Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017
Senate Resolution No. 049-17, adopted on May 30, 2017, expresses the Senate's position not to revoke Proclamation No. 216, which declared a state of martial law and suspended the privilege of the writ of habeas corpus throughout Mindanao. This proclamation was issued by President Rodrigo Duterte on May 23, 2017, in response to an ongoing rebellion that necessitated measures for public safety. Following discussions and briefings from various national defense and security agencies, the Senate concluded that there is no compelling reason to revoke the proclamation at this time. The resolution underscores that the proclamation does not suspend the Constitution or the protection of human rights.
Quick Answers
- What is Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017 about?
- Senate Resolution No. 049-17, adopted on May 30, 2017, expresses the Senate's position not to revoke Proclamation No. 216, which declared a state of martial law and suspended the privilege of the writ of habeas corpus throughout Mindanao. This proclamation was issued by President Rodrigo Duterte on May 23, 2017, in response to an ongoing rebellion that necessitated measures for public safety. Following discussions and briefings from various national defense and security agencies, the Senate concluded that there is no compelling reason to revoke the proclamation at this time. The resolution underscores that the proclamation does not suspend the Constitution or the protection of human rights.
- What type of law is Senate Resolution No. 049-17?
- Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017 (Senate Resolution No. 049-17) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017 enacted?
- Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017 (Senate Resolution No. 049-17) was enacted on May 30, 2017.
- What is the citation for Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017?
- Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017, Senate Resolution No. 049-17, May 30, 2017 (Philippines)
Law Information
- Reference Number
- Senate Resolution No. 049-17
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Senate
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 30, 2017
SENATE RESOLUTION NO. 049-17
RESOLUTION EXPRESSING THE SENSE OF THE SENATE NOT TO REVOKE, AT THIS TIME, PROCLAMATION NO. 216, SERIES OF 2017, ENTITLED, "DECLARING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE WHOLE OF MINDANAO"
WHEREAS, the 1987 Philippine Constitution, Article VII, Section 18, provides that:
". . . in case of invasion or rebellion, when the public safety requires it, he (President) 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 . . .";
WHEREAS, President Rodrigo Roa Duterte issued Proclamation No. 216, series of 2017, entitled, "Declaring a State of Martial Law and Suspending the Privilege of the Writ of Habeas Corpus in the whole of Mindanao," on May 23, 2017 (the "Proclamation");
WHEREAS, pursuant to his duty under the Constitution, on May 25, 2017, and within forty-eight hours after the issuance of the Proclamation, President Duterte submitted to the Senate his report on the factual and legal basis of the Proclamation;
WHEREAS, on May 29, 2017, the Senators were briefed by the Department of National Defense (DND), the Armed Forces of the Philippines (AFP), and by the National Security Council (NSC) on the factual circumstances surrounding the Proclamation as well as the updates on the situation in Mindanao;
WHEREAS, on the basis of information received by the Senators, the Senate is convinced that President Duterte declared martial law and suspended the privilege of the writ of habeas corpus in the whole of Mindanao because actual rebellion exists and that public safety requires it;
WHEREAS, the Senate, at this time, agrees that there is no compelling reason to revoke Proclamation No. 216, series of 2017;
WHEREAS, the Proclamation does not suspend the operation of the Constitution, which among others, guarantees respect for human rights and guards against any abuse or violation thereof: Now, therefore, be it
Resolved, as it is hereby resolved, To express the sense of the Senate, that there is no compelling reason to revoke Proclamation No. 216, series of 2017 at this time. ISHCcT
Adopted,
(SGD.) AQUILINO "KOKO" PIMENTEL IIIPresident of the Senate
This Resolution was adopted by the Senate on May 30, 2017.
(SGD.) LUTGARDO B. BARBOSecretary of the Senate
Cite This Law
Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017, Senate Resolution No. 049-17, May 30, 2017 (Philippines)
Resolution Expressing the Sense of the Senate Not to Revoke, at this Time, Proclamation No. 216, Series of 2017, Senate Resolution No. 049-17 (Phil. 2017)
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