It’s official: Gloria Arroyo declared martial law in Maguindanao Dec. 4, 2009, 9 pm.
Lawyers and civil society groups are concerned saying there is no invasion or rebellion to warrant it.
Secretary Eduardo Ermita announced Proclamation No. 1959 proclaiming a state of martial law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao, except for certain areas identified as bailiwicks of the Moro Islamic Liberation Front (MILF).
Text of Proclamation 1959
Proclaiming a State of Martial Law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao except for certain areas.Whereas, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas.
Whereas, Sec. 18 Art. VII of the Constitution provides that “in case of invasion or rebellion, when 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.”
Whereas, Republic Act 6986 provides that “the crime of rebellion or insurrection is committed by rising publicly and taking arms against the government for the purpose of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.”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 to maintain public order and safety.
Whereas, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that local judicial system and other government mechanisms in the province are not functioning; thus, endangering public safety.
Whereas, the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities dated 14 Nov. 1997 provides that the following is considered a prohibited hostile act: “establishment of checkpoints except those necessary for the GRP’s
enforcement and maintenance of peace and order and for the defense and security of the MILF in their identified areas as jointly determined by GRP and MILF.”Now, therefore I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby proclaim as follows:
Sec. 1: There is hereby declared a state of martial law in the
province of Maguindanao except for the identified areas of the Moro
Islamic Liberation Front as referred to in the implementing
operational guidelines of the GRP-MILF agreement on the General
Cessation of Hostilities.Sec. 2: The privilege of the writ of habeas corpus shall likewise be
suspended in the aforesaid area for the duration of the state of
martial law.Done in the City of Manila this 4th day of December in the Year of Our
Lord, Two Thousand and Nine.(Originally Signed)
Gloria M. Arroyo
By the President:
(Originally Signed)
Eduardo Ermita
Executive Secretary
Ermita cited as basis Art.7, Sec. 18 of the Constitution that says:”The Presient shall be the commander-in-chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
“In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of writ of habeas corpus or place the Philippines or any part thereof under martial law.
“Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corups, the President shall submit a report in person or in writing to the Congress.
“The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President.
“Upon the initiative of the President, the Congress may, in the same manner extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.”
The declaration of martial law will lead to the arrests without warrants of other members of the Ampatuan family who have been linked to the November 23 massacre.
Atty. Cel Diokno noted that the Ampatuans are being accused of murder, not rebellion.
Atty. Theodore Te said rebellion should have the intent of removing government authority which is not the case with the offense of the Ampatuans.
Atty. Harry Roque said his group, Center Law, will file a petition questioning the legal and factual basis of the declaration. “None of the grounds cited by the Constitution exists in Maguindanao.
“The Constitution limits the ground to rebellion and invasion.The Ampatuans are charged with murder. The Ampatuan incident is purely a local, police matter.Hence, there is no legal basis for declaring martial law in the area.”
Roque said, “We call on the citizenry to be vigilant for the defense of their liberties.”
Armed Forces of the Philippines (AFP) Chief of Staff Gen. Victor Ibrado announced that joint police and military teams have taken into custody Maguindanao Gov. Andal Ampatuan Sr. and his son, Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan.
Ibrado said Ampatuan Sr. was brought to a hospital in Davao City while the ARMM governor was brought to General Santos City.
There are now three Ampatuans under government custody, including Datu Unsay town Mayor Andal Ampatuan Jr., who has been charged with 25 counts of murder for the massacre.
Martial law for what? is not even necessary. Siguro para ma control ang pag bagsak ng mga “Domino Tiles” sa dami ba naman ng mga nahahalungkat.
Dangerous !! Trial balloon has been released !! What is next?
The govt. is actually provoking war in maguindanao. If it escalates in lanao and sulu, eh di giyera na at walang eleksyon. Ang saya saya ni bruha.
Gloria Arroyo is the one scared by the fruits of her Hello Garci. Martial law na raw wala naman basehan. As mentioned above, murder ang kaso hindi rebellion o invasion.
Do the Ampatuans merit a declaration of martial law? Sobra naman na pagbibigay importansya sa mga hayup na yan na dapat ay nai-backhoe na!
May plano ang bruha kasi dahil puro press release lang ang kanyang kandidatura to speakership to prime minister for life. Nananaginip kung ito ang kanyang tunay na pakay pero sa palagay ko ay hindi. Mas madaling suwayin si Obama kesa sa maging speaker onto prime minister dahil hindi kanya ang susunod na pangulo, kung meron eleksyon.
well that’s not the only definition of rebellion….
wiki time: rebellion is a refusal of obedience or order . The refusal to follow EO 546 that CVO and private armies can only be used against a threat or muslim extremists. It may, therefore, be seen as encompassing a range of behaviors from civil disobedience and mass nonviolent resistance, to violent and organized attempts to destroy an established authority such as its own local government or national government.
I interpret the massacre as an act of rebellion against the public- the people in general not the Arroyo regime. I have also interpreted that Ampatuans armed rebellions have not been against authority in general, but rather have sought to establish a new government in their place by hiding ammunition for no reason as to why except after two days of massacre.
There are many types of rebellion. Mutiny, Revolt at the local level or
Terrorism-is the systematic use of terror especially as a means of coercion. (the practice of forcing another party to behave in an involuntary manner)- not to allow mangundadatu to file his candidacy his an act of terror or a threat.
But you guys can interpret the law the way you want it too. The Ampatuans must go down..
The declaration of martial law will lead to the arrests without warrants of other members of the Ampatuan family who have been linked to the November 23 massacre.
Makagawa lang ng rason para makapagdeklara ng Martial Law T.T Sa deklarasyong ito, pinatunayan lang ng gobyerno at sangkapulisan na napakainutil nila sa paghuli sa mga Ampatuan!
asiandelight:
The definition of rebellion referred to in the Constitution is the one found in the Revised Penal Code of the Philippines, not wikitime or wikipedia.
wiki: Martial law – definition and my own interpretation…
1. is a system of rules that take effect if the military takes control of the normal administration of justice.
normal administration of Justice at the local level and national level. Did we not want Justice? yes or no? if your answer is no then martial law is not applicable.
2. It is sometimes imposed in response to civic emergencies or episodes of unrest or riots, or during wars or in cases of occupations in the absence of any other civil government.
Ampatuan Jr and Senior are local officials who are charged with more than 20 counts of murder charges. Did we not want suspension? Yes or no? if your answer is YES then who will oversee the local government in their absence?
3. it is used by governments to enforce their rule – for example, when threatened by popular protests
Popular protests mean the local people that are loyal to their warlords- Ampatuans. Did we not see them on TV? yes or no?
4. Martial law can be declared in cases of major natural disasters also. for example Ondoy but the term is State of emergency.
Most countries use a different legal construct, such as a “state of emergency”.
Take note of MOST Countries…. meaning many countries are doing this using different terms , common is state of emergency.
martial law of course is something that will scare many people. Martial law reminds the people of the Philippines of what had happened during Marcos years. In our modern time, we must educate ourselves on understanding the different implications of Martial Law.
My opinion is not for everybody so don’t take it personally. Please interpret it with an open mind.
Oops, stroke of evil genius ito, if they do the following:
(Background noise – tawang Max Alvarado) MWAHAHAHAHAH
Kailangang makapag-file si Harry Roque by Monday, to avoid the situation I painted above; because the general principle is that when the judiciary steps in, it acquires exclusive jurisdiction. So hindi na puwedeng suriin ng Congress ang bagay na idinulog na sa Kataas-Taasang Hukuman.
Sorry Professor. I did not intend to spoil your weekend. But I presume you like writing, and love a good fight. So maybe, this actually makes your weekend.
AFP:No Need For Martial Law:
“There is no need for the declaration of martial law in the area of Maguindanao or elsewhere in the country because the AFP and the Philippine National Police are on top of the situation,” said AFP spokesman Lt. Col. Romeo Brawner.
“We now have a level of normalcy in the province of Maguindanao primarily because of the occupation by our government forces and our law enforcement agencies of the seats of government,” he added.
saxnviolins
I may have to beg to disagree with you. here’s why…
“Against the Government, allegiance to said government or its law” is a general term pertaining to the whole country . Any lawyer can argue that ” against the government” can be the LOCAL government code, local government units, or local rules and laws… it’s still government of the local people….
The Constitution can be interpreted in general term but in the court of law, there are many defenses….
here’s another scenario where Government is Government in general term…
My interpretation: The Ampatuans are in charge in promoting peace and order in its local region. Were the 57 people who died during the massacre only belong to his jurisdiction? The answer is NO… many were killed outside of his jurisdiction. the crime was no longer local or an isolated event because the victims came from different places – the victims belong to the government of the people,by the people and for the people…
there are many defenses… but to the Ampatuans, I think this is the end of their career… Gloria will continue with her power and the people will continue to complain…
Thank saxn.. I like wiki..
asiandelight:
You seem to have missed the point. Rebellion is needed to justify the declaration of martial law. The Ampatuans committed murder, not rebellion. They did not rise against the government, whether national or local. In fact, they are part of the government, being, governor (father) and mayor (son). So since there is no rebellion, there can be no basis for martial law.
I like wiki myself, but it is never used in a court of law, whether in the US, Philippines, or Mozambique.
EQ,
If Gloria’s own military declares that there is no need to impose martial law (after all they are the OFFICIAL martial advisers to Gloria) I wonder why Gloria did it?
Anyway, here’s what I posted at Ruffy Biazon’s FB page and his comment:
Ruffy Biazon FirstAcct Martial Law in Maguindanao. Is it really needed? So far, the government has shown that it has enough powers to address the post-Ampatuan Massacre situation, so why declare Martial Law?
My comment: Maybe because the PNP and the Police don’t have the courage to arrest suspects unless they disarm them. (Ever wonder why they couldn’t lick the dozen or so Abu Sayyaff gang?)
And so, martial law had to be imposed.
If the police and the military were brave enough, there’s no question they could do it even without martial law.
Bizon’s reply: Well, there’s no debate that we need to disarm the warlords. But as I pointed out, does the declaration stand on firm legal ground? The COnstitution explicitly provides for the reasons in declaring ML.
But I must confess that one of the reasons why I’m skeptical about this declaration is because the acting Secretary of Defense was the one who proposed in the past that instead of having elections, we just have a transition government. he was advocating an extra-legal measure in the transfer of power. He was advocating that the military be an active force for political change in this country. Could this be an opening for his proposal?
I totally forgot that it Norberto Gonzales had indeed advocated such annery! Hence, it is important all the more for Filipinos to be extremely vigilant!
Ooops, sorry, meant Biazon (not Bizon)
Am curious, can’t mass murder by local officials be interpreted as rebellion, i.e., rebellion against the law?
Anna:
You rebel against the government, not the law.
We may agree or disagree with the definition, but that is the law; and the basis for the declaration of martial will be squared with the definition of the noun used in the Constitution. What is rebellion? It is the rising and taking up of arms against the government.
Just thinking aloud here…
Maybe she saw fit to declare martial law because Ampatuan’s private army were preparing to rebel?
Of course, anticipating rebellion is no justification for declaration of martial law if we go by the letter of what Sax and other lawyers (in FB) have been explaining re the circumstances that warrant its declaration.
Questions that lawyers should answer (which I feel are important):
Based on the provisions set by law concerning the act of declaring martial law, has Gloria committed an illegal act by declaring martial law?
Is she violating the Constitution again?
Insightful observation.
Yes she is in violation.
Impeachment? Been there, done that. Only gives the Congressmen an opportunity to receive bulging brown bags.
saxnviolins
You also have missed my point that my opinion is not for everybody. Oh yeah wiki is used by many jurors or many people who are in a jury duty to simplify their understanding of the law. Wiki is used by many people in the world to help them interpret the rule of law. Of course, expert lawyers will not use wiki Terms or words in the court of law but the point is almost or as close to same. Whether Martial law is appropriate or not, this region has always been a burden to our economy. It’s time…. I always interpreted the crime as an act of rebellion or terrorism. I so love wiki… lol
Sax,
If she is in violation, then her act is illegal… Congress should take her to task.
Now, is there a provision in the Constitution that punishes a president for violating the law?
Anna:
Punishments are found in the Revised Penal Code.
Unfortunately, Goyang enjoys the mantle of immunity while she is President.
Gloria may have been violating the law. Let her violate it again by declaring Martial Law. lol…
Unfortunately, Goyang enjoys the mantle of immunity while she is President.
So there’s bugger all anyone can do about it…
Gloria knows that even if some members of our august chambers suddenly develop a strong case of bravery, i.e., the urge to take her to task, or even if any courageous citizen of the Republic takes her to task, Gloria knows that the whole procedure, eg., taking the matter/elevate it to the SC will take ad vitam eternam before it’s resolved…
If things do get hot, she only has to lift martial law and be done with it… the woman is playing with fire but she knows pretty well thatthere’s bugger all one can do about it.
She knows no force on earth can punish her for violating the law… definitely neither Congress nor the people…
And certainly not a bunch of oldies in the SC.
Meanwhile, our extraordinarily brave military and police are probably having a field day in Maguindanao. They now have the license to search, stop, pick up, bully every single citizen, innoncent or not, in Maguindanao, perhaps torture the enemies of the Ampatuans.
After all the Ampatuans have claimed there are threats to their lives…And as we all know the Ampatuans and Gloria are more than just ordinary friends.
That’s probably why Gloria declared martial law, to protect them?
Didn’t Lorelie Fajardo say something about Gloria and her disciples not turning their backs on friends, i.e., the Ampatuans, just because they are in trouble?
Even when faced with 9 coup de ‘etat, Cory Aquino never declared martial law.
Oh well, her (Cory’s) protégé (Gloria) turned out to be a very serious and fast learner…
At the beginning, it occurred to me that Gloria might have declared Martial Law in Maguindanao to resolve the mass murder case quickly but after reading a bit of this and a bit of that news, I believe that her motive is sinister…
I think she did it to protect them (the Ampatuans claim there are threats on their lives)… after all what are friends for? (Lorelie Fajardo swore that they’d never turn their backs on the Ampatuans just because they’re in trouble!)
anna,
In my understanding, martial law will remove the power of ampatuans and they can be arrested without warrant. BUT, even if the ampatuans are in jail , there confinement will not prevent them from exposing Gloria from the last election. The Ampatuans may however use “blackmailing” to reduce the years of their crimes. Definitely with all the charges, it will require all of their assets to pay lawyers to get them out of jail.
In addition, If the Ampatuans will be convicted and sentenced to life in prison or death then the victim’s families may request the court or file a suit against the Ampatuans assets and distribute the proceeds to pay the victims of the dead especially to those children that needs education. The loss of income from a dead breadwinner is another law suit that the ampatuans will face. IMHO
Someone in FB said this:
I opine she’s going to sweep all her baho under the rug as mukhang mag-squeal na ang mga Ampatuans. . ”
Hmm… that’s a totally different angle but it’s worth examining, as in declaring martial law in that part of RP, she’s actually telling the Ampatuan clan to shut up (on the past election cheating operations for her) or else get it in the neck or something like that.
A way of silencing the Ampatuans?
Ooops, the following comment was my reaction to the FB commenter:
“Hmm… that’s a totally different angle but it’s worth examining, as in declaring martial law in that part of RP, she’s actually telling the Ampatuan clan to shut up (on the past election cheating operations for her) or else get it in the neck or something like that.
A way of silencing the Ampatuans?”
Asiandelight…
After reading all the different opinions, I’m beginning to believe that Gloria has a far more sinister motive and not exactly in the direction of justice being served.
Perhaps, truly, it’s a way of silencing the Ampatuans who were her lieutenants in the mass election cheating operations in Maguindanao and beyond in 2004, i.e., she’s putting the heat on the Ampatuans to preempt them from squealing (I suppose the Ampatuans would like to come to an arrangement or something…)
a way of silencing the ampatuan?
maybe but Gloria can run but she can’t hide.
Hay naku, that midget really cannot be trusted! And just when you think, siguro she’s doing it so justice is served, mayroon possible na sinister motive.
Talaga itong pandak na to, lahat ng kalokohan, panloloko, pangisa sa tao, kayang gawin…
Ayan na… Here comes the breaking news:
Breaking news. According to former GMA ally North Cotabato Vice-Governor Manny Piñol, he had received word that the Ampatuans had threatened to “tell all they knew about electoral cheating” if President Arroyo “stops supporting them.” http://newsinfo.inquirer.net/breakingnews/regions/view/20091205-240259/N-Cotabato-leader-slams-martial-law-declaration
if her intention is to silence the ampatuans, the next president will be burdened financially by the families of the victims and the families of the convicted soldiers who were also breadwinner.
Serving Justice and convicting the Ampatuans will become an awareness that every local politicians can be sued by the people thru their negligence. In the long run, representatives in the house can become a better representative of the people. they will become competent and capable of impeaching a president.
As of this current time, brown bags are common.
So, it’s not for justice to be served? But to silence the Ampatuans? Naknampucha talaga itong pandak na ito..
If they go down, Gloria goes down regardless if Martial is declared or not. Warlords against warlords will always destroy their own. Let it be and let their corrupt power corrupt its own…
This is what the people wants to hear. Martial law then at its full blast.
If true, sana gantihan na siya ng mga Ampatuans… sige labo labo, patayan na silang lahat…
maybe but Gloria can run but she can’t hide.
Gloria will just shrug off… who will run after her?
Muslim iyang si Ampatuan, so gagantihan si Gloria niyan if Gloria is really turning against them…
Yooooooooooopie… patay si Gloria sana!
adebrux,
let them fight.. let the other Gloria allies say that Martial law is an overkill. it’s perfect…
who will run after her? her own conscience… unhappiness in life has no value in this world.
Naku, e di maraming sisingil na naman na martial rule victims? tulad ng mga victims noon na nagdugo parang heroes, ngunit nagpapabayad. Si Rizal, magkano kaya ang siningil?
Asiandelight,
But, but, but she has NO conscience! A dog has conscience but not Gloria!
If the Ampatuans will admit or confess that they were involved in the conspiracy of the 2004 election cheating then their crimes will get even bigger. The Ampatuans must prove beyond reasonable doubt that the votes of the people were truly not for Gloria. Gloria can always deny as she has always been.
if Gloria has no conscience then she is simply a living dead.
I may be a sucker for conspiracy theories, but this over-reaction of GMA to declare ML in Maguindanao makes me wonder — is this a scenario that would play in the hands of Norberto Gonzales’ dream of extending his benefactor’s term by concocting an unstable and violent-wrack situation that would warrant them to declare an expanded emergency rule?
Martial law? Bakit?
Upang walang makasingaw sa pinagtatakpang alaga at kaalyado ng mga makapangyarihang namamahay sa Malakanyang?
Hindi ang mga Ampatuan at/o Mangudadatu ang puntirya ng pagbababa ng martial law sa Maguindanao at lalong hindi ang ibang armadong grupong mapanligalig kundi ang pagsikil sa kalayaan ng bawat isa sa lugar na ‘yun partikular na ang malayang pamamahayag kung saan kinatatakutang ibulgar ang mga itinatagong bahong may kinalaman lahat sa Hello Garci scandal at mas lalo’t higit ang pag-aarmas ng mga naunang binaggit na sinuportahan ng bubuling may garapata sa mukha at usli ang ngipin.
Akala ‘ata ay tanga pa rin ang mga Pinoy.
Martial law being enforced in Maguindanao is spelled as:
N O E L
Lawmakers, be (formerly) identified with the goyang or with the opposition (daw) who now criticize the imposition of martial law in Maguindanao are right in their opinions and foresigth. But why only NOW?
For the last NINE YEARS, for Filipinos’ sake, NGAYON LANG namulat ang inyong mga mata?
Alam ninyong lahat na merong kutsabahan sa pagpapatalsik kay Erap; alam ninyong garapalan ang dayaan noong 2004 (alam n’yo ito, Kiko “THE NOTED”, Raul “THE HIKAING GOON” pati na rin si Way Kurat, pero wala kayong ginawa); alam ninyong lahat kung ano ang nangyari noong 2007 election; at lalong hindi lingid sa inyo ang pamumudmod ng salapi ng babaeng inyong pinoproteksiyunan, HINDI NINYO pa nabasa ang kanyang mga kilos at pinaniwalaan pang bababa siya sa poder sakaling mahalal ang bagong presidente?
Di ba’t mga intelihente kayo kaya nga nahalal sa mababa at mataas na kapulungan ng konggreso? Bakit ang BOBOPOL ninyo?
Overkill?
Hindi siguro. Over acting lang. Pakitang tao. Kunyari lang para itago ang dapat itago dahil nagsisimula nang sumingaw ang itinatago nilang baho siyam na taon na ang nakakaraan partikular na dito ang nangyaring madyik noong 2004 at 2007 elections kung saan nabokya ang mga kalaban ni the goyang at kanyang mga “pinagpalang ITIM Unity senatongs”. Mas lalo’t higit ang nakaririmarim na pag-aarmas sa mga kaalyadong warlords na hindi lang ginagamit sa mga kalaban sa pulitika kundi sa pag-ambush sa mga kawal na halos tirador na lamang ang gawing sandata at palabasing mga kaaway ng pamahalaan ang may kagagawan.
Tsk. tsk. tsk.
Isa itong bahagi ng ku me at ogos mun.
Gagapang ‘yan. Hanggang masakop ang buong kapuluan.
Huwag kayong patulog tulog. Huwag kayong pipikit. Huwag kayong kukurap.
Ipupusta ko ng pitpitan ng betlog ang kapitbahay kong supot.
Holy Kalabaw!! Only in Pinas again?! Spaced out Martial Law????
Why not declare Martial Law in Zamboanga and Abra or Central Luzon except Pampanga…..o kaya just Tondo. Mapapaihi na naman ang mga observers sa UN on laughable useless news like this.
My take/opinion…
The Ampatuan Clan very well knew what is at stake for them to resist the government, whether Martial Law is declared or not. The proclamation of the State of Emergency and presence of the military in the area is more than enough to contain the situation to include the arrest and prosecution of the perpetrators of the crime, with the principal already in jail. The Writ of Amparo, extended by the Supreme Court to the Ampatuan, not involved in the massacre, is but to protect their civil liberties from the government persecution, as noted in some newspaper account, thwarted by the Declaration of Martial law in the area.
I am for the government to investigate and prosecute those responsible for the massacre including any of the remaining Ampatuan and its follower who are involved, but not to disregard people’s civil liberties during the process. The Declaration of Martial Law in the area is alarming not knowing the real purpose, extent and scope more so when Congress, under Nograles, openly support it even without the benefit of an open discussion with its members and the Senate come Monday next week. The government assurances are nothing more but words. The power imbued in Martial Law is real.
“Ang sabi ng ibang mga miyembro ng Ampatuan clan, kung bibitawan sila ni Pangulong Arroyo, sasabihin din nila ang lahat [Some members of the Ampatuan clan said that if President Arroyo disavowed them, they would tell all],” Piñol said.
Kung iisipin nga naman, nagdeklara si Gloria ng martial law dahil lang sa isang pamilya. Ganyan siya kaafraid sa pagsasalita nila!
Well, the ancestors of Gloria Macapagal are traitors who are responsible for the death of our heroes inc. Andres Bonifacio….
The military and the police are doing fine in their investigations, producing results in the arrests of those involved in that gruesome massacre and it is unthinkable why there’s a need to impose martial rule in Maguindanao.
There were no recommendations from the ground commanders of the military and police units and no clear threat to regional security UNLESS of course, there are eyebrow raising motives of the panduck to declare this moro-moro law.
Kung meron mang threat sa government, SI PANDUCK na rin may likha niyon. Years back right after she forcefully placed herself inside Malakanyang.
Takot sa sariling anino!
Entry from Kusug Mindanao yahoo groups
“…..declared martial law in Maguindanao to quell rebellion except in places where there are rebels.”
He he he he heeeeh!
Taka pa?
Gumagala ang multo ni goyang sa Maguindanao kaya si goyang nagdeclare ng martial law.
A comment by a Mindanao journalist in a Mindanao yahoo group:
“Whereas, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that local judicial system and other government mechanisms in the province are not functioning; thus, endangering public safety.”
Did Gloria fuckin’ notice that happening in Maguindanao and elsewhere in Moroland only TODAY?
The judicial system and all government mechanism have never functioned in the WHOLE country, we have been endangered since day one, will she declare Martial Law in the whole country too?
natawa naman ako dun sa #61 hahaha! and 2 days ago pinalaya nila si nur misuari, bakit nun di sya nag-declare nang martial law eh rebellion talaga un complete with banderitas hahaha
Sec. 1: There is hereby declared a state of martial law in the province of Maguindanao except for the identified areas of the Moro Islamic Liberation Front
Martial law is declared, except in the areas where the rebels actually are. Talk about illogical.
Nagpa-praktis laang si Glorya sa pagdeklara nito ng Martial Law sa Maguindanao. Abangan niyo ang susunod!!!!!!
Malapit ng ibuking ang kababalaghang minimithing malaman ng ating mga kababayan … yong pandaraya niya noong 2004 at yong mga taong ipinaligpit niya sa mga warlords na ito.
Malapit ng sumingaw ang baho ng unanong ito.
Tandaan ng word for word ang proclamation na yan. Okay lang matawa muna sa whereas clauses. Dahil ang mga iyan ay pipilipitin ng husto, una sa mga kasanga ni GMA sa congress at ng mga GMA justices sa Supreme Court para madeklara na valid ang martial law sa Maguindanao!!!
Sa totoo lang, seryoso ba yung gumawa ng proclamation na iyan!!! Kahit sinong matinong abogado na nakakapagbasa ng dyaryo o nakakapanood ng tv ay mandidilat sa pagtataka kung saan galing ang mga whereas clauses ng proclamation 1959.
kahit sumingaw ang lahat ng baho ni aling gloria wala namang magagawa ang pinoy dahil tayo magaling lang sa sulsol at pakiramdaman.
A little too late for the boobuwit to try to contain the Ampatuans. The whole world knows that they were given so much power, even to keep their own army using our army resources. So, even if she declared martial law in Maguindanao, the harm on her and the ampatuans are already done.
My only fear is a spill over of the Maguindanao lawlessness to other areas. Maraming pinagkakautangan ang midget na ito and if all of them would collect her debts now, lagot na siya!
Much as I want to go with the prevailing sentiment that GMA is laying the ground to perpetuate herself in power, every bone in my body tells me that she is on her way out. As I have mentioned in a previous thread, GMA is on a RETROGRADE OPERATIONS. Her recent actions are not the actions of someone in control. Her declaration of Martial Law could be likened to the second phase of a retreat where all guns from the rear are utilized for covering fire. Likewise, it is in this phase that all usable equipment and ammunition are destroyed so that the enemy could not make use of it.
I would not be surprised if on her third phase of the retrograde operation, she calls on the Armed Forces to save the Republic and restore order. Such is the “white flag” principle that while it invests victory to the opponent, it actually enhances the standing of the loser. Her fourth phase is a safe ride to somewhere…..soon, I guess.
Just to refresh on my reaction to the comment of “Manuel” in a previous thread.
“Mark my word GMA and her family will flee to Lisbon Portugal to escape plunder cases.” (By Manuel)
I AGREE with Manuel and my agreement is based by viewing events from a military standpoint. What I see is that GMA is now conducting the first phase of a RETROGADE OPERATIONS. I say this because most (if not all) options for an advance are fraught with peril and defeat. What are these? For one, the most viable option for her, some months ago, is the 2010 elections. Field a strong candidate and aim to win. But the prospect for this option to happen is bleak at the moment. Next is to strike a deal with a relatively winnable candidate that can be relied upon when he wins. But this too is a very risky proposition. Lastly, rig the elections in favor of her anointed. However, worldwide interest in Philippine elections has been generated that it becomes too hard for her to cheat. Add to that the local vigilance. She can do a “Masada” but the lifestyle that she has feathered from corruption is too much to lose, especially so with a family like the Arroyos.
Now, how does GMA deal with the predicament she has placed herself in? I would surmise that she would turn to her closest advisers and they happen to be military people. Picking on their military minds, they will advise a “retrogade”. An organized retrogade that’s why it’s called an operation by itself. Retreat, which is another term for it, should give the impression that you still have the firepower and maneuver space to launch a counter-attack while the objective really is to go back to friendly lines pronto. This prevents your enemy from lynching you.
GMA is on the way out. But she has to project a capability to counter-attack from friendly lines i.e. Pampanga. This further gives the impression to both enemy and friends that she can recover. This attempt at giving that impression lies in Ermita’s pronouncements that GMA’s objective is for her to become the Speaker of the House then launch Cha-Cha. They got the desired effect. Everybody were kept at bay. That alone put a winning force in disarray because little do they know that the real objective is an exit…a safe exit.
Now, how do we deal with a winning situation on our side, though most do not realize it, without painting the tiger (GMA) to a corner? I would say that we should keep up the pressure while giving her elbow room for that exit. As what SAX said, Portugal is not a safe haven as there are other ways of getting her. Yes, she can run but she can’t hide.
Sulbatz:
Your comment on painting her into a corner, reminds me of an observation by (I don’t remember if it was Konrad Lorenz), that even a gentle animal like the rabbit will fight fiercely when it has no way to escape. So you need to allow an adversary an escape hatch, to, run away, or save face.
Now if the escape hatch needs your cooperation to work, then the adversary becomes even more beholden to you. Note Gringo’s serial coups, then getting caught, then playing footsies with them when they dismissed the case.
Am trying to weigh now if the Ampatuans have been painted into a corner, or if the weakness of the rebellion charge is the escape hatch. They will dismiss it when the people’s tempers have cooled down.
atty sax,
So if they will dismiss the rebellion charge eventually, the Ampatuans can’t be charge with murder because it is already imbedded or part of the rebellion charge?
Tama chi:
Murder is absorbed in rebellion; dahil sa rebellion, natural na may patayan. But the focus will be on the intent (to change government); there, presumably is no independent intent to kill, as in, “I don’t like your face, so I’ll kill you”.
Rebels (in the true sense) are idealistic individuals who want change in the government. Hindi sila sanggano (think of Che Guevarra, or yung mga ibang idolo ng kaliwa). Kaya nga there is no rebellion complexed with murder (decided in the Enrile-Gringo coup case).
In the original Revised Penal Code, mas mababa ang sentensya ng rebellion kaysa murder, dahil nga idealistic kuno. That was changed in the Cory Administration, dahil they wanted no bail for Gringo. It is also at that time that the crime of coup d’etat was promulgated, which to me is a surplusage, dahil rebellion din yon, but undertaken by men in uniform.
Thanks, atty sax.
And the Ampatuans will go free with the Hello Garci’s remains intact and protected.
Dahil “natural na may patayan” sa rebellion, no one is responsible for the massacre? Justice for the dead persons is lost again.
Korek kayo at si Ellen, we are being set up (again) by d’glue.
Saxnviolins, Cory was not the one responsible for increasing the penalty for rebellion. It was the enactment of RA 6968 which increased the penalty for rebellion. Unless you are saying that Cory controlled the Congess during her term.
Just to set the records straight, Cory even reinstated several crimes, including rebellion to its former state under the Revised Penal Code. Her 1987 EO repealed all presidential decrees which increased the scope and penalty of certain political and common crimes.
Oblak:
I did not say Cory, I said Cory administration. The majority of Congress then won on the strength of the Cory magic. So the Congress was supportive of her, in the same way that the US Congress was supportive of Reagan.
Drilon, then Secretary of the DOJ opined that Enrile’s alleged participation in the Gringo coup could not be rebellion complexed with other crimes, based on Lansang v. Garcia. That was overruled by the then Legal Adviser, Joker. So nakulong si Enrile. So they went to the Supreme Court, and of course, the then independent Supreme Court reiterated Lansang v. Garcia.
In reaction to the reiteration of Lansang, the Congress enacted the superfluous “coup d’ etat”.