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Martial Law

December 7, 2009

Maguindanao under Martial Law.

The so-called Freedom Constitution, crafted after the 1986 people power revolution and ratified in 1987, was designed to prevent a repeat of the abuse of executive power, as Ferdinand Marcos did in imposing martial law. The new Constitution did not eliminate the power to impose martial law despite the abuses of the dictatorship, because when properly wielded, this power can achieve certain objectives for the greater good.

When this matter tackles in the Congress - the martial law proclamation of President Arroyo, and if ever the Supreme Court is asked to rule on its constitutionality, members of the two branches of government must remember that they will be setting a precedent of all President for the use of one of the most potent powers of the executive.

The rebellion in Maguindanao was not actual but imminent, according to the government, which raises questions about the validity of the martial law proclamation. The alleged rebellion loomed after the massacre, and the indictment should simply be added, if warranted, to the cases of kidnapping and multiple murder against the Ampatuan family members who are accused of planning and implementing the massacre.

 

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