Akbayan: Martial law may be Arroyo’s way of acquitting the Ampatuans

Imposing martial law in Maguindanao and filing rebellion charges against members of the Ampatuan clan may serve as smokescreen to acquit the powerful family blamed for masterminding the brutal killing of at least 57 people in the province two weeks ago. Amid the mounting criticism on President Gloria Macapagal Arroyo’s declaration of Proclamation No. 1959, the Akbayan party-list on Sunday alleged that classifying the Ampatuans as “rebels" would only hamper their prosecution in connection with the massacre case. “Hindi sila (Ampatuans) rebels. Sila ay warlords na matagal nang ka-alyado ng Pangulong Arroyo (They are not rebels. They are warlords that have long been allied with President Arroyo," said Akbayan president Ronald Llamas at a press conference in Quezon City. Malacañang, for its part, denied that the government is "elevating" the status of the Ampatuans by slapping them with rebellion charges. "The allegation is highly-speculative, almost irresponsible, and has no basis," Press Secretary Cerge Remonde said in a press conference. On Saturday, Justice Sec. Agnes Devanadera said they are preparing to file rebellion charges against members of the Ampatuan family being linked to the killings. The rebellion charges are on top of the multiple murder charges the Ampatuans are facing. Under government custody are clan patriarch Andal Ampatuan Sr. and his sons: Datu Unsay, Maguindanao Mayor Andal Ampatuan Jr., Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, acting Maguindanao Gov. Sajid Ampatuan and Shariff Aguak mayor Anwar Ampatuan. “We did not see them plotting against the government, we saw the deed done. Our evidence is strong. This was not an ordinary disorder. It had an armed component; the elements of rebellion are there. Allegiance or loyalty to the Republic had been removed," Devanadera said. Off the hook? Last Friday night, President Arroyo placed Maguindanao under martial law on the grounds that armed groups have established positions to resist government forces, clipping the Executive of its powers to enforce laws. Devanadera likewise said a “looming rebellion" was the basis for the declaration. However, lawyer Barry Gutierrez, University of the Philippines law professor and Akbayan’s legal counsel, said the declaration could be a way of ridding the Ampatuans of blame. He said that should the Supreme Court revoke Proclamation No. 1959 and rule there was no rebellion, then the Ampatuans – who are now branded as "rebels" – would then be off the hook. “This may possibly lead to the acquittal (of Ampatuans) because wala silang culpability, as a result of an invalid declaration," Gutierrrez said of the scenario that could take place should the high court strike down the declaration of martial law. 1972: Part 2? The lawyer likewise said a “looming rebellion" is not a sufficient basis for declaring martial law. Section 18 of the 1987 constitution provides that “In case of invasion or rebellion, when the public safety requires it, (the President) 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. Gutierrez said that “the mere threat of rebellion, without an actual armed uprising, cannot be a valid justification for declaring martial law or suspending the privilege of the writ." The 1935 and the 1973 Constitutions allowed for the imposition of martial law should there be “invasion, rebellion, or imminent danger thereof." But Gutierrez said that drafters of the 1987 Charter removed the “imminent danger" clause and clearly limited the conditions for the declaration of martial law to just “invasion or rebellion" to avoid a repeat of martial rule under former President Ferdinand Marcos, who placed the country on martial rule in 1972 on the grounds that threats of Communist insurgencies are present. Calling for joint Congress session In Sunday’s press conference, Akbayan Rep. Walden Bello also said that on Monday morning, they would file a resolution convening Congress in joint session, despite the reluctance of House Speaker Prospero Nograles to hold one. “Akbayan is planning to file a joint resolution calling on Congress to convene so it can discharge its duty to deliberate and to vote whether or not to revoke (the declaration of martial law)," Gutierrez said. According to Bello, Akbayan would file the resolution despite news reports that the Senate and the House would hold special joint session on Tuesday afternoon. Section 18 of the 1987 Constitution states that “Congress, voting jointly, by a vote of at least a majority of all its members in a regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President." The same section also provides that, "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." Last Saturday, Nograles – President Arroyo’s known ally – said he does not see the need for a joint session if the opinion reached by majority of the lawmakers is to approve the declaration of martial rule. “If the consensus is that we approve it, I think there is no need for a session to approve the declaration of martial law...If we revoke it, then we need a joint session and 147 votes, the simple majority of both the House and the Senate," Nograles said. He also said that Congress should "meet only if we intend to revoke the declaration of martial law." But Akbayan assailed Nograles for his “logically-flawed arguments." Bello questioned how Nograles could conclude that there was already a consensus among lawmakers when they have not yet convened in a session yet? “Speaker Nograles is the greatest threat to the independence of Congress, and now he has put up these procedural obstacles," Bello said. “Saang Facebook poll galing yung most of Congress approve of it (martial law)?" GMANews.TV tried to contact the House Speaker for comments, but he could not be reached as of posting time. - LBG, GMANews.TV