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–Atty. Theodore Te, UP College of Law

Which part of “Never Again” did you fail to understand?

The decretal portion of Proc 1959, as read by the Executive Secretary:

THEREFORE, I, GLORIA MACAPAGAL-ARROYO, PRESIDENT OF RP, 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 HOSTLITIES.

SEC. 2 – THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS WILL LIKEWISE BE SUSPENDED IN THE SAID AREAS FOR THE DURATION OF THE STATE OF MARTIAL LAW.

DONE IN THE CITY OF MANILA, THIS 4TH DAY OF DECEMEBER, 2009. SIGNED, GLORIA M. ARROYO.

What is immediately apparent is that there is no period specified and none of the grounds in the Constitution would fit–unless these grounds are yet to happen according to good old military inteligence.

Meantime, it is left to both Houses of Congress–this time clearly voting jointly (ehem ehem ehem, can you say “cha cha” as well as “choo choo”?)–and the 93% Gloria-appointed Court to decide on this issue.

————
The relevant portion of the 1987 Constitution (which, if you put side by side with the proclamation, will clearly show the infirmity of the declaration) —

“ART. VI, SECTION 18. 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. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

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