Martial Law in Maguindanao: 1987 Charter says:

Martial Law in Maguindanao

Now, therefore I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby proclaim as follows:

Sec. 1: There is hereby declared a state of martial law in the province of Maguindanao except for the identified areas of the Moro Islamic Liberation Front as referred to in the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities.

Sec. 2: The privilege of the writ of habeas corpus shall likewise be suspended in the aforesaid area for the duration of the state of martial law.

Done in the City of Manila this 4th day of December in the Year of Our Lord, Two Thousand and Nine.

(Originally Signed)

Gloria M. Arroyo

By the President:

(Originally Signed)

Eduardo Ermita
Executive Secretary

Congress in Joint Session

House Speaker Prospero C. Nograles and Senate President Juan Ponce Enrile jointly preside over the historic opening of the joint session of Congress at the Batasan Pambansa solely convened to tackle Presidential Proclamation No. 1959 declaring Martial Law in the province of Maguindanao, following the gruesome and brutal killing of more than 50 people including more than a dozen members of the media. The ongoing joint session will vote on whether to concur or revoke the presidential edict. Shown are Senators and Congressmen listening intently during plenary proceedings of Congress which converted itself into a "committee of the whole" to allow members of the President's Cabinet, led by Executive Secretary Eduardo Ermita, Justice Secretary Agnes Devanadera, and DILG Secretary Ronaldo Puno, to explain and answer all queries raised in plenary to justify the presidential proclamation.

Saturday, December 5, 2009

1987 Charter says:

Under the 1987 Constitution, the declaration of martial law will suspend the writ of habeas corpus, which means some citizens may be arrested without warrants.

Section 18 of the Charter states: "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 sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law."

However, the suspension of the writ of habeas corpus only applies to persons charged for "rebellion" or offenses connected with an invasion.

"The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion," the Constitution also says.

It also adds: "During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."

Martial Law in Maguindanao