MANILA - In an apparent attempt to prevent his suspension following the Maguindanao massacre, Autonomous Region in Muslim Mindanao (ARMM) Gov. Datu Zaldy Uy Ampatuan on Thursday asked the Supreme Court (SC) declare unconstitutional the Palace decree placing the province in a state of emergency.

Ampatuan, together with ARMM Vice-Gov. Ansaruddin Adiong and ARMM-Regional Legislative Assembly Speaker Regie Sahali-Generale, filed the 30-page petition in the SC, which also asked that the ensuing Administrative Order (AO) No. 273 be also declared unconstitutional and illegal.

The petition for a temporary restraining order and preliminary injunction from the SC seeks to stop the national government from taking over ARMM and replacing or suspending officials and employees of ARMM accused of being involved in the so-called Maguindanao massacre.

Arroyo issued Proclamation No. 1946 on November 24, a day after the gruesome killings of at least 57 people, including 30 journalists, in Ampatuan town in Maguindanao.

A state of emergency was declared in Maguindanao, Sultan Kudarat and Cotabato City “for the purpose of preventing and suppressing lawless violence in the aforesaid jurisdiction.”

On November 27, Malacañang issued AO 273 vesting to Interior and Local Government Secretary Ronaldo Puno the presidential authority to exercise administrative control over the ARMM.

When AO 273 was issued, Puno had said that the order gave him the power to suspend the ARMM governor and anyone that would hinder the government's investigation into the massacre.

Puno said any investigation usually needs the cooperation of the elected officials where the crime took place. He added, however, that the Maguindanao massacre is unique in that elected officials, including police and military men assigned to the area, are being implicated in the crime.

"Normally, we would let the [ARMM] governor [Zaldy Ampatuan] do this but since he is the brother, there may be a problem here," he noted.

“Contrary to law”

Ampatuan, in the petition, said that based on Section 16 of Article X of the Constitution, President Arroyo can only interfere in the affairs and activities of a local government unit if she finds that it has acted contrary to law.

The petition, which was filed by Ampatuan’s lawyer Sigfrid Fortun, also said that the emergency decree also violates Section 1 of Article V and Section 2 of Article XVI of Republic Act No. 9054 (Expanded Organic Act for ARMM), which gives the regional government the power to exercise disciplinary authority over officials and employees in the region.

“The law is clear. The power to discipline erring officials or employees lies with the Regional Government. Thus, to mete the penalty of suspension and replacement upon those who are merely ‘suspected’ and not to mention, not proven to have complicity in the Maguindanao ‘massacre’ is to unforgivably and despotically contravene the provision,” Ampatuan and the other petitioners said.

The proclamation was also seen as having no basis since the area covered by the declaration of state of emergency covered only 3 areas and not the entire ARMM, according to the petitioners.

“Such provision is a categorical admission that as to the rest of ARMM, no such emergency is found to exist. Thus, taking over the entire ARMM by virtue of such proclamation or any pertinent, directive or order is clearly without legal basis or is in excess of what the proclamation, assuming its validity (which is denied) allows,” the petitioners added.

Puno, the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) were named as respondents in the petition.

Ampatuan and the other petitioners also said that the Mangudadatus have assured that they will not carry out any retaliation rendering the possibility of “lawless violence” to exist without basis.

“The Mangudadatus already assured that they will not carry out a ‘rido’ (clan war) against members of the Ampatuan clan who were implicated in the massacre,” the petitioners added.

The petitioners also said that the exercise of emergency powers over ARMM by the president is illegal since no concurrence of Congress in the proclamation was sought.

“Election ploy”

The petitioners alleged that the looming takeover of ARMM “could be a tool for political expediency to stifle free elections, to favor administration-backed candidates, and to emasculate any opposition."

The Ampatuans, before the massacre, were the Arroyo administration’s favored ally in Maguindanao.

Government critics have said the president and her allies benefitted from the powerful Ampatuan clan in the 2004 and 2007 elections through alleged vote-rigging and electoral fraud.

After the massacre, however, administration party Lakas-Kampi CMD expelled the Ampatuans – ARMM Gov. Ampatuan, Maguindanao Gov. Andal Ampatuan Sr., and Datu Unsay Mayor Andal Ampatuan Jr. from the party.

The administration party then endorsed Buluan Vice Mayor Esmael Mangudadatu as its bet for governor of Maguindanao in the May 2010 elections.

Mangudadatu’s wife, 2 sisters and other relatives as well as 2 lawyers and 30 journalists were abducted by 100 armed men allegedly led by Ampatuan Jr.. Their bodies were later recovered by soldiers.

They were supposed to file the certificate of candidacy of Mangudadatu for governor of the province for the May 2010 elections.