Petitions against Proclamation 1959 will suffer defeat

For those who oppose martial law in Maguindanao, and with Senators saying that they stand to lose in an administration-dominated Lower House, the Supreme Court remains as the last venue for recourse.  Atty. Harry Roque, one of four petitioners who filed petitions questioning Proclamation 1959, prays that the Highest Court of the land stand steadfast against the martial law declaration.

I don't know if Harry knows but, the Supreme Court can only tackle one thing--whether or not there is factual and legal bases for the declaration. They cannot rule against the wisdom of the proclamation since that will be an intrusion into Executive power. The Highest Tribunal cannot also intrude into the legality of such proclamations since it is already an established Power under the 1987 Constitution.

The question really---did Mrs. Arroyo used her powers under the Constitution judiciously and within the boundaries given by law? Was there no abuse of such powers under the Constitution?

Now, I hate to say it but, I think even these petitions will suffer defeat, not because the Tribunal is being dominated by Arroyo appointees, no. The SC can only tackle if these facts, as stated in Mrs. Arroyo's report to Congress and construing the face of the Proclamation 1959 itself, are true. If these facts are true, then, the Supreme Court cannot question the wisdom behind the issuance of the proclamation. The SC also cannot contravene whether Mrs. Arroyo exercised her powers judiciously since that is not within the powers as contemplated by the Constitution. The hands of the Court are tied. Even if they all oppose the declaration, they cannot use that as a basis for declaring Proclamation 1959 as legally infirm and therefore, revocable.

Hence, expect defeat this early. Martial law will remain in Maguindanao, and possibly, even affect other provinces in Mindanao. This early, talks are rife that even Lanao del Norte and Lanao del Sur will be under martial law. It would not surprise me if Mrs. Arroyo place the entire Mindanao, except Surigao del Norte, Surigao del Sur and Zamboanga peninsula under military rule. That is not impossible.

What is very unsettling is the recent demand of the AFP for authorities to extend the period of martial law until May 2010. This will affect the results of the national elections in May 2010.

Seems like this government, with a collusion with the military, is forcing a non-proclamation scenario.