Senate, House to conduct joint session on martial law Tuesday

(Updated 4:23 p.m.) The two chambers of Congress would conduct a joint session Tuesday afternoon to discuss the imposition of martial law in Maguindanao province, Senate President Juan Ponce Enrile said Monday.

Enrile said 19 senators who attended a closed-door caucus earlier in the day voted for the conduct of the joint session. Only Senators Pilar Juliana Cayetano, Miriam Defensor Santiago, Lito Lapid and Antonio Trillanes IV, who is currently detained, were absent in the caucus.

Enrile said he had conveyed to House Speaker Prospero Nograles the Senate's decision, and the latter agreed.

Nograles, however, said the conduct of a joint session on Tuesday is not yet final: "We will first meet with Senate leaders and legal tonight to as soon as possible agree on rules of procedure which will govern joint session. Otherwise the session will be chaotic."

There are currently no specific rules on the conduct of joint sessions on martial law under the respective rules of the two chambers.

"After rules are approved by both Houses we agree on date of session," Nograles said.

Enrile said Defense Secretary Norberto Gonzales and Justice Secretary Agnes Devanadera would be invited for the joint session to present the report stating why President Gloria Macapagal Arroyo had promulgated martial law in Maguindanao.

Senate President Juan Miguel Zubiri said that after all the questions have been exhausted, the lawmakers would then decide if they will revoke Proclamation 1959, or shorten or lengthen its imposition.

Proclamation 1959 was imposed upon the province two weeks after the November 23 massacre that left at least 57 people dead, including 30 journalists. Members of the Ampatuans, a powerful political clan that used to be closely allied with President Arroyo, are being tagged as suspects in the mass murder. 

Under the law, the President is required to submit to Congress a report in person or in writing within 48 hours of the declaration of martial law. Congress, voting jointly, may revoke the proclamation with a majority vote.

With 268 House members and 24 senators, at least 147 votes are needed to revoke Proclamation 1959, said Nograles, who earlier in the day filed a resolution expressing support for martial law in Maguindanao. 

If 146 other House members sponsor his resolution, that indicates that Congress would not revoke Proclamation 1959 for the meantime. 

"Obviously we do not have the numbers in the Senate, but our members wanted to voice their sentiments on the issue. If we lose in the voting, so be it," Zubiri said. 

Opposition at the House

At the House, two resolutions seeking to revoke Proclamation 1959 have been filed: House Resolution 1528 by Akbayan Representatives Risa Hontiveros Baraquel and Walden Bello, and Joint Resolution 52 by the progressive party-list bloc, which includes Bayan Muna Representatives Satur Ocampo, Teddy Casino, Neri Colmenares; Gabriela Representatives Liza Maza and Luzviminda Ilagan; Anakpawis Representatives Rafael Mariano and Joel Maglunsod; and Kabataan Rep. Raymond Palatino.

HR 1528 questioned Proclamation 1959, saying it had no basis. "The existence of firearms in the custody of the Ampatuans is not tantamount to staging a public uprising or an actual rebellion warranting a declaration of martial law."

JR 52, meanwhile, said: "The imposition of martial law in Maguindanao is not only without constitutional and factual basis but is also an 'overkill' considering the presence of four thousand members of the armed forces in the province and the arrest of many of the Ampatuans under Proclamation 1946 declaring a State of Emergency in Central Mindanao, which has not been lifted up to now."

Around 50 militants picketed in front of the Batasan Pambansa earlier in the day to protest the declaration of martial law. 

Bayan Muna and Partido Lakas ng Masa protesters chanted "Never Again to Martial Law!" outside the complex's south wing gate, and urged lawmakers to revoke Proclamation 1959.

"Such unwarranted proclamation as 1959 brings serious implications on the rights of every Filipino. Similar scenarios of violence and turmoil can be manufactured by agents serving the Arroyo regime, to effect a no-elections or a martial law situation in 2010, for Arroyo to suppress critics and perpetuate her hold on power," Bayan Muna said in a statement.

The protesters burned papers marked "Proclamation 1959" as a symbol of their opposition to the suspension of the writ of habeas corpus, which came two weeks after the November 23 massacre of at least 57 people in Maguindanao. - LBG/RSJ/KBK, GMANews.TV