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Sunday, December 6, 2009

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".

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