Random Thoughts on Martial Law (P.P. No. 1959)

1. It's ironic that Senate President Juan Ponce Enrile, the person who played a major role under Marcos' Martial Law (then Secretary of the Ministry of Defense), is now one of the presiding officers in the Congress Joint Session which can revoke PGMA's Martial Law in Maguindanao.

2. In this Joint Session, two prominent sons of significant personalities in Marcos' Martial Law would (presumably) participate: Sen. Noynoy Aquino (son of Ninoy Aquino, perhaps the most vocal critic of Martial Law, and none other than Rep. Bongbong Marcos (son of Pres. Ferdinand Marcos himself).

3. We are all aware of the Martial Law regime of Pres. Ferdinand Marcos. But the late strongman wasn't the first. Pres. Jose P. Laurel declared Martial Law sometime after the Japanese rule. Furthermore, Laurel was actually the first President who later on ran (and won) for a lower position in government (senator). PGMA would be the next.

4. Proclamation 1959 erroneously referred to R.A. No. 6986, which is actually an act establishing some high school. It should have been R.A. No. 6968, which amended the provision on Rebellion under the Revised Penal Code.

5. Petitions questioning the legality of the declaration of martial law have already been filed in the Supreme Court. It is likely though that even before the high court makes a decision, PGMA would have already revoked the declaration. This is what happened in the PP 1017 state of emergency declaration and the GRP-MILF MoAD. The good news is that in both cases, the SC did not consider them "moot and academic."

6. The reason for declaring martial law was supposedly because of a "looming" rebellion. However, the Constitution (based on the Constitutional Commission deliberations) clearly requires an "actual" rebellion.

7. The danger of filing rebellion cases against the Ampatuans is that the multiple murders can be absorbed in the crime of rebellion. Moreover, not only is rebellion a lighter offense, but it is also subject to amnesty and pardon.

8. The privilege of the writ of habeas corpus was suspended in Maguindanao. This was the basis of conducting those warrantless arrests and searches within the province. But how about the arrest of Ampatuan Sr., who was forcibly taken from a hospital in Davao, which is outside Maguindanao?

9. The privilege of the writ of habeas corpus was suspended. Does it follow that the writs of amparo and habeas data are also suspended?

10. Maguindanao has been at the center of other election-related controversies in the past. In 2004, it figured well in the “Hello Garci” recordings. In 2007, it was 12-0 for the admin senatorial bets, with some opposition candidates got statistically-improbable 0 votes.