Press Release
December 7, 2009

Martial Law in Maguindanao: Sinister plot to absolve Ampatuans? - Biazon

Senator Rodolfo G Biazon today cautioned that declaring Martial Law in Maguindano could be that first sinister step in absolving the close political allies of the President, the Ampatuans for the massacre in Maguindano.

"There is no need to declare Martial Law which does not add anything to the problem of having to arrest and prosecute the perpetuators of the massacre. We have laws, the courts, the means - the police and their brother in arms the military. We don't need any powers and arrangements perceived with the declaration of Martial Law."

"What is needed is the rule of law. The pressure will be in the Executive Department who has control over the law enforcement agencies and the judiciary."

"I am worried if Malacanang is preparing rebellion charges to be filed against the Ampatuans. Rebellion absorbs serious crimes such as murder, arson and illegal possession of firearms except the crime of rape."

Biazon warned, "If the crimes of murder and illegal possession of firearms are absorbed within the rebellion charges against the Ampatuans, and they are charged of rebellion , they could be granted amnesty even before a commutation. Rebellion is also very hard to prove and if the Ampatuans are absolved of rebellion, all their other crimes will also be absolved. "

The Chairman of the Senate Committee on National Defense and Security explained that, "The Constitutional basis in declaring Martial Law is only in the cases of invasion or rebellion. "

Biazon cited Section 18 of Article VII of the Constitution which states that the President may call the AFP or PNP to prevent or suppress lawless violence, invasion or rebellion, but in the case of invasion or rebellion, if public safety so requires the President may declare Martial Law. Biazon said the Constitution is very clear that only in cases of invasion or rebellion can Martial Law be declared.

"In the second sentence of Section 18 Article VII, lawless violence was no longer included as a prelude to the declaration of Martial law."

Biazon also raised, "Who will be the Martial Law Administrator in Maguindanao? When Martial Law was declared in 1992, Secretary of Defense Juan Ponce Enrile was designated as the Administrator. Basic to the Constitution is the supremacy of the civilian authority over the military. If Lt Gen Raymundo Ferrer is designated Martial Law Administrator of Maguindanao, what are the powers granted to him? Will he exercise legislative and executive powers while still holding a military command position?"

"This is a matter which the DILG who has supervision over the local government units should look into. If a Governor is arrested, the Vice Governor should take over the reigns if the law on succession is enforced."

As regards to the required report of the President to Congress following her declaration of Martial Law, Biazon is calling on his colleagues to be careful and be objective without leaning towards political considerations, "I am also worried because the Legislature, has been perceived by the people to have surrendered its oversight functions which is basic to the principle of check and balance in a democracy to prevent the exercise of dictatorial powers."

"The experience with the manner with which the GARCI scandal, Macapagal Highway anomaly, ZTE-NBN onerous contract, Overpricing of the North Rail contract and the misappropriation of the Fertilizer Fund has nurtured a public perception that the Legislature had been remiss in the exercise of its oversight functions."

"How Congress will handle this issue can be a precedent because it could progress to the imposition of Martial Law on a regional or national level. If Congress provides a precedent, a recurrence of the imposition or escalation to a wider area would have to also be dealt with in the future."

Biazon today also filed Senate resolution no. 1511 to inquire into how high caliber sophisticated weapons such as 50 caliber sniper riffles, 90mm recoilless rifles which are anti-tank and anti-building weapons, 81mm and 60mm mortars and armored vehicles which only the military should have possession of were acquired by the Ampatuans.

"I hope this won't demoralize our soldiers who complain of shortage of ammo only to find out that truckloads are being given to the political allies of their Commander-in Chief who are NOT AUTHORIZED to handle these kinds of weapons, " Biazon concluded.

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