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Senators to Arroyo: No invasion, no rebellion, why martial law?


What the Constitution says about martial law

Section 18 of the 1987 Constitution states that: * The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. *In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding 60 days, suspend the writ of habeas corpus or place the Philippines or any part thereof under martial law. *Within 48 hours from the proclamation of martial law or the suspension of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. *The Congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. *Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
Overkill. This was how senators described President Gloria Macapagal Arroyo's move of imposing martial law in Maguindanao, almost two weeks after 57 people were massacred in the province allegedly by the Ampatuans and their gunmen. Senators Francis Escudero, Francis Pangilinan, and Benigno Simeon "Noynoy" Aquino are one in saying that the situation in Maguindanao does not merit the imposition of martial rule because there is neither invasion nor rebellion in the area. "These are not obviously present in Maguindanao," Escudero said in a press statement released on Saturday. "The current state of emergency would have sufficed to address the clamor for justice for the massacre victims ans restore the rule of law in the province." Escudero also assailed the appointment of Armed Forces Eastern Mindanao commander Lt. Gen. Raymundo Ferrer as military governor of the province, saying he could not remember at any time in his life that a military commander was asked to take over a civilian elective post. The administration earlier claimed that rebellion was brewing in Maguindanao. Justice Secretary Agnes Devanadera said that according to police and military reports, groups of armed men supporting the Ampatuans were massing in the province. Pangilinan, however, does not believe in the administration's claim. He said Mrs. Arroyo should immediately take back the declaration because all key personalities linked to the November 23 killings are already under police custody. "The factual basis for a martial law declaration therefore appears to be nonexistent. The Maguindanao massacre is a case of multiple murder involving local government officials loyal to Arroyo. It is clear that invasion or rebellion are the only grounds for a declaration of martial law," said Pangilinan in a text message to GMANews.TV on Saturday. For his part, Aquino said the people must ask Malacañang to explain the circumstances that led Mrs. Arroyo to impose martial law. He said the President must also be asked on how she intends to use the vast powers under a martial rule and for how long does she intend to implement it. "The rule of law must prevail, constitutional processes must prevail. The courts cannot be abolished there or elsewhere. The President of the Philippines remains accountable not only to the Congress of the Philippines, but to the people of the Philippines for taking this extraordinary course," he said in a statement. - AMITA O. LEGASPI, JHU/ARCS, GMANews.TV
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