The 1987 Constitution provides for Presidential powers to declare martial law:
“ Article VII, Section 18 - 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 sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”
The president is then mandated to submit a report to the Congress which may revoke the declaration or suspension of the writ of habeas corpus.
In the declaration of martial law in Maguindanao, the basis of the declaration cannot be helped but be questioned. As provided for in the Constitution, the president may declaration of martial law only in the case of invasion or rebellion.
Under the said provision, where does the Maguindanao situation fall under? Invasion? By who? Is it a rebellion? Is the provincial government of Maguindanao led by the Ampatuans taking up arms against the government?
While I would like to support government initiatives which will ensure the maintenance of law and order in Maguindano following the Ampatuan Massacre, I do not see the reasons that would justify a declaration of martial law as prescribed in the Constitution. Considering the current atmosphere of peace and order, there is not even enough reasons to call out the Armed Forces because there is no lawless violence going on in Maguindanao.
The Congress should reject this declaration because it has no firm basis to stand on and it will open up the avenue for those who have previously expressed their proposal for a no-elections scenario to pursue their plans. If martial law is allowed to go on in Maguindanao, trouble can easily be created in other parts of the country and the expansion of the coverage of martial law can immediately be justified.
With elections just around the corner, and recent talks of No-El scenarios still ringing in our ears, the imposition of Martial Law in Maguindanao under circumstances which do not require it should really be met with skepticism.
Showing posts with label maguindanao. Show all posts
Showing posts with label maguindanao. Show all posts
Saturday, December 05, 2009
Tuesday, November 24, 2009
The Mindanao Massacre
The Maguindanao Massacre should unanimously be condemned by society, considering the brutality, ruthlessness and wanton disregard for human life that was displayed by the perpetrators. Killings brought about by political motivation is already despicable by itself, but to include innocent bystanders, especially journalists, is something that is beyond diabolical.
This act of violence, occurring at the beginning of the election season, may be a preview to the level of violence that may happen once the heat of the campaign period begins. With the culture of clan wars and blood debts prevailing in that part of the country, it is not unlikely that retaliatory attacks will occur between warring sides unless the government steps in to enforce the law and ensure peace and order.
At this early stage, the government should step in, with the imposition of localized emergency rule a feasible option. Now is the time for the PNP, assisted by the AFP, to implement its mandate of controlling the proliferation of illegal firearms and dismantle private armed groups. The PNP is now aggressively pursuing individuals with expired firearms licenses, but perhaps it is about time it flexes its muscles against the real threats to peace and order and political stability, the private armies.
As an additional measure, the government should show that there is justice in this country by actively pursuing the perpetrators and deal with them to the fullest extent of the law. The enforcement of laws against illegal firearms and private armed groups in response to this act of violence should also be accompanied with efforts to bring justice to the victims. It is one way to lessen the need for the side of the victims to take matters in their own hands and resort to street justice.
In light of the impact of this massacre in the political scenario in Maguindanao and probably even the entire ARMM, the government should now consider holding the elections in that part of the country earlier than the rest. It has been the experience in past elections that the national polls are effected by what goes on in that portion of Mindanao.
If elections were held there earlier, the PNP and AFP will be able to focus on what appears to be the hottest of the election hotspots during the elections. The level of violence at this early stage is almost sure to escalate. Early polls will also ensure that the conduct and result of the national elections will be insulated from whatever happens in that region.
Lastly, this election related event in Mindanao further boosts the basis for my proposal way back in April of this year that the term of Armed Forces Chief of Staff General Victor Ibrado be extended until the end of President Arroyo’s term. If General Ibrado’s term as AFP Chief of Staff is not extended, he will retire on March 10, 2010, which is right in the middle of the campaign period. With the tense situation in Mindanao, it might be best for the AFP not to change leaders midstream.
This act of violence, occurring at the beginning of the election season, may be a preview to the level of violence that may happen once the heat of the campaign period begins. With the culture of clan wars and blood debts prevailing in that part of the country, it is not unlikely that retaliatory attacks will occur between warring sides unless the government steps in to enforce the law and ensure peace and order.
At this early stage, the government should step in, with the imposition of localized emergency rule a feasible option. Now is the time for the PNP, assisted by the AFP, to implement its mandate of controlling the proliferation of illegal firearms and dismantle private armed groups. The PNP is now aggressively pursuing individuals with expired firearms licenses, but perhaps it is about time it flexes its muscles against the real threats to peace and order and political stability, the private armies.
As an additional measure, the government should show that there is justice in this country by actively pursuing the perpetrators and deal with them to the fullest extent of the law. The enforcement of laws against illegal firearms and private armed groups in response to this act of violence should also be accompanied with efforts to bring justice to the victims. It is one way to lessen the need for the side of the victims to take matters in their own hands and resort to street justice.
In light of the impact of this massacre in the political scenario in Maguindanao and probably even the entire ARMM, the government should now consider holding the elections in that part of the country earlier than the rest. It has been the experience in past elections that the national polls are effected by what goes on in that portion of Mindanao.
If elections were held there earlier, the PNP and AFP will be able to focus on what appears to be the hottest of the election hotspots during the elections. The level of violence at this early stage is almost sure to escalate. Early polls will also ensure that the conduct and result of the national elections will be insulated from whatever happens in that region.
Lastly, this election related event in Mindanao further boosts the basis for my proposal way back in April of this year that the term of Armed Forces Chief of Staff General Victor Ibrado be extended until the end of President Arroyo’s term. If General Ibrado’s term as AFP Chief of Staff is not extended, he will retire on March 10, 2010, which is right in the middle of the campaign period. With the tense situation in Mindanao, it might be best for the AFP not to change leaders midstream.
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