Petitions vs martial law filed; solons vote

SEVERAL petitions seeking to declare unconstitutional  President Arroyo’s declaration of martial law in Maguindanao were filed before the Supreme Court (SC) on Monday.

The petitions were filed by lawyer Philip Sigfrid Fortun and a certain Albert Lee Angeles; Puwersa ng Masang Pilipino Rep. Didagen Dilangalen of Maguindanao; human-rights advocates belonging to the National Union of People’s Lawyers (NUPL) and party-list groups Bayan Muna, Gabriela and Bagong Alyansang Makabayan (Bayan); former senator Jovito Salonga; and several lawyers led by University of the Philippines (UP) law professor Harry Roque and law student Joseph Nelson Loyola.

The petitioners are seeking the Court’s issuance of a temporary restraining order (TRO) against the enforcement of martial law in Maguindanao.

18 senators reject ‘overkill’

At least 18 of 23 senators are set to vote against Malacañang’s “overkill” edict imposing martial law in Maguindanao, purportedly to go after multiple-murder suspects behind the massacre of 57 persons, including lawyers and journalists in Ampatuan town.

Emerging from a closed-door caucus on Monday, proadministration and opposition senators confirmed they were firming up a consensus rejecting the “flawed” Presidential Proclamation 1959 when it is put to a vote in their joint session with the 230-man House of Representatives at the Batasan Complex on Tuesday afternoon.

This, even as the senators conceded in separate interviews that their consensus could add up to nothing because the two chambers would be voting jointly.

“I am voting to revoke [Proclamation 1959] even if I am an administration ally because the President has sufficient powers to deal with the situation in Maguindanao,” Sen. Miriam Santiago told reporters, adding that under the Constitution the President can only declare martial law if there is rebellion or an invasion.

She explained that rebellion means taking up arms against the government. “Have you seen news footage of anyone in Maguindanao taking up arms or acquiring part of the Philippine territory?” Santiago said there is “something wrong” with the administration officials who advised President Arroyo to impose martial law. “They are seeing ghosts … there is no reality with the facts as they exist today.”

Aside from Santiago,  those who signified their intentions to vote against Proclamation 1959 include: Senate President Pro Tempore Jinggoy Estrada, Majority Leader Juan Miguel Zubiri, Minority Leader Aquilino Pimentel and Senators Francis Escudero, Loren Legarda, Benigno Aquino III, Rodolfo Biazon, Alan Cayetano, Pia Cayetano, Richard Gordon, Gregorio Honasan, Panfilo Lacson, Jamby Madrigal, Francis Pangilinan, Mar Roxas II, Antonio Trillanes IV and Manuel Villar.

Senate President Juan Ponce Enrile said he talked briefly on Monday with Speaker Prospero Nograles who confirmed they would convene the joint session at 4 p.m. on Tuesday.

In the same interview, Enrile indicated that one day may not be enough to review the martial-law edict in the joint session where lawmakers are expected to grill  executive officials on the basis for the proclamation. “It is not a one-day affair,” he said even as Enrile declined to comment when asked how he viewed the Palace order.

Rebellion raps vs 24

This developed as Justice Secretary Agnes Devanadera said the National Police has already filed a formal complaint for rebellion against 24 individuals including former Maguindanao Gov. Andal Ampatuan Sr. and Autonomous Region in Muslim Mindanao (ARMM) Gov. Datu Zaldy Ampatuan.

Devanadera said a panel of prosecutors led by Senior State Prosecutor Leo Dacera is still conducting inquest proceedings to determine whether there is probable cause to file rebellion charges against them before the trial court.

“The prosecutors are still conducting inquest proceedings. I don’t want to preempt their findings. If the evidence would warrant the filing of a case then we will file it , if not then they will be released,” she said.

The prosecutors have three days or until Tuesday to “judicially charge” those persons arrested during the implementation of martial law.

SC en banc session

Meanwhile, SC spokesman Jose Midas Marquez said all petitions relating to the Maguindanao incident would be discussed by the SC during its regular en banc session on Tuesday.

“So far, we have received petition from [Congressman] Dilangalen. It will be included in tomorrow’s agenda of the Court en banc. We will try to include all others in tomorrow’s agenda as well. Most probably, these will all be consolidated,” Marquez said.

Aside from the petitions seeking the lifting of Proclamation 1959, the other issues to be tackled by the SC are the petitions filed by  ARMM Gov. Datu Zaldy Ampatuan and other ARMM officials seeking to enjoin government authorities from taking control of the region and suspending local officials and employees accused of having involvement in the so-called Maguindanao massacre; the petition of the Ampatuans seeking the issuance of TRO to enjoin authorities from arresting them without a warrant; and the motion of the Department of Justice (DOJ) seeking the transfer of the court proceedings involving the Maguindanao massacre to any court in Metro Manila.

In his petition, Fortun, a lawyer for the Ampatuans, argued that the declaration of martial law has no factual basis as there is no actual rebellion or invasion, and that the local judicial system that has jurisdiction over Maguindanao is fully operational, contrary to the claim of Devanadera.

Fortun insisted that even imminent danger of rebellion does not exist in Maguindanao, considering that the government has assured that it has full control of the situation following the declaration of a state of emergency and the corresponding takeover of ARMM by national government authorities.

Fortun also noted that the Ampatuans had already signified willingness to cooperate with authorities in connection with the massacre of 57 civilians, including 30 journalists.

On the other hand, the NUPL and its copetitioners argued that government claim that  heavily armed groups have established positions in some areas in Maguindanao has not been confirmed by other sources except the military and executive officials.

Salonga’s group maintained that the President abused her discretion in declaring martial in Maguindanao considering that the Maguindanao massacre is a police matter already addressed by her declaration of a state of emergency over the province.

Arroyo submitted to Congress on Sunday night her report on the declaration of martial law in Maguindanao.