Tag: Maguindanao massacre

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Verafiles: SC chief raises concern over martial law in Maguindanao

Gloria Arroyo, the brazen violator of the Constitution, will love constitutionalist, Fr. Joaquin Bernas, S.J. for this.

Bernas, in his column in the Inquirer says, “ for purposes of constitutional law is satisfied if there exists an armed force whose activities have the effect of preventing the government from implementing its laws in any part of the Philippines.”

The Supreme Court deferred the issuance of a temporary restraining order against the implementation of Proclamation 1959 imposing martial law in Maguindanao.

Instead, the high court ordered President Gloria Macapagal-Arroyo, Executive Secretary Eduardo Ermita, the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP) to comment on the various petitions filed questioning the constitutionality of the proclamation, high court deputy spokesman Gleo Guerra said at a press conference today.

http://newsinfo.inquirer.net/breakingnews/nation/view/20091208-240833/Supreme-Court-defers-ruling-on-martial-law

His student, lawyer Edwin Lacierda, calls his mentor’s opinion “reckless” and “dangerous”.

Bernas, furthermore, expects Arroyo getting her way both in the Congress and the Supreme Court. “ I do not see either the Supreme Court or Congress revoking her decision now.”

Lacierda said, “With opinions like these, talo na tayo sa boxing bago pa pumasok sa ring!”

Read the two views on Proclamation 1959.

Trillanes on Maguindanao martial law: ‘GMA can’t be trusted’ The primary issue at hand is not whether the declaration of Martial Law is the right…

(Take note of the spin of “armed plot to resist government takeover…” Where is murder, which was the beginning of all these?)

From the Philippine National Police Public Information Office:

Government security forces seized more high-powered weapons in Maguindanao as intensified operations went underway to arrest and disarm all persons behind an armed plot to resist government takeover of vital local government functions in the province.

At 10:40 a.m. Sunday, police and military troops raided a ranch owned by Maguindanao governor Datu Andal Amptauan Sr in Barangay Limpongo, Datu Hoffer town.

Initial reports reaching PNP Chief, Director general Jesus A. Verzosa, indicate that search operations continue in the ranch after the raiding team found a strash of 39 assorted high-powered gunds including two M60 high machineguns, a grenade launcher and a Cal. 50 and Cal. 30 machine guns.

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.