Mrs. Arroyo is a danger, a threat to Philippine Democracy

Justice secretary Agnes Devenadera admitted that Proclamation Order 1959 came about shortly after military ground forces saw certain armed groups roaming in Sharif Aguak town in Maguindanao. Government assessed the situation and came out with an analysis that there was "imminent threat". Devenadera also said that civil courts were not functioning, and there was a threat of rebellion coming from the Ampatuans and their supporters.

With all of these "threats", Malacanang decided to declare martial law.

Now, was Malacanang right in declaring martial law? No.

Martial law is a power available to the President not as a weapon to pre-empt a rebellion, insurrection or lawless violence. No.

Martial law is a weapon created by law so that the President can call out the Armed Forces to SUPPRESS an invasion or rebellion.

Meaning, the condition is already EXISTING and the State, as a response, uses coercive or suppressive force to prevent an escalation of such condition OR as a self-defense tool against those who want to bring down government.

Devenadera tried to create a scenario where there is already a rebellion committed by the Ampatuans. Yet, from her own mouth she admitted that courts were not functioning not because they are being prevented from doing so by the Ampatuans; rather, judges were not reporting to work out of fear or a perception of threats, not actually under threat or even being threatened.

Malacanang is terribly wrong in this. And this could have a dire repercussion on future decisions concerning the declaration of Martial law.

For example, nearing elections in May 2010, the Provincial PNP director reported seeing armed groups in Pangasinan or Bulacan. A killing occurred. Would this be enough to declare martial rule in these areas and immediately declare a failure of elections?

If we are to follow the logic of Proclamation 1959, yes.

How about if bombs went off in Metro Manila and rallies against Mrs. Arroyo occurred next week, would that be enough to declare even Metro Manila under Martial law? By Proclamation 1959, yes.

This Proclamation 1959 is full of legal loopholes and is based not on law, but on personal whims of Mrs. Arroyo. This is very dangerous because it puts democracy in utter jeopardy.

Mrs. Arroyo is a threat to the very democracy she reportedly wants to protect.

Mrs. Arroyo should be stopped at all costs, NOW, not in May 2010.