The Martial Law in Mindanao: A Perspective

The 1987 Constitution cites only two reasons when the declaration of martial law throughout the land or any part thereof becomes a necessity: the existence of invasion or rebellion. And this invasion or rebellion must be actual and not simply perceived. The framers of the 1987 Constitution dropped the qualifier “imminent danger” of an invasion or rebellion, which was not in the 1935 Constitution but found its way into the 1973 Marcos Constitution, to prevent abuses in the use of the discretionary power of the President and to avoid the repeat of the nightmare of September 21, 1972.

Invasion means the assault and occupation of the country by foreign enemy forces. Rebellion, on the other hand, may be of two kinds: (1) an organized armed resistance to the government with the purpose of overthrowing and replacing it (e.g., the CCP-NPA), and (2) an organized armed struggle that aims for freedom from the control and jurisdiction of the government (e.g., MNLF and MILF). Theoretically, in a democracy, the government would only resort to martial law when the rebelling forces have gained enough strength and foothold that threatens its very own existence. It is to re-assert itself and to protect the general populace. Martial law is a desperate act of government. President Quirino was not tempted to declare martial law despite the growing threat of Taruc’s Huks that had almost surrounded Manila in one occasion. Cory Aquino refused to declare martial law despite the series of military coups that hobbled the country’s economy. Erap would rather unleash the dogs of war in Maguindanao when provoked by the MILF than suffer the stigma of martial law. Only Marcos dared to do it in the past; but he had to concoct lawlessness characterized by a spate of bombings and killings here and there attributed to the toothless, newly-organized CPP-NPA rebels to justify his stay in power.

And now the Arroyo’s government has sunk so low in self-esteem when it declared martial law two weeks after the gruesome Maguindanao massacre and about a week after the declaration of the state of emergency in the area. It was unnecessary because the government was on top of the situation. Yet, she cited the dysfunction of the local judiciary and local government units, the discovery or recovery of voluminous arm caches allegedly owned by the Ampatuans, (courtesy of the Philippine military that supplied them to help in the war against the MILF, according to retired General Jovito Palparan), which, accordingly, is sufficient to arm 2 brigades or about 2, 2000 men, and an intelligence report of a planned uprising of the Ampatuan clan to protect its interest.

By all indications, there is no enemy invasion and there is no rebellion in fact to warrant the declaration of martial law in Maguindanao. The Supreme Court disavowed the claim of Gloria about the dysfunction of the local courts because these very courts were in fact the ones that issued the search and warrants of arrest directed at the Ampatuans. And if the LGUs could not deliver their services it is because they were suspended or their offices closed by the DILG at the advent of the massacre.

The atmosphere, thus, is now polluted with runaway speculations, to wit:

1. Martial law was declared to fast tract the recovery of elections paraphernalia that may expose the 2004 presidential election shenanigans that the Ampatuans may release when felt abandoned by their one time ally. It is to protect the squatter in Malacanang.

2. Martial law was declared to help the Ampatuans by charging them the crime of rebellion absorbing murder thereby - a political crime that may be quashed by amnesty - that would spare them from death penalty, if re-imposed, or life-time imprisonment. It is payback time.

3. Martial was declared to foment trouble in Mindanao and later throughout the country, resulting to No-El (no elections) and gradually put in place the rumored troika amongst the military, some church authorities, and the business and civil societies, with GMN remaining in the helm of power.

You may choose your pick or add the most likely reason behind the declaration..