BY ELLEN TORDESILLAS
THE Supreme Court has belied Malacañang’s claim that the court system in Maguindanao has collapsed and was no longer functioning, one of the bases cited in Proclamation No. 1959 declaring martial law and suspending the writ of habeas corpus in Maguindanao.
Midas Marquez, the high court’s deputy administrator and spokesperson, said the cases involving the Maguindanao massacre 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 Nov. 23 massacre.
“This is far from a picture of a nonperforming judicial system,” said Marquez.
Opposition to the declaration of martial law in Maguindanao is mounting even as Speaker Prospero Nograles expressed support for it. Nograles said majority of the congressmen support the martial rule in Maguindanao where 57 persons were killed an offshoot of the political rivalry between the Ampatuan and Mangudadatu clans.
Among the senators, the sentiments are against martial law. Senators Panfilo Lacson, Loren legarda, Jamby Madrigal, Francis Pangilinan, Francis Escudero, Benigno Aquino III and Alan Cayetano have issued statements opposing Proclamation 1959 saying the grounds provided for in the Constitution for the imposition of martial law—rebellion and invasion—are not present in Maguindanao.
Even the Commission on Human Rights is not convinced that the situation in Maguindanao merits a declaration of martial law.
CHR Chairperson Leila de Lima said in a press statement:
I am not fully convinced that circumstances truly merit a declaration of martial law. Calls for swift justice on the Maguindanao massacre and the presence or massing of armed groups may not be enough basis for such declaration. Full force of the law, not martial law, is the form of decisive governmental intervention that the public expects.
As events unfold quickly, it is an imperative that the people exercise extra vigilance and scrutiny against the possibility of abuses against human rights. The situation is already volatile as it is without martial law, and now we have to be able to carefully monitor how exactly the declaration changes the atmosphere in Maguindanao.
While the declaration is subject to revocation by Congress or review by the Supreme Court on the sufficiency of the factual basis of the proclamation and the suspension of the Writ of Habeas Corpus, in the meantime, the President has at her disposal a vast intelligence network and the prerogative to initially determine if indeed a rebellion exists. If her intelligence network is stupendously off the mark, then there are remedies immediately available to correct a misplaced proclamation.
For now, it must be reiterated that everyone must be extremely vigilant of the safety of the inhabitants of Maguindanao. This not only includes their safety against abusive applications of a suspended privilege of the Writ of Habeas Corpus, but also against a very real possibility of an outbreak of armed violence, by rebellion or otherwise, by known or unknown protagonists. Even before the declaration of martial law, the CHR has repeatedly called for securing the safety of inhabitants, investigators and journalists in Maguindanao. We do not know what kind of violence may detonate in such an unstable situation.
Former President Joseph Estrada said:
A martial law declaration is not necessary to bring peace and order and achieve justice for the victims of the Maguindanao massacre. My administration was able to overrun the 46 camps of the MILF in Mindanao without declaring martial law. They should be able to arrest those behind the Magindanao massacre and bring justice to the victims without declaring martial law.
What is going on in Mindanao is not even rebellion but lawless violence. Rebellion means there is a threat to national security because there is a motive by the perpetrators to remove allegiance from the government. In the Maguindanao case there is no desire to overthrow the government but there is a complete disregard of the laws of the land and extreme violence. That is why although lawless violence is a basis for martial law under the Constitution, President Estrada believes that swift military action is all that is necessary, without having to resort to authoritarian rule in the area.
Sen. Benigno Aquino, III, appealed for “sobriety and vigilance.” His statement:
The people must demand an explanation of the circumstances that led the administration to resort to this action, how the President intends to use its vast powers, and for how long.
The rule of law must prevail; constitutional processes must prevail. The courts cannot be abolished there or elsewhere. The President of the Philippines remains accountable not only to the Congress of the Philippines, but to the People of the Philippines for taking this course –extraordinary in implementation.
We must also demand that both houses of Congress meet, as required by the Constitution, within 24 hours of a martial law declaration, without need of the President making a call for Congress to convene.
While the Constitution expects both houses to merge for the purpose of voting on this specific imposition of martial law, it also expects our lawmakers never to surrender their identity as representatives of the people.
Congress must muster a quorum. Congress must not be a rubber stamp. Congress must ask the right questions, and it must act now.This is a time for all our people to be sober, discerning, vigilant and unafraid.
Rep. Teofisto Guingona Jr. said:
Martial law poses a grave threat to our democracy and should not be taken lightly and should not be declared at the whim and paranoia of the present administration.
I would like to warn the public on the possibility that the administration of Gloria Macapagal Arroyo will exploit the situation in Maguindanao. Unlike the martial law imposition of President Marcos, which was done swiftly, in one blow, all over the country, there is a possibility of a “creeping” Martial law by Gloria Macapagal Arroyo. We all know that Gloria Macapagal Arroyo has proven her lust for remaining in power. What is to stop the administration from recreating disorder, violence, and chaos in other places, exploiting the sense of helplessness of civilians in dismantling warlords, thereby orchestrating widespread acceptance. Thereafter, they can put up a front of running after “kun” drug lords, jueteng lords, smugglers, oligarchs, etc., again as a strategy of gaining acceptance amongst the people and expanding the area of coverage of martial law.
I was around during the early days when martial law was declared by President Marcos. I vividly remember the initial feeling of stability and peace and order during those early days. The pattern seems to be repeating itself. One, create violence and chaos. Two, exploit the citizens’ helplessness in dealing with the violence and chaos. Three, declare martial law. History is repeating itself. “
Akbayan Rep. Risa Hontiveros:
There is no basis for the martial law proclamation. If thousands of government troops cannot secure Maguindanao and get the perpetrators of the massacre, then what we have is not rebellion or invasion but a failure of government not just in Maguindanao but also at the national level.
The declaration is an unconstitutional act. It would only further the climate of lawlessness and impunity in Maguindanao. GMA is not solving impunity. She is in fact deepening the same environment that gave birth to the Ampatuans in our country.
This is too much, and for once Congress should stand up for the constitution and our people. Our failure of Congress to revoke the declaration would be a dangerous precedent. What would prevent the GMA administration from using the situation in Mindanao to put the entire nation under martial law?
This is no longer a question of who is pro-admin or who is not. The line would be drawn not according to parties but according to the respect for the constitution and for that dark moment in our history. We cannot allow the dictatorship to happen again.
Bayan Muna Rep. Satur Ocampo said his group will question on Monday the proclamation when Congress resumes session and file a resolution calling for a joint session to revoke Proclamation 1959.
In a statement, Ocampo said:
Bayan Muna condemns as unconstitutional overkill Malacanang’s declaration of martial law in Maguindanao via its Proclamation 1959.” He urged his colleagues in Congress and the Senate to exercise their legislative authority to revoke Proclamation 1959.
President Arroyo is once again abusing her authority and going beyond the limits of her powers. The Philippine Constitution states that the President can declare martial law or suspend the writ of habeas corpus in case of an invasion or rebellion. Neither of these conditions exist in Maguindanao, ergo Proclamation 1959 is unconstitutional. The reported massing of armed groups does not yet constitute rebellion and can be dealt with under a state of emergency. President Macapagal-Arroyo must within 48 hours report her action to Congress. The latter must review the grounds for the declaration and revoke it for not complying with the Constitution.
Congress must act now.