Consti_padilla vs congress.docx - PADILLA VS CONGRESS GR No...

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PADILLA VS CONGRESS GR No. 231671 July 25,2017 FACTS: It is a consolidated petitions questioning the constitutionality of the proclamation no. 216 declaring martial law and suspending the writ of habeas corpus in Mindanao on May 23, 2017 by President Rodrigo Duterte. The petitioners alleged that they have legal standing as citizens to file a petition for mandamus. Furthermore alleged that the proclamation was invalid in the absence of concurrence by joint session of congress. ISSUE: Whether or not Congress has mandatory duty to convene jointly upon the president’s proclamation of martial law or the suspension of the privilege of the writ of habeas corpus under Art. VII, Section 18 of the 1987 Constitution . RULING. NO. The provision in Article VII, Section 18 of the 1987 Constitution requiring the Congress to
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Unformatted text preview: vote jointly in a joint session is specifically for the purpose of revocation of the President's proclamation of martial law and/or suspension of the privilege of the writ of habeas corpus. In the petitions at bar, the Senate and House of Representatives already separately adopted resolutions expressing support for President Duterte's Proclamation No. 216. Given the express support of both Houses of the Congress for Proclamation No. 216, and their already evident lack of intent to revoke the same, the provision in Article VII, Section 18 of the 1987 Constitution on revocation did not even come into operation and, therefore, there is no obligation on the part of the Congress to convene in joint session....
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