Senate OKs reso declaring martial law unconstitutional

(Updated 12 noon) The Senate on Monday morning passed a resolution expressing its disapproval of President Gloria Macapagal-Arroyo’s martial law declaration in Maguindanao province in southern Philippines, saying the edict was unconstitutional. Seventeen senators had signed Resolution 1522 last week, before both houses of Congress convened a joint session for debates on the martial law proclamation. Malacañang lifted the declaration on Saturday night after eight days of protests and before lawmakers could rule on it. During the morning session, Senate Majority Leader Juan Miguel Zubiri announced he would be the 18th senator to sign the resolution. Interviewed earlier in the day, Zubiri stressed the importance of approving the resolution even if Malacañang had lifted Proclamation 1959, which placed most of Maguindanao province under martial rule. "That is the sense of every member of the Senate, that the calling of martial law at that time was done unconstitutionally," said Zubiri, an administration ally. The others who signed the resolution were Senators Francis Pangilinan, Benigno Simeon Aquino III, Manuel Roxas II, Alan Peter Cayetano, Pilar Juliana Cayetano, Loren Legarda, Rodolfo Biazon, Francis Escudero, Panfilo Lacson, Ma. Ana. Consuelo "Jamby" Madrigal, Miriam Defensor Santiago, Gregorio Honasan II, Richard Gordon, Manuel Villar Jr., Antonio Trillanes IV, Senate Minority Leader Aquilino Pimentel Jr and Senate Pro Tempore Jose ‘Jinggoy’ Estrada.
The lawmakers said the reasons cited by President Arroyo in justifying martial rule in Maguindanao did not exist. The resolution noted that one of the justifications cited by the Palace was that heavily armed groups in Maguindanao had established positions to resist government troops, depriving the Executive of its powers to enforce the law and maintain public order. The Palace had also claimed that since parts of Maguindanao were placed under a state of emergency on November 24, peace and order in the province had deteriorated, and that the judicial system was no longer functioning. However, the Supreme Court said the justice system in the province was functioning and the cases involving the Maguindanao massacre filed before a Cotabato court were moving forward. The high tribunal further also said a Kidapawan regional trial court had issued search warrants paving the way for the raid of houses owned by the Ampatuan family, the main suspects in the bloodbath that killed 57 persons. "The justification of martial law on the basis that the local judicial system was no longer functioning was devoid of merit," the Senate said in the resolution Not a basis for martial law declaration It also cited the 1987 Constitution, which states that martial law may be declared only if there is invasion and rebellion. "Imminent danger of a rebellion is no longer a basis for the declaration of martial law," it said. The resolution stated that rebellion or insurrection is committed by taking arms against the government and "it is without doubt that there is no rebellion in the province." "The argument that the proclamation of martial law was imposed in an effort to quell a 'looming' rebellion is untenable," the senators who signed the document said. "The proclamation of martial law cannot be justified on the basis of a threatened or imminent danger of rebellion," they added. In a separate interview also on Monday morning, Senate President Juan Ponce Enrile said the Senate and the House of Representatives, would adjourn later in the day the joint session reviewing the martial law proclamation. He said lawmakers would be allowed to say their piece about the Palace order, but would no longer vote on Proclamation 1959. "They can express their opinion, but to act on a matter either to sustain it [or] if we take the reverse [position] — if we allow [martial law] to continue, what is there to allow to continue? If we are going to revoke it, what is there to revoke?" Enrile asked. He added that he would not force his fellow senators to attend the adjournment of the joint session since termination of the session requires only the presence of the Senate president and House Speaker. "I leave it to the individual judgment of the senators... I will not shepherd them like a pastor," Enrile said, adding that he and House Speaker Prospero Nograles could adjourn the session. — RSJ/NPA, GMANews.TV