Independent commission to review '1959' sought

MANILA, Philippines - After three session days and around 17 hours of deliberations, Congress' historic joint session on martial law in Maguindanao adjourned at 8:16 p.m. on Monday, with some lawmakers calling on Congress to pursue questions on the constitutionality of Proclamation 1959.

The scheduled voting on Tuesday, December 15, on the possible revocation of Proclamation 1959 declaring martial law and suspending the writ of habeas corpus in Maguindanao was preempted by the lifting of the martial law proclamation on Saturday.

Cagayan de Oro Rep. Rufus Rodriguez moved that the joint session vote on the unconstitutionality of the proclamation. However, his motion, supported by Bayan Muna Rep. Neri Colmenares and Akbayan Rep. Risa Hontiveros, was not entertained.

House Speaker Prospero Nograles ruled that Rodriguez's motion should be taken up during the regular session of the House of Representatives. After a quick suspension of the session, Rodriguez agreed to withdraw his motion.

Earlier in the day, the Senate passed Resolution No. 1522 calling on the Supreme Court to declare Proclamation No. 1959 unconstitutional since the executive branch failed to prove that actual rebellion exists in Maguindanao. Eighteen senators signed the resolution authored by Sen. Francis Pangilinan.

Commenting on the Senate resolution, Nograles told reporters: "I don't know why the Senate wanted martial law to be declared unconstitutional. Only the Supreme Court can do that."

Define rebellion

Senators Benigno "Noynoy" Aquino III and Rodolfo Biazon urged the Senate and the House of Representatives to pursue questions on the constitutionality of Proclamation 1959 even after the joint session adjourns. 

Both senators called for a clear definition of  “rebellion” and specific powers of the martial law administrator to guide future declarations of martial law.

“If we adjourn this afternoon, a legislative response to this has not been terminated…There is a need for Congress to enact an enabling law to clearly define what constitutes the crime of rebellion,” Biazon said.

Aside from defining rebellion, Biazon also said that the enabling law should specify the powers of the martial law administrator. He also congratulated Arroyo for lifting martial law in Maguindanao last December 12.

Aquino also sought the creation of a "jointly appointed Independent Commission that will study and come up with recommendations to Congress."

"Some claim that with the lifting of the proclamation of martial law in Maguindanao, our constitutional duty in this whole exercise has become moot and academic. But we, elected representatives of the people, it is within our constitutional duty to ensure that this historic convening of both chambers of Congress will not be an exercise in futility," Aquino said.

Aquino was the first and the last to interpellate during the historic joint session. It was the first declaration of martial law under the 1987 Constitution and the first joint session of Congress to review martial law. 

Tactical retreat?

Congress' joint session resumed 4 p.m. on Monday with officials of the executive department no longer in attendance at the plenary.

Most of the speakers during the 3-day joint session, which started December 9, assailed the declaration of martial law on the ground that there is no “actual rebellion” to justify it as required by the Constitution.

A total of 11 senators and 19 congressmen went to the podium to defend or assail martial law in Maguindanao.

While Speaker Prospero Nograles earlier said that majority of lawmakers were supporting the proclamation, only a few them--Makati City Rep. Teodoro Locsin Jr., Lanao Del Norte Rep. Abdullah Dimaporo, Banat party-list Rep. Salvador Britanico, and Manila Rep. Jaime Lopez--went to the podium to defend it.

"Nowhere and at no time has martial law been justified nor based more sufficiently on incontrovertible facts. Look at the bodies. Look at the arms stockpiles. We are seeing Maguindanao and what we see, unless we are morally blind, cries out for martial law--at least for now," Locsin said in his speech last week.

Other supporters of martial law opted to just write press releases or hold press conferences to declare their support for martial law.

Nograles, who filed House Resolution 1525 supporting Proclamation 1959, along with other senators and congressmen, opted to just submit their sentiments in writing.

Peace and order restored

Maguindanao Rep. Simeon Datumanong thanked President Arroyo for lifting martial law in his province. He said peace and order will now be restored, and the people can already resume their livelihood activities.

“I truly believe Proclamation No. 1959 does not find support from the Constitution. I do not risk to discuss the reasons but simply to state that I agree with the discussion previously made in this joint session. These discussions have clearly pointed out that rebellion as a ground for the authorization of the president to proclaim martial law or suspend the writ of habeas corpus should be actual and not just imminent,” Datumanong said at the plenary on Monday.

Akbayan party-list representative Walden Bello called Proclamation 1959 lifting martial law in Maguindanao a “tactical retreat.”

“This move is not out of principle. It's a tactical retreat [for fear] that the revocation of martial law would be sustained by the two houses of Congress,” Bello said.

Looming or actual rebellion?

In last week's joint session, officials of the executive department gave insufficient proof on the presence of actual rebellion in Maguindanao.

Malacañang said rebel groups supportive of the political clan of the Ampatuans had taken hold of "strategic" positions in the province. The Ampatuans have been accused of masterminding the massacre.

Executive Secretary Eduardo Ermita had claimed last week at the joint session that the Armed Forces of the Philippines and the Philippine National Police reported movements of "rebel" groups loyal to the Ampatuans, but he failed to give concrete information on any armed attacks.

Justice Secretary Agnes Devanadera, on the other hand, insisted that there was "actual rebellion" as the local courts had purportedly stopped working, and that the local government had been shut down.

Sen. Miriam Defensor Santiago last week challenged the executive to show physical evidence of rebellion, noting that there have been no news footages of clashes between the alleged rebels and security forces. “Show me the rebellion!” she said.

Lift state of emergency

Senator Aquilino Pimentel Jr., who opened the session on Monday assailing the declaration of martial law, called on Malacañang to also lift the state of emergency in Maguindanao, Sultan Kudarat, and Cotabato City.

“It is in the national interest that since martial rule has been lifted, it should follow that even the state of emergency proclamation should likewise be revoked,” Pimentel said.

If not revoked, he warned that there could be human rights violations.

Pursue justice for victims

Meanwhile, Zamboanga City Rep. Maria Isabelle Climaco and South Cotabato Rep. Darlene Antonino Custodio called on lawmakers not to be sidetracked from pursuing justice for the massacre victims.

"The quest for justice should continue. Let's do something to prevent it from happening again," said Custodio.

The November 23 massacre of 57 people in an election-related violence prompted the declaration of martial law in Maguindanao. According to Malacañang, the suspects—the Ampatuans—had called on their private army to prevent the government from enforcing the law. -- with reports from Purple S. Romero, abs-cbnNEWS.com/Newsbreak