Let us beware. Let us not be lulled into another legal shortcut by Gloria Arroyo.
Things are jelling:
A top military official recommended that the declaration of martial law in Maguindanao be extended to cover the May, 2010 elections.
Major General Gaudencio Pangilinan, vice chief of staff for operations,
said the extension would be needed to allow government troops to hunt down more suspects in Maguindanao massacre ..http://newsinfo.inquirer.net/breakingnews/nation/view/20091206-240492/AFP-official%E2%80%93Keep-Maguindanao-martial-law-till-polls
We should learn our lesson from what happened in January 2001 when we closed our eyes or even aided her in grabbing power from an elected, although incompetent, president.
Since then, she has made a mockery of the Constitution and perverted democratic institutions. And we allowed her. She got away with subverting the will of the people in the 2004 elections. She got away with multi-billion scandals. Why then would she stop?
Last Friday, she issued Proclamation 1959, another proof of her contempt for the law and condescending attitude towards the Filipino people. If she gets away with 1959, she would be encouraged to impose Martial Law in the whole country.
Proclamation 1959 declares a state of Martial Law and suspends the privilege of the writ of habeas corpus in the province of Maguindanao.
The Constitution provides only two grounds for the imposition of martial law: rebellion and invasion.
Rebellion is defined in the revised Penal Code as “rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof…”
Invasion is entrance of an armed force into a territory to conquer. Surely, there was no invasion by foreign forces.
Proclamation 1959 is supposedly to restore order in Maguindanao caused by the massacre perpetrated allegedly by the Ampatuan clan, political allies of Arroyo. In 2004, the Ampatuans helped Arroyo tamper with the results of the 2004 elections in her favor. In 2007, the Ampatuans also helped some of Arroyo’s candidates become senator.
In the Nov. 23 massacre, 58 persons were killed identified as members of family and supporters of the Mangudadatu clan, political rivals of the Ampatuans but also allies of Arroyo. Thirty-one of those killed were members of media. Others were innocent motorists who happen to be in the area when the abduction happened.
The charges filed against Mayor Andal Ampatuan, Jr., who was identified by witnesses as the one who directed the massacre, was murder by several counts. It was not rebellion or invasion.
As correctly pointed out by Rep. Didagen Dilanggalen (Maguindana0, 1st district), the Ampatuans are allies of the Arroyo government. They did not take up arms for the purpose of removing allegiance from the Arroyo government.
Proclamation 1959 provided an exception. It states that Martial Law is not operative in areas identified as territory of the Moro Islamic Liberation Front, which advocates secession.
The irony of the exception was not lost on a Muslim lawyer who quipped, “The Philippine Government declared martial law in Maguindanao to quell rebellion except in places where there are rebels.”
The Supreme Court took exception to “whereas” number five of Proclamation 1959 saying “that local judicial system and other government mechanisms in the province are not functioning.” Lawyer Midas Marquez, Supreme Court deputy court administrator and spokesperson said that the cases filed in the Cotabato trial court in connection with the Maguindanao massacre continued to develop over the past days. Search warrants out of the Kidapawan regional trial court also made the police raids on the Ampatuan houses possible. “This is far from a picture of a non-performing judicial system,” he said..
Justice Secretary Agnes Devanedara has come up with another tack: “brewing rebellion.”
What Constitution are Malacañang legal advisers using? The 1935 Constitution?
The 1935 Constitution, has included “imminent danger thereof” as basis for declaration of martial law in addition to invasion, insurrection and rebellion. But “imminent danger” has been removed and dies not appear in the 1987 Constitution.
The Philippine National Police yesterday reported another seizure of high powered guns and arrest of 47 persons led by the patriarch of the Ampatuan clan, Maguindanao Governor Andal Ampatuan Sr.
The PNP press release said, “Those arrested and undergoing investigation for involvement in armed resistance against the government as indicated by the massing of forces in several towns, mobilization of local government employees for a stand-off with government forces and stockpiling of weapons.”
So, the case is now “armed resistance”. What happened to the murder charges?
One discerning lawyer/blogger, SaxnViolins, said,” Stroke of evil genius na naman.The government has a less than weak case for rebellion against the Ampatuans.Is this a setup for an acquittal?”
There were talks the past few days of an ace still being held by the Ampatuans against Arroyo: the original copies of the 2004 Election Returns and Certificates of Canvass which would prove Arroyo’s biggest act of thievery. With the sweep of Maguindanao by the military and police, chances are the election documents are out of the hands of the Ampatuans.
There was also an observation by one of those in touch with the Ampatuans of their reluctance to use the 2004 election cheating as leverage.
Gloria Arroyo, the evil genius, is shooting several birds with one stone. Her allies, the Ampatuans get away with murder, the evidence of her crime is destroyed. Next: martial law in the whole Philippines
Jimbo Flores’ Facebook post:
Gloria Arroyo has laid the legal groundwork for absolving the Ampatuans from criminal liability for the Maguindanao massacre.
On Friday night, Arroyo declared martial law in the province of Maguindanao, supposedly because “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”. Today, Justice Secretary Agnes Devanadera said that state prosecutors are preparing rebellion charges against members of the Ampatuan political clan, the Arroyo-allied prime suspects in the gruesome killings of 57 civilians, including women, journalists and lawyers. Devanadera stated that the Ampatuans and their minions will also be charged for murder.
Rebellion AND Murder.
To non-lawyers, the second indictment for Rebellion may seem laudable. On its face, an additional indictment for Rebellion would add to the Amapatuans’ legal problems. However, and here is the catch, Philippine jurisprudence has time and again stated that murder and other common crimes, when committed as a means to or in furtherance of the purpose of rebellion, become absorbed in the crime of Rebellion, and cannot be regarded or penalized as distinct crimes in themselves. They are part and parcel of the rebellion itself, and cannot be considered as giving rise to separate crimes that would constitute a complex one with that of Rebellion.
Secretary Devanadera today said that, “Lahat ng mahuhuli ngayon rebellion na ang kaso nila… Lahat ng mahuhuli during this martial law and after processing then they will be charged for that”. (“All of those who will be arrested will be liable for rebellion…All of those arrested during this martial law period, after processing, will be charged for rebellion.”)
This afternoon, soldiers arrested ranking members of the Ampatuan clan, including the Governors of Maguindanao and the Autonomous Region of Muslim Mindanao (ARMM). They will be charged for rebellion and murder. In all likelihood, they will raise the defense that there is no complex crime of rebellion with murder. They shall claim that the killings were allegedly committed in furtherance of rebellion. And they should therefore be charged for the crime of rebellion only.
Are the Ampatuans liable for Rebellion? Most probably not. The first element of Rebellion is that there be public uprising and taking arms against the Government. There have been no reports of any public uprising in Maguindanao. And neither the Ampatuans nor any of their followers have taken arms against the Government.
Gloria Arroyo has placed Maguindanao under martial law. For the first time since the Marcos dictatorship, a President has taken the extraordinary step of placing a portion of the Philippines under military rule, and without sufficient factual basis. There is neither an invasion nor an actual rebellion in Maguindanao. “Imminent danger of rebellion” is no longer sufficient under law. Gloria’s justice secretary has stated that the Ampatuans will now be charged for rebellion. How convenient. As every law student ought to know, that charge will simply not stick. Recent Government actions have all the markings of a whitewash. This is a multiple murder case, pure and simple. Keep it that way.
From Rey Arcilla in Saudi:
Marahil po ay hangga ngayon mabigat pa rin ang dibdib ng maybahay ni FPJ gawa ng mga pandarayang nangyari sa kanila. If you watched the interview of former President Estrada by Ted Failon. That this was the proposal of the Ampatuan “sila ang bahala mag-maniobra sa mga boto sa Maguindanao, pero sa maraming kondisyon” na di naman kinagat ni G Estrada. Pero kinagat naman ng sumunod sa kanya.
So if anything unearthed regarding the true outcome of the results of maguindanao voting in 2004, it would be a victory for FPJ even though he’s dead and lighten the burden his wife is carrying at the moment.
Indeed, politics is a lucrative business in the Philippines. Take for instance these (Ampatuans)clan, the whole province is crawling in poverty and yet they have all these mansions built everywhere. And now that the tide is going against them, putak naman ng putak ang tahimik na si bise.
Numero uno sa Asia ang Pinas, sana dahil kay Pacquiao at sa iba pang indibidual na kumukuha ng karangalan sa mundo pero wala nababahiran at nalukuban ng maitim na ulap ang mga tagumpay na ito ng pumutok ang patayan sa Maguindanao. Wala ng awa at karumal-dumal lalo na sa inyong mga mamamahayag. Alam natin dito sa Luzon na kapag nasa prensensya ang “PRESS” identification card natin di gagalawin dahil bukod sa iginagalang ay takot sila na mapuna at mabatikos. Pero iba pala sa angkang ito di makatao talaga.
I’m reposting here what I wrote on the previous thread:
Here’s an interesting link from the Inquirer that should keep all of us on our toes:
http://newsinfo.inquirer.net/breakingnews/nation/view/20091206-240492/AFP-official–Keep-Maguindanao-martial-law-till-polls.
Creeping Martial Law?
Yes, I saw Pangilinan on TV saying this. Sabi na nga ba e. Nakakatakot.
These are the same officials under whose watch, arms from the AFP went into the arsenal of the Ampatuans.
What he is saying is that normally, they are incompetent. They can only do their job under martial law.
Anna, it’s your “favorite” general speaking.
Justice ang Kailanagan namin di martial law
Copy cut kay Misuari ang gagawin charge sa Ampatuan kahit madaming mamatay maligtas lang ang mga mga hayop na ito…
nakakahiya si gloria Arroyo kahit walang kasalanan nadadamay sa kawalangyaan pati sa trabaho ko pinagtatawanan ang mga pilipino bwisettt…
This is the time that Congress must do their job collectively to prevent the extension if it’s not necessary.
But GMA remains the commander in chief, head of State and she also controls the BUDGET. Analyzing her power as president, who would be the representatives among 248 members of the house will be strong enough to voice out their opinion when re-electing them relies on the BIG BUDGET that Gloria controls.
You see, the people that are sitting in Congress will be reluctant to make collective effort to intervene the extension of Martial law not only because money is controlled but TRULY, majority of them have benefited from the past not only during this administration but it’s also because of the weakness of OUR LAWS. they themselves are as guilty as their superior.
The only way we will prevent this from happening in the future is to replace many of them especially to those who are perceived as a dynasty. We should demand changes of our Constitution that no family of 2 to 3 are allowed to run for Congress, Senate or Presidency simultaneously. Each candidate must have a certain achievement prior to candidacy with good moral character. I am sensing that very few have morals.
But even if Congress is as corrupt, this should not Excuse GMA or any future leader to neglect their DUTIES to the public. By law, they are public servants required to ALWAYS deliver a positive result to the overall economic health of this country. But this is Philippines where the people are their servants..
kawawa talaga si mang Juan and Pedro…
as I have been screeching in the past, the people of this country are never represented truly by their local representatives. sige iboto niyo pa ang mga artista, mga mayayaman, mga convicted rapist and plunderer at yung mga apelyedo na ang tagal na sa politika.
OUT with the old and IN with the NEW.
“The extension would be needed to allow government troops to hunt down more suspects in Maguindanao massacre and in the supposed rebellion by supporters of the Ampatuan clan”. Major General Gaudencio Pangilinan, vice chief of staff for operations
This is a flimsy excuse to extend martial law rule in Maguindanao. Warrantless arrest will be useless if the alleged suspects and rebellion supporters will move to other provinces or places like MILF identified areas. I suspect that Malacanang has sinister plan to rig 2010 election results in Maguindanao in favor of their Lakas-Kampi candidates. Garci generals gave Gloria Arroyo a landslide victory in ARMM provinces.
Asiandelight, it is quite ironic. Under the check and balance rule, the Congress controls the purse but in the case of GMA, she control everything.
Oblak,
you are right too but who’s fault is that? thank you…
Asiandelight, parehong may fault. Gobyerno at tao, pero mas malaki ang fault ng mga nasa gobyerno.
oblak.. yes i agree…
of course,PUBlic officials have a HIGHER DEgree of DUTY. Accepting salary means they have accepted the job and they must perform in return for that contract. If they don’t perform then they need to be replaced. But I think they will only perform with a brown bag. I cannot blame my people . The people are not the primary but contributory or secondary maybe. The people needs education.. constant education and awareness. Debate here at Ellen regardless of parties is healthy for democracy. basta walang personalan ok lang.
The PRIMARY duty comes from the President and all of the Public officials in charge of their respective provinces , region and city..
Hindi pa dumarating si Anna at Magno, baka na-high blood na sa eksenang ginagawa ng kanilang ‘paboritong’ general.
Dec. 2009 pa lang, bakit ii-extend ang martial law sa Maguindanao hanggang May 20010 election? Bah! Nagpapansin para maging next COS o another phase sa creeping martial law to cover the whole country?
Juice ko dai, baka mamatay ako ahead sa beheading ni Gloria Ampatuan, dahil sa alta presyon. Paano ka ba naman gaganahang umuwi at tumulong sa receovery from the ruins wrought by Hurricane Gloria. Nakaka-depress talaga.
Pero from a distance, I am working my ass off for Noynoy Aquino! Hopefully, may magkulam na sa demonyong Gloria na iyan.
“What he is saying is that normally, they are incompetent. They can only do their job under martial law.” -Ellen
Aruykupo. . .Ang sakit mo namang magsalita Mam Ellen. . .very lax tong si Pangi. . .mas sipsip pa sa mga upperclass nya sa 78. . .by the way, he is the AFP Assistant Deputy Chief of Staff for Operations, J-3. . .
There is a new definition now, probably inserted along with Money Villar’s c-5. The definition now reads:
atty sax, mas madaling intindihin yung bagong definition, hehehe.
Major General Gaudencio Pangilinan, vice chief of staff for operations, said the extension would be needed to allow government troops to hunt down more suspects in Maguindanao massacre ..
Is Boygee now J-3? (ADCS J3)
Sonovabitch! The humbug turnback is going places! Lil Boygee, who used to press PMA suppliers for cuts, (i.e., bribes) is now the J-3?
Well, well… Boygee, you must be more yabang that before.
Henry, if you were from Class 90, you must know Boygee very well… he was executive asst of some kind to ATE at the time.
(Oops, should be here… inadvertently posted it in the first thread)
Billy can’t stand him. Solquillo (who’s a kind, low-key Army officer too, former CoS PA)) can’t stand him either for his insolence.
Kailangan naman talaga ang martial law sa Maguindanao, ano’ng nirereklamo ninyo?
-Paano kung dumating ang May 2010 at mabuko ninyong wala palang 600,000 voters sa Maguindanao kundi 200,000 lang?
-Paano kung sa 2010 lumabas ang totoong damdamin ng botante doon at ma-zero votes doon sina Zubiri at Chavit?
-Paano kung makita ninyo kung paano pabotohin ang trak-trak na sundalo palipat-lipat sa bawat eskwelahan ng Maguindanao?
-Paano kung mabuko ninyo na hindi pala counting machines ang ipadadala sa Maguindanao kundi xerox machines?
-Paano kung malaman ninyo na hindi pala talaga bumoboto ang mga tao doon?
Dapat lang mag-martial law!
Ellen,
Boygee is your typical martial law officer — won’t stop at nothing to prove that the military is the only entity that can make the nation work.
He’s the one I told you about who, in 1998 or following his Mindanao stint, immediately after Erap’s election or sometime in May 1998 absolutely wanted an introduction to Gloria because he was sure Gloria would be next president.
I’m not saying that he was already privy to Gloria’s plans to topple Estrada (because he didn’t tell me anything about that) but he told me he wanted to be close to her because she was going to be pres in the next election (by that I assumed he meant 2004).
Be extra cautious of Boygee… he believes in living by the gun. Having been a turn back, he feels he has something to prove. He will tell you endlessly of his exploits particularly in Mindanao (which I have no way of knowing whether true or not as I was really not interested.) If there’s one who will move heaven and earth for martial law to be proclaimed in many parts of Pinas, Boygee is the one.
(He also dabbled in intel against members of the military — when Efren Abu decided to revive the defunct intel agency dealing with spying on the military, so he is capable of everything and anything.)
Boygee loves power!
I like this: Tongue:There is a new definition now, probably inserted along with Money Villar’s c-5. The definition now reads:
The crime of rebellion is committed by lying down (Ampatuan Sr.) and burying arms…
Tama si Anna. Boy Gigil is really going places. Along with the goyang who this asshole major general (pa naman) loves so much. In exchange of course, for some favors including promotions and if still possible, baka nga pati CSAFP kapag nakuha ng bruha ang prime sinistership.
Sa ganyan lang naman magaling ang kupal na ‘yan – PAGSISIPSIP na merong mas malaking kapalit.
Supot din naman.
Anna,
Colonel Jose Maria Solquillo?
Kabaliktaran nga ‘yun ni Boy Gigil.
General Gaudencio Panghilinan must be the next CSAFP as being painted by his over sipsip to the panduck.
Grabeng asenso nitong taong ito. Parang ‘andaming combat accomplishment, ah?
Puro yabang lang naman at panduduro ang alam.
Lintek ka, Boy Girgir! Nagtatago ka lang sa likuran ko noong meron tayong ina-apprehend na sundalong lasing na nagpapaputok ng baril.
Major General Gaudencio Pangilinan, vice chief of staff for operations, said the extension would be needed to allow government troops to hunt down more suspects in Maguindanao massacre ..
Ayaw pang amining kaya gustong gusto ni MGen Panghilinan ang ekstensyon ng martial law sa Maguindanao ay upang maitago nila ang mga ebidensiyang nagpapatunay sa malawakang dayaan noong 2004 kung saan “himalang” nanalo ang kanyang ninang.
Boy Girgir, magkano na naman ang katapat niyan?
henry90,
Pansarili lang ang alam ni Boy Girgir kaya sobrang gusto niya ang martial law extension.
Magno,
Yep, siya iyon… but he retired with rank of BGen, confirmed by CoA.
Magno, possibleng maging CSAFP si yabang dahil may 2 years pa siya…
Kailangan lang niya ngayon is a major field command stint, even if only for 3 months (pakitang tao). Ayos! In the running na siya for CSAFP! Naknampuchang Boygee…
Shiiiiit!
Siguro may usapan na sila ni Teodoro — possibleng sinabi ni Teodoro,
“OK, padala kita sa Mindanao for 3 months, next gawin kitang major service command chief for 3 months ulit, tapos CSAFP ka… on the condition that you deliver!”
Ayos!
no, wait — may 3 years pa yata si yabang…hindi lang 2!
Nangpuko!
Anna,
Malaki nga ang pag-asa ng supot na ‘yan na maging CSAFP kung wala pa siyang 53.
Talaga naman, oo.
Bilib na ako dito kay Boy (ta)Girgir.
Kaya ‘yan tanong nang tanong sa ‘yo noon kung paano makakalapit kay panduck.
Ngayon ay kay Bigo siya nakikipaglambingan dahil siguro naamoy na pagagapangin na naman ang kanilang madyik sa Maguindanao. Paunang hakbang itong martial law daw upang malinis nilang maisagawa ang panibagong pagsalaula sa hangalan 2010.
My umaalingasaw middle finger salute to you, Gen Panghilinan, the future CSAFP.
Sana, hindi kang bangungutin sa sobrang pangangarap!
“supot!” 🙂 🙂 🙂 🙂 🙂 🙂
Kumontik ko nang makalimutan iyan ah…
Last Friday, she issued Proclamation 1959, another proof of her contempt for the law and condescending attitude towards the Filipino people. If she gets away with 1959, she would be encouraged to impose Martial Law in the whole country.
Asahan na natin ang martial law sa buong bansa dahil nagtatapang tapangan lang naman tayong mga pinoy, sa salita lang tayo magaling.
Seems like everything is coming back.
Or are the events just coincidental?
http://ytlab.blogspot.com/2009/12/deja-vu.html