SC upholds state of emergency in ARMM

MANILA, Philippines - The Supreme Court (SC) has affirmed the legality of the state of emergency declared over the Autonomous Region in Muslim Mindanao (ARMM) by then President and now Pampanga Rep. Gloria Macapagal-Arroyo after the November 2009 Maguindanao massacre.

The high tribunal junked for lack of merit a petition to void the declaration filed on Dec. 3, 2009 by former ARMM Gov. Zaldy Ampatuan, who is among those charged with multiple murder for the massacre of 57 people. The other petitioners were ARMM Vice Gov. Ansaruddin Adiong and ARMM Regional Legislative Assembly Speaker Regie Sahali-Generale.

“It is clearly to the President that the Constitution entrusts the determination of the need for calling out the armed forces to prevent and suppress lawless violence,” read the June 7 ruling penned by Associate Justice Roberto Abad.

“The Court will accord respect to the President’s judgment,” the SC said in its ruling.

Malacañang issued Proclamation 1946 a day after the massacre on Nov. 23. The declaration, which is still in effect, covers Maguindanao, Sultan Kudarat and the city of Cotabato.

Ampatuan, in his petition, claimed that Arroyo’s declaration was a violation of Article X, Section 16 of the Constitution, which provides that the President can interfere in affairs and activities of a local government unit only if the latter has acted contrary to law. Ampatuan had argued that the issuances required congressional concurrence.

But the SC said “the imminence of violence and anarchy at the time the President issued Proclamation 1946 was too grave to ignore and she had to act to prevent further bloodshed and hostilities in the places mentioned,” it added.

The SC said there was also nothing wrong with Arroyo’s subsequent Administrative Orders 273 and 273-A, which gave Department of the Interior and Local Government (DILG) authority to exercise administrative control over the region.

“The calling out of the armed forces to prevent or suppress lawless violence in such places is a power that the Constitution directly vests in the President,” the SC said in its ruling. “She did not need a congressional authority to exercise the same.”

The SC also dismissed Ampatuan’s argument that the orders were an encroachment on ARMM’s autonomy.

The high tribunal also explained that the DILG did not take over the powers of ARMM since it delegated officials of the region as acting governor and vice governor pursuant to rule of succession under RA 9054 or the ARMM law.

“Apparently, the presence of troops in those places is still necessary to ease fear and tension among the citizenry and prevent and suppress any violence that may still erupt, despite the passage of more than a year from the time of the Maguindanao massacre,” the court added.

Still in effect

But even without an SC ruling, Malacañang is not keen on lifting the Arroyo-era order.

“Based on our consultations with LGUs (local government units) in ARMM, it seems that they want the state of emergency to stay there in Maguindanao. There are still some armed groups roaming around, the situation is not completely under control,” Presidential Communications for Strategic Planning Secretary Ricky Carandang said.

“Nonetheless, we have consultations with the local government units and if we are able to determine that there is really a need to lift the state of emergency, then we will definitely do it,” he added.

“As of now, our feedback is that they prefer that the state of emergency stays,” he said.

Meanwhile, the Department of Justice (DOJ) has expressed alarm over plans by the Ampatuan camp to present as evidence History Channel’s “Maguindanao Massacre” documentary.

The DOJ said there were inaccuracies in the documentary and that some portions were not properly labeled as “reenactment” or “reconstruction” and might be perceived as true recordings of the massacre. The documentary was aired in September. It was not clear which portions in the documentary were considered inaccurate by the DOJ.

– With Delon Porcalla, Reinir Padua, Aie Balagtas See

In a pre-trial order last week, Judge Jocelyn Solis-Reyes said “accused’s counsel reserved the naming of witnesses showing the foreign and domestic travels of Datu Andal Ampatuan Sr. in 2009.”

Justice Secretary Leila De Lima has noted that an interview of Maguindanao Gov. Esmael Mangudadatu, who lost his wife and relatives in the massacre, was “out of context” as it “contained inaccurate data such as evidence of rape and pregnant victims when autopsy reports do not reveal the same.”

De Lima also said a claim made by a private prosecutor that the Mangudadatus were no different from the Ampatuans since they both keep private armies, implied that the victims deserved the fate that befell them.

Ampatuan Sr., his son and namesake, and the former ARMM governor had planned the murders, according to the charge sheet. They were among the more than 190 people accused in the multiple murder case.

ARMM OIC

President Aquino, meanwhile, is finalizing the list of possible officers-in-charge (OICs) for ARMM. The OICs would be made to sign a covenant that they would not run in the 2013 elections.

Presidential Political Adviser Ronald Llamas said the President is set to sign on June 30 the bill on the holding of ARMM polls in 2013. He would later be issuing an administrative order creating a screening committee for the OICs in ARMM.

“We believe that the ARMM polls postponement is a big chance for us to change the situation in ARMM and pursue reforms there. We see a lot of mistakes in the way ARMM is being run so this is our chance to fix the huge problems there. We respect the opinion of other people who don’t agree with that but, at the same time, Congress already passed bill so let’s just support the measure and the efforts of the government,” Carandang said in a press briefing in Malacañang.

In defending the bill earlier, Llamas assured senators that OICs would be barred from seeking elective positions in 2013. But such provision in the bill was stricken off because it was unconstitutional.

Llamas said “alternative measures” would be taken by the President to enforce the prohibition.

“All nominees will be required to execute a written undertaking not to run in the 2013 elections in the event they are appointed,” Llamas said. “Those appointed as OICs can even be made to publicly sign a covenant that they will not run.”

Llamas maintained that synchronizing the ARMM polls with the 2013 midterm elections would “fix a broken system,” and would allow OICs a two-year window to institute electoral reform.

“The postponement of elections and the appointment of OICs is for the betterment of ARMM and its people. It is not intended to give political advantage to any person or group. And the executive will do all it can to see that this policy is implemented,” Llamas said.

According to Llamas, the selection of OICs will be rigid and that potential appointees must not be involved in any criminal case, must have a sterling record and must agree with the reforms that the Aquino administration wants to implement in the region.

Aquino is set to appoint OICs for the positions of governor, vice-governor, and members of the regional legislative assembly on or before September.

Earlier, the Palace denied that Aquino had endorsed Anak Mindanao party-list Rep. Mujiv Hataman as OIC. – With Delon Porcalla, Reinir Padua, Aie Balagtas See