Martial rule in Maguindanao draws strong criticisms

Posted at 12/06/2009 1:59 PM | Updated as of 12/06/2009 6:47 PM

MANILA – The decision of President Arroyo to place the province of Maguindanao under martial law has caused uproar and drawn strong condemnations from various sectors.

Leila de Lima, head of the Commission on Human Rights (CHR), maintained that the government has no basis in declaring martial law, adding that it “is not what we need right now.”

""There are two factors that must be considered before declaring martial law – rebellion and chaos. This is not what we need right now. What we need is to arrest all suspects and armed men involved in the massacre," De Lima told ABS-CBN News.

Mrs. Arroyo officially declared martial law in the province of Maguindanao on Saturday morning in relation to the November 23 massacre of 57 innocent civilians in the province.

President Arroyo imposed martial law in an effort to rein in the Ampatuan family, a clan that until the massacre had ruled the province with the backing of the ruling coalition.

With the declaration of a state of martial law, the privilege of the writ of habeas corpus in Maguindanao, except for certain areas identified as bailiwicks of the Moro Islamic Liberation Front (MILF), has been suspended.

In her separate interview on ANC’s “Dateline Philippines Sunday,” De Lima disclosed that this new development in Maguindanao prompted the CHR en banc to hold an emergency meeting Sunday morning.

The CHR is worried about the possible violations of human rights in the province as well as the effects of the declaration on ordinary citizens, she added.

The former president of the Integrated Bar of the Philippines, meantime, branded Mrs. Arroyo’s move as an “overkill” and illegal.

Lawyer Feliciano Bautista pointed out that there is no invasion and rebellion in Maguindanao, thus, there is no need for the President to issue Proclamation No. 1959.

Nacionalista Party senatorial bet Adel Tamano added that steps on solving the Maguindanao massacre should have been done within legalities.

“The Maguindanao massacre was an outrage but you do not solve it by committing an outrage on the rights of Mindanaoans, specifically those of Muslim Mindanao, by declaring unconstitutional martial law,” he added.

Ilocos Norte Rep. Ferdinand “Bongbong” Marcos Jr. (2nd district) has also urged the public to be “extra” vigilant against a possible nationwide declaration of martial law.

Calls for vigilance

Bishop Bert Calang of the Iglesia Filipina Independiente called on Congress to carefully study Proclamation No. 1959.

Calang feared that President Arroyo might eventually place the entire country under martial law.

UNO president Makati Mayor Jejomar Binay also expressed fears that the imposition of martial law in Maguindanao could be a ruse to allow authorities to hunt for evidence of election fraud during the 2004 presidential election.

"There have reports that the Ampatuans have threatened to make the Arroyo administration pay by telling all they know about the massive cheating in the province during the 2004 presidential elections," he said.

"If such reports are true, then this reduces the martial law proclamation into a hunt for evidence of election fraud," he added.

Binay, a human rights lawyer who had been detained when martial law was imposed in 1972, also called for vigilance in the face of government's supposed efforts to downplay the restrictions on human rights.

"It is a supposedly a smiling martial law, without the restrictions that are associated with martial law," he said. "Those of us who lived through, suffered, and fought during the martial law years can attest that there is no such thing as smiling martial law."

The MILF, meanwhile, said the imposition of martial law would not likely affect peace talks with the government.

MILF spokesperson Eid Kabalu said the group has asked the government to coordinate with the MILF as it pursues suspects in the Maguindanao massacre to avoid possible mis-encounters between government and MILF forces.

Kabalu added that his group is being constantly informed of the developments in the military operations on the massacre.

Businessmen divided over martial rule

Businessmen are divided over the declaration of martial law in Maguindanao. Many businesses in Maguindanao have closed shop, fearing that violence may erupt in the province flowing the imposition of martial rule.

Some said the declaration may prevent bloodshed, but others also feared that innocent civilians may be arrested.

Julhanni Bandila, executive director of the Maguindanao Chamber of Commerce, said he is not against the imposition of martial law, although he added that it has its share of good and bad effects.

“It will prevent unexpected lawless violence. Dahil diyan maraming checkpoints na na-establish within the area of Shariff Aguak. Pero actually, not all municipalities in the province are affected with this issue,” Bandila said in an interview on ANC’s “Prime News” Saturday night.

He related that residents in Shariff Aguak town were really affected. “Balita ko lahat ng tao umaalis na sa Shariff Aguak. Nag-evacuate na sila, and all business establishments nag-sarado na… kasi takot na ang mga tao sa increased military numbers sa Shariff Aguak.”

In Metro Manila, the Makati Business Club (MBC) opposed the imposition of martial law in the province.

The group, which is known to be critical of Mrs. Arroyo, said the declaration may raise fears in the international community.

According to MBC president Alberto Lim, the martial law declaration may be expanded.

But the Philippine Chamber of Commerce and Industry (PCCI), a business group close to the Arroyo administration, said otherwise.

PCCI said martial law may be good for the economy. PCCI President Edgardo Lacson noted that the declaration would ensure peace in key cities such as Davao, General Santos and even Manila.

Lacson added that it would also allay fears of violence that are preventing foreign businesses from investing in the Philippines. -Reports from Francis Magbanua, France Noguera, ABS-CBN News, ANC, and Agence France-Presse


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56 comments

In support of Tedy

I strongly support the views of tedy. i'm also from Mindanao, just a neighboring province of maguindanao to be exact. Yung mga taga Luzon and Visayas na against sa martial law in Maguindanao, I challenge you to go to Maguindanao Province and spend a week or two and bring all your text books in law. But don't forget to do your last will and testament before you leave...


not the best way

The declaration of martial law in Maguindanao is not the best way in solving the crime against the 57 people massacred. I strongly believe that the best solution is to send Atty. Harry Roque, Atty. Jose Manuel Diokno, Rep. Satur Ocampo and Rep. Teddy Casiño to Maguindanao and let them conduct the investigation themselves. Let us see if they can still come home to their families alive. They should shut their mouths up and go to Maguindanao to assess the real situation. They are too unrealistic.


To Christoto....at sa lahat ng ayaw sa ML of Maguindanao!

Bro, tanong ko lang sa inyo nakapunta ka na bah ng Mindanao?
I dare you now subukan mong pumunta doon particularly in Maguindanao at magdala ka ng libro at isigaw ang batas na sinasabi mo kung may maniniwala ba sa iyo? subukan mong tumira doon under Ampatuan Law tingnan lang natin kung hindi ka iihi sa takot? ang galing niyong magsalita eh wala nman kayong ginawa? At am sure wala kayong magawa kundi ang mag-ingay? alam mo bro lahat naman tayo galit kay Gloria pero sa usaping ito sana nman tigilan niyo yang usaping pang politika? tinatanong niyo ang legalities ng ML dahil takot kayo sa technicalities eh hayaan niyo muna ang mga imbestigador sa kaso at maglahad ng mga ebedensiya bago kayo manghusga: eh kung wala kayong magawa para solusyunan ang Isla ng Mindanao particularly now in Maguindanao eh sana tumahimik nalang kayo? sa mga moslem territory bro doon ay minsan kinalimutan na ng mga ibang tao ang due process, some people were not after of what you said constitution, people right there were challenged on how to survived each day of living sa kahit anong paraan kaya huwag kayong magmalaki na may malasakit kayo sa mga tao doon dahil sa totoo lang Martial Law right there as of now is better than Ampatuan Law? Martial Law right now is totally different before during Marcos Regime and under 1935 Constitution. kaya ung mga kinatatakutan niyo ay possibe din yan mangyari pero dapat niyong tandaan that Mrs. Gloria Arroyo is one way ahead of us and now we need to moved on. Whenever Gloria is proven guilty of her mistakes let the law will prevail and the justice system will work for it? iyong mga sinisigaw niyo laban kay Gloria ay hindi solusyon sa Maguindanao ngayon at lalo na sa Massacre kya kung sa akala niyo magaling kayo punta kayo doon ngayon at subukan niyong manghuli ng private armies at mag imbestiga ng kaso gets?

PAGBABAGO NG BAYAN AY NASA ATING SARILING MGA KAMAY AT KATAUHAN, MAGTRABAHO KA KAIBIGAN PARA SA IYONG KINABUKASAN: Remember this: God Gives every bird it's food, but He does not throw it into its nest.

To Christoto:.............

Bro, tanong ko lang sayo nakapunta ka na bah ng Mindanao?
I dare you now subukan mong pumunta doon particularly in Maguindanao at magdala ka ng libro at isigaw ang batas na sinasabi mo kung may maniniwala ba sa iyo? subukan mong tumira doon under Ampatuan Law tingnan lang natin kung hindi ka iihi sa takot? ang galing niyong magsalita eh wala nman kayong ginawa? At am sure wala kayong magawa kundi ang mag-ingay? alam mo bro lahat naman tayo galit kay Gloria pero sa usaping ito sana nman tigilan niyo yang usaping pang politika? tinatanong niyo ang legalities ng ML dahil takot kayo sa technicalities eh hayaan niyo muna ang mga imbestigador sa kaso at maglahad ng mga ebedensiya bago kayo manghusga: eh kung wala kayong magawa para solusyunan ang Isla ng Mindanao particularly now in Maguindanao eh sana tumahimik nalang kayo? sa mga moslem territory bro doon ay minsan kinalimutan na ng mga ibang tao ang due process, some people were not after of what you said constitution, people right there were challenged on how to survived each day of living sa kahit anong paraan kaya huwag kayong magmalaki na may malasakit kayo sa mga tao doon dahil sa totoo lang Martial Law right there as of now is better than Ampatuan Law? Martial Law right now is totally different before during Marcos Regime and under 1935 Constitution. kaya ung mga kinatatakutan niyo ay possibe din yan mangyari pero dapat niyong tandaan that Mrs. Gloria Arroyo is one way ahead of us and now we need to moved on. Whenever Gloria is proven guilty of her mistakes let the law will prevail and the justice system will work for it? iyong mga sinisigaw niyo laban kay Gloria ay hindi solusyon sa Maguindanao ngayon at lalo na sa Massacre kya kung sa akala niyo magaling kayo punta kayo doon ngayon at subukan niyong manghuli ng private armies at mag imbestiga ng kaso gets?

PAGBABAGO NG BAYAN AY NASA ATING SARILING MGA KAMAY AT KATAUHAN, MAGTRABAHO KA KAIBIGAN PARA SA IYONG KINABUKASAN: Remember this: God Gives every bird it's food, but He does not throw it into its nest.

if you ask the victims and

if you ask the victims and other people in maguidanao, they are favor of martial law so, those who are against should voice their concern in the right forum... ung oposisyon sana e pumunta sa maguindanao ng malaman nila ang tunay sa sitwasyon...wag yung ingay lang sila ng ingay!!!


Conspiracy: Here are some

1.) Hello Garci Tape – 2004 rig election with Comelec and the Ampatuan
2.) ZTE deal
3.) Lavish dinner in NY
4.) Imelda Marcos winning all cases against corruption
5.) Massacre of all impeachment complaint
6.) Millions of unexplained wealth of the Arroyos
7.) Public accountabilities, etc.
8.) Would you please tell us more kaskas05....corruptors and corroborators.
The president has extensive powers, so why not declare an EO to banned Mindanao of firearms or/and curfew, etc instead of gargantuan martial law? Ampatuan and Arroyo is the same gangster – a leader who cannot follow the simple rule of law of the country - a cowboy and in a Wild - Wild - West of the Philippines.

The massacre was sponsored indirectly by Arroyo and his people in government. They supplied the weapons and support the political dynasty and more by proclamation an executive order to create private armies to the Ampatuan and others. All this problem should be blame to Gloria Arroyo as the president and the Commander-in-Chief of the AFP and PNP who created all this mess.
The Ampatuan is a local version of the Arroyo dynasty in government. She held excessive power and abuse it. Her private armies are the House of Representative, some Senators, many local officials (like the Ampatuan), AFP and PNP, and some Bishops and priests. The Arroyo is killing the nation and makes every Filipino more vulnerable to disaster. Though, impeachment has been lodge, but the private armies of Arroyo have massacred it. The Senate cannot declare martial law as it has no power much less the ability to effectively counter the abusive president.
The declaration of martial law contradicts the rule of law. Like the Ampatuan, they want easy solution to win the election and massacre those 57 people, even if it is illegal. Those people who voice approval to the declaration of martial law in Maguindanao is like saying it is ok to massacre the 57 people to easily win the election or declare martial law to cover the irresponsible actions implicated by Gloria Arroyo and the Ampatuan. This agreeing people are a felony to the crime and Gloria is on top of that.


Conspiracy, conspiracy, where are thee

5

Eto, ang sagot ko sa mga kabobohang conspiracy na umiikot sa utak ng mga naive na pinoy.

Conspiracy no. 1: Baka daw hindi mapatawan ng nararapat na murder charge ang mga Ampatuan dahil sa rebelyon.

Sagot: Unang una palang, napatawan na ng 25 murder charges si Andal Amptuan, the main suspect and also those directly involved in the carnage. The rebellion was charged against the REMAINING Ampatuans who are still in power in Maguindanao, who refused to cooperate and were still not in the custody of the military. So imposimble na walang managot sa murder.

Conspiracy no. 2: Baka daw gawin paraan ni Presidente ang Martial Law para ma extend ang kanyang termino.

Sagot: Naku naman! Mag-isip po tayo! Ay BOBO! Nakakinis sa kabobohan. Naka dalawang people's power na tayo. Alam na ng lahat na kayang-kaya nating mga Pinoy na paalisin ang sino mang diktador sa susunod sa yapak ni Marcos mas mabilis pa sa speed of light. Walang politiko, kahit si GMA man yan, ang magkakalakas ng loob na gumawa nito dahil ito ay siguradong political suicide.

In conclusion, walang katutuhanan ang mga conspiracy na yan. 100% akong sigurado, itaga ninyo sa bato. Chismis lang yan pare ko. The Martial law was imposed to stop the rebellion, to hasten the charges against the Amptuans, and to ensure public safety in Maguindanao. Wala na tayong dapat isipin pa. Ang magagawa natin ngayon ay siguraduhing ginagamit sa maayos na paraan ang Martial law bago tayo mag husga.


Nalulunod Si Totoy (Bow)

5

May dalawang politiko na naglalakad sa dagat, si Politiko A at Politiko B. Tapos, may nakita silang taong nalulunod (si Totoy). Si Politiko A ay mabilis na umaksyon at sinagip yung nalulunod. Si Politiko B naman ay walang ginawa at nag-isip muna kung bakit kaya merong nalulunod?, at bakit kaya hindi marunong lumangoy si Totoy?, at bakit kaya sya sinagip ni Politiko A? (baka magka-relasyon daw ayon sa kanyang conspiracy theory), at bakit kaya walang barko sa dagat sa sandaling iyon? (meron din daw conspiracy eto, pero hindi ko na babanggitin), at bakit kaya bilog ang bwan, at bakit kaya may ulap at bituin, at bakit kaya...

Pagkatapos ng ilang sandali, nasagip si Totoy at dalidali-ang dinala ni Politiko A sa emergency room. Pero bago nito, binatikos pa muna ng walang nagawang si Politiko B si Politiko A kung bakit hindi freestyle ang kanyang ginamit sa paglangoy, mas mabilis daw kasi yun.

-THE END-

Hay naku po!


rfn109

1. Can the Ampatuans go scot-free if and when the Supreme Court rules that Proclamation 1959 is illegal and unconstitutional? Remember that the Ampatuans are to be charged with rebellion and not murder so as to validate this proclamation.

>>>>>> Three issues here. First the ampatuans are being charged with rebellion so that the government can hold them while ML is still in effect or until they are acquited or found guilty on this charge. Second, Rebellion is a different charge from Murder or Mass murder which is a crime against humanity. They can both be found guilty if they are charged with both... wag lang Rebellion complex with murder dahil sinabi na ng supreme court that there is no such thing. Third, The issue really is the evidence that is found during the ML, if SC found that ML is null and void ab initio or even found that it is unconstitutional the evidence found cannot be used in any court...In law there is a concept... The fruit of a poisonous tree is in itself poison... kaya hindi pwededng gamitin sa kahit na anong korte.
<> I am biased against the Arroyos so my answer here can be considered biased as well. But to answer your question base from experience and reports such as statistically impossible 12-0 and the hello garci... definitely the arroyo government can use what ever means to cheat including this one.
<>>If we use the report given by arroyo to congress, what is happening in Maguindanao is peanuts compared to what is happening in Manila and the rest of the country. Yes, they can expand the coverage of the ML. <>> To some degree this is true, but pardon is predicated on the fact that there is conviction... there should be conviction first.

I hope these answers your questions.

Luntiang Balaraw sa Bughaw na Moog

Just Wondering

Bakit kaya hindi nagdeklara ng martial law si Gloria noong kasagsagan ng mga kaguluhan sa Mindanao? Violence instigated by Habier Malik of the MNLF, Umbra Kato of the MILF, and those of the Abu Sayyaf were clearly acts of rebellion.

I'm for the speedy resolution of this gruesome murders but given the past actuation of Arroyo, I also have my reservations on this martial law. The following are my apprehensions on the matter:

1. Can the Ampatuans go scot-free if and when the Supreme Court rules that Proclamation 1959 is illegal and unconstitutional? Remember that the Ampatuans are to be charged with rebellion and not murder so as to validate this proclamation.

2. Given the sheer number of pro-Arroyo congressmen, could this be used by the administration to again cheat their way in the coming election?

3. Remember that this ML was declared upon "perceived danger" to the state. What if they say that based on intelligence reports, this perceived danger has spilled over to Metro Manila and other areas?

4. Correct me if I'm wrong, but I heard that the president, as Commander-in-Chief and key implementor of martial law has the power to pardon people charged under martial law without even waiting for a court's resolution on the case.

Kindly enlighten me on these matter.



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