Martial Law: The Ampatuans' Case

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Do you think President Arroyo's move in putting the entire Maguindanao Province under the miltary law constitutional?

I believe it is. Section 18, Article VII, of the 1987 Philippine Constitution states: "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."

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." Did 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.

For now, the imposition of martial law is constitutional and it is up to the Congress and the Supreme Court to confer or revoke it.