Supreme Court junks suits vs Arroyo Maguindanao martial law; Corona dissents

BAGUIO CITYVoting 9-6, the Supreme Court ruled that seven suits contesting the constitutionality of a
martial law proclamation by former President Gloria Macapagal-Arroyo in Maguindanao in 2009 had
been rendered moot because she lifted the proclamation before Congress could review it.

This time, Chief Justice Renato Corona dissented from the majority decision, which dismissed all
constitutional challenges raised against Arroyo for declaring martial law and suspending the writ of
habeas corpus in Maguindanao more than two years ago.

Proclamation No. 1959, which took effect for only eight days, was intended to deal with the reported
uprising of forces loyal to the Ampatuan family after its members were implicated in the massacre of 57
people in Maguindanao, mostly journalists, on Nov. 23, 2009.

The decision, penned by Associate Justice Roberto Abad, was dated March 20, but it was distributed to
reporters here only on Monday. The high courts justices are holding their annual summer sessions in
Baguio City.

In separate dissenting opinions, Associate Justices Antonio Carpio Presbitero Velasco Jr. argued that the
court failed to use the opportunity to guide future presidents about the proper way of imposing martial
rule.

Carpio said Proclamation No. 1959 was the first case when a Philippine president declared martial law
since the administration of former President Ferdinand Marcos.

[It] provides this court with a rare opportunity to formulate controlling principles for the guidance of
all sectors concerned, he said.

Corona indicated that he subscribed to the dissenting opinion of Velasco, who believed the court must
take the bull by the horns to guide, explain and elucidate [the parameters of a declaration of martial
law] to the executive branch, the legislative branch, the bar and more importantly, the public.

The majority decision, however, believed that a court-imposed guideline for martial rule would not be
effective.

In Zamboanga City, Colonel Randolph Cabangbang, spokesperson of the militarys Western Mindanao
Command, said Proclamation No. 1959 made it easier for both the Armed Forces of the Philippines and
the Philippine National Police to enforce law and order after the Maguindanao massacre.
Arroyo declares martial law in Maguindanao province
Published December 5, 2009 7:18am

(Update 3 - 3:30 pm) In the wake of the massacre of 57 people in Ampatuan town, President Gloria
Macapagal Arroyo placed Maguindanao under a state of martial law, Executive Secretary Eduardo
Ermita announced on Saturday morning.

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."

In so doing, Malacaang has suspended the writ of habeas corpus in the province except "for certain
areas," enabling the military to make arrests without court intervention. This constitutes the first
declaration of martial law in the Philippines since 1972, when then-president Ferdinand Marcos imposed
military rule over the entire country.

"We are confident that this one is covered by the Constitution," Ermita assured.

"The condition of peace and order in the province of Maguindanao has deteriorated to the extent that
local judicial systems and other government mechanisms are not functioning and thus endangering
public safety," said Ermita at a press briefing at the Palace.

Press Secretary Cerge Remonde pointed out that the judicial process in the province is being hampered
as "no judges will take the case, no judges will pursue the proper search warrants, or warrant of
arrests."

Ermita said the step was taken in order to avert the escalation of "lawless" violence in the province and
pave the way for the swift arrest of the suspects in the massacre in Ampatuan, Maguindanao, last
November 23.

Ermita likewise clarified that despite the imposition of martial law, elected government officials, and not
the military, will take over the supervision of the Autonomous Region in Muslim Mindanao (ARMM).

"The president has issued Administrative Order 273-A delegating to the local government the
supervision of ARMM. Now...in case any local executive is suspended or removed from their position for
whatever reason, then the secretary of the local government can determine the successor in accordance
with the Constitution," Ermita said, in reaction to earlier reports that a military governor would be
appointed to supervise the province.
 Denials of martial law

What the Constitution says about martial law

Section 18 of the 1987 Constitution states that:

* The President 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 60 days, suspend the writ of habeas corpus or place the Philippines or any part
thereof under martial law.

*Within 48 hours from the proclamation of martial law or the suspension of the writ of habeas
corpus, 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.

Reports received late Friday said Mrs. Arroyo had issued an order imposing military rule in the province.
However, when contacted by GMANews.TV, Press Secretary Cerge Remonde denied the rumors while
Presidential Adviser for Mindanao Affairs Jesus Dureza said he had no information on the matter.

Armed Forces Eastern Mindanao commander Lt. Gen. Raymundo Ferrer will function as military
governor after the arrest of Maguindanao governor Andal Ampatuan Sr., according to the report, which
did not identify its sources.

The same information was spread through text messages Friday evening that read, "This from usually
reliable insider, martial law to be declared in Maguindanao tomorrow. Lt. Gen. Ferrer will be Military
Governor. Ampatuans expected to be arrested."

AFP spokesman Lt. Col. Romeo Brawner told GMANews.TV in an interview Friday night that there was
no need for martial law at this time. Last week, Maguindanao had been placed under a state of
emergency in the days following the massacre.
"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," Brawner said on
Friday, even as his superiors were planning martial law in the province.

Brawner's view has been echoed by human rights lawyers who see other scenarios other than the arrest
of the massacre perpetrators. "There was already a state of emergency. Why did they need a
declaration of martial law?" said Theodore Te, a lawyer with the Free Legal Assistance Group (FLAG), a
lawyers' network founded during the Marcos era. "There's no reason for it, unless they're not revealing
everything yet."

"The talk among some lawyers is that this could be an experiment or a testing ground for declaring
martial law in other provinces to consolidate for unpopular candidates," Te added. "That could lead the
way to cha-cha (charter change). Mahaba pa ang puwedeng puntahan nito."

In a statement posted on his Facebook page, University of the Philippines Law School Dean Marvic
Leonen said, "She (President Arroyo) must clearly demonstrate why martial law needs to be declared.
The proclamation of Martial Law can be used as a means to gain unfair advantage in the upcoming
elections or as an excuse to declare a failure of elections contrary to the peoples will." [See: Critics:
Martial law in Maguindanao sets dangerous precedent]

Congress approval needed

According to Article VII, Section 18 of the 1987 Constitution, the President as Commander-in-Chief may
call out the armed forces to prevent or suppress lawless violence, invasion or rebellion."

In case of invasion or rebellion, when the public safety requires it," the President may place the
Philippines or any part thereof under martial law" for a maximum period of 60 days.

The Constitution also provides that within 48 hours from the proclamation of martial law, the President
shall submit a report in person or in writing to the Congress," which may vote to revoke or extend such
proclamation.

In the aftermath of the massacre

Even before the formal announcement of martial law, two more members of the Ampatuan clan were
taken in for questioning early Saturday morning, including its patriarch Maguindanao Gov. Andal
Ampatuan Sr. and ARMM Governor Zaldy Ampatuan, according to Armed Forces Chief of Staff Gen.
Victor Ibrado. [See: Ampatuan Sr., sons, taken into government custody]

The Ampatuan family was implicated in the gruesome massacre on November 23 that claimed the lives
of women members of the rival Mangudadatu clan, human rights lawyers, 31 media workers and other
innocent civilians in the worst election-related violence in the nation's history.
The massacre has also been condemned worldwide as the worst loss of life of media professionals in
one day in the history of journalism.

Police personnel and tanks are scattered around the Maguindanao provincial police headquarters,
where Gov. Andal Ampatuan Sr and other local officials in the province were brought for questioning.
Chino Gaston

Until the slaughter of the Mangudadatu convoy, the Ampatuans had been staunch allies of President
Arroyo and were alleged to have helped her win in their bailiwicks through highly questionable methods
in the 2004 elections. The Ampatuans control nearly all major local government positions in
Maguindanao.

The ill-fated convoy was transporting Mangudadatu women to Maguindanao's capital of Shariff Aguak
to file the certificate of candidacy of a clan member who had announced his intention to challenge the
Ampatuans' supremacy in next year's elections.

Ibrado said the threat of suspects in the Maguindanao massacre joining armed supporters of the
Ampatuan clan in resisting government forces played a key role in prompting the declaration of martial
law over the province.

We received reports that they had plans to undertake hostile action if ever the government officials,
the Ampatuans particularly, were taken into custody. We felt this is a very imminent threat so we
recommended for this proclamation," he said at a press briefing in Malacaang.

With the connection of the reported armed groups that may provide support for those suspected of
being involved and manifested by the fact there are many high powered firearms recovered in the
general area, the elements of rebellion are present and hence the basis for the declaration of a
proclamation declaring martial law and suspension of habeas corpus is established," Ermita said.

At present, there are six infantry battalions, two mechanized units, and one battalion size operation
command in the province, according to Ibrado. [See: Security forces scouring for more Ampatuan
weaponry]

Brawner earlier told GMANews.tv that normally there are only two battalions stationed in the province,
with each battalion composed of 400 to 500 soldiers.