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..

The Best and the Worst of Times

Within the last three weeks my spirit soared to high heavens with so much pride being a Filipino over the magnificent feats of Manny Pacquaio and CNN 2009 hero Efren Penaflorida, Jr. But, suddenly my heart flipped from joy to terrible sorrow. The soaring spirit crashed in tailspin to the ground burdened with so much grief, agony and shame over the gory and senseless killing of innocent civilians in Maguindanao.

Manny proved that a Filipino can reach great heights in his chosen field if he wants to and works hard for it. Manny’s labor as a prizefighter has been adequately rewarded: On 15 November 2009, he took home the welterweight championship belt from Miguel Cotto and became the first boxer in history to have been crowned in seven divisions, namely: flyweight (112 lb), super bantamweight (122 lb)), featherweight (126 lb), super flyweight (130), lightweight (135), light welterweight (140 lb), and welterweight (145lb).

The unequaled accomplishment of Manny Pacquaio has brought honors and glory to the Filipino people. The euphoria over his win lingered sweetly for weeks here and outside the country.

According to the PNP, the crime rate in the country plunges almost to zero every time Manny fights. The streets are almost free of traffic jams and accidents, the thieves stop thieving, the hold-uppers and kidnappers suspend their noxious trade, the rebels and the military declare an informal ceasefire, and the politicians stop their nasty mud-slinging – all is glued on the TV set for some 6 hours. Peace thus reigns over the land, albeit temporarily, because of the Pacman. Manny deserves more than the Order of Sikatuna Award. If I were a member of the Philippine Congress, I would introduce a resolution declaring Manny Pacquaio a living Filipino hero.

While Manny has to smash the face of an individual, batter the body and soul of his opponent to bring honors and glory to his country, from nowhere another Filipino put his country into the limelight for his unique effort, his soft approach of touching the hearts and transforming the lives of the poor and forgotten slum and street children through his “pushcart” education. On 21 November 2009, 28-year-old Efren Penaflorida, Jr. of Cavite was declared the CNN Hero of 2009. A multitude was awed by the rare and unprecedented community service Efren does in bringing transformative education to the young and downtrodden that snatches their lives from the claws of drugs, alcohol and gangsterism. In his speech in accepting the award, Efren encouraged everyone to be an instrument of selfless service to those in need:

"Each person has a hidden hero within…, you just have to look inside you and search it in your heart, and be the hero to the next one in need.

So to each and every person inside this theater and for those who are watching at home, the hero in you is waiting to be unleashed. Serve, serve well, serve others above yourself and be happy to serve. As I always tell to my co-volunteers ... you are the change that you dream, as I am the change that I dream, and collectively we are the change that this world needs to be."

I was extremely moved by the life and achievement of Efren. So young and yet so dedicated and determined to change the world of the helpless and hopeless. My heart swelled with pride for the young man. I told my wife who was nearby also watching the triumph of Efren on television: “You know, if I were the President of this Republic, I would immediately appoint Efren the Secretary of the Department of Education. No one has ever done what the young man dared to do. The guy, I believe, has still a lot to offer to improve the plight of our youth.”

The joy over Manny and Efren was dampened, however, and was quickly replaced by heart-gripping sorrow when on Monday, 23 November 2009, the news on the Maguindanao massacre filled the airwaves, splashed on TV and occupied the front pages of the print media in the days to follow, sending chills throughout the world on the magnitude of its bestiality unprecedented in recent memory.

I could not understand how I felt the very moment I learned about it. My immediate reaction was that of disbelief. As the details of the tragedy began to unfold, I became very angry and sad at the same time and then frustrated by my inability to do anything. It’s difficult to imagine how such inhumanity of man to his kind could happen in this modern time. But there it was, wasted and bastardized, scattered on the grounds or buried beneath, innocent and harmless women and men, whose only mistake, if it was, was to secure the participation of some people in the electoral contest in 2010, or for some, to be in the wrong place at the wrong time.

Warned of possible harm to come to him if he pursued his challenge to the family of those in power, the primary political challenger sent his wife and relatives and their legal counsels to the COMELEC for the filing of candidacy, inviting the various media of communication to accompany them, relying on the traditional belief that women, particularly Muslim women, would be spared by the atrocities of men, so much so that some 30 media people would cover the event. The traditional wisdom and belief fell into broken pieces. The unexpected happened. Fifty-seven lives were lost (latest count) in an orgy of sadism and bestiality. Maguindanao will never be the same again.

Tomorrow evening, MSUans worldwide are invited to light a candle to show our solidarity with the families of the victims, most especially with the family of fellow MSUan Cynthia Oquendo and her dear father. At daytime, I will plant 3 hardy native Tugas trees in memory of Cynthia, her father, and the rest of the victims.

Cyns, you were the dream you wanted to. Goodbye.

Statement of Concern of the Mindanao State University Alumni Association on the Maguindanao Massacre

The Mindanao State University Alumni Association (MSUAA) condemns in no uncertain terms the tragic, gruesome carnage obtaining in Maguindanao, Mindanao Island, Philippines, last Monday, 23 November 2009. The bestiality of the act committed against innocent civilians - harmless women, their unarmed escorts, journalists and legal counsels, whose only mistake, if ever, was in helping sustain the fragile democracy in the area by their effort to ascertain the participation of some people in the incoming electoral processes, is unparalleled in the history of modern times, and has even eclipsed the equally condemnable senseless killings in Iraq, Afghanistan, Pakistan, and Somalia.

We salute the victims for their courage in pursuing their respective role in their chosen professions, and as faithful citizens of the land who dreamed and believed that democracy may still blossom and bear fruits even in an arid and hostile environment.

The Association is aghast, however, by the very slow, tentative and unproductive actions of the government authorities in pursuing and bringing into justice the perpetrators of the heinous crime. It is therefore encouraging all sectors of society, the civil societies, the churches, those in academe and professional organizations to put more pressure on the government to prevent a whitewash, a fading action, and eventual amnesia of the event. The Association urges everybody to be vigilant on this matter and never to let this pass until justice is brought to the victims and their families.

The members of the Association are truly saddened by this unfortunate development in Mindanao. The people have already suffered so much from poverty, inequality, social and political uncertainty, and violence that grip the Island. The government ought to put an end to this, stop playing patronage politics, exercise political will and use its iron hand to restore order and sanity in the broken land.

The members of the Association condole with the families and kin of the victims with deepest and sincerest sympathy in this soul-wrenching time of their lives. But we are requesting them to remain calm and sober and to let the law and divine justice take their own courses so as not to escalate the crisis in our midst.

We pray to God to listen to the wails of those who grieve over the untimely death of their loved ones and to comfort and assure everyone whose heart has been seared by the tragedy that justice and peace will ultimately prevail in our beloved Mindanao.

SALAM!

Atty. Halil A. Lucman

President

William R. Adan, Ph.D.

President-in-Waiting