Padilla v Congress of the Philippines

(G.R. No. 231671, July 25, 2017)

On May 25, 2017, or within 48 hours after the issuance of proclamation declaring martial law and suspending the
privilege of writ of habeas corpus in Mindanao, the President sent his report related to the proclamation to the
Senate and the House of Representatives. Both houses convened separately and issued resolutions in support
of the proclamation of martial law and the suspension of the privilege of writ of habeas corpus. The petitioners
filed the present petition, alleging that the Congress should have convened in joint session to vote on the
revocation of the proclamation and suspension, which was required under Section 18, Article VII of the 1987
Constitution.

Issue: Whether or not the Congress is required under the Constitution to convene jointly upon the President’s
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus.

Held:

No, it is not, as Section 18, Article VII of the 1987 Constitution, which states that “[w]ithin 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” was interpreted by the Court as vesting a discretionary power
upon the Congress on whether or not it will revoke the proclamation or suspension and prescribes the manner
by which it may revoke the same, i.e. by majority vote of the Congress in a joint session.

According to the Court, the above provision would only apply when one or both Houses have expressed an
intent to revoke the proclamation, after which they would be required to convene in joint session to determine if
majority of the senators and the congressmen agree to the revocation.

Here, the above provision did not even apply because the Senate and the House did not intend to revoke the
proclamation and the suspension, as evidenced by their separate resolutions showing support to the same.