Martial law: A grand set-up in the making

Let us beware. Let us not be lulled into another legal shortcut by Gloria Arroyo. We should learn our lesson from what happened in January 2001 when we closed our eyes and even aided her in grabbing power from an elected, although incompetent, president. Since then, she has made a mockery of the Constitution and perverted democratic institutions. And we allowed her. She got away with subverting the will of the people in the 2004 elections. She got away with multi-billion scandals. Why then would she stop? Last Friday, she issued Proclamation 1959, another proof of her contempt for the law and condescending attitude towards the Filipino people. If she gets away with 1959, she would be encouraged to impose Martial Law in the whole country. Proclamation 1959 declares a state of Martial Law and suspends the privilege of the writ of habeas corpus in the province of Maguindanao. The Constitution provides only two grounds for the imposition of martial law: rebellion and invasion. Rebellion is defined in the revised Penal Code as “rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof...” Invasion is entrance of an armed force into a territory to conquer. Surely, there was no invasion by foreign forces. Proclamation 1959 was made to supposedly restore order in Maguindanao caused by the massacre perpetrated allegedly by the Ampatuan clan, political allies of Arroyo. In 2004, the Ampatuans helped Arroyo tamper with the results of the 2004 elections in her favor. In 2007, the Ampatuans also helped some of Arroyo's candidates become senator. In the Nov. 23 massacre, 58 persons were killed identified as members of family and supporters of the Mangudadatu clan, political rivals of the Ampatuans but also allies of Arroyo. Thirty-one of those killed were members of media. Others were innocent motorists who happened to be in the area when the abduction took place. The charges filed against Mayor Andal Ampatuan, Jr., who was identified by witnesses as the one who directed the massacre, were several counts of murder. It was not rebellion or invasion. As correctly pointed out by Rep. Didagen Dilanggalen (Maguindanao, 1st district), the Ampatuans are allies of the Arroyo government. They did not take up arms for the purpose of removing allegiance from the Arroyo government. Proclamation 1959 provided an exception. It states that Martial Law is not operative in areas identified as territory of the Moro Islamic Liberation Front, which advocates secession. The irony of the exception was not lost on a Muslim lawyer who quipped, “The Philippine Government declared martial law in Maguindanao to quell rebellion except in places where there are rebels.” The Supreme Court took exception to “whereas” number five of Proclamation 1959 saying “that local judicial system and other government mechanisms in the province are not functioning.” Lawyer Midas Marquez, Supreme Court deputy court administrator and spokesperson said that the cases filed in the Cotabato trial court in connection with the Maguindanao massacre continued to develop over the past days. Search warrants issued out of the Kidapawan regional trial court also made the police raids on the Ampatuan houses possible. “This is far from a picture of a non-performing judicial system,” he said. Justice Secretary Agnes Devanedara has come up with another tack: “brewing rebellion.” What Constitution is Malacañang’s legal advisers using? The 1935 Constitution? The 1935 Constitution, has included “imminent danger thereof” as basis for declaration of martial law in addition to invasion, insurrection and rebellion. But “imminent danger” has been removed and dies not appear in the 1987 Constitution. The Philippine National Police recently reported another seizure of high powered guns and arrest of 47 persons led by the patriarch of the Ampatuan clan, Maguindanao Governor Andal Ampatuan Sr. The PNP press release said, “Those arrested and undergoing investigation for involvement in armed resistance against the government as indicated by the massing of forces in several towns, mobilization of local government employees for a stand-off with government forces and stockpiling of weapons.” So, the case is now “armed resistance.” What happened to the murder charges? One discerning lawyer/blogger, SaxnViolins, said,” Stroke of evil genius na naman. The government has a less than weak case for rebellion against the Ampatuans. Is this a setup for an acquittal?” There were talks the past few days of an ace still being held by the Ampatuans against Arroyo: the original copies of the 2004 Election Returns and Certificates of Canvass which would prove Arroyo's biggest act of thievery. With the sweep of Maguindanao by the military and police, chances are the election documents are out of the hands of the Ampatuans. There was also an observation by those in touch with the Ampatuans of their reluctance to use the 2004 election cheating as leverage. Gloria Arroyo, the evil genius, is shooting several birds with one stone. Her allies, the Ampatuans, get away with murder and the evidence of her crime is destroyed. Next: martial law in the whole Philippines.