Month: December 2009

No to martial law

Published by Ellen on December 5, 2009

Update: Senate: No; House of Representatives, Yes.

Supreme Court: No basis for martial law in Maguindanao

There’s a collective cry opposing the imposition of martial law in Maguindanao for lack of factual and legal basis.

All statements opposing it cite the provisions of the Constitution that limits the basis of the declaration of martial law to rebellion and invasion.

Justice Secretary Agnes Devanadera cites “brewing rebellion”.

Even the Commision on Human Rights is not convinced that the situation in Maguindanao merits a declaration of martial law.

Leila de Lima, chair of the Commission on Human Rights, in a press statement,said, “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.”

Concerns raised over declaration of martial law in Maguindanao

Published by Ellen on December 5, 2009

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.

Martial law in Maguindanao

Published by Ellen on December 4, 2009

President Gloria Macapagal Arroyo has ordered a state of martial law in Maguindanao province, which could pave the way for the swift arrests of other…

Maguindanao death toll:58

Published by Ellen on December 3, 2009

Related activity: There will be an indignation rally on Wednesday (Dec.9) in Mendiola (Chino Roces Avenue), starting at 10:30 a.m.Assembly, in front of UST on España. Organized by the November 23 Movement.

by Romel Regalado Bagares

Cotabato City – The independent forensic team led by Peruvian forensic anthropologist Dr. Jose Pablo Baraybar said yesterday it is “now almost sure that there is a 58th body” that is yet unaccounted for after his team’s discovery of a partial upper left denture with a metal clasp at the crime scene that did not fit any of the remains already recovered.

From ABS-CBN:
The military on Thursday unearthed a large cache of arms and ammunition, enough to supply a brigade-size unit of the military near the mansions of the Ampatuans in Shariff Aguak, capital town of Maguindanao.

Statement of Sen. Antonio Trillanes IV

The recent discovery of the large cache of firearms, ammunition and other military armaments at a vacant lot near the Mansion of the Ampatuans in Maguindanao as reported by ABS-CBN and GMA News confirms our claim that, during all this time, the arms and ammunition of warlords and other rogue groups which have wreck havoc in our country are being supplied and sourced from the arsenals and factories of the AFP and the DND.

This corrupt and condemnable practice has not only led to the sacrifice of countless lives of soldiers, law enforcement officials and innocent civilians but has been fueling the endless war in Mindanao and other volatile areas. This was also one of the root causes which impelled us to demonstrate and speak out against the current administration at Oakwood way back in 2003; at Manila Pen two years ago; and whenever we get the chance to be heard.

Mrs. Gloria Macapagal-Arroyo, as Commander-In-Chief, and his anointed former DND Secretary Gilbert “Gibo” Teodoro, must be made accountable for all the deaths caused by these guns.

As this developed, Baraybar and his team were set to fly back to Manila yesterday on the advice of their private security consultants who reported that the group was being cased by armed men.

Dr. Baraybar said the dentures belonged to slain Midland Review staff Reynaldo “Bebot” Momay, of Tacurong City Sultan Kudarat, according to his dental records.

A dangerous, unconstitutional decision

Published by Ellen on December 3, 2009

Just pray that with the retirement of Associate Justice Minita Chico-Nazario today, the voting on the motion for reconsideration that the Commission on Elections would be filing on the deplorable Nachura Dec. 1 decision would change.

The vote on the Supreme Court decision penned by Associate Justice Eduardo Nachura declaring as unconstitutional the provisions in the election laws that consider appointed officials resigned once they filed their certificates of candidacy was 8-6.

Those who concurred with Nachura,were Justices Nazario, Renato Corona, Presbitero Velasco, Teresita de Castro, Arturo Brion, Lucas Bersamin, and Mariano del Castillo,

Jalosjos clan eyes control of Zambo Sibugay

Published by Ellen on December 3, 2009

by Joseph Arnel Deliverio Sibugay Express and VERA Files The Court of Appeals, in a dramatic last-minute decision, has ordered Romeo “Jon-Jon” Jalosjos Jr. reinstated…

Divisoria shopping

Published by Ellen on December 2, 2009

Pumunta kami ng aking pamangkin kahapon sa Divisoria para bumili ng mga barong at kimona na bilin ng aking sister-in-law sa Amerika.

Tuwing Pasko daw kasi sa U.S, sa party ng Filipino community, Filipiniana ang kanilang theme. Tiningnan ko sa mga department store and presyo ng mga barong at kimona at nadismaya naman ako sa mahal. Ang pinakamura na barong ay P1,700. Ang mga magaganda halos P3,000. Ang kimona naman, ang pinakamura P800.

First time ko pumunta sa Divisoria para mag-shopping dahil hindi naman ako masyado nagsa-shopping. Tuwang-tuwa ako dahil ang laki talaga ng diperensya ng presyo, Ang nakuha kung mga magagandang barong ay P700 at P800 lang. Ang kimona naman P350. Medyo mahal (P900) ang isa kung napili dahil handmade daw ang burda.

Namili na rin kami ng mga ibang regalo. Kaya, ang dami naming bitbit ng pamangkin ko. Medyo ma-trapik lang.

Abundance of presidential aspirants

Published by Ellen on December 2, 2009

Update: Pulse Asia survey: 79 per cent won’t vote candidate endorsed by Gloria Arroyo

At the end of the filing of certificates of candidacy for the 2010 elections midnight of December 1, 2009, the Commission on Elections has received 99 aspirants for the presidency, 20 for the vice presidency and 158 for a seat in the Senate.

Among those who filed their COV’s on the last day were Lakas-Kampi-CMP bets Gilbert Teodoro and Edu Manzao, Bagumbayan’s Richard Gordon with running mate Bayani Fernando, and Jamby Madrigal, who is running as independent.

Ferdinand Rafanan, head of the Comelec’s law department, they will also prune the list of applicants motu propio by eliminating those considered as nuisance candidates. He expects the number to be cut into half easily.

Outraged

Published by Ellen on December 1, 2009

Please see Makati Business Club statement in comments

I would have been happy to have been proven wrong when I joined those who said that if you allow Gloria Arroyo to stay on until 2010, she will never give up power.

Arroyo will be running for a congressional seat (second district, Pampanga) in the coming 2010 elections. The people see through her desperate plan of holding on to power.

As member of the House of Representatives, she can create a bloc of like-minded congressman who are only after their own selfish interest and push to amend the Constitution that would change the system of government from presidential to parliamentary. She can then aspire to become prime minister and be in power again.

SC: Gov’t execs need not quit after filing CoCs

Published by Ellen on December 1, 2009

Justice Antonio Carpio on SC (Nachura) decision: Disaster waiting to happen

By Norman Bordadora
Philippine Daily Inquirer

The Supreme Court on Tuesday struck down as unconstitutional those provisions in the election laws that consider appointed officials to be resigned once they filed their certificates of candidacy (CoCs), the court spokesperson said.

Deputy court administrator Jose Midas Marquez said the court en banc voted to consider those provisions violative of the equal protection clause under the Constitution.

Unlike elective officials, the appointive officials are mandated by law to resign after they file their CoCs.