MANILA, Philippines - Even after President Arroyo lifted the declaration of martial law in most of Maguindanao province Saturday overtaking a joint Congressional session, some of the President’s critics are now pushing for the Supreme Court (SC) to still render a ruling on the numerous petitions filed on the martial rule proclamation.

“We urge the Supreme Court to rule on the constitutionality of Proclamation 1959 even after President Arroyo lifted martial law in Maguindanao Saturday night,” former Senate President Franklin Drilon said in a statement Sunday.

“The Supreme Court must make decision on the matter for the future guidance of the nation. Malacañang may not admit it, but a major consideration in the lifting was the apparent inability of government to defend its legality,” said Drilon who is also a senatorial bet of Liberal Party (LP) and a former justice secretary.

Drilon said he expects the government to argue before the SC that the petitions against the Proclamation No. 1959 be dismissed for being moot and academic due to its lifting Saturday.

“We disagree and we urge the Supreme Court to rule on the constitutionality of the proclamation so that such gross violation of the constitution, an impeachable offense, will not be repeated in the future. This is a very important issue since this is the first time that martial law was declared under the 1987 Constitution. The Supreme Court must not miss this golden opportunity to define the parameters of the presidential powers in order to prevent its abuse in the future,” said Drilon said.

“Transcendental importance”

Drilon cited that the high Court had ruled previously on some cases that were considered moot and academic due to their “transcendental importance.” He cited the controversy on the aborted Memorandum of Agreement on Ancestral Domain (MOA-AD) entered into by the Philippine government and the Moro Islamic Liberation Front (MILF).

The former Senate President said that the SC ruled on the petition against the MOA-AD even after government lawyers pointed that the issue was considered moot and academic since Malacañang was no longer signing the agreement with the MILF.

The SC also ruled on petitions against Proclamation No. 1017 which declared a state of national emergency last February 2006 even after it was lifted. Proclamation No. 1017 was issued on alleged attempts by the “extreme left and the extreme right” to bring down the government. It was lifted March 3, 2006, 1 week after it was declared.

The SC said that the declaration of the state of national emergency was within the military powers of the President but it held unconstitutional the warrantless arrests and warrantless search launched based on the state of national emergency proclamation.

Correct exercise of presidential powers

A joint statement on Saturday of the LP standard bearers in the 2010 national elections, Sen. Benigno Aquino III and Sen. Manuel Roxas II also said that the SC “must continue to examine and pass judgment on this illegal martial law declaration in order to set the proper guidelines for the correct exercise of the President’s powers.”

The leader of Migrante-Middle East, an alliance of overseas Filipino workers organizations based in the Middle East, also sought for an SC ruling.

“Though martial law has been lifted, the Supreme Court must proceed to discuss the merits of the several petitions filed before it so that it would set as precedence to any unconstitutional declaration of martial law such is the Proclamation 1959,” said John Leonard Monterona, Migrante-ME regional coordinator, in a statement.

The third paragraph of Section 18 of Article VII of the Constitution states that the SC “may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.”

Comments ordered

The SC had earlier deferred making a ruling on petitions seeking a temporary restraining order on the implementation of Proclamation No. 1959.

The high Court instead ordered President Gloria Macapagal Arroyo, Executive Secretary Eduardo Ermita, the Armed Forces of the Philippines, and the Philippine National Police to comment on the five separate petitions filed questioning the constitutionality of the proclamation.

Respondents were given until December 14 to submit their comment.

Among the petitioners include Maguindanao Representative Didagen Dilangalen; National Union of People's Lawyers together with Bayan and Gabriela; Ampatuan lawyer Sigfrid Fortun and Albert Lee Angeles; former Senate President Jovito Salonga together with former University of the Philippines College of Law Dean Raul Pangalangan, along with lawyers Harry Roque Jr., Joel Butuyan, Emilio Capulong, Florin Hilbay, Romel Bagares, Dexter Donne Dizon, Allan Jones Lardizabal, and Gilbert Andres; and, law student Joseph Nelson Loyola.

No more voting

Meanwhile, House Speaker Prospero Nograles Jr. said on Sunday that the joint session of Congress will still convene Monday afternoon even with the lifting of martial law in most parts of Maguindanao.

“We have to meet in joint session on Monday because the session was only suspended last Thursday. We will still allow those wishing to speak but we will adjourn the joint session shortly thereafter,” said Nograles in a statement.

He said however that there will members of Congress will no longer vote on the revocation of the presidential proclamation since the joint session has been “overtaken by events.”

“There is no need to vote. We will meet only to adjourn formally and preserve the historic records of the joint session… As for the resource persons, I do not think that their presence is necessary for adjournment on Monday. Hence, we will not send them any notice to appear in the House,” said Nograles.

House Majority Leader Arthur Defensor meanwhile said that those who are still willing to state their respective positions on Proclamation 1959 may be allowed to do so before the joint session would be formally ended.

“I have been informed that Speaker Nograles and Senate President [Juan Ponce] Enrile have agreed to meet tomorrow to allow all those wishing to speak out their respective positions and reactions to air them in plenary,” said Defensor in the statement.