Press Release
December 9, 2009

Recall The Proclamation of Martial Law

Senator Rodolfo G Biazon today said he is recommending to the President, the recall of Presidential Proclamation 1959 declaring Martial Law and suspending the privilege of the writ of habeas corpus in Maguindanao to eliminate the possibility of a Constitutional crisis resulting from a confrontation between the Executive and Legislative branches of government.

"In addition to the debate on sufficiency of the factual basis to justify the declaration of Martial law and the suspension of the writ of habeas corpus, the other main concern which is supposed to be resolved by Congress in joint session is that the powers to be exercised by the Martial Law Administrator in Maguindanao has yet to be established. "

"The common perception that Martial Law grants almost absolute power to the Martial Law Administrator has a chilling effect on the populace, not only of Maguindanao but of the whole country. "

Biazon stressed that the 1987 Constitution provides safeguards in the form of extensive restrictions and limitations in the administration of Martial Law.

Biazon cited that these limitations include the following:

1. A state of Martial law does not suspend the operation of the Constitution. Of major concern is Article III, Bill of Rights.

2. Martial Law DOES NOT SUPPLANT THE FUNCTIONING OF THE LEGISLATIVE ASSEMBLIES which includes not only the Congress of the Philippines meaning the Senate and House of Representatives put together, but also the Regional Legislative Assembly of the ARMM, Provincial Board of Maguindanao, the Councils of the cities and towns covered by the declaration.

3. Martial Law does not authorize the conferment of jurisdiction on military courts and agencies OVER CIVILIANS WHERE CIVIL COURTS ARE ABLE TO FUNCTION, NOR AUTOMATICALLY SUSPEND THE PRIVILEGE OF THE WRIT.

4. The suspension of the privilege of the writ shall apply ONLY TO PERSONS JUDICIALLY CHARGED FOR REBELLION OR OFFENCES INHERENT IN OR DIRECTLY CONNECTED WITH INVASION.

5. During the suspension of the privilege of the writ any person thus arrested or detained shall be judicially charged WITHIN THREE DAYS, OTHERWISE HE SHALL BE RELEASED.

"With all of these restrictions and limitations, there is a need to define the extent of the powers that may be exercised by the Martial Law Administrator in Maguindano."

"This should be addressed through a legislated definition of the powers of the ADMINISTRATOR."

"A question is raised - what kind of Executive Powers will the Martial Law Administrator of Maguindanao exercise over the elected officials of the local government units? Will he be given Legislative Powers? "

Biazon concluded, " It is advisable for the Chief Executive of the land to recall Proclamation 1959 for I believe what has got to be done towards the prosecution of those responsible for the Maguindanao massacre and dismantling of the private armies can be effected under the existing laws of the land and that our law enforcement and security agencies have the capability to pursue this objective."

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