I am glad that the spokesman of the Philippine Supreme Court has formally communicated (in a courteous but firm manner) to the executive and legislative branches of the Philippine government and to the confused Filipino public the misleading, insulting, and manipulative nature of the whereas clauses in Proclamation No. 1959 recently issued by Pres. Gloria Arroyo declaring a state of martial law in the violent province of Maguindanao.
The contemptible whereas clauses of the proclamation directly made prejudicial and unfair conclusions and accusation to the effect that the local judiciary was so paralyzed, mesmerized, bribed, or otherwise being held in the strong grips of the Ampatuan Clan and its private army that the president had to declare a state of martial law in the province.
By extension, Pres. Arroyo and her generals who prodded her to issue the proclamation have unfairly put the entire justice system in jeopardy by projecting to the public that the pillars of the justice system in the country were not working, did not work, and could not be trusted to work and, therefore, martial law had to be declared.
It ignored the fact that the local judges of the province had issued search warrants covering the houses and other places linked to the Ampatuan Clan upon application of the local military and police officers in the province, thus, leading to their legal arrests and the legal gathering of the relevant evidence against the culprits of the Maguindanao massacre.
The problem with having a president in the likes of Pres. Arroyo who is not a lawyer or who does not possess the minimum working legal and philosophical knowledge and wisdom to properly and wisely interpret and implement the letter and spirit of the 1987 Philippine Constitution is that she is always held hostage by questionable influences coming from her biased and incompetent legal advisers, led by Justice Secretary Agnes Devanadera (who has been repeatedly denied by the Judicial and Bar Council the joy of being shortlisted whenever there is an opening in the Supreme Court), and from her trigger-happy and unthinking military and police generals, her obedient executive secretary (ex-general) Eduardo Ermita, and her incompetent national security adviser Norberto Gonzalez -- whose aims in life among other things include that of perpetuating Pres. Arroyo in power at all cost, and I mean, at all cost, civil war be damned.
I am reproducing the relevant news item on the abovementioned matter to help put the record straight.
Supreme Court: No basis for martial law
By Norman Bordadora
Philippine Daily Inquirer
First Posted 00:15:00 12/06/2009
MANILA, Philippines--The Supreme Court disputed the government’s contention that the court system in Maguindanao was no longer functioning, one of the stated reasons for declaring martial law in the Central Mindanao province.
Lawyers, lawyers’ groups, Church prelates and the Commission on Human Rights also disputed whether the constitutional basis for declaring martial law—invasion or rebellion—was present in the Maguindanao situation.
Midas Marquez, the high court’s deputy administrator and spokesperson, said the cases involving the Maguindanao massacre that were filed before the Cotabato courts were moving forward.
He said it was the search warrants issued by the Kidapawan Regional Trial Court that made possible the police raids on the residences of Ampatuan family members, the suspected perpetrators of the massacre.
“This is far from a picture of a non-performing judicial system,” said Marquez.
The lawyer said that Judge Melanio Guerrero of the regional trial court in Tacurong, Sultan Kudarat, had already issued a commitment order and set the date for the bail hearing of the main accused, Datu Unsay Mayor Andal Ampatuan, Jr.
Guerrero has also already submitted his comment to the Supreme Court on a request from the government for the trial to be transferred out of Cotabato City.
Judges not on leave
Marquez said Kidapawan Judge Francis Palmones Jr. issued no less than six search warrants that authorized the raids on several Ampatuan residences. He said the court was studying other applications and was working “even on weekends.”
Earlier this week, Marquez denied that the judges in Cotabato City had all gone on leave or fled to avoid having to handle the massacre cases involving the Ampatuans.
He said it was not true but confirmed that there had been threats against the judges and other court personnel.
Marquez said that Chief Justice Reynato Puno had already directed Guerrero, the Tacurong judge, to take over Branch 15 of the Cotabato regional trial court, where the multiple murder charges against Andal Jr. are being heard.
There is no regular judge for Branch 15, which has jurisdiction over Shariff Aguak, the site of the massacre, and the substitute judge assigned to it was a former father-in-law of an Ampatuan family member and thus ineligible to handle the case, Marquez explained.
The Cotabato City regional trial court has three branches with jurisdiction over Maguindanao—Branches 13, 14 and 15.
Since Guerrero, the Tacurong judge who took over Branch 15, remains based in Sultan Kudarat, this could be the reason why authorities went to the Kidapawan judge for the search warrants.
Unwarranted
Pacifico Agabin, a former dean of the University of the Philippines College of Law, said the martial law declaration was unwarranted and unnecessary.
Government was already clearly in control of the situation with the arrest of several members of the Ampatuan clan and the recovery of a sizeable arms cache, he said.
“The only grounds for the declaration of martial law are invasion and rebellion. I don’t think the Ampatuans are capable of launching a rebellion against the government,” he added.
Even the alleged breakdown of the civilian government in the province with the closure of government offices and the unavailability of the judges doesn’t warrant the declaration of martial law, even if found to be true, Agabin said.
“The Constitution contemplates actual rebellion, not even threatened rebellion,” he said.
“Even if there is a breakdown in government, it is not a ground for the declaration of martial law,” he said.
Lawyer Christian Monsod, one of the framers of the 1987 Constitution, said “imminent danger” of a rebellion was no longer a basis for the declaration of marital law.
“That’s precisely what’s not allowed,” he said, noting that the clause in the 1935 Constitution was what the late dictator Ferdinand Marcos used to declare martial law in 1972.
Unnecessary
Monsod said the framers of the 1987 Constitution removed the clause to avoid a repeat of the country’s experience with martial law.
Commission on Human Rights Chair Leila de Lima, who was in Davao City yesterday, said martial law was “unnecessary and uncalled for” as the province was already being secured by government troops.
“I’ve been there, and I saw lots of military forces already in the area,” De Lima told a human rights summit in Davao City attended by lawyers, religious, Muslims and indigenous people.
She said the factual basis of the existence of a rebellion or an impending rebellion “cannot be independently verified at the moment.”
“This is ominous, this is dangerous,” she warned, and urged Congress to look into
the issue.
In a statement issued by the CHR, De Lima said calls for swift justice on the Maguindanao massacre and the presence or massing of armed groups may not be enough basis for declaring martial law.
Be extra vigilant
“Full force of the law, not martial law, is the form of decisive governmental intervention that the public expects,” she said.
De Lima said people must be “extra” vigilant to make sure no human rights are violated.
“We have to monitor the human rights situation there. You know what martial law can do to the basic rights of citizens,” she said.
UP law professor Marvic Leonen called for vigilance against possible abuse of martial law power in Maguindanao.
Martial law does not automatically suspend the writ of habeas corpus or justify illegal arrests and detention, Leonen said.
It is also not authorized for the military to replace the civilian government, he said.
“Government cannot just resort to martial law because of its failure to prevent human rights violations by local leaders or its lack of competence in the gathering and evaluation of evidence, and the detention of the perpetrators,” he said.
Lawyers divided
Davao del Sur lawyers, who were at the Davao City forum, were divided over the issue.
Lawyer Israelito Torreon said there was no basis for the declaration as a massacre was not an act of rebellion.
Prosecutor Clemente Quiñones and lawyer Riafe Fe Cagas-Fernandez agreed there was no constitutional basis and said it was a case of “overkill.”
But lawyer Leonardo Suario said the declaration was necessary “for a limited period for purposes of disarming all private armies.”
Church voices
Caloocan Bishop Deogracias Iñiguez said there might be a need for an extraordinary response to the severity of the situation in Maguindanao but called on the people to exercise vigilance.
“There are those that say there may be an ulterior motive,” Iñiguez said, adding that people should observe whether martial rule would indeed be used to restore
peace and order.
Cotabato Auxiliary Bishop Jose Colin Bagaforo said he was agreeable to the declaration of martial law as long as it is in accord with the Constitution.
“(The) elements of general public safety and imminent danger to lives are there along with the elements of terrorism,” Bagaforo was quoted as saying in the Catholic Bishops’ Conference of the Philippines website.
“The element of civilian governance is almost unreliable at present for justice to prevail,” he added.
Lipa Archbishop Ramon Arguelles and Bacolod Bishop Vicente Navarra disagreed that there was the element of rebellion.
“There is no rebellion there, there is a grievous criminal situation but which does not warrant martial law,” Arguelles said in remarks posted on the CBCP website. With Alcuin Papa, Julie M. Aurelio and Inquirer Mindanao Bureau (see: www.inquirer.net)
Lawyers group to take Martial Law question to SC
By Tetch Torres
INQUIRER.net
First Posted 16:34:00 12/06/2009
MANILA, Philippines—Lawyers group will question before the Supreme Court on Monday President Gloria Macapagal-Arroyo’s declaration of Martial Law in several areas in Mindanao.
“If she desired to be another Marcos, she will fail. The people will ensure it. We shall immediately file a petition before the Supreme Court to question Malacañang’s sufficiency of the factual basis of the proclamation of martial law and suspension of the privilege of the writ of habeas corpus,” Lawyer Julius Garcia Matibag, spokesperson for the National Union of Peoples’ Lawyers said.
“It is elementary in political law that such declaration and suspension may be made only ‘in case of invasion or rebellion’ and only ‘when the public safety requires it,’ under Article VII, Section 18 of the 1987 Philippine Constitution.”
The group explained that the proclamation’s third whereas clause merely invokes an element of rebellion of “depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”
The proclamation’s fourth whereas clause simply says, “WHEREAS, heavily armed groups in the province of Maguindanao have established positions to resist government troops, thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety.”
”That is all there is to it. The proclamation did not even bother to state the particulars about the identity, extent and purpose or purposes of these ‘heavily armed groups’. How could we ascertain if the president is indeed telling us the truth?”
”And even assuming that the president is telling us the truth this time, the ‘presence’ of heavily armed groups in the area does not necessarily mean that there is already rebellion,” Matibag said.
They also pointed that the powers and prerogatives of President Arroyo being the chief executive or of the legislature have never been deprived since the Maguindanao massacre.
”There has never been such deprivation of powers or prerogatives of the chief executive or the legislature. The president had even time to file her certificate of candidacy to run as member of the House of Representatives in next year’s elections. So where did Malacañang get the idea of such deprivation of powers or prerogatives?”
The group also reminded President Arroyo that a state of Martial law does not suspend the operation of the Constitution.
“Thus, warrantless arrests of any person must still be through a lawful cause. And given the record of the military in human rights abuses, we must ensure that no torture or cruel or degrading treatment will be inflicted against anyone that may be arrested,” the group said.
See:
http://newsinfo.inquirer.net/breakingnews/regions/view/20091206-240457/Lawyers-group-to-take-Martial-Law-question-to-SC
MAGUINDANAO MARTIAL LAW
‘Overkill, overreaction’—opposition solons
By Lira Dalangin-Fernandez, Leila Salaverria
INQUIRER.net, Philippine Daily Inquirer
First Posted 15:29:00 12/05/2009
MANILA, Philippines –(UPDATE)“Unconstitutional,” “overreaction,” and “overkill” were just some of the reactions by lawmakers at the House of Representatives over President Gloria Macapagal-Arroyo’s declaration of martial law in Maguindanao Saturday.
Opposition lawmakers said they would question before the plenary the basis of Proclamation 1959, which placed Maguindanao, except in areas occupied by the Moro Islamic Liberation Front, under martial law and suspended the writ of habeas corpus.
But not everyone disagreed as allies of the President in the House of Representatives said she should have done it sooner.
Speaker Prospero Nograles said he would call for a caucus of the majority lawmakers when sessions resume on December 7 to firm up their support for the declaration. He said he would sponsor a resolution supporting it.
Cavite Representative Elpidio Barzaga Jr. said he supported martial law in Maguindanao, saying there is enough evidence to warrant it, such as the discovery of loose firearms.
Quezon Representative Lorenzo “Erin” Tanada branded the declaration as “overreaction.”
“Martial Law in Maguindanao is an overreaction. The Liberal Party believes that the declaration of Martial Law fails the constitutional test. I believe Congress should revoke this declaration on Monday. The people should remain vigilant. Malacañang has found a way to get the House and Senate to meet jointly. There might be another agenda once Congress meets jointly,” he said.
“Under the Constitution, President Gloria Macapagal-Arroyo may only declare martial law or suspend the writ of habeas corpus in case of invasion or rebellion. These conditions do not exist, ergo Proclamation 1959 is unconstitutional,” Bayan Muna partylist Representative Satur Ocampo said in a text message.
Fellow partylist Representative Teodoro Casiño said martial law was not necessary if only the police, the military, and government agencies could implement the law.
“What we need is not martial law but the rule of law to be followed aggressively but wisely. All it takes is political will for President Arroyo to cut her umbilical cord with the Ampatuans and let justice take its course,” Casiño said.
Representatives Rufino Biazon, Risa Hontiveros of Akbayan partylist and Joel Maglunsod of Anakpawis also questioned the basis for martial law.
“Under the said provision, where does the Maguindanao situation fall under? Invasion? By who? Is it a rebellion? Is the provincial government of Maguindanao led by the Ampatuans taking up arms against the government?” Biazon asked.
He said Congress should revoke the baseless declaration of martial law in Maguindanao, since the situation might be exploited by those who want to postpone elections and extend martial rule throughout the country.
“If martial law is allowed to go on in Maguindanao, trouble can easily be created in other parts of the country and the expansion of the coverage of martial law can immediately be justified,” he said.
For Hontiveros, Arroyo's decision to resort to martial law “proves the powerlessness of the national government over warlordism.” It would also lead to abuses and the rise of more warlords in Malacañang, she added.
Representatives Luz Ilagan and Liza Maza of Gabriela both said the declaration of martial law was and an admission of the failure of the government to make the government agencies function.
Nueva Ecija Representative Eduardo Nonato Joson said there was neither an invasion nor rebellion in Maguindanao.
“It is the government that is in the process of removing the duly constituted or elected civil authorities there and not the other way around or rebels taking over. The Ampatuans are now presumed to be the rebels? Labo di ba [That’s unclear, right]?” Joson said.
Anakpawis Representative Rafael Mariano said the declaration was a “prelude to an open fascist rule in the entire country” to favor the President.
“The declaration of martial law in Maguindanao would serve as an evil precedent. Arroyo may exploit the situation, fuel election-related violence, and expand the declaration of martial law in the entire country with the help of her self-bred warlords,” Mariano said.
“The Arroyo-Ampatuan conspiracy continues,” Mariano said, adding that “in 2004, in connivance with the Ampatuans, Ms Arroyo cheated her way to power. Today, again in collusion with the Ampatuans, the President wants to perpetuate herself in power forever.”
The Bagong Alyansang Makabayan said the declaration “sets a most dangerous precedent for the nation.”
“Not since Sept. 21, 1972 has there been any declaration of Martial Law, not even during the years of tumult under the Aquino, Estrada and, prior to this, the Arroyo regime. For the first time since 1972, the writ of habeas corpus has been suspended in an area in the Philippines,” said Renato Reyes Jr., Bayan secretary-general.
The Black and White Movement said that while it supported the restoration of peace and order in Maguindanao and the serving of justice for the massacre victims, the government should be cautious in the use of “such extreme measures as martial rule and the suspension of the writ of habeas corpus to enforce the rule of law.”
See:
http://newsinfo.inquirer.net/breakingnews/nation/view/20091205-240274/Overkill-overreactionopposition-solons
Troops swoop down on Maguindanao
By Jocelyn Uy, TJ Burgonio, Inquirer Mindanao
Philippine Daily Inquirer
First Posted 00:31:00 12/06/2009
MANILA, Philippines--Abot 4,000 troops and a dozen military tanks have been fielded in Maguindanao, where martial law was imposed on Friday night purportedly to repress brewing unrest among supporters of the powerful Ampatuan clan and to oversee the security of civilians in the province.
Lt. Col. Romeo Brawner Jr., spokesperson of the Armed Forces of the Philippines, Saturday said residents had nothing to fear about the full presence of the military in Maguindanao, particularly in Shariff Aguak, and in North Cotabato.
Brawner told the Inquirer by phone that it was those involved in the Nov. 23 massacre that claimed the lives of at least 57 people “who should be scared [because] we will arrest them.”
According to Brawner, the declaration of martial law in Maguindanao created uncertainty and tension among residents but that things began to lighten up later in the day.
He also said that while Lt. Gen. Raymundo Ferrer had been appointed martial law commander, the latter would not assume any administrative functions in the local government.
Ferrer’s task is mainly to provide security to civilians in the province and to take into custody the persons included on the list of suspects in the Nov. 23 massacre, Brawner said.
“He will take charge of ensuring peace and order in Maguindanao,” Brawner said. “The Department of Interior and Local Government will still take care of the administrative operations in the province.”
Mixed feelings
In Shariff Aguak, store owner Babo Sapia, 55, admitted that the presence of soldiers in the town had triggered in her both “fear and a sense of security.”
Fear because it reminded her of the 1970s, when untold human rights violations were committed against civilians, and a sense of security because the Ampatuans’ heavily armed bodyguards were no longer seen around.
“We are not their enemy but sometimes we fear them,” Babo Sapia said while gazing at the house of Maguindanao Gov. Andal Ampatuan Sr. just across from her small store.
“I’ve gotten so used to the sight of so many soldiers and their tanks for two weeks now. I did not know it was a prelude to the declaration of martial law,” she said.
Earlier in the day, the military arrested Ampatuan Sr. in connection with the Nov. 23 massacre.
Four of his sons—Zaldy Ampatuan, governor of the Autonomous Region in Muslim Mindanao; acting Maguindanao Gov. Sajid Ampatuan; Maguindanao Vice Gov. Akmad Ampatuan, and Shariff Aguak Mayor Anwar Ampatuan—were also later taken into custody, along with ARMM Agriculture Secretary Keise Usman and Environment Secretary Kabuntalan Emblawa, businessman-supporter Teopilo Chio, and Shariff Aguak Councilor Paizal Sulaik.
Tearful Sajid
The situation became tense when Sajid Ampatuan refused to go with the soldiers, even tearfully pleading that he be allowed a few more hours with his family.
He and the other family members were eventually prevailed upon by the local military commanders to yield.
Hours after the arrests, soldiers remained outside the Ampatuan mansions.
But Ampatuan Sr. complained of chest pains and had to be taken to the Davao Doctors Hospital in Davao City at about 6:30 a.m.
Dr. Bernard Chiew, a cardiologist, attended to him.
A source in the hospital said Ampatuan Sr. was to be taken to St. Luke’s Medical Center in Quezon City for a checkup.
Another son, Datu Unsay Mayor Andal Ampatuan Jr., the primary suspect in the massacre, is in the custody of the National Bureau of Investigation in Manila.
President Macapagal-Arroyo signed on Friday night Proclamation No. 1959 declaring martial law and suspending the privilege of the writ of habeas corpus in the
province of Maguindanao, except in identified areas of the Moro Islamic Liberation
Front under its agreement with the government on the cessation of hostilities.
Officials said it was the massing of armed groups loyal to the Ampatuans and the deterioration of law and order in Maguindanao that compelled her to do so.
“President Arroyo has taken this bold step in answer to the cry for justice of the victims of the Maguindanao massacre,” Press Secretary Cerge Remonde said at a briefing in Malacañang early Saturday.
Ms Arroyo made the crucial decision after top military and police officials briefed her on disparate armed groups threatening to cause “more disorder and lawlessness” during a meeting of the Cabinet security cluster, he said.
In the proclamation, Ms Arroyo quoted Sec. 18, Article 7 of the Constitution thus: “In case of invasion or rebellion, when the public safety requires it, the President may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”
Massing of armed groups
Executive Secretary Eduardo Ermita read the proclamation at the briefing with AFP Chief of Staff Gen. Victor Ibrado and Philippine National Police Director General Jesus Verzosa.
“The report of the AFP and the PNP showed that there are armed groups that are massing and threatening to further cause disorder and lawlessness in the area,” Ermita said.
He said the massing of these armed groups, their possible linkup with the massacre suspects who remained at large, and the recovery of a huge cache of high-powered firearms in Maguindanao constituted elements of rebellion.
Said Ibrado: “Based on the reports we received, there were ... armed groups in different places. We also received reports that they have plans to undertake hostile action if ever government officials, the Ampatuans particularly, were taken in custody. We felt this was a very imminent threat, so we recommended this proclamation.”
According to Ibrado, there were armed groups numbering 40, 100, 200, 300 and 400 in various areas in Maguindanao.
“These are large forces that could undertake violent actions against anybody in the province, so by their sheer number they are a threat to the peace and order in the province,” he said.
Verzosa agreed, and said the threat posed by these groups was “as serious as what happened in the massacre.”
“We’re looking at around 100 that directly participated in the gruesome act. They have a lot of supporters, and we suspect that some of the direct participants of the massacre have joined the new supporters, and they are seen and sighted at different places,” Verzosa said.
The deterioration of law and order to a point where judges were said to be balking at handling cases related to the massacre and at issuing search and arrest warrants for the suspects was also a factor in the recommendation to impose martial law.
“We’ll have to point out to you especially the judicial system: No judges will take the case,” Remonde said. “No judges will issue the proper search warrant and the warrants of arrest in the area. And that’s part of the reason this has to be done.” (See related story on Page A1.)
Anticipating questions on the legality of the proclamation, Ermita said this was “covered by the Constitution” and went on to cite Section 18, Article 7.
He said that within 48 hours after the declaration of martial law and the suspension of the writ of habeas corpus, Ms Arroyo would submit a report to Congress in person or in writing.
“We are now preparing the transmittal to both houses of Congress,” Ermita said.
The Senate and the House of Representatives will then have to call a special joint session to act on the report, he said, adding:
“They have been informed in advance that the report is forthcoming.”
Asked what would prompt Ms Arroyo to lift the proclamation apart from a revocation by Congress, Ermita said: “We will have to get a report from the field, from the AFP and the PNP, that the condition that prompted the President to issue Proclamation 1959 had improved.”
Zaldy arrested?
At Camp Fermin G. Lira Jr. in General Santos City, ARMM Gov. Zaldy Ampatuan invoked his right to remain silent during an investigation by members of the Central Mindanao police’s Criminal Investigation and Detection Group (CIDG).
Speaking on condition of anonymity for lack of authority to discuss the matter publicly, a member of the CIDG said Ampatuan arrived from Shariff Aguak at around 9:15 a.m., escorted by police and a seven-vehicle convoy.
Journalists who were waiting for his arrival were barred from the CIDG office and even told that he was no longer there.
Only family members and three lawyers were allowed to talk to Ampatuan, the source said, adding that it was uncertain whether he would be taken to Manila.
A member of the panel of prosecutors organized by the Department of Justice said it should be made clear if Zaldy Ampatuan had been arrested.
If he were, he should be referred to the DOJ for inquest, Senior State Prosecutor Leo Dacera said.
Lawyer Emmanuel Fontanilla said even Ampatuan was uncertain if he had just been invited for questioning or already under arrest.
“But despite what happened, the governor still believes in due process,” Fontanilla said.
The lawyer also said Ampatuan was worried about his security in the CIDG office. With Jeoffrey Maitem, Nico Alconaba, Williamor Magbanua, Orlando Dinoy, Germelina Lacorte, Jeffrey Tupas, Joselle Badilla, Dennis Santos and Aquiles Z. Zonio, Inquirer Mindanao
See:
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091206-240389/Troops-swoop-down-on-Maguindanao
