Saturday, December 05, 2009

Maguindanao under Martial Law

After the events of the Maguindanao Massacre, things heated up in Maguindanao. President Gloria Macapagal Arroyo declared martial law there to ease the tension and place the military under control. With the imposition of martial law, the military will now temporarily take over in running the provincial government so it can pave the way for the arrest of the Ampatuan political clan who were charged before hand. Mixed reactions circulated around the net as whether this is a right thing to do or the president is just being hasty. Some say it was too late to declare this as lives were already sacrificed. Is this move a precursor of what things to come in our country? Remember, President Marcos orchestrated a series of unrest so he can declare the country under martial law. Are we seeing history repeats itself? God..please save our country

Here is the full text of President Arroyo’s declaration placing Maguindanao under martial law:

PROCLAMATION NO. 1959

PROCLAIMING A STATE OF MARTIAL LAW AND
SUSPENDING THE PRIVILEGE OF THE WRIT OF
HABEAS CORPUS IN THE PROVINCE OF
MAGUINDANAO, EXCEPT FOR CERTAIN AREAS

WHEREAS, Proclamation 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas;

WHEREAS, Section 18 , Article VII of the Constitution provides that ” x x x In case of invasion or rebellion, when the public safety so requires it, (the President) 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, x x x “

WHEREAS, R.A. No. 6986 provides that the crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of xxx depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”

WHEREAS, heavily armed groups in the province of Maguindanao have established positions to resist government troops, thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety;

WHEREAS, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that the local judicial system and other government mechanisms in the province are not functioning, thus endangering public safety;

WHEREAS, the Implementing Operational Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities dated 14 November 1997 provides the following is considered a prohibited act: ” x x x establishment of checkpoints except those necessary for the GRP’s enforcement and maintainance of peace and order; and for the defense and security of the MILF in their identified areas, as jointly determined by the GRP and the MILF, x x x “

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:

SECTION 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.

SECTION 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.

GLORIA MACAPAGAL ARROYO

By the President:

EDUARDO R. ERMITA
Executive Secretary

No comments: