FORMER Senate President Jovito Salonga and a group of lawyers on Monday asked the Supreme Court to stop Malacanang from implementing Proclamation 1959 placing Maguindanao under martial rule and to declare the presidential directive signed last week as unconstitutional.
The petitioners said President Gloria Arroyo gravely abused her discretion in declaring martial law and suspending the privilege of the writ of habeas corpus in Maguindanao despite “the clear absence of an actual invasion or rebellion,” as provided for under the Constitution.
They also said Proclamation 1959 was issued without sufficient factual basis for actual invasion or rebellion in Maguindanao.
Salonga and his co-petitioners added that the Nov. 23 “Ampatuan massacre,” supposedly the basis for declaring martial law, “is a police matter already addressed by Arroyo’s declaration of a state of emergency” over Maguindanao.
Salonga and lawyers Raul Pangalangan, Harry Roque Jr., Joel Butuyan, Emilio Capulong, Florin Hilbay, Gilbert Andres and Benjamin Luis filed the case against Arroyo, Executive Secretary Eduardo Ermita, Budget Secretary Rolando Andaya, Armed Forces chief Gen. Victor Ibrado and Philippine National Police chief Director Jesus Verzosa.