Martial Law in Maguindanao: Senator Rodolfo G Biazon 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.

Thursday, December 10, 2009

Senator Rodolfo G Biazon says:

Senator Rodolfo G Biazon questioned the statement of Acting Secretary of Justice Agnes Devanadera that the declaration of Martial Law was to remove the "IMPEDIMENTS" of the usual requirements of law in pursuit of the prosecution of those responsible for the gruesome massacre of November 23 which resulted to the gruesome death of 57 people which included not only political personalities, 31 media practitioners but also several bystanders.

"When asked by a member of Congress what the necessity of the declaration of Martial Law was, Acting Secretary of Justice Agnes Devanadera pointed to what she called 'OBJECTIVES" although there was no definition of what these objectives were. It can only be assumed that this is to bring to the bar of justice the perpetrators of this gruesome massacre and dismantling of private armies."

Biazon said this "OBJECTIVE" can be attained under existing laws and through the capabilities of the law enforcement and security agencies which are the AFP and the PNP and the functioning of regular courts.

Biazon raised that the Executive Department continues to fail to provide clear answers to the following questions:

1. What was the Constitutional basis of Presidential Proclamation 1959 declaring Martial Law and suspending the writ of habeas corpus in the province of Maguindanao?

2. Was there actual rebellion in Maguindanao?

3. Was Martial Law necessary?

"Because of the compelling restrictions and limitations in the declaration and the implementation of Martial rule, the only additional power granted by the Constitution to the Executive is to suspend the writ of habeas corpus. And, even this is further limited to the application of the suspension of the writ only on persons arrested and accused of committing rebellion ."

Biazon clarified, "The Constitution further requires that a case be filed in court against these people within 72 hours and if there is no case filed, the arrested person should be automatically released."

"When I asked Secretary Devanadera the question of the purpose of the declaration of Martial Law, her answer was " TO REMOVE THE IMPEDIMENTS USUALLY REQUIRED BY THE LAW IN PURSUING THE OBJECTIVES OF THE EXECUTIVE DEPARTMENT."

Biazon concluded, "The Secretary was very evasive and did not identify any "IMPEDIMENTS" in her answers so it can only be surmised that the declaration of Martial Law was meant to circumvent some laws of the land. "

Martial Law in Maguindanao