The Two Faces of Martial Law (Part 1)

The imposition of martial law in the province of Maguindanao following the gruesome massacre of 57 civilians, including 30 mediamen and two members of the Integrated Bar of the Philippines, had raised two kinds of reactions from the Filipino people. Let's take a look how the Filipinos reacted:

The Anti-Matial Law:

1. Satur Ocampo, Bayan Muna: "should Congress and the Supreme Court conspire with the executive in supporting a 'patently’ unconstitutional order, we will have no choice but to appeal to the people to go to the streets not only to call for the revocation of martial law but to push for the immediate ouster of Gloria Macapagal Arroyo.’’

2. Luzviminda Ilagan, Gabriela: "the President had two objectives in issuing the proclamation: to weaken the case against the Ampatuans in Mindanao from murder to rebellion, which would be eligible for bail and lay the groundwork for a declaration of martial law all over the country on a spurious basis."

3. Neri Colmenares, Bayan Muna: "the declaration of martial law was clearly a prelude to a no-election scenario in 2010. If the presence of armed men is the basis, then the government can claim that the presence of the NPA and MILF and MNLF in other areas would justify the declaration of martial law all over the country."

4. Tayo ang Pag-asa Youth Movement (TPYM): Described the martial law proclamation as “dangerous, needless and self-serving”.

5. Alvin Peters, TPYM Spokesperson: "the move exposed the government's misguided propensity to present a military solution when what is needed is to strengthen civilian institutions such as the courts and the media”; "Proclamation 1959 is an invitation for more violence and sets a dangerous precedent as it weakens civilian institutions. Instead, it provides special powers to the military and the police, both of which have poor records in upholding civil liberties.”

6. The League of Filipino Students warned the martial law declaration in Maguindanao “may be the prelude towards a failure of elections in the country.”

7. Alliance of Concerned Teachers (ACT): "We're one with the public in demanding justice for the victims of the Ampatuans. However, we cannot allow Malacanang to use our outrage at the massacre to justify this dangerous and unconstitutional declaration of martial law.”

8. Pacifico Agabin, Former Dean, University of the Philippines College of Law: "the martial law declaration was unwarranted and unnecessary."

9. Marvic Leonen, UP Law Professor called for vigilance against possible abuse of martial law power in Maguindanao. "Martial law does not automatically suspend the writ of habeas corpus or justify illegal arrests and detention".

10. Ramon Arguelles, Lipa Archbishop: “There is no rebellion there, there is a grievous criminal situation but which does not warrant martial law."

The Pro-Matial Law:

1. Eduardo Ermite, Executive Secretary: (Reading from Proclamation 1959), "The declaration was prompted by reports of 'armed groups in the province of Maguindanao' establishing positions 'to resist government troops, thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety' and of the 'deteriorating condition of peace and order to the extent that the local judicial system and other government mechanisms in the province are not functioning, thus endangering public safety.”

2. Prospero Nograles, House Speaker, Philippine House of Representatives: "the issuance of Proclamation 1959 will help the executive department to effectively restore the functions of the local government units in the province of Maguindanao and to preserve and restore public order and safety.”

3. Cebu Rep. Antonio Cuenco said he chose not to look at the constitutionality of the martial law proclamation, but at the benefits it brought to the people of Maguindanao.

4. Mayor Osmeña said he was in favor of the proclamation “to avert a tribal war.” “The risk of major bloodshed in Mindanao is much higher,” he said, but stressed that he would fight any attempt to extend the condition nationwide.

5. Pablo Garcia (2nd Dist. Rep., Cebu), Pablo John Garcia (3rd Dist. Re., Cebu) and Ramon “Red” Durano VI (5th Dist. Re., Cebu) said it was an executive prerogative to place the hotly contested area under martial rule.

6. Pablo John Garcia (Cebu): “A lot of people might want to act like experts...(but) in a crisis, we should leave it to the president to decide in accordance with the constitution."

7. Randy David, Columnist, PDI: I am more inclined to think that the sudden imposition of martial law in Maguindanao is Ms Arroyo’s way of neutralizing the fallout from her well-publicized close relationship with the Ampatuan clan. It is her way of demonstrating not just a setting aside of personal and political ties, but a radical dissociation from everything the Ampatuans have done in Mindanao. She expects martial law to erase all the images of leniency and accommodation that attended the government’s initial handling of the Ampatuan suspects in the wake of this gruesome massacre. But more than this, I think that Ms Arroyo is fully aware that this event can quickly get out of hand and re-ignite interest in the re-opening of the highly-disputed 2004 Maguindanao election returns that, according to the “Garci tapes,” ultimately gave her the presidency. Martial law gives her the breathing space she needs to deal with this risk in a more methodical way.

8. Press Secretary Cerge Remonde said the President took the "bold step" in answer to the cries for justice of the victims’ kin. "We'll have to point out to you, especially the judicial system, no judges will take the case. No judges will issue the proper search warrant and the warrants of arrest in the area, an that's part of the reason why this has to be done.''