Maguindanao lawmaker asks SC to declare martial law unconstitutional

The congressman of Maguindanao’s first district asked the Supreme Court on Monday to declare as unconstitutional the imposition of martial law in his province. Representative Didagen Dilangalen is the first to bring the controversial matter to the high court’s doorsteps. “Walang factual basis. The President can declare (martial law) in case of rebellion or invasion. Eh, wala namang invasion, wala namang rebellion (There is no factual basis. The President can declare martial law in case of rebellion or invasion. But there is no invasion or rebellion happening)," Dilangalen said in an interview on GMA’s Unang Hirit, shortly after he filed his petition. Article VII, Section 18 of the 1987 Constitution states that: “In case of invasion or rebellion, when the public safety requires it, (the President) may, for a period not existing 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. The same provision also allows the Supreme Court to review any “appropriate proceeding filed by any citizen" questioning the factual law basis of the proclamation of martial law. The same provision also states that the high tribunal should promulgate its decision 30 days after filing.

On Sunday, both the Philippine National Police and the Armed Forces of the Philippines said martial law was necessary because it permitted them to arrest about 62 armed men believed to be members of the Ampatuan clan’s private army. PNP chief of operations Director Andres Caro II also said intelligence reports indicated that the armed men were sighted in the outskirts of Maguindanao’s eight towns and were also threatening to mount rebellion in the province. “It was confirmed by intelligence and sightings that the rebel groups of the Ampatuans, unaccounted CVOs and other private armed groups are already propositioning and massing up in areas near the capitol (Shariff Aguak)," Caro said. Caro said that martial law was necessary for the arrests. He said that prior to its the declaration, they would need court-issued warrants “but the judiciary in the area is not working." He explained that judges in Cotabato City went on mass leave and, Caro said, prosecutors in Maguindanao, Sultan Kudarat and Cotabato do not want to be involved in the legal process for fear that the Ampatuans might get back at them. But in Monday’s interview, Dilangalen belied Caro’s statements and said the judicial system in Maguindanao was fully functioning. “Hindi totoo iyan. Nandoon ako sa korte. I was there, kababalik ko lang noong Sabado. Andoon sila lahat. Tuloy-tuloy pa rin. Andoon yung mga empleyado. Walang distraction (That is not true. I was there last Saturday. All the personnel were there. The operations were normal and the employees were there)," Dilangalen said. He, however, did not indicate which court he went to. The Supreme Court had earlier denied that the judicial system in the province is paralyzed in delivering justice to victims of the grisly massacre in Ampatuan town two weeks ago. [See: SC belies claim Maguindanao judicial system no longer functioning] - LBG/RSJ, GMANews.TV