Lawyers to question martial law imposition before SC

(UPDATE 2 - 12:11 am, December 6, 2009) Past presidents think President Gloria Macapagal Arroyo is overacting. Many lawmakers also say that her move is an overkill. And now, human rights lawyers claim that the decision of the chief executive to impose martial law in Maguindanao is not only unconstitutional, but could also violate civil liberties, and thus should be challenged in court. Human rights lawyers under the non-government Center for International Law (CenterLaw) are set to file at the Supreme Court on Monday a petition questioning Mrs. Arroyo's declaration of martial law in Maguindanao, where 57 people were massacred allegedly by the Ampatuans and their gunmen. Lawyer Harry Roque, chairperson of CenterLaw, said Mrs. Arroyo's move was unconstitutional because the Charter only allows the imposition of martial rule if the country is facing rebellion or invasion, and not a crime that can be considered as a mere "police matter." “The Constitution limits the ground (to declare martial law) to rebellion and invasion. None of these grounds are existent," said Roque in a text message to GMANews.TV, referring to Article VII, Section 18 of the 1987 Constitution. [See Arguments and counterarguments on Arroyo’s imposition of martial law in Maguindanao ] Roque likewise urged the public to be vigilant on the "real motives" of declaring martial law almost two weeks after the November 23 massacre, which he said was "merely a local police matter." “We call on the citizenry to be vigilant for the defense of their civil liberties," he said. Subject to abuse, misinterpretation Another human rights lawyer, Jose Manuel Diokno, said Mrs. Arroyo's declaration could be "abused" and "misinterpreted," especially in carrying out warrantless arrests. "Kung arrest 'yan, it must comply with all the legal requirements for a lawful arrest. Eh maaring maging shortcut na lang 'yan, sabihin nila hindi naman arestado 'yan, kasi invited lang naman. And then they will no longer the standards needed for proper warrantless arrest," said Diokno. (If it's an arrest, it must comply with all the legal requirements for a lawful arrest. But it could be shortcut and say that the person was not arrested but was just invited. And then they will no longer the standards needed for proper warrantless arrest.) Constitutionalist Christian Monsod shares Roque's view. The government’s basis for the proclamation of martial law is weak and inconsistent with constitutional provisions, according to Monsod. “Their reason they said, which is (to prevent an impending rebellion)-- that is not a ground for declaring martial law. That is a ground for calling the Armed Forces, which the President has already done under the powers of a commander-in-chief," said Monsod, who was part of the commission that drafted the 1987 Constitution. “I think that they should be very careful to proclaim martial law when merely exercising the powers of the president as commander-in-chief is sufficient," he added.
For the latest Philippine news stories and videos, visit GMANews.TV 'Subservient' House Lawyer Marvic Leonen, dean of the University of the Philippines College of Law, said Mrs. Arroyo's move could set a "dangerous precedent." “When you have a subservient House that does not even have want to exercise its right power to check and balance the extraordinary power of the president, then we are in trouble," said Leonen. On Saturday, Speaker Prospero Nograles expressed reluctance to hold a joint congressional session to tackle the imposition of martial law. He said there would be no need to convene members of the House and the Senate if the consensus is to approve Mrs. Arroyo's move. [See Nograles: No need for joint session to tackle martial law ] Earlier, former President Joseph Estrada said the declaration of martial law was not necessary to bring back peace and order in Maguindanao. He said that back in 2000 his administration was able to overrun 46 rebel camps, including the Moro Islamic Liberation Front's Camp Abubakar in Mindanao without the need to declare martial law. [See Erap: Martial law in Maguindanao not necessary] Former President Fidel Ramos also thinks that the imposition was unnecessary, and in fact an "overreaction" to the situation in Maguindanao. Senators led by Francis Escudero, Francis Pangilinan, Benigno Simeon Aquino, Manuel Roxas II, Loren Legarda, and Jamby Madrigal had also aired their opposition to the move of Mrs. Arroyo. [See Congressmen praise, but senators assail martial law] - GMANews.TV