THE LOBBYiST : More Than Just Views: Rep. Teofisto 'TG' Guingona on the declaration of Martial Law in Maguindanao

Rep. Teofisto 'TG' Guingona on the declaration of Martial Law in Maguindanao
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    on 06 December, 2009 05:47:00
 
Under the 1987 Constitution, Martial Law can only be declared when two things
are present: (1) the existence of ACTUAL invasion or rebellion, and (2) when
public safety requires it. BUT there is no actual invasion or rebellion at the
moment. The allegation in Proclamation 1959 that “heavily armed groups in the
province of Maguindanao have established positions to resist government troops,
thereby depriving the Executive of its powers and prerogatives to enforce the
laws of the land and to maintain public order and safety” IS UTTERLY WITHOUT
FACTUAL AND LEGAL BASIS. Gloria Macapagal-Arroyo can order the Armed Forces of
the Philippines to prevent or suppress lawless violence, invasion or rebellion
WITHOUT DECLARING MARTIAL LAW AND WITHOUT SUSPENDING THE PRIVILEGE OF THE WRIT
OF HABEAS CORPUS. Martial law poses a grave threat to our democracy and should
not be taken lightly and should not be declared at the whim and paranoia of the
present administration.
I would like to warn the public on the possibility that the administration of
Gloria Macapagal Arroyo will exploit the situation in Maguindanao. Unlike the
Martial Law imposition of President Marcos, which was done swiftly, in one blow,
all over the country, there is a possibility of a “creeping” Martial Law by
Gloria Macapagal Arroyo. We all know that Gloria Macapagal Arroyo has proven her
lust for remaining in power. What is to stop the administration from recreating
disorder, violence, and chaos in other places, exploiting the sense of
helplessness of civilians in dismantling warlords, thereby orchestrating
widespread acceptance. Thereafter, they can put up a front of running after
“KUNO” drug lords, jueteng lords, smugglers, oligarchs, etc., again as a
strategy of gaining acceptance amongst the people and expanding the area of
coverage of Martial Law.
I was around during the early days when Martial Law was declared by President
Marcos. I vividly remember the initial feeling of stability and peace and order
during those early days. The pattern seems to be repeating itself. One, create
violence and chaos. Two, exploit the citizens’ helplessness in dealing with
the violence and chaos. Three, declare Martial Law. History is repeating itself.