The Supreme Court on Tuesday deferred action on the issuance of a temporary restraining order (TRO) on the imposition of martial law and the suspension of the writ of habeas corpus as it granted the request of acting Justice Secretary Agnes Devanadera to transfer the venue of the trial of the 20 murder cases filed against Datu Unsay town Mayor Andal Ampatuan Jr. from the Cotabato City Regional Trial Court to a Quezon City court.

Instead, the High Tribunal resolved to consolidate the five petitions filed by former Senate President Jovito Salonga and 21 others Monday and gave the respondents until December 14 to submit their comment on the petition assailing Proclamation 1959 for being unconstitutional and having been issued in grave abuse of the President’s discretion.

Named respondents in the petition assailing the issuance of Proclamation 1959 were President Arroyo in her capacity as Armed Forces of the Philippines commander-in-chief; Executive Secretary Eduardo Ermita, Defense Secretary Norberto Gonzales, and Local Government Secretary Ronaldo Puno, Acting Justice Secretary Agnes Devanadera, Budget Secretary Rolando Andaya, AFP Chief of Staff Victor Ibrado, PNP Chief Director General Jesus Verzosa, and Eastern Mindanao Command Chief Lieutenant General Raymundo B. Ferrer.

Andal Jr. is detained at the National Bureau of Investigation (NBI) and currently facing 31 murder cases for allegedly masterminding the massacre of 57 persons last November 23 in Ampatuan town. However, at the time that Devanadera requested for a change of venue of the murder trial, there were only 20 murder cases filed against Andal Jr. before the court.

In a press briefing, Supreme Court Deputy Spokesperson Gleo Guerra said “the court feels there is no need to issue a TRO at this point in time” although Guerra said the court saw the urgency of the petition the reason why it required the respondents to submit their comments within a non-extendible period of five days.

Upon receipt of the comments, Guerra said the SC will deliberate anew on whether or not to hold an oral argument on the petition.

Guerra said the traditional Christmas recess of the SC “will not be a hindrance” in the resolution of the petitions assailing Proclamation 1959, saying “there are constitutional rights involved here.”

“The Court will resolve the case within 30 days upon filing of the petition,” she added.

The state of emergency declared by President Arroyo in the province of Sultan Kudarat and Cotabato City will continue as the Court likewise deferred action on the petition of Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan assailing Proclamation 946 as well as Administrative Order 247 giving Interior and Local Government Secretary Ronaldo Puno the power of administrative control over the ARMM.

Instead, the Court required the respondents to comment within a non-extendible period of five days.

On the case of Mayor Ampatuan Jr., the Court directed Sultan Kudarat Judge Melanio Guerrero to forward the records of the murder cases to Quezon City Executive Judge Ofelia Marquez who shall raffle the cases among the QC RTC branches.

After which, the court said trial will be held in Camp Crame which is capable of providing adequate security and the space to accommodate the witnesses and the respondents.

Meanwhile, opposition senators condemned the delay in the convening of Congress to hold a joint session to review President Arroyo’s declaration of martial law in Maguindanao as differences on the rules that would apply to their joint session forced the two legislative chambers to reset their session from Tuesday to Wednesday afternoon.

Despite claims by House leaders that they are cold to the holding of the joint session, Senate President Juan Ponce Enrile, a constitutionalist, is sticking to a constitutional provision that mandates both legislative chambers to hold a joint session to look into the report of the President.

While some quarters are questioning the imposition of martial law in Maguindanao, key leaders of various provincial government and congressional districts in Mindanao agreed that martial rule in the troubled province helped guarantee a fair playing field in politics and peace in the region during next year’s elections.

In a press conference held at the House of Representatives, Mindanao governors and congressmen also dared martial law critics to visit Maguindanao and other provinces in the South to see for themselves whether or not there are bases for assailing the Arroyo government for proclaiming martial law in the province.

As this developed, Senator Mar Roxas demanded that members of the Ampatuan family be summoned during the joint session of Congress to shed light on massive cheating in Maguindanao every time there is an election.

Roxas said it was important for lawmakers to determine the veracity of allegations that the declaration of martial law in Maguindanao was merely an attempt by the Arroyo administration to gag the Ampatuans from revealing the role they played in manipulating results of elections.

Reports have it that the supposed tampering was ordered by the Ampatuan family. (With reports from Mario B. Casayuran, Rolly T. Carandang, and Ben R. Rosario)