Republic of the Philippines HOUSE OF REPRESENTATIVES ‘Quezon City SEVENTEENTH CONGRESS First Regular Session 13 HOUSE JOINT RESOLUTION No. Introduced by Representatives CARLOS ISAGANI T. ZARATE, EMMI A. DE JESUS, ANTONIO L. TINIO, ARLENE D. BROSAS, FRANCE L. CASTRO, ARIEL B. CASILAO and SARAH JANE L ELAGO. Joint Resolution ‘To Convene Both Houses of Congress in Joint Session For the Revocation of Proclamation No. 216, Series of 2017 (Declaring a state of martial law and suspending the privilege of the writ of habeas corpus in the whole of Mindanao) in Accordance with Art. VII, Sec. 18 of the 1987 Constitution WHEREAS, On May 23, 2017, President Rodrigo Duterte issued Proclamation No. 216, series of 2017, DECLARING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF ‘THE WRIT OF HABEAS CORPUS IN THE WHOLE OF MINDANAO as a result of the violence that erupted in the Islamic City of Marawi; WHEREAS, According to President Duterte’s Report to Congress, on May 23, 2017 a government operation to capture Isnilon Hapilon, senior leader of the Abu Sayaff, and Maute Group operational leaders Abdullah and Omarkhayam Maute, was confronted with armed resistance that escalated into open hostility against the government; WHEREAS, During that same day, the AFP, through its Public Affairs Chief Marine Colonel Edgard Arevalo, declared that the situation in Marawi City had stabilized, and that “security forces are in full control of the situation”. The military even confidently reported that they were merely conducting mopping up operations and surgical strikes on the remaining Abu Sayaff and Maute groups in Marawi City; WHEREAS, Despite announcement by government forces on the ground that the incident was a result of a law enforcement operation to serve a warrant and the enstting violence was under control and confined only in Marawi City, President Rodrigo Duterte - while still in Russia and in less than 8 hours from the time the violence ensued - announced the imposition of martial law and suspended the privilege of the writ of habeas corpus in the entire Mindanao: 1WHEREAS, The Presidential Proclamation No. 216 avers that the “Maute terrorist group, on May 23, 2017, took over a hospital in Marawi City, Lanao del Sur; that the same group established several checkpoints within the City; that it burned down certain government and private facilities, and inflicted casualties on the part of Government forces, and started flying the flag of the Istamic State of Iraq and Syria (ISIS) in several areas”, WHEREAS, The President’s Report to Congress enumerated the events, commencing on May 23, 2017, which serve as basis for the imposition of martial law in the whole of Mindanao, However, subsequent developments reveal that many of the claims contained therein were inaccurate, grossly exaggerated, or outright false. WHEREAS, A review of the President’s Report to Congress would reveal the inaccuracy, exaggeration, or falsity of the alleged events, thus: a, The attack by the Maute Group on the Amai Pakpak Hospital and hostage taking of its employees (page 3)— The hospital chief himself belied this allegation." b. The ambush and burning of the Marawi Police Station (page 4) ~The Marawi City Mayor ‘Majul Gandamra belied this allegation.” c. The killing of five faculty members of Dansalan College Foundation (page 3) ~ Available news reports only indicate rescue of 42 teachers wito were trapped during the attack, without mentioning any deaths resulting in this incident.* 4. The attacks on various government facilities in the City of Marawi (page 4) ~ Mayor Gandamra clarified that there was no takeover or occupation of government facilities or offices. WHEREAS, Based on the above actions of the Maute group and ASG, which were proven to be inaccurate, exaggerated, and even false, the President’s Report to Congress concluded that “these activities constitute not simply a display of force, but a clear attempt to establish the groups” seat of power in Marawi City for their planned establishment of a DAESH wilayat or province covering the entire Mindanao.” The Proclamation No. 216 concluded that the same acts constituted the crime of rebellion; 1 See hrtp://wunw.sunstar com ph/cagavan-de-oro/local-news/2017/05/29/hospital-chief-denies-emei-pekpak: taken-overs '544419; Also at https:/ /newsinfo,inguirer.net/$0029/hospital-in-merawi-nottaken- cover-by-maute-medical-center-chief. Last accessed May 30, 2037. ? See http://ennphilippines.com/news/2017/05/24/marawi-mayor-police-station-city-jail-not-bumed.htm, Also at htto://news.2bs-cbn.com/news/05/24/17 /bato-maute-did-not-occupy-police-station-in-marewi-city; Also at htto://neweinfo,inquirer.net/€38833/no-takeover-of-govt-faclties-In-marawi-says-mayor. Last accessed May 30, 2017. 2 See htto://www.philetar.com/headlines/2017 /05/25/1703418/marawi-fighting-leaves-21-dead-31-wounded; Also at https://newsinfo, inquirer nat/900380/marawi-ceath-toll-now-at-97-army. Last accessed May 30, 2017. 4 ‘See http://newsinfo inquirer net/898833 /no-takeover-of-govt-facilities-in-marawl-says-mavortixzz4iR2BIFQV. Last accessed May 30, 2017. aiWHEREAS, what were established by reports are the following: (1) the armed confrontation as a result of the execution of warrants of arrest against Hapilon, et al; (2) raid in the Marawi City Jail; (3) burning of schools - Dansalan College Foundation, Senator Ninoy Aquino College Foundation, and the Marawi Central Elementary Pilot School; (4) burning of Cathedral of Maria Auxiliadora; (5) establishment of check points and road blockades at the Iligan City-Marawi City junction. WHEREAS, no proof or evidence is provided in the President's report to support the claim that the terroristie acts of violence perpetrated by the armed groups in Marawi are acts of rebellion for the purpose of establishing “the groups” seat of power in Marawi City for their planned establishment of a DAESH wilayat or province covering the entire Mindanao;” WHEREAS, The 1987 Constitution sets the limits within which the President can impose or declare martial law, and suspend the privilege of the writ of habeas corpus - “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.” (Art. VII, Sec. 18) WHEREAS, The terrorist actions in Marawi City do not warrant the imposition of martial law, nor the suspension of the privilege of the writ of habeas corpus. Both the local government of ‘Marawi City and all agencies of the national government remain fully functional, The authorities have repeatedly declared that the situation is “under full control.” Previous governments were able to deal with the threat to public safety posed by much larger armed groups without resorting to martial faw, like the siege of Ipil by the Abu Sayyaf in 1995 involving more than 200 armed fighters; the Sulu siege in 2001 involving 1,000 MNLF forces; and the Zamboanga siege in 2013 involving more than 500 MNLF forces. There is no reason why the Duterte administration cannot do the same; WHEREAS, The declaration of martial law throughout Mindanao is entirely bereft of factual basis. It is unwarranted, unjustifiable, and wholly out of proportion to the threat posed by the ‘Maute and Abu Sayaff groups. Aside from the situation in Marawi, there was in fact no similar incident simultaneously occurring in the rest of the 27 cities and 422 municipalities of Mindanao, ‘much more a state of invasion ot rebellion, WHEREAS, Proclamation No. 216 is also dangerously vague and overboard as it describes “other rebel groups” as the cause for the declaration of martial law even as the Proclamation failed to cite the name and activities being conducted by these amorphous “other rebel groups” that constitute rebellion, This opens the Proclamation to broad interpretation, misinterpretation, and confusion, with incalculable adverse consequences to lives, limbs and civil liberties of people. WHEREAS, The inclusion of other rebel groups in Proclamation No, 216 may also jeopardize the ongoing peace process with armed revolutionary movements like the Communist’s New Peoples Army, Moro Islamic Liberation Front and the Moro: National Liberation Front. These armed resistance movements ate rooted on legitimate economic, social, political, and cultural causes; WHEREAS, As a means of checks and balance in the government, the Constitution requires both Houses of Congress to convene and decide whether to revoke or continue the imposition of martial 3law as provided under Article VIL, Section 18 and that 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.” WHEREAS, Several members from both Houses of Congress expressed their opinions to the ‘media as to the correctness, necessity, scope, extent, and basis of Proclamation No. 216, There is thus a need for both Houses of Congress to perform their official and constitutional mandate with Tespect the President's exercise of his under Art. VII, Sec. 18 of the 1987 Constitution, and to set the proper venue for debate and interpellation; WHEREAS, The convening of both Houses of Congress in a joint session is mandated by the 1987 Constitution. The Supreme Court declared in the case of Colmenares v. Arrayo (G.R. No. 190301, March 20, 2012) that the duty to review is automatic and therefore not optional: “President Arroyo withdrew her proclamation of martial law and suspension of the privilege of the writ of habeas corpus before the joint houses of Congress could fulfill their automatic duty to review and validate or invalidate the same.” WHEREAS, the Supreme Court reiterated the duty to convene the joint session in order to revoke or affirm the proclamation made by the President. Thus in Chavez vs JBC (G.R. No. 202242, April 16, 2013) the Supreme Court stated that “ xxx under Section 18, the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus may be revoked or continued by the Congress x x x” WHEREAS, Both Houses of Congress convened in a joint session on December 9, 2009 to decide whether to support or revoke Pres. Gloria Arroyo’s imposition of martial law in ‘Maguindanao. WHEREAS, The requirement that both Houses of Congress convene in a joint session, and not separately, is necessary in order for them to actually exercise their power to vote Jointly on the proclamation and suspension made by the President; WHEREAS, If left unchallenged, the imposition of martial law in Mindanao could just be a prelude to similar declarations of military rule in other parts of, or the entire country in the ‘immediate future. Congress should be reminded of the severe human Tights violations during Marcos’s martial law. More than 75,000 persons have filed in the Human Rights Victims Claims Board on their claims as human tights violations victims of martial rule (1972-1986), or as next of kin of victims who have suffered, died or disappeared during those dark years under dictator Ferdinand Marcos. Congress must be exceedingly on guard to protect the people from such abuse of power;WHEREAS, Violations of human rights have already been reported in the few days that the Duterte martial law was in effect.°°7*? WHEREAS, The reasons for the government's failure to stop the atrocities of both groups are the operational incompetence of the AFP and the PNP, the faulty and dismal intelligence work and widespread corruption in the AFP and PNP. Added to these are the meddling and duplicity of the United States and the CIA, the force behind the creation of Abu Sayaff and now being exposed as supplying arms to ISIS for America’s military industrial complex and geopolitical interests. But, more importantly, itis the chronic poverty, oppression, and injustice against the Moro people that enables these groups to recruit members; WHEREAS, The acts of terrorism of the Maute group and Abu Sayyaf must be condemned. The government can secure public safety through existing laws and resources without resorting to martial law. Imposing martial law and curiailing civil and political rights of those in Mindanao is a “cure” that is worse than the disease; WHEREAS, more importantly, martial law can never solve but will only exacerbate the root- causes of armed conflict, the system of foreign and feudal exploitation and oppression, including the historical marginalization of the Bangsamoro and Lumad, resulting in massive poverty and social injustice in Mindanao and the Philippines. Only thoroughgoing socio-economic and political reforms that uplift and empower the poor and oppressed will solve the armed conflicts in Mindanao and the nation as a whole, "abdullah Mamansag, a Moro resident of Brey. Salat, President Roxas, North Cotabato was killed due to military aerial bombings, and at least two farmers were illegally arrested in Maragusan, Compostela Valley, in the course of ‘the Armed Forces of the Philippines’ continuing implementation of counter-insurgency operations and inline with Pras. Duterte’s Proclamation 216. This was confirmed by Barangay Salat captain Abdillah Makalang (http://www karapatan.org/Rights+violations+intensifysin+Mindanao%7C+after+martialtlawsdeclaration); "On May 25, 2017, from S:30am to 10pm, around 240 elements of the 39th Infantry Battalion-Philippine Army ‘conducted aerial bombings and fired 50 claiber machine guns at the Moro communities in sitios Pedtobawan, Campo, Apulan, and Centro Salat of Bray. Salat, and in sitio Libpas, Brey. Tuael in President Roxae, North Cotabato and in barangays Tangkulan and Anggaan, Damulog, Bukidnon. These areas are at least 100 kilometers away from Marawi City. 105 Howitzer cannons were mounted at Brgy. Kisupaan, Pres. Roxas, North Cotabato. More than 1,000 residents (252 families) have fleed their homes. (htto://ww.karapatan.org/Rightstviolations+intensify+intMindanaok?Ctafter+martialslaws+dectaration)* 7 In Davao, around 260 individuals were illegally arrested when Davao City Police conducted "Oplan Bulabog". ‘These individuals were arrested just because they failed to show their identification cards. "In Sultan Kudarat, around 30 women were held and interrogated by the Marines foran hour, ® Relief operations are also being repressed. Even the Department of Social Welfare and Development would have to arduously secure authorization from the military before it could deliver the necessary relief packs to ‘communitiesNOW THEREFORE, BE IT RESOLVED, AS IT IS RESOLVED, that the House of Representatives and the Philippine Senate abide by their constitutional duty to immediately CONVENE in joint session, and REVOKE Proclamation No. 216, series of 2017 Adopted, i 5585S er THEO RE iT ZARATE BAYAN Party-list : bole 2. INIO L-TINIO REP. EMMI A: DE JESUS ACT Teachers Party GABRIELA Women’s Party ret D. BROSAS TRO REP, Be ei Pecherd Paty GABI Women’s Party ELAGO REP. ARIEL B. CASILAO REP. SARAH JANE LE ‘ANAKPAWIS Party-list KABATAAN Partylist ( Ns