No TRO from Supreme Court on martial law
MANILA, Philippines - The Supreme Court (SC) has refrained from issuing a temporary restraining order (TRO) on Presidential Proclamation No. 1959 that declared a martial law rule in Maguindanao province.
Following an en banc on Tuesday, the Tribunal only gave the government until Monday (December 14) to file its comment on the petitions to nullify the proclamation of military rule.
Five petitions have been filed in the SC to nullify martial law in Maguindanao, all arguing that there is no factual basis for its declaration as there was no invasion or actual rebellion in the southern province.
The Constitution states that martial law can only be declared in the face of invasion, rebellion or public uprising.
The government said it was prompted to declare martial law following reports that a rebellion was "in the offing” from the followers of the ruling Ampatuan clan in Maguindanao.
The Ampatuans are suspected to be behind the mass murder of 57 people last Nov. 23. Thirty of the victims were members of the media.
The Ampatuans were among those who filed petitions against Proclamation 1959.
Exercising prudence?
Asked if the non-issuance of a TRO hurts the petitions against martial law lawyer Joel Butuyan , one of the petitioners, said the High Court may just be exercising prudence.
“Maybe the SC wants to hear the other side first…whether there is factual basis for the martial law declaration,” Butuyan said.
He noted that the declaration of martial law is only one of the few instances where it can review a case on factual basis. Generally, the High Court resolves constitutional and legal issues.
Reports reaching abs-cbnNEWS.com/Newsbreak also said that the Supreme Court would decide Tuesday next week whether to hold oral arguments on the case.
Meanwhile, a source with intimate knowledge of the Supreme Court fears intense lobbying by Malacañang to get a favorable ruling on martial law.
Although the Supreme Court is now composed of appointees of President Arroyo, with the exception of Chief Justice Reynato Puno, a bloc of justices has shown independence from the appointing power. (by Aries Rufo, abs-cbnNEWS.com/Newsbreak)
Printer-friendly version
Send to friend
Share your views
Martial Law for the murderers
Other Senators and other groups oppossing the implementation of martial law in maguindanao beacause we can not denie the fact that these said senators and groups were benifited to the fabricated votes produces by ampatuans clan thats why they won the senatorial seats..Infact this should be their responsibility to suggest the best way on how to destroyed private armies loyal to ampatuans clan and not just keep on criticising the malacanang strategies to arrest those involve in the massacre...Concern officials already explained that the purpose of temporary martial law in Maguindanao is to fast tract and destroy private armies as well as speed up bringing justice to the victims.. Urgency is there...what can you say to those people loyal to amptuans involve in the massacre who are battling and refuse to surrender their weapons the PNP/militaries? Is that not a case of rebellion? Is the discoveries of high powered weapons and ammos among those ampatuans not a threat to the philippines/filipino people? How many victims of corrupt officials you want to be sacrifice? Most opposing senators and groups are taking advantage on this issue to endorse thereselves for their own personal purpose..What can you say those victims of massacre?..Poor Philippines due to crab mentality and corrupt officials... We insist martial law to those private armies specially those involve in the massacre...No to TROon martial law, let all private armies be destroyed by martial law and bring justice to the victims..
Sala sa Init, Sala sa Lamig!
Kung ang nag demand ng martial law para sa Maguindanao eh mga tao at di ginawa ni PGMA, sasabihin ng mga tao "Walanghiya yan si pandak! Tingnan mo walang ginagawang aksyon! Dapat martial law na! Kasi maka Ampatuan yan eh!" Pag si PGMA ang nag declare ng martial law, sasabihin ng mga tao "Dapat walang martial law!" Pag di agad na aresto si Ampatuan.. sasabihin ng mga tao "Napakabagal talaga nyang si pandak! Tingnan mo.. hangagang ngayon eh wala pa ring inaaresto!" At pag nagpadala ng helicopter at minadali ang pag aresto kay Ampatuan para madala agad sa Maynila, sasabihin ng mga tao "Tingnan mo.. VIP pa ang treatment sa mga Ampatuan!" Pag nag raid sa mga bahay ng mga Ampatuan, sasabihin ng mga tao "Walanghiya talaga yang gobyerno natin.. Di makatao ang ginawa nila sa pag raid!" At pag di naman nag raid, sasabihin ng mga tao "Tingnan mo.. wala man lang aksyon ang gobyerno natin!" hehehe.. SALA SA INIT, SALA SA LAMIG.
Conspirary theories are not helping
Anim na buwan na lang ang nalalabi sa termino ni GMA. Hindi magtatagal, bababa na siya sa puwesto at may papalit na bagong halal na Presidente. Konting tiis na lang at mangyayari na ito sa wakas.
Regarding sa Martial Law and conspiracy theories na ito'y magiging nationwide eventually, I beg to disagree. Even GMA will not risk everything to impose the same Martial Law that Marcos implemented. It will be stupid of her to do that since the outrage that this will cause is going to be overwhelming. No one wants another Marcos styled Martial Law again. No one. Matalino si GMA. Hindi siya katulad ni Erap na nagpaloko sa kaibigan kaya nakalaboso. It is also the reason why she was able to last for 9 years amidst with all the rallies and rebellions in the AFP demanding her to step down. At the same time, if she really want to declare Martial Law, nuon pa niya dapat ginawa. Nilusob ang Malakanyang, muntik-muntikan nang magkaroon ng coup d' etat, nagkaroon ng oakwood rebellion at nagkaroon din ng crisis involving Trillanes, at ilang pulitiko sa isang hotel din sa Makati (I forgot the name of the hotel). If plano talaga ni GMA to put the entire Philippine Archipelago under Martial Law, that would've been the perfect time to do that. And now kung kailan buwan na lang ang binibilang bago siya bumaba saka siya magpa-plano ng Martial Law? I don't think so.
What I'm trying to say is, STOP ALL CONSPIRACY THEORIES. It's not helping people. It's keeping us from being united as one people. The government is handling the crisis in Maguindanao, let them do their jobs. That's why we vote for them. What we need to do is to make sure, that those responsible for these grisly massacre will be sent behind bars and denied parole for the rest of their lives. Wala kasi tayong death penalty pero if we think about it, life imprisonment is indeed a terrible punishment for these killers. And if GMA tries to to protect these killers, THEN THAT WILL BE THE TIME TO ACT. Let's not forget what these killers have done. Diyan tayo dapat naka-focus. Yan ang dapat na binabantayan natin.
Purihin ang gobyerno kung tama ang ginagawa nila. Batikusin at iparamdam ang galit kung mali. Alamin at intindihin ang dapat intindihin. Iwasan ang magmarunong. Iwasan natin ang haka-haka.
Stop conspiracy theories. It's not helping.
Anim na buwan na lang ang nalalabi sa termino ni GMA. Hindi magtatagal, bababa na siya sa puwesto at may papalit na bagong halal na Presidente. Konting tiis na lang at mangyayari na ito sa wakas.
Regarding sa Martial Law and conspiracy theories na ito'y magiging nationwide eventually, I beg to disagree. Even GMA will not risk everything to impose the same Martial Law that Marcos implemented. It will be stupid of her to do that since the outrage that this will cause is going to be overwhelming. No one wants another Marcos styled Martial Law again. No one. Matalino si GMA. Hindi siya katulad ni Erap na nagpaloko sa kaibigan kaya nakalaboso. It is also the reason why she was able to last for 9 years amidst with all the rallies and rebellions in the AFP demanding her to step down. At the same time, if she really want to declare Martial Law, nuon pa niya dapat ginawa. Nilusob ang Malakanyang, muntik-muntikan nang magkaroon ng coup d' etat, nagkaroon ng oakwood rebellion at nagkaroon din ng crisis involving Trillanes, at ilang pulitiko sa isang hotel din sa Makati (I forgot the name of the hotel). If plano talaga ni GMA to put the entire Philippine Archipelago under Martial Law, that would've been the perfect time to do that. And now kung kailan buwan na lang ang binibilang bago siya bumaba saka siya magpa-plano ng Martial Law? I don't think so.
What I'm trying to say is, STOP ALL CONSPIRACY THEORIES. It's not helping people. It's keeping us from being united as one people. The government is handling the crisis in Maguindanao, let them do their jobs. That's why we vote for them. What we need to do is to make sure, that those responsible for these grisly massacre will be sent behind bars and denied parole for the rest of their lives. Wala kasi tayong death penalty pero if we think about it, life imprisonment is indeed a terrible punishment for these killers. And if GMA tries to to protect these killers, THEN THAT WILL BE THE TIME TO ACT. Let's not forget what these killers have done. Diyan tayo dapat naka-focus. Yan ang dapat na binabantayan natin.
Purihin ang gobyerno kung tama ang ginagawa nila. Batikusin at iparamdam ang galit kung mali. Alamin at intindihin ang dapat intindihin. Iwasan ang magmarunong. Iwasan natin ang haka-haka.
Stop all conspiracy theories
Anim na buwan na lang ang nalalabi sa termino ni GMA. Hindi magtatagal, bababa na siya sa puwesto at may papalit na bagong halal na Presidente. Konting tiis na lang at mangyayari na ito sa wakas.
Regarding sa Martial Law and conspiracy theories na ito'y magiging nationwide eventually, I beg to disagree. Even GMA will not risk everything to impose the same Martial Law that Marcos implemented. It will be stupid of her to do that since the outrage that this will cause is going to be overwhelming. No one wants another Marcos styled Martial Law again. No one. Matalino si GMA. Hindi siya katulad ni Erap na nagpaloko sa kaibigan kaya nakalaboso. It is also the reason why she was able to last for 9 years amidst with all the rallies and rebellions in the AFP demanding her to step down. At the same time, if she really want to declare Martial Law, nuon pa niya dapat ginawa. Nilusob ang Malakanyang, muntik-muntikan nang magkaroon ng coup d' etat, nagkaroon ng oakwood rebellion at nagkaroon din ng crisis involving Trillanes, at ilang pulitiko sa isang hotel din sa Makati (I forgot the name of the hotel). If plano talaga ni GMA to put the entire Philippine Archipelago under Martial Law, that would've been the perfect time to do that. And now kung kailan buwan na lang ang binibilang bago siya bumaba saka siya magpa-plano ng Martial Law? I don't think so.
What I'm trying to say is, STOP ALL CONSPIRACY THEORIES. It's not helping people. It's keeping us from being united as one people. The government is handling the crisis in Maguindanao, let them do their jobs. That's why we vote for them. What we need to do is to make sure, that those responsible for these grisly massacre will be sent behind bars and denied parole for the rest of their lives. Wala kasi tayong death penalty pero if we think about it, life imprisonment is indeed a terrible punishment for these killers. And if GMA tries to to protect these killers, THEN THAT WILL BE THE TIME TO ACT. Let's not forget what these killers have done. Diyan tayo dapat naka-focus. Yan ang dapat na binabantayan natin.
Purihin ang gobyerno kung tama ang ginagawa nila. Batikusin at iparamdam ang galit kung mali. Alamin at intindihin ang dapat intindihin. Iwasan ang magmarunong. Iwasan natin ang haka-haka.
WATCH IT! NAGBABAGO ANG ISIP NG KUKOTE SUPREMA!
Ganyan din nung panahon ng martial law ni Marcos, lahat ng huwes sa korte ay mga tuta niya. Ngayon sinong huwes ang magtatangkang ipahayag na unconstitutional ang martial law ni Pandak?
WALANG SINASABI SA BATAS NA KAILANGAN MUNANG UNCONSTITUTIONAL ANG ML BAGO MA REVOKE NG CONGRESS. PERO HALOS LAHAT NG MGA MIYEMBRO NG LOWER HOUSE AY MGA TUTA RIN NI PANDAK KAYA'T MALABONG MA REVOKE.
KAPAG HINDI NATIGIL YAN, PUWEDE NANG GAWING NATIONWIDE. SUPORTADO YAN NG MGA CORRUPT NA MILITARY AT PULIS.
HAPPY DAYS ARE HERE AGAIN, MARTIAL LAW IS HERE AGAIN!
WE GO DOWN, YOU GO DOWN!
A lack of comprehension that owes in turn to the logic of an unshakeable alliance with the person occupying Malacañang, a logic that says: “Why should you object to the way we dispose of our enemies? We do not object to the way you dispose of yours. Without us, you will not be there. We are bound together by the stoutest of threads, or threats, which is a partnership in crime. We go down, you go down.”
Luntiang Balaraw
And what if the proclamation of MArtial Law is not declared illegal? The point is, we cannot just speculate that the declaration of MArtial Law is unconstitutional. Even the COngress has yet to see the President's report, and the SUpreme Court defer the issuance of TRO, obviously because to do so would be premature. Nobody has seen the President's report and yet people are so quick to declare the ML unconstitutional. Some Mindanaoans are correct in saying extra ordinary times require extra ordinary measures. This is the right time to take action. There is no reason to really panic with this martial law that we have right now. It's practically toothless. COngress can revoke it, and SUpreme Court can declare it unconsitutional.
devilmaycry
It may be slow, but it is better than what happened. If the same lawyers move for the exclusion of the evidence gathered during Martial Law since the declaration of the martial law is illegal the court will not have any choice but to declare the evidence as inadmissable. End result... the Ampatuans will be acquitted.
I'm for a swift solution and swift justice but what happened only gave the defendant's lawyers more ammunition to enable them to save the ampatuans (except for junior) in the end.
I guess they are still allies.
I told you so
Arroyo will now withdraw Martial Law as reported in Bandila. Well this is another variation but the effect is still the same. All the petition in the SC will now be moot and academic. But I will make another prediction... Congress, specifically the allies of Arroyo will also move for the discontinuation of Martial Law para bumango ang kanilang pangalan for the coming election.
Analysis:
Only Andal Jr. and those implicated by witnesses as corroborated by other witnesses will be left to answer for the Massacre since there are direct testimonies that will put them at the scene of the crime. Scores of inconsequential underlings will also be charged.
The rest could be acquitted if the evidence against them were procured during the Martial Law AND without observing the proper procedure.
As i have indicated in another comment for another news item.
The imposition of Martial Law is a brilliant move, that have put people against the arroyo government in a catch 22 situation.
Moving for the revocation and declaration of the obvious illegality of the Martial Law will result sa malabnaw na pag tugis at pag neutralize sa mga Ampatuan dahil most of the evidence against them will be useless.
However if the arroyo government have managed to successfully convince the SC and congress to validate and affirm the imposition of Proclamation 1959 this will be a precedent case since the report of Arroyo to congress to justify the proclamation is not only true for the whole Philippines but it is worst for the rest of the country. Thus Martial Law can be used anytime, most specially during the election.
What we can do? Nothing... We just need to pray since these are all legal procedures and the law. It may be immoral but it is still the law. We can only hope that the Filipino public’s eyes are wide open and prevent the arroyos and their minions from winning any position in the next election. From President to councillor dapat wala ng bahid kahit na hibla ng mga arroyo sa government.