No Supreme Court TRO on martial law

MANILA, Philippines - The Supreme Court has not issued an immediate restraining order sought by separate petitions seeking to stop the imposition of martial law in Maguindanao after the alleged rebellion of a powerful clan tagged in the massacre of 57 people in the province last Nov. 23.

The SC yesterday gave the President and five of her officials until Dec. 14 to comment on five petitions seeking to stop the enforcement of martial law in Maguindanao.

Meanwhile, the SC granted the justice department’s request for the transfer of 20 murder cases against Datu Unsay Mayor Andal Ampatuan Jr. from the Cotabato City regional trial court to the Quezon City RTC, according to SC deputy spokesperson Gleo Guerra.

Quezon City RTC Executive Judge Ofelia Marquez was directed to raffle the cases immediately, Guerra said.

Speaking to reporters, Guerra said the SC saw no need to restrain the implementation of Proclamation 1959 as the petitioners had sought.

“The Court did not see the necessity to immediately respond to the prayer of petitioners for issuance of TRO (temporary restraining order),” she said.

However, Guerra said it does not mean that the SC did not see the urgency to act on the petitions.

“In fact, the Court sees the urgency to resolve these consolidated petitions when it gave respondents only five days to submit their comments,” she said.

Guerra said the SC took note of the constitutional requirement to resolve the petitions within 30 days.

The SC would discuss the alleged inactivity of courts in Maguindanao as part of the issue in determining whether the martial law declaration was constitutional, she added.

The petitioners were Maguindanao Rep. Didagen Dilangalen; National Union of Peoples’ Lawyers and party-list groups Bayan Muna, Gabriela and Bayan; Ampatuan lawyer Sigfrid Fortun; and concerned citizens led by former Senate president Jovito Salonga, lawyer Harry Roque Jr., and law student Joseph Nelson Loyola.

Named respondents were Mrs. Arroyo, Executive Secretary Eduardo Ermita, Defense Secretary Norberto Gonzales,

Interior Secretary Ronaldo Puno, Armed Forces of the Philippines (AFP) chief Gen. Victor Ibrado and the Philippine National Police (PNP) chief Director General Jesus Verzosa.

In another case, the SC also ordered Puno, the AFP and the PNP to comment within five days on a petition of Gov. Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao to declare illegal Mrs. Arroyo’s orders placing the region under a state of emergency.

Governor Ampatuan, whose brother and father were among those implicated in the Nov. 23 massacre of 57 people in Maguindanao province, asked the SC to enjoin the national government from implementing Proclamation 1946 and Administrative Order 273.

More witnesses coming out

Interior Secretary Ronaldo Puno said yesterday more witnesses are coming out to testify on the Maguindanao massacre.

“I don’t know the exact number right now because they increase everyday,” he said.

“Everyday as we speak there are new witnesses and in fact, now I know for a fact that there are a number of major witnesses that are being interviewed.”

Puno said police investigators are gathering evidence to pin down the suspects, a number of whom have been identified through the testimonies of witnesses.

“We are trying to account for the 100 plus that were actually involved in the killing,” he said.

“We have already gotten the identities of many of them. So on the multiple murder investigation side, I think it’s progressing right now. It’s a little slower than we are hoping but there will be progress.”

Philippine National Police chief Director General Jesus Verzosa assured the public that policemen will not abuse their powers under martial law.

“We want to ensure that justice is served,” he said.

“Let us not be distracted by the imposition of martial law so that we do not lose track of why this was declared, which is to ensure that justice is given to the 57 victims who were massacred.”

More witnesses against the Ampatuans are coming out because they feel safe under martial law, Verzosa said.

Puno said the interior department can recommend to shorten the 60-day implementation of martial law.

“I guess the presumption in law is also most situation will be solvable in the 60-day limit because then it becomes very difficult to extend martial law.”

Puno said the military and police have clashed with rogues in Maguindanao since martial law was declared last Dec. 4.

“The Special Action Force that engaged them in a firefight… that was the one big one,” he said.

“And then on another occasion, encounters happened in the process of unearthing arms caches. I think that this is a clear indication and certainly overt evidence that the rebellion is ongoing.”

No martial law in Lanao Sur

Armed Forces spokesman Lt. Col. Romeo Brawner denied yesterday that the military has recommended that Lanao del Sur be placed under martial law.

“There is no recommendation from the AFP for the expansion of martial law because as it is now, we have seen that the situation on the ground is becoming normal; commerce has started to operate, churches and schools have opened,” he said.

Brawner said the conditions in other areas are different from that of Maguindanao, and do not warrant the expansion of martial law.

“The reason why we are not extending martial law to the other areas is because the conditions that we see in Maguindanao are not present in other areas of the country, like in Lanao, Cotabato and Sultan Kudarat,” he said.

In Maguindanao, Brawner said about 2,600 armed supporters of the Ampatuans have been reportedly instructed to attack government troops.

“The threat is still there, if you recall there was a firefight between the PNP Special Action Force and the rebel armed groups the other night, so the threat is still there and our troops are on alert in the area to guard against these attacks,” he said.

Negotiations continue to convince the Ampatuan partisans to surrender to prevent further violence, Brawner said.

‘Free ARMM Governor Ampatuan’

Lawyers of detained ARMM Gov. Ampatuan demanded yesterday the immediate release of their client from police custody following the expiration of the period for his detention without any charges.

Nur Abdullah, Ampatuan’s counsel, said the Criminal Investigation and Detection Group (CIDG) has not filed any criminal case against his client since he was arrested in Shariff Aguak, Maguindanao last Saturday.

“The period for which he can be detained for inquest of whatsoever has expired so he has to be released, as prescribed by law,” he said.

“The letter we submitted to the CIDG 12 is a ‘demand letter’ detailing the legal premise for the release of our client.”

The 44-year-old ARMM governor is detained at the CIDG regional office in Camp Lira in General Santos City.

Officials of the CIDG and the SOCCSKSARGEN police, including Chief Superintendent Felicisimo Khu, who is overseeing police operations in Shariff Aguak, Maguindanao, said they would have to refer the letter of Ampatuan’s lawyer to the Department of Justice, the PNP and AFP headquarters.

“Police operatives involved in the operations meant to solve the Nov. 23 massacre in Maguindanao and the disbandment of private armies in the province, operate under the guidance of higher headquarters,” Khu said.

Other lawyers of the ARMM governor said their client has not been criminally linked to the massacre.

“He has not been charged criminally in connection with the massacre,” said lawyer Norodin Kasim.

“What he is facing, for now, is an administrative complaint filed by Buluan Vice Mayor Esmael Mangudadatu, a candidate for governor of Maguindanao.” —Christina Mendez, James Mananghaya, John Unson