Martial Law declaration of Mrs. Arroyo an abuse of Executive Power

What are the conditions existing that justifies the declaration of martial rule? Under Section 18 of Article 7 of the 1987 Constitution, it is clearly stated that:

"The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of Habeas Corpus or place the Philippines or any part thereof under martial law."

The provision is very clear and under our jurisdiction, its construction should also be clear---martial law can only be declared if there is an existing condition of "lawless violence, invasion or rebellion." The Supreme Court in many instances, particularly those rulings when Mrs. Arroyo declared a "state of emergency" in Metro Manila at the height of anti-Arroyo rallies, says that such conditions should be "existing" rather than pre-emptory or "perceived".

In the case of Maguindanao, Mrs. Arroyo clearly exceeded her exercise of powers.

Proclamation 1959 is not a judicious exercise of emergency powers granted to her by the Constitution because at the time she so declared it, there was no existing condition of lawless violence, insurrection nor rebellion (or coup d'etat) in Maguindanao. The Armed Forces of the Philippines has already neutralized the Ampatuans. The principal masterminds of the brutal Maguindanao massacre have already been arrested, put under custody and their private armies disarmed and neutralized.

What is quite evident with this declaration is this--the discovery of a huge cache of arms and ammo bearing the markings of the DND-PNP inside the Ampatuan mansions. NPR already wrote about this in previous posts and is the first to report of this huge cache of arms in most of these mansions inside the Ampatuan compound.

Likewise, even government itself, in its numerous press statements, says that the situation has been placed under control, following the previous declaration of a state of emergency.

Clearly, Proclamation 1959 is NOT really meant to contain a condition or situation in Maguindanao. Rather, the purpose was simply to use it as a threat, to impress upon the political enemies of Mrs. Arroyo that she is still in control and that she still can use this power against those who will undermine her position as President.

Remember that a few days prior to this, Metro Manila was placed under "blue alert" by the Armed Forces despite the absence of a military intelligence report even indicating that the capital was under serious threat. "Blue alerts" are only availed of, when there is a basis, like an imminent attack from the enemies of the state.

That is the main goal. And what is the tactical objective?

The tactical objective is simply obfuscate the discovery of these huge cache of government assets. E.O. 1959 is meant to protect the Powers-That-Be that allowed such assets to be given to a warlord such as the Ampatuans.

It is meant to silence the Ampatuans and those who know why such a huge pile of government arms and ammos fell into the hands of a brutal warlord clan.

It is likewise a pre-emptive move aimed at confusing the situation and diverting attention from the seriousness of this issue.

Clearly, this discovery is more than enough proof that high government and military officials are involved in cuddling and taking care of the Ampatuans. This is prima facie evidence that DND, AFP and PNP officials colluded with the Ampatuans and supplied them with arms and ammos.

And this definitely happened right under the noses of former DND secretary Gilbert "Gibo" Teodoro who earlier claimed in his statements that his administration was "clean" and "devoid of corruption". How will Teodoro explain this now?

Three things:

1. Proclamation 1959 is more of a political act than a direct and judicious response to a condition of lawless violence, invasion or rebellion.

2. Proclamation 1959 is a clear abuse of powers granted to Mrs. Arroyo under the 1987 Constitution. The action was meant to suppress adverse public opinion arising from the discovery of a huge cache of arms and ammonition by the AFP  inside the compound of a political ally.

3. Proclamation 1959 should be condemned because it is a diversionary tactic at the expense of a Power than should not be trifled with.

The message is clear---Proclamation 1959 is Mrs. Arroyo's way of declaring war against her political enemies; a threat meant to impress her enemies that this power still resides with her and will be used to perpetuate and protect her and her gang's interests whenever threatened.

To those who want change--be prepared for the long haul. This diminutive megalomaniac will not stop. Mrs. Arroyo will not fade away peacefully. She will not give up power that easily.

And the elections, clearly, is threatened by the very actions of this megalomaniac.

Democracy is threatened.