator Leila M. De Lima, sought a writ of mandamus compelling Congress to convene jointly and vote on Proclamation No. 216. Similarly, the petitioners in G.R. No. 231694, led by former Senator Wigberto E. Tañada, sought a declaration that Congress’s refusal to convene jointly was a grave abuse of discretion, along with a similar writ of mandamus. These petitions raised fundamental questions about the separation of powers and the checks and balances established by the 1987 Constitution.

The Congress, represented by the Office of the Solicitor General (OSG), argued that it has no mandatory duty to vote jointly except when revoking or extending the President’s proclamation. They maintained that the petitions raised a political question beyond the Court’s jurisdiction. Respondents argued that the Constitution requires joint voting only when Congress intends to revoke the proclamation, not merely to discuss it.

The Supreme Court dismissed the petitions, holding that Congress is only required to vote jointly to revoke the President’s proclamation of martial law or suspension of the privilege of the writ of habeas corpus. The Court emphasized that the language of Article VII, Section 18 of the 1987 Constitution is clear and unambiguous, requiring joint voting only for revocation. The Court applied the principle of verba legis, stating that when the law is clear, it must be applied literally without interpretation.

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.

The Court also examined the deliberations of the 1986 Constitutional Commission, noting that the framers intended to remove the requirement of prior congressional concurrence for the President’s proclamation and grant Congress discretionary power to revoke. This historical context supported the Court’s interpretation that Congress’s duty to convene jointly is triggered only by the intent to revoke.

Building on this, the Court addressed concerns about transparency and the public’s right to information. The Court acknowledged the importance of transparency but recognized that matters of national security may justify executive sessions. Each house of Congress retains the discretion to conduct proceedings in a manner that protects sensitive information. This balances the public’s right to know with the need to safeguard national security interests.

The Court rejected the petitioners’ argument that Congress violated the public’s right to information by not convening in joint session. The Court emphasized that Congress still conducted deliberations on Proclamation No. 216, albeit separately. The right to information on matters of national security is not absolute and can be restricted when necessary to protect national security and public safety.

This approach contrasts with the petitioners’ assertion that a joint session is necessary for a public and transparent process. The Court reiterated that the proceedings were still valid and constitutional despite the separate deliberations of each house.

Moreover, the Court addressed the propriety of issuing a writ of mandamus or certiorari. A writ of mandamus is issued to compel the performance of a ministerial duty, while a writ of certiorari is used to correct grave abuse of discretion. Because the Court found that Congress had no mandatory duty to convene jointly, neither writ was appropriate in this case.

The Supreme Court’s decision underscores the importance of respecting the separation of powers. The Court acknowledged the role of the judiciary in interpreting the Constitution but refrained from intruding into the legislative domain. This promotes a balance between the branches of government and ensures that each fulfills its constitutional responsibilities.

The Court highlighted that the Senate and House of Representatives took separate actions on President Duterte’s proclamation through their respective rules of procedure. The Senate and Senate President Pimentel, in their Consolidated Comment (Ex Abudanti Cautela), recounted the steps undertaken, indicating that both houses were actively engaged in reviewing and considering the proclamation, each in their own way.

FAQs

What was the key issue in this case?	The central issue was whether Congress has a mandatory duty to convene in a joint session following the President’s declaration of martial law or suspension of the privilege of the writ of habeas corpus, as stipulated in Article VII, Section 18 of the 1987 Constitution.
What did the Supreme Court rule?	The Supreme Court ruled that Congress is not constitutionally mandated to convene in a joint session except to vote jointly to revoke the President’s declaration or suspension. The Court clarified that Congress’s primary duty is to vote jointly when it intends to revoke the proclamation.
What is the principle of verba legis?	The principle of verba legis states that when the law is clear and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This means the words of the statute should be followed as they are written.
Why did the Court examine the 1986 Constitutional Commission deliberations?	The Court examined the deliberations to understand the framers’ intentions regarding the President’s power to declare martial law and the role of Congress in reviewing such declarations. This helped in determining whether the framers intended to mandate a joint session in all circumstances.
Did the Court find a violation of the public’s right to information?	No, the Court did not find a violation. It recognized that while transparency is important, matters of national security may justify confidential proceedings. Congress still conducted deliberations, just not in a joint session.
What is a writ of mandamus, and why was it not issued?	A writ of mandamus is a court order compelling a government body or official to perform a mandatory duty. It was not issued because the Court found that Congress had no clear, mandatory duty to convene in a joint session, thus there was no neglected performance of a legal obligation.
How does this case affect the balance of power between the President and Congress?	This case affirms the President’s initial authority to declare martial law but clarifies that Congress’s role is triggered primarily when considering revocation. This ensures the President can act swiftly in emergencies while maintaining Congress’s oversight function when it deems necessary.
What is the significance of the “separation of powers” in this ruling?	The ruling reinforces the separation of powers doctrine by recognizing the distinct roles of the executive and legislative branches. The Court avoided intruding into the legislative domain, allowing Congress to determine its internal procedures while clarifying the scope of its constitutional duties.

In summary, the Supreme Court’s decision provides a clear framework for understanding the interplay between the executive and legislative branches during times of martial law. The ruling affirms the President’s power to act decisively while preserving Congress’s role as a check, triggered when the legislative body considers revoking the declaration. The parameters set by the Supreme Court aims to balance national security and civil liberties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Alexander A. Padilla, et al. vs. Congress of the Philippines, G.R. No. 231671, July 25, 2017