MANILA, Philippines - Former Senate President Jovito Salonga on Monday asked the Supreme Court to schedule oral arguments and rule on the various petitions seeking to declare as unconstitutional President Arroyo's proclamation of martial law in Maguindanao.

In his petition, Salonga cited several grounds as to why the High Court should set oral arguments for Proclamation 1959 despite it being lifted last Saturday.

First, he said Mrs. Arroyo violated the Constitution for placing Maguindanao under martial law despite the total absence of an invasion or rebellion, the two exclusive grounds on which such proclamation may only be called for. He noted that the exceptional character of the situation in Maguindanao and the paramount public interest involved warranted the holding of oral arguments.

Salonga said the petition touches on the Constitutional limits on Mrs. Arroyo's executive powers during a time of martial law, "which require the formulation of controlling principles to guide the bench, the bar, and the public."

He also noted that Mrs. Arroyo could repeat the declaration and yet evade review by lifting the order before the court could issue a ruling, rendering the issue moot and academic.

"There is a high probability that Respondent Macapagal-Arroyo might again place Maguindanao province and even the whole island of Mindanao under martial law due to a perceived notion on the part of the Executive that there is a looming rebellion. Hence, for the strict Constitutional guidance of the Executive, there is an urgent need to adjudicate on the fundamental Constitutional issues raised by the instant Petition," the petition read.

Salonga said the Supreme Court had previously ruled on the constitutionality of Presidential Proclamation 1017 declaring a state of national emergency last February 2006, even after it was lifted.

Proclamation No. 1017 was issued on alleged attempts by the “extreme left and the extreme right” to bring down the government. It was lifted March 3, 2006, 1 week after it was declared.

The Supreme Court ruled that the declaration of the state of national emergency was within the military powers of the President but it held unconstitutional the warrantless arrests and warrantless search launched based on the state of national emergency proclamation.

President Arroyo declared a state of martial law in Maguindanao last December 5 to effect the immediate arrests of members of Ampatuan family and their armed supporters for allegedly participating in the November 23 massacre. She later lifted the order on Saturday, December 12.

'Adverse SC ruling to affect martial law gains'

Palace officials on Monday continued to defend the declaration of martial law, quantifying the "dividends" that resulted from the one week martial rule in Maguindanao.

"The recent limited-term, limited-scope declaration of martial law in Maguindanao yielded substantial dividends. These can be itemized as suspects identified and rounded up, witnesses summoned, charges filed, huge quantities of firearms uncovered, unexplained wealth disclosed, public safety protected, and the normal workings of government restored," Palace spokesman Gary Olivar said.

He added, however, that the administration is concerned about the High Court possibly ruling against the martial law declaration, saying this could pose "risks" or "consequences" on these gains.

"If the High Court rules against the exercise of martial law that transpired, what will this do to the dividends that were achieved? What will this mean for the arrests that were made, the charges filed, the evidence collected? Will these gains become what is called 'poisoned fruit', the objectionable outcomes of a poisoned process? Will we then be required to release the suspects, throw away the evidence, even drop the charges?" he asked.

He added that the President is planning to talk about these gains before she leaves for Copenhagen this week.

Olivar dismissed as speculation talk that Mrs. Arroyo lifted martial law to avoid a confrontation or clash with legislators who are in the middle of a joint session. He appealed for "rationality" and called on politicians to go beyond politics.

"The thing was done, the thing was undone, the gain that were sought were achieved, now let's move on," he said.