Martial Law in 2009

Last Saturday (December 5, 2009), PGMA declared Martial Law in the province of Maguindanao and suspended the writ of habeas corpus. Immediately, arrest were made and a semblance of public safety and order was on the horizon.

The bigger question however was whether there was a sufficient cause for the declaration of martial law and that such is not just an over-reaction on the part of the executive department.

Conspiracy theorists and detractors of the president were screaming left and right that the declaration is just a prelude to a bigger declaration where the ultimate goal of placing the entire republic in a martial law is the ultimate objective and such, indirectly extends the term of PGMA.

Now before things gets muddled further, let us consult the constitution. The first sentence of Article VII, Section 18 of the 1987 Constitution states that "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..."

Now the Section, is already a mouthful and suffice it to say that in the case of Maguindanao, there is no invasion or even rebellion, hence, the proclamation of martial seems like an over-reaction.

This early, the opposition is already challenging the declaration though it seems that by the virtue of simple majority, Congress might give PGMA the legal standing that she craves. The bigger challenge however is that the same martial law declaration will also be challenged in the Supreme Court, and in this round, politics (i.e. superiority in numbers) might be defeated by a bigger argument of reason and justice.

My bigger fear is that considering that PGMA already arrested more than 60 individuals and that later on, the Supreme Court declares that there is no valid reason for the declaration of Martial Law - what happens to the arrested individuals? Will they be granted liberty right away? Freeing them might escalate the violence that PGMA was trying to avoid in the first place.

Maybe, instead of trying to justify the warrantless arrests executed by PGMA, she would be better served by filing concrete cases now to these individuals that would stand judicial scrutiny later on.

Failing to do so, would results in more violence, deaths and instability in the province of Maguindanao and by extension, the entire republic as well.