Report: Maguindanao placed under martial law (UPDATED)
By Tonyo Cruz Dec 04, 2009 10:08PM UTCPhilippine President Gloria Macapagal Arroyo has placed the province of Maguindanao under martial law, where 57 civilians killed in the grisly November 23 massacre, according to a report by the ABS-CBN broadcast network.
UPDATE: Press Secretary Cerge Remonde denied the report on rival GMA Network.
If confirmed, it would be the first time that martial law has been proclaimed under the 1987 Constitution which the Philippines adopted a year after the 1986 People Power uprising that ousted the United States-backed Marcos dictatorship.
Citing “government sources”, ABS-CBN reported that President Arroyo approved the order Thursday night. It would be implemented from Sunday.
As of this writing, the presidential palace has not denied or confirmed the report.
The Moro Islamic Liberation Front, which operates in Maguindanao, has not issued any reaction. The separatist group is set to resume formal peace negotiations with the Manila government next week.
Martial law powers
Under the 1987 Constitution, the President has the power to place the entire country or parts of it under martial law for up to 60 days. But the charter’s framers put in safeguards intended to deny the President any chance to use it as a justification for dictatorial rule.
Section 18 of the charter’s Article VII requires the President to report to Congress within 48 hours of issuing the proclamation. Congress meanwhile is mandated to convene within 24 hours, and may revoke such a declaration by the President.
Any citizen may also question the constitutionality of the President’s declaration before the Supreme Court.
Special powers
The reported imposition of martial law in Maguindanao is not the first time Arroyo has used special powers of the presidency. In 2006, she placed the Philippines under a state of emergency in the face of mounting calls for her resignation following revelations that she had directly intervened in the 2004 elections. Malacanang said the proclamation was aimed at crushing a rebellion.
Six Members of Congress were ordered arrested, purportedly for being part of a leftist-rightist conspiracy to topple the Arroyo government. The Supreme Court later trashed the charges.
Some said the dispositive portion of Arroyo’s Proclamation 1017 was a crude copy of Marcos’ Proclamation 1081.
The Supreme Court later invalidated and declared as unconstitutional several portions of Arroyo’s proclamation.



