Revolt to oppose Martial Rule

The decision to defer the issuance of a Temporary Restraining Order (TRO) by the Supreme Court sets a very bad precedent in future issuances of draconian measures such as martial law. The very sad development of the SC asking for respondents Mrs. Arroyo and her hawks to answer the consolidated petitions shows a loophole in the supposed provision of "checks and balances" insofar as martial law is concerned. Now, we see how powerful the Executive is. We are witnessing how inutile or toothless these "checks and balances"  are against an extension of martial rule.

How can the Supreme Court act as a "balancer" when its hands are tied with procedure? Imagine, due to this, martial law in Maguindanao have been extended to 72 hours, more than the supposed 48 hour as provided for in the 1987 Constitution. And it looks like this Proclamation 1959 will have to be extended even beyond 60 days given these alibis being propounded by the DILG and the AFP about the creation of power vacuums since martial law was implemented. There must be a rule wherein the Supreme Court dispenses its regular rules and implement Special Rules in the event of a declaration of martial rule.

Even the hands of the House are tied. Both the Lower House and the Senate took three days before they can even convene. In a worst case scenario, it would have resulted to thousands of people arrested without formal charges and rights abused.

This gives encouragement to Mrs. Arroyo to do what she wants since both departments, the Legislative and the Judiciary, are powerless against the exercise of such powers by the Executive. It is a myth though, that in case of martial law, Congress will act to preserve democracy. It is likewise a myth that private citizens can go to the Supreme Court and ask for recourse.

It also impresses upon us the need to avail of extra-constitutional measures in the absence of legal remedies. That since both the Legislative and the Judiciary cannot act swiftly against the exercise of pseudo-dictatorial powers under a vastly defective Constitution, we, the People, might have to resort to other means just to protect ourselves from the possibility of suffering another martial law.

Every second counts here, since basic human rights are being violated under Martial rule. If these organs of governance are powerless, then, it must be the People who must arm themselves to repulse any other plan to extend this Proclamation 1959 beyond what was previously contemplated.