Press Release
December 7, 2009

LEGAL BOOBOO IN PROCLAMATION CAUSED BY RUSH
TO JUSTIFY MARTIAL LAW - CHIZ

The rush to justify the imposition of martial law in Maguindanao led to the legal booboo in the proclamation and should not be taken lightly, opposition Sen. Chiz Escudero said yesterday.

"Republic Act 6986 cited in Proclamation 1956 as basis for the definition of rebellion is a law that creates a high school in barangay Dulop, Dumingag, in Zamboanga del Sur. It reflects the sloppy legal work done on this legal fiasco," said the 40-year-old Escudero, a former law teacher at the College of Law of the University of the Philippines.

"From now on, we will have to check every pronouncement from the Palace to make sure that everything is in lawful order. In this case, however, any correction by the justice secretary will not cure what is patently, at the very least, an error of judgment on the part of the Palace," he said.

The Palace has said that it should be ACT 3815 (Revised Penal Code) as amended by RA 6968 that should have been cited to define the acts of rebellion, sedition, and disloyalty. Escudero reiterated his position that the constitution empowers the President to call out the armed force to quell lawless violence without declaring martial law. It is only in case of invasion or rebellion, and when the public safety requires it, that martial can be invoked by the President, he pointed out.

He suggested once more that what could have triggered the declaration was the discovery of arms caches and purported documents that could prove electoral fraud in the 2004 and 2007 elections.

"Is this an attempt to cover-up what could very well be the smoking gun linking this administration to the manipulation of the results of the past two elections and the illegal sale of government firearms and ammunition to private armies?" asked Escudero.

"These questions will have be answered in the joint session of Congress," he said.

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