An iron is an element characterized by its being hard but malleable when exposed to high temperature, and if the temperature is too high this iron will melt. At some points, this is how I describe most militant groups; ironic in their principles and modus operandi.
I mean ironic because they want changes and reforms but hesitant to submit themselves even to the least solutions our government is imposing in solving its issues and problems. The present Maguindanao scenario is a condition that requires tough decesion. I agree with Speaker Nograles when he said, "the issuance of Proclamation 1959 will help the executive department to effectively restore the functions of the local government units in the province of Maguindanao and to preserve and restore public order and safety.” In other words, Proclamation 1959 is but proper for the moment. It is up the Congress to revoke it or not as long as peace and order will be restored otherwise more escalations will happen.
Let us see the other news: "Ampatuan loyalists clash with police". Is this a situation that can be handled by the civilians alone? And then the other news: "Solon also urges martial law in Lanao del Norte". What do you think makes a local executive believes that martial law is necessary in his jurisdictions? Is there a rebellion going on in Lanao del Norte? None! But the condition is a situation where the only solution is the deployment of military forces into the area.
We may not be experts in jurisprudence but the simpliest logic can be applied even in the biggest and more complex situations. Besides, laws of man are made by man alone and the only perfect law that cannot be revised is the Divine Law. Perhaps there is the need to expand the scope and/or conditions when and only when the rule of miltary law will be applied.
Monday, December 7, 2009
Sunday, December 6, 2009
A Preemptive Measure: The Ampatuan's Case (Part 2)
Sometimes I keep on thinking how other Filipinos think and have this sudden outburst of emotion believing what they have in mind is the only idea that has weight and must be heard. Some are even unconsciouss what they are saying are just nonsense ramdom noises without basis.
Look at these statements:
1. The Alliance of Concerned Teachers (ACT) leader said they were “one with the public in demanding justice for the victims of the Ampatuans. However, we cannot allow Malacanang to use our outrage at the massacre to justify this dangerous and unconstitutional declaration of martial law.”
*The constitutionality of the declaration of martial law will only be determined during the Congress' special session which is scheduled Tuesday, December 8. For now, these people should not be overacting like the President is always on the wrong track. Besides, there is the legislative or the judicial branch watching over this corner of the government.
2. The Tayo ang Pag-asa Youth Movement (TPYM), meanwhile, described the martial law proclamation as “dangerous, needless and self-serving.”
*What makes the martial law "dangerous, needless and self-serving” in the present scenario in Maguindanao? Can you say it is "dangerous and needless" if the purpose is to prevent more escalations and protect more lives? Can you say it is "self-serving" if it is for the security of the Maguindanao people and not for the "self-interest" of the President? My friends, please do not jump to a conclussion.
3. TPYM spokesperson Alvin Peters said the move exposed the government's “misguided propensity to present a military solution when what is needed is to strengthen civilian institutions such as the courts and the media.”
*How can you apply the rules of court if the case cannot be brought to the court? How can you convict a felon if there is no court? In other words, before you can construct your house in your own lot you have to clear first the trees and rubbishes. And who are those victims if not those innocent civilians and some mediamen and lawyers.
4. Alvin Peters reminded the administration that the Maguindanao case was “not an invasion nor a rebellion.”
*Although the 1987 Philippine Constitution allows martial law only in the cases of invasion or rebellion, the "lawlessness" situation is already reasonable for the rule of law to prevail. Perhaps, we should subscribe to the Machiavellian principles sometimes.
5. Proclamation 1959 is an “invitation for more violence and sets a dangerous precedent as it weakens civilian institutions. Instead, it provides special powers to the military and the police, both of which have poor records in upholding civil liberties,” Alvin Peters added.
*In situations like this we must put our trust to the military and the police. Of course, it weakens civilian institutions because it is "martial law (military rule). This can only be an "invitation for more violence" if those who are pretending to be more intellegent and above the law will not submit their rights for the greater good.
6.The League of Filipino Students warned the martial law declaration in Maguindanao “may be the prelude towards a failure of elections in the country.”
*Perhaps we Filipinos are intellegent enough not to let the Marcos era be here again. Maguindanao is just a small area in the Philippines and I believe there are the Legislative and Judicial Branches ready to guard our constitutional rights.
I suppose these are enough for now. For more of these smile-triggering statements, please click here.
Look at these statements:
1. The Alliance of Concerned Teachers (ACT) leader said they were “one with the public in demanding justice for the victims of the Ampatuans. However, we cannot allow Malacanang to use our outrage at the massacre to justify this dangerous and unconstitutional declaration of martial law.”
*The constitutionality of the declaration of martial law will only be determined during the Congress' special session which is scheduled Tuesday, December 8. For now, these people should not be overacting like the President is always on the wrong track. Besides, there is the legislative or the judicial branch watching over this corner of the government.
2. The Tayo ang Pag-asa Youth Movement (TPYM), meanwhile, described the martial law proclamation as “dangerous, needless and self-serving.”
*What makes the martial law "dangerous, needless and self-serving” in the present scenario in Maguindanao? Can you say it is "dangerous and needless" if the purpose is to prevent more escalations and protect more lives? Can you say it is "self-serving" if it is for the security of the Maguindanao people and not for the "self-interest" of the President? My friends, please do not jump to a conclussion.
3. TPYM spokesperson Alvin Peters said the move exposed the government's “misguided propensity to present a military solution when what is needed is to strengthen civilian institutions such as the courts and the media.”
*How can you apply the rules of court if the case cannot be brought to the court? How can you convict a felon if there is no court? In other words, before you can construct your house in your own lot you have to clear first the trees and rubbishes. And who are those victims if not those innocent civilians and some mediamen and lawyers.
4. Alvin Peters reminded the administration that the Maguindanao case was “not an invasion nor a rebellion.”
*Although the 1987 Philippine Constitution allows martial law only in the cases of invasion or rebellion, the "lawlessness" situation is already reasonable for the rule of law to prevail. Perhaps, we should subscribe to the Machiavellian principles sometimes.
5. Proclamation 1959 is an “invitation for more violence and sets a dangerous precedent as it weakens civilian institutions. Instead, it provides special powers to the military and the police, both of which have poor records in upholding civil liberties,” Alvin Peters added.
*In situations like this we must put our trust to the military and the police. Of course, it weakens civilian institutions because it is "martial law (military rule). This can only be an "invitation for more violence" if those who are pretending to be more intellegent and above the law will not submit their rights for the greater good.
6.The League of Filipino Students warned the martial law declaration in Maguindanao “may be the prelude towards a failure of elections in the country.”
*Perhaps we Filipinos are intellegent enough not to let the Marcos era be here again. Maguindanao is just a small area in the Philippines and I believe there are the Legislative and Judicial Branches ready to guard our constitutional rights.
I suppose these are enough for now. For more of these smile-triggering statements, please click here.
A Preemptive Measure: The Ampatuan's Case
This is addressed to those militant groups who staged and are staging demonstrations denouncing the action of the President in putting Maguindanao under martial law.
Do you know what a "first aid" is? My reference says: "first aid is the provision of initial care for an illness or injury. Or, better yet let me ask you this: Do you know how to apply a first aid?
Philippine President Gloria Macapagal-Arroyo's decision of military rule in the entire province of Maguidanao following the gruesome massacre of 57 innocent people masterminded by the Ampatuans must be treated as a crucial but a proper move a president had done to prevent more possible escalations that may put other lives in danger. This is an executive prerogative and constitutional, and I quote:
"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." (Section 18, Article VII, 1987 Constitution).
Now, let us examine and interpret each phrase so we can understand further what this provision expresses.
1) "...whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion." Is there a rebellion or an invasion? None. Is there a lawless violence? Yes, there was. (Should we wait for another "is"?)
2) "In case of invasion or rebellion, when the public safety requires it..." Is there an invasion or rebellion? None. Must the safety of the people be protected? Yes.
3) "...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." Does it already exceeds 60 days from the date of the proclamation? Not yet. (Still reasonable and Constitutional).
4) "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." I think the President did this. (She is the President and she knows what she is doing).
5) "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." This is scheduled on Tuesday, December 8, so let's just wait and see.
I knew some militant groups who are good only in riding with issues and triggering noise barrage but left nothing in their track records other than thick logbooks of memberships and fees collected for their "fattened" legal counsels. Why not devote their times for public services such as reforestation activities, medical-dental services, and the like, rather than pretending to be "heroes" or the "only people" with critical thinking.
We knew how our politicians and leaders' calibers and we knew their good track records although sometimes we are left frustrated with many problems and issues our country is facing but "let the wheels move on to the right track" and "let the players do the playings".
Do you know what a "first aid" is? My reference says: "first aid is the provision of initial care for an illness or injury. Or, better yet let me ask you this: Do you know how to apply a first aid?
Philippine President Gloria Macapagal-Arroyo's decision of military rule in the entire province of Maguidanao following the gruesome massacre of 57 innocent people masterminded by the Ampatuans must be treated as a crucial but a proper move a president had done to prevent more possible escalations that may put other lives in danger. This is an executive prerogative and constitutional, and I quote:
"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." (Section 18, Article VII, 1987 Constitution).
Now, let us examine and interpret each phrase so we can understand further what this provision expresses.
1) "...whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion." Is there a rebellion or an invasion? None. Is there a lawless violence? Yes, there was. (Should we wait for another "is"?)
2) "In case of invasion or rebellion, when the public safety requires it..." Is there an invasion or rebellion? None. Must the safety of the people be protected? Yes.
3) "...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." Does it already exceeds 60 days from the date of the proclamation? Not yet. (Still reasonable and Constitutional).
4) "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." I think the President did this. (She is the President and she knows what she is doing).
5) "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." This is scheduled on Tuesday, December 8, so let's just wait and see.
I knew some militant groups who are good only in riding with issues and triggering noise barrage but left nothing in their track records other than thick logbooks of memberships and fees collected for their "fattened" legal counsels. Why not devote their times for public services such as reforestation activities, medical-dental services, and the like, rather than pretending to be "heroes" or the "only people" with critical thinking.
We knew how our politicians and leaders' calibers and we knew their good track records although sometimes we are left frustrated with many problems and issues our country is facing but "let the wheels move on to the right track" and "let the players do the playings".
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