Senate declares martial law proclamation unconstitutional

MANILA, Philippines – The Senate approved yesterday the resolution declaring martial law in Maguindanao unconstitutional despite its lifting last Saturday.

Eighteen senators signed the resolution, which was adopted without objection.

Senate Majority Leader Juan Miguel Zubiri moved for the approval of Senate Resolution No. 1522 as Congress was expected to adjourn its joint session to tackle Proclamation 1959 imposing martial law in Maguindanao.

The resolution expresses the sense of the Senate that the proclamation of martial law in Maguindanao was contrary to the provisions of the 1987 Constitution.

Zubiri was the 18th senator to sign the resolution after Senators Francis Pangilinan, Benigno Aquino III, Manuel Roxas II, Alan Peter Cayetano, Pia Cayetano, Loren Legarda, Rodolfo Biazon, Francis Escudero, Panfilo Lacson, Ma. Ana Consuelo Madrigal, Gregorio Honasan, Miriam Defensor-Santiago, Richard Gordon, Manuel Villar Jr., Antonio Trillanes IV, Senate President Pro Tempore Jinggoy Estrada and Senate Minority Leader Aquilino Pimentel Jr.

In a press conference, Pangilinan said the Senate would like to send a message to Congress, Malacañang, and especially the Supreme Court that the proclamation of martial law was “without factual and legal basis” since there was no rebellion in the area.

“For the Senate, the lifting does not render the issue moot and academic and the resolution is a definitive finding by the upper chamber that the declaration is contrary to the Constitution,” Pangilinan said.

He supported calls for the SC to rule on the petitions questioning the imposition of martial law instead of turning its back on the opportunity to make a ruling to guide future actions of the current and future administration.

Pangilinan said an SC ruling could serve as deterrent against possible abuses of those in power.

He noted that the High Court ruled on Proclamation 1017 declaring a state of emergency in February 2006 as a result of the military’s discovery of an alleged plot by key officers to join protest marches on that day and break away from the chain of command.

University of the Philippines professor Randy David was arrested in a march marking the anniversary of the first Edsa People Power Revolution. Police also rounded up other people during the time the proclamation was in effect and raided the office of The Daily Tribune, a broadsheet critical of the Arroyo administration and seized editorial materials.

The Philippine National Police (PNP) said it would take over any media organization that would not follow “standards set by the government.”

On May 3, 2006, the SC declared unconstitutional the arrest of protesters, the forcible breakup of rallies and the raid on the Tribune carried out in accordance with Proclamation 1017.

Voting 11-3, the tribunal upheld the President’s power to declare a state of emergency, but ruled as illegal a clause in Proclamation 1017 giving her authority to issue decrees.

The High Court assailed the proclamation, saying it evoked shades of former President Ferdinand Marcos’ 1081 which imposed martial law in 1972.

David filed the case against the government.

Pangilinan said the SC must issue a ruling on Proclamation 1959 because this was more serious as it involved martial rule.

Senators warned that the proclamation of martial law in Maguindanao was a test case and that it could be declared in other areas especially during election time in 2010. They said it was dangerous because President Arroyo could use it to perpetuate herself in power.

AFP: No troop pullout

Meanwhile, the AFP said it would not pull out the large number of troops deployed in Maguindanao even after the lifting of martial law because armed supporters of the powerful Ampatuan clan are still capable of launching large-scale attacks following the arrest of their leaders.

Lt. Col. Romeo Brawner, AFP public affairs office chief, said they have just monitored a large gathering of armed group members in the area of Sultan sa Barongis town two days ago, but the group dispersed following the meeting.

“They are still armed and capable of mounting large scale attacks,” Brawner said.

He said the military and police still have to deal with around 2,000 armed group members in the province and because of this, they would not reduce the 4,000 troops deployed to the province since the Nov. 23 massacre.    – James Mananghaya